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32A-272 19 King Street ConservationEnvironmentalSafetyHealthGeotechnical ,- T ®'Reilly, Talbot & Okun ~ I --- 293 Bridge Street [ A S- S 0 C I A T E S] '+ • ... Suite 500 Springfield, MA 01103 Attention:.. Mr. Wayne Fieden . ~., ( ~ ~~ f~ (~ R (,~ Te~41-'7~8 6222 s.. ~ -..._,.. `-.._._..__l.._~ F~'Y~413~ ~88 8830 J0281-01-07 ~ ~~ January 2, 2009 City of Northampton Office of Planning and Developme 210 Main Street, Rm. 11 ____ _ Northampton, Massachusetts. 01060. ~_.'~, Re: Notice of Activity and Use Limitation, 21 to 31 Main Street . Confirmatory Notice of Activity and Use Limitation, 19 King Street Northampton, Massachusetts. Release Tracking No..1-10539. Dear Mr. Fielden:. Attached axe complete copies. of a Notice of Activity. and Use Limitation for. 21. to 31. Main Street, and a Confirmatory. Notice of Activity and Use Limitation fox 19 King Street, Northampton.. These documents. axe being provided to. you in accordance with Massachusetts Department of Environmental Protection regulation 310 CMR 40.1403(7)(a). As shown on the Registry of Deeds. document identification bar codes. at the top. of the first page. of each document, the. Notice of Activity and Use Limitation for 21. to 31 Main Street is recorded in the Hampshire County Registry of Deeds. at Book 8300 Page 206, and the Confirmatory Notice of Activity and Use Limitation for 19 King Street is recorded in the. Hampshire County Registry of Deeds. at Book 9669. Page 170.. If you have any questions. in this matter, please contact our office. Edward J. We; Senior Project Attachments: Notice of Activity and Use Limitation, 21 to 31 Main Street , Confirmatory Notice. of Activity and Use Limitation, 19 King Street c: MassIDEP Health Department Mayor Clare-Higgins Anthony Patillo-Building Code Enforcement Eric Suher f r~ ~ tp~env.com j II ~.: ~ JAN - 5 2009 ~~ ~~ ~ ~ ~ I~ t _..______~ DEf T OF F'IE~Nivlf!'G f~InRTNI~.~+~`TGF;, h",A G; OED . Very truly. yours, i~W~N I' i~u'~'~~~NV _~ L a 0 Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, ~ 6 and 310 CMR 40.0000 Disposal Site Name: Property behind Calvin Theater DEP Release Tracking No.: 1-10539 This Notice of Activity and Use Limitation ("Notice") is made as of this _~ day of May, 2005, by Chamisa Corporation of 31 Campus Plaza Road, Hadley, IVlassachusetts, together with its. successors and assigns (collectively "Owner") WITNESSETH: WHEREAS, Chairusa Corporation of Hadley, Hampshire County, Nlassachusetts is the owner in fee simple of that certain parcel of land known as 21-31 Main Street, Northampton, Hampshire County, Massachusetts with the buildings and. improvements thereon pursuant to a deed recorded with the Hampshire County Registry of Deeds in Book 4238, Page 14 (the property); 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 shown on a plan recorded in the Hampphire County Registry of Deeds. in Plan Book 151, Plan 74; _ WHEREAS, a portion of the. Property ("Portion of the Property") is ~~ subject to this Notice of Activity and Use Limitation. The Portion of the Property is. 9 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 recorded with the ~' Hampshire County Registry of Deeds. in Plan Book 0189, Plan 0064; WHEREAS, the Portion of the Property comprises. part 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 Portion of the Disposal Site in accordance with M.G.L. 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 pr 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 ~', 2005, (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. Activities and Uses Consistent with 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 tithe (pursuant to 310 CIvIR 40.0000) so. long as any of the following activities and uses occur on the Portion of the Property: i.) Commercial and/or industrial activities and uses including, but not limited to, non- vegetable gudening, landscaping and routine maintenance of landscaped areas within the designed AUL area, which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the petroleum contaminated soil currently located at depths greater than four feet below grade; ii.) Excavation at depths greater than four feet below grade associated with short term (92 days or less) subsurface utility and/or construction work which may be deemed necessary within the designated AUL area, provided that it is conducted in accordance with a Soil Management Plan approved by an LSP prior to the initiