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HomeMy WebLinkAboutLower Memorial Park (Hope St.) - 6/11/200300 PENNEI Environmental Engineers & Scientists June 11, 2003 Mr. John O. D'Agostino, TOWN OF MANSFIELD Six Park Row Mansfield, MA 02048 (508) 261-7370 INC ,1WN 1 3 200;3 Town Manager Mr. Scott Leite, Health Agent TOWN OF MANSFIELD Board of Health Six Park Row Mansfield, MA 02048 (508) 261-7370 Mr. Jack Vultaggio, Chairman TOWN OF MANSFIELD Zoning Board of Appeals Six Park Row Mansfield, MA 02048 (508) 261-7378 RE: Lower Memorial Park Dear Messrs. D'Agostino, Leite, Vultaggio and Riccio: Mr. Nick Riccio, Bldg Inspector TOWN OF MANSFIELD Building Department Six Park Row Mansfield, MA 02048 (508) 261-7360 In accordance with the public involvement requirements of 310 CMR 40.1403, Penney Engineering, Inc is hereby providing you with the attached copy of the Notice of Activity and Use Limitation (AUL) which was recorded for the lower portion of Memorial Park at the Bristol County Registry of Deeds on May 30, 2003 in Book 12159 on Pages 279- 296. The AUL requires the Town to maintain the earthen and concrete caps that were constructed to prevent exposure of the contaminated soil buried at specific areas of the Park designated as the "AUL Area". It prohibits any soil excavation within the AUL Area which is not supervised by a Licensed Site Professional (LSP) or the Massachusetts Department of Environmental Protection (DEP). It also requires that a Licensed Site Professional inspect the earthen and concrete caps each April and August then submit a written report to the Town Manager after each inspection. Any other activities associated with the normal, current use of the Park are permitted. Please be advised that in accordance with 310 CMR 40.1073, a Legal Notice of the AUL Notice shall be published in The Sun Chronicle on Friday, June 13, 2003. A copy of the Legal Notice is enclosed for your reference. Yours truly, Ralph P. Penney, PE, LSP President Attachments (2) 125 High Street, Mansfield, MA 02048 web: www.PenneyEng.com (508) 261-1288 • FAX (508) 261-1208 email: sales@ Penn eyEng.corn A true COPY BY photostatic process FORM 1075 BK 12159 PO 279 05/30/03 05:06 50388 CONFIRMATORY NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, Sec. 6 and 310 CMR 40.0000 Disposal Site Name: Lower Memorial Park, off Hope Street, Mansfield DEP Release Tracking No.: 4-14771 This Notice of Activity and Use Limitation ("Notice") is made as of this thirtieth day of May, 2003, by the Town of Mansfield with offices at Six Park Row, Mansfield, MA together with its successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, the Town of Mansfield of Mansfield, Bristol County, MA, is the owner in fee simple of that certain parcel of land located in Mansfield, Bristol County, Massachusetts, with the buildings and improvements thereon; WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof ("Property") is subject to this Notice of Activity and Use Limitation. The Property is not shown on a recorded plan, but is described in a May 3, 1837 deed of three parcels of h n land sold to the Town of Mansfield as recorded in Book 153 on Pages 365 and 366 at the Bristol County Registry of Deeds on May 4, 1837; WHEREAS, a portion of the Property ("Portion of the Property/AUL Area") is subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan entitled, "Activity and Use Limitation Plan for Memorial Park", dated May 27, 2003, prepared by Hutchins -Trowbridge Associates, Inc of Mansfield and recorded at the Bristol County Registry of Deeds on May 30, 2003 as Plan No. in Book Ui & on Page Y� A copy of said plan is attached to Exhibit BK 12159 PG 280 said plan is attached to Exhibit A-1. The Portion of the Property is also shown on the Sketch Plan attached as Exhibit B; WHEREAS, the Portion of the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Portion of the Disposal Site in accordance with MGL C. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are, based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated May 30, 2003, which is attached hereto as Exhibit C and made a part hereof; NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time, pursuant to 310 CMR 40.0000, so long as any of the following activities and uses occur on the Portion of the Property: i. Activities and uses consistent with the current use as a municipal park such as maintenance of landscaping, grass BK 12159 PG 281 mowing, with S-2 and/or S-3 soil categories maintained by the earthen and concrete caps; ii. Any soil excavations within the Portion of the Property which are conducted under the direct supervision of a Licensed Site Professional or the Massachusetts Department of Environmental Protection and in accordance with a site -specific Health and Safety Plan and a Soil Management Plan as described in Paragraph 3 below; iii.Such other activities or uses which, in the opinion of a Licensed Site Professional, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and iv. Such other activities and uses not identified in Paragraph 2 below as being Activities and Uses Inconsistent with the AUL Opinion. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: i. Activities and uses that significantly damage or remove the earthen or concrete caps which result in the soil in the Portion of the Property being classified as S-1; ii. Any excavating in the Portion of the Property which is not directly supervised by a Licensed Site Professional or the Massachusetts Department of Environmental Protection and in accordance with a site -specific Health and Safety Plan and a Soil Management Plan; and BK 12159 PG 282 iii. Activities and uses that allow for the potential of direct exposure of the contaminated soil by children or adults. 3. obligations *and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: i. The Owner shall periodically inspect and maintain the earthen and concrete caps at the Portion of the Property in order to maintain the S-2 and S-3 soil categories for current and foreseeable activities and uses; ii. The Owner shall retain the services of a Licensed Site Professional to conduct an inspection of the earthen and concrete caps each April and August and submit a written report of the inspection to the Owner by the 15th day of the following month; and iii. Any person or entity that wishes to excavate in the Portion of the Property shall retain the services of a Licensed Site Professional and prepare a site -specific Health and Safety Plan and a Soil Management Plan that are approved by the Licensed Site Professional. All excavating shall be directly overseen by a Licensed Site Professional. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an Licensed Site Professional who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and BK 12159 PG 283 all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of -a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an Licensed Site Professional in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an Licensed Site Professional in accordance with 310 CMR 40.1080 et seq., the Owner or operator of the Portion of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other. instrument of transfer, whereby an interest in and/or a right to use the Property or a Portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned Licensed Site Professional, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. Rif 12159 PG 284 WITNESS the execution hereof under seal this of May, 2003. 30K day lager COMMONWEALTH OF MASSACHUSETTS �ISf�' ss May 36 2003 Then personally appeared the above -named John O. D'Agostino, Town Manager, TOWN OF MANSFIELD, and acknowledged the foregoing to be his free act and deed before me, No ry Public EJ;GJ.y�cli My Commission Expires: The undersigned Licensed Site Professional hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: May 30, 2003 _xM r / Licensed Site Professional Ralph P. Penney Seal: t� 9� BK 12159 PB 285 I COMMONWEALTH OF MASSACHUSETTS Is'raL ss May 3_e, 2003 Then personally appeared the above -named Ralph P. Penney and acknowledged the foregoing to be his/her free act and deed before me, MINOR "NA,1 .0 OP . �mmi Public ssion Expires: - Upon recording,�return toy Mr. John 0. D'Agostino, Town Manager TOWN OF MANSFIELD Six Park Row Mansfield, MA 02048 BK 12159 PG 286 EXHIBIT A The Property situated off Hope Street in Mansfield, Bristol County, Massachusetts only shown as Lot #20 on the current Masnfield Assessors' Map #25 and described in a May 3, 1837 deed of three parcels of land sold to the Town of Mansfield as recorded in Book 153 on Pages 365 and 366 at the Bristol County Registry of Deeds on May 4, 1837. The Property is only one of many parcels sold or gifted to the Town of Mansfield that comprises the Town complex along Hope and East Streets. The Property is shown on the Sketch Plan as Exhibit B and is bounded and described as follows: BEGINNING at a point at the Southwest corner of said AUL area at a corner of a stone wall: THENCE North 06 degrees 45 minutes 27 seconds West for a distance of 176.92 feet; •THENCE North 01 degrees 13 minutes 24 seconds West for a distance of 735.75 feet; THENCE North 88 degrees 39 minutes 41 seconds East for a distance of 888.75 feet; THENCE South 03 degrees 18 minutes 37 seconds East for a distance of 522.43 feet; THENCE South 07 degrees 21 minutes 55 seconds West for a distance of 376.06 feet; and THENCE South 87 degrees 25 minutes 22 seconds West for a distance of 836.39 feet. Containing 19.1 acres of land, more or less, according to said plan. DK 12159 PG 287 Exhibit A-1 A portion of a certain parcel of land situated off Hope Street in Mansfield, Bristol County, Massachusetts shown as a Restricted Area on a plan entitled "Activity and Use ,Limitation Plan for Memorial Park", Owned by the Town of Mansfield, Dated May 27,2003, Scale 1"=50' by Hutchins -Trowbridge Associates Inc., recorded at the Bristol County Regist of Deeds on May 30,2003 as Plan No. Book q/& Page V. A copy of said plan is attached and made part of Exhibit A-1 by reference. The Portion of the Property is bounded and described as follows: BEGINNING at a point at the Southwest corner of said easement at a corner of a stone wall: THENCE North 06 degrees 45 minutes 27 seconds West for a distance of 186.70 feet to an AUL Limit; THENCE South 84 degrees 14 minutes 58 seconds East for a distance of 245.00 feet to an AUL Limit; THENCE North 78 degrees 30 minutes 23 seconds East for a distance of 116.27 feet to an AUL Limit; THENCE North 87 degrees 19 minutes 57 seconds East for a distance of 152.88 feet to an AUL Limit; THENCE North 01 degrees 37 minutes 37 seconds West for a distance of 460.00 feet to an AUL Limit; THENCE North 89 degrees 43 minutes 43 seconds East for a distance of 196.20 feet to an AUL Limit; THENCE South 08 degrees 40 minutes 22 seconds East for a distance of 90.97 feet to an AUL Limit; THENCE South 03 degrees 18 minutes 37 seconds East for a distance of 343.67 feet to an AUL Limit; THENCE South 30 degrees 49 minutes 58 seconds East for a distance of 97.70 feet to an AUL Limit; THENCE South 00 degrees 53 minutes 26 seconds East for a distance of 99.71 feet to an AUL Limit; THENCE South 87 degrees 19 minutes 57 seconds West for a distance of 757.61 feet to the point of beginning; Containing 222,493 square feet of land, more or less, according to said plan. Exhibit B BK 12159 PG 288 uia CK o�Lu zCDcn �o� W CO CI Lucn F-QO0vi zL nL..—ZEL0. 836.39` S 87°� „w 3 4 ZD � � 1 O 0 N VLIJ N Z N N �M O N N 88039'41"E 888.75' 1■■ .1 ■■ ■■• ■■ DK 12159 PG 289 Exhibit 8 wvia a. Cl ai oCnw Z U O N �0F t-Cf) Cl OopNui z C" LL CL rn 836.39a I S 87"'L5 Zz ry 1 r__ t t I I NV q top �o z N 88639'41 "l= 888.75' rU Exhibit B BK 12159 PO 290 wcnaa: w co oow UJ zj50a) J 0 F utaP CO i—000ui Z(L—L.a. 836.39A S 87°25'22V 3 ZD MI,- O I 0 ' N cLU N N a. ti " rn N N � M O N N 88039'41"E 888.750 0 BK 12159 PG 291 EXHIBIT C Activity and Use Limitation (AUL) opinion In accordance -with 310 CMR 40.1074, this Activity and Use Limitation (AUL) Opinion has been prepared to support a Notice of Activity and Use Limitation ("the Notice") for the lower portion of Memorial Park located off Hope Street in Mansfield, MA. The 5.11 acre portion of Memorial Park, which use is partially restricted by the Notice, includes the Practice Field, the Basketball Courts, the Volleyball Court, the Wooded Area and the Sand Covered Playground, as shown on the Sketch Plan included as Exhibit B and described in Exhibit A-1. Site History On March 17, 1999, Penney Engineering personnel were conducting geotechnical soil boring activities with personnel from the Mansfield Department of Public Works at the old, asphalt basketball courts at the rear of Memorial Park. The soil borings were being advanced to determine if the soil beneath the basketball courts was suitable for the construction of new basketball courts. During the soil boring activities, a chemical odor similar to creosote was detected in several of the borings advanced through the asphalt. A soil sample was collected from soil boring B-1 and sent to a Massachusetts - qualified laboratory for analysis of polynuclear aromatic hydrocarbons (PAHs). A total of nine PAH compounds were detected above the applicable RCS-1 reportable concentrations, which triggered the 120-day notification requirements of the MCP. Four test pits were also excavated ,around the basketball courts to determine the extent of the PAR contamination. Additional test pits were dug at specific locations throughout the Park. Similar soil and PAH contamination was discovered in only the test pits in the lower portions of the Park including the basketball courts, the volleyball court, the practice field and the playground. On August 13, 1999, a meeting was held with BK 12159 PG 292 the Department of Environmental Protection. Additional assessment activities were conducted as requested. No PAH contamination was detected in the groundwater at the Park. It was determined that contaminated soil was probably deposited in the lower portions of the Park as sporadic truckloads when it was being filed in 1968. The extent was determined to be limited to the areas previously determined. Reason for Activity and Use Limitation A Method One Risk Characterization was conducted for the current and foreseeable future use of the PAH-contaminated area within the Park. It was determined that the PAH-contaminated soil could present a significant risk to children, adults and utility workers who came into contact with the PAH-contaminated soil. A comprehensive Phase III evaluation of the available remedial response alternatives was conducted. The removal and off -site disposal of the PAH-contaminated soil was determined to be economically infeasible. The construction of earthen and concrete caps over the PAH-contaminated soil was determined to be the most appropriate remedial alternative to eliminate the direct exposure pathway. In the fall of 2000, the Town of Mansfield began constructing the earthen and concrete caps. It tool over two years for the grass above the earthen caps to become well established. An AUL is required to insure that the earthen and concrete caps are maintained and to restrict any excavation into the PAH- contaminated soil to prevent direct exposure. Permitted Activities and Uses Set Forth in this AUL Opinion. This AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time, pursuant to 310 CMR 40.0000, BK 12159 PG 293 so long as any of the following activities and uses occur on the Portion of the Property: i. Activities and uses consistent with the current use as a municipal park such as maintenance of landscaping, grass mowing, with S-2 and/or S-3 soil categories maintained by the earthen and concrete caps; ii. Any soil excavations within the Portion of the Property which are conducted under the direct supervision of a Licensed Site Professional or the Massachusetts Department of Environmental Protection and in accordance with a site - specific Health and Safety Plan and a Soil Management Plan as described in Paragraph 3 below; iii. Such other activities or uses which, in the opinion of a Licensed Site Professional, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and iv. Such other activities and uses not identified in Paragraph 2 below as being Activities and Uses Inconsistent with this AUL Opinion. Activities and Uses Inconsistent with this AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: i. Activities and uses that significantly damage or remove the earthen or concrete caps which result in the soil in the Portion of the Property being,classified as S-1; $K 12159 PG 294 ii. Any excavating in the Portion of the Property which is not directly supervised by a Licensed Site Professional or the Massachusetts Department of Environmental Protection and in accordance with a site -specific Health and Safety Plan and a Soil Management Plan; and iii. Activities and uses that allow for the potential of direct exposure of the contaminated soil by children or adults, or utility workers. Obligations and Conditions Set Forth in this AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in this AUL Opinion shall include the following: i. . The Owner shall periodically inspect and maintain the earthen and concrete caps at the Portion of the Property in order to maintain the S-2 and S-3 soil categories for current and foreseeable activities and uses; ii. The Owner shall retain the services of a Licensed Site Professional to conduct an inspection of the earthen and concrete caps each April and August and submit a written report of the inspection to the Owner by the 15`h day of the following month; and iii. Any person or entity that wishes to excavate in the Portion of the Property shall retain the services of a Licensed Site Professional and prepare a site -specific Health and Safety Plan and a Soil Management Plan that are approved by the Licensed Site Professional. All excavating shall be directly overseen by a Licensed Site Professional. PK 12159 PG 295 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1070 - 40.1084 (Subpart J) E-14771 COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: Lower Memorial Park Street: Off Hope Street Location Chyfrown: Mansfield ZIP Code: 02048 Address of property subject to ALL, if different than above. Street: Cilyrrown: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074 (complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071, (complete all sections of this form). Provide the LSP Opinion for an Amendment of Environmental Restriction, pursuant to 310 CMR 40.1081(3) (complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction, pursuant to 310 CMR 40.1083(2) (complete all sections of this form). C. LSP OPINION: I attest under the pains and penallles of perjury that I have personally examined and am familiar with this submittal, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of (1) the standard of care in 309 CMR 4.02(1), (II) the applicable provisions of 309 CMR 4.02(2) and (3), and (Ili) the provisions of 309 CMR 4.03(5), to the best of my knowledge, > If Section B Indicates that a Notice of Activity and Use Limitation is being registered andlor recorded, the Activity and Use Limitation that Is the subject of this submittal (1) Is being provided In accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (II) compiles with 310 CMR 40.1074(1)(b); > if Section B indicates that an Amended Notice of Activity and Use Limitation is being registered andlor recorded, the Activity and Use Limitation that is the subject of this submittal (I) Is being provided in accordance with the applicable provisions of M.G.L, c. 21 E and 310 CMR 40.0000 and (11) complies with 310 CMR 40.1080(1) and 40.1081(1); > If Section S Indicates that a Termination of a Notice of Activity and Use Limitation is being registered andlor recorded, the Activity and Use Limitation that Is the subject of this submittal (1) Is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (il) complies with 310 CMR 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction Is being registered andlor recorded, the Activity and Use Limitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (II) complies with 310 CMR 40.1071(1)(b); > if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered andlor recorded, the Activity and Use Limitation that Is the subject of this submittal (1) is being provided in accordance with the applicable provisions of M.G, L. c. 21 E and 310 CMR 40.0000 and (if) complies with 310 CMR 40.1080(1) and 40.1081(1); > If Section B Indicates that a Release of Grant of Environmental Restriction is being registered andlor recorded, the Activity and Use Limitation that Is the subject of this submittal (1) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (11) complies with 310 CMR 40.1083(3)(a). I am aware that significant penalties may result, Including, but not limited to, possible fines and Imprisonment, if I submit Information which I know to be false, Inaccurate or materially incomplete. ❑ Check here if the Response Acllon(s) on which this opinion Is based, if any, are (were) subject to any order(s), permil(s) and/or approval(s) Issued by DEP or EPA. If the box is checked, you MUST attach a statement Identifying the applicable provisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 518/95 Do Not Alter This Fomt Page 1 of 2 BK 12159 PG 296 Massachusetts Department of Environmental Protection BWSC-114 �. Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM ❑ �� Pursuant to 310 CMR 40.1070 - 40.1084 (Subpart J) 4 - 14771 C. LSP OPINION: (contlnued) Ralph P. Penney 7755 1NorM LSP Name: LSP #: Stamp: �. Telephone (508) 261-1288 Ext.: 202 p="'` RALPH y (508) 261-1208 P. FAX: �� PrameY ,r, P'� 77ubn LSP Signature; ! D�F�S,.1,.' y� PS��• Data: /" ' r t20 49 YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 5/8195 Do Not Alter This Fom1 Page 2 of NOTICE OF AN ACTIVITY AND USE LIMITATION Lower Memorial Park, Hope Street, Mansfield Release Tracking Number: 4-14771 Pursuant to the Massachusetts Contingency Plan (310 CMR 40.1073), a Notice of Activity and Use Limitation on the above disposal site has been recorded with the Bristol County North Registry of Deeds on May 30, 2003 in Book 12159 on Page 279. The Notice of Activity and Use Limitation will limit the following site activities and uses on the above property: ■ Activities and uses that significantly damage or remove the earthen or concrete caps which result in the soil in the AUL Area being classified as S-1; ■ Any excavating in the AUL Area which is not directly supervised by a Licensed Site Professional or the Massachusetts Department of Environmental Protection and in accordance with a site -specific Health and Safety Plan and a Soil Management Plan; and ■ Activities and uses that allow for the potential of direct exposure of the contaminated soil by children or adults. Any person interested in obtaining additional information or reviewing the Notice of Activity and Use Limitation and the disposal site file may contact Mr. Ralph Penney, Penney Engineering, Inc, 125 High Street, Mansfield, MA 02048 (508) 261-1288.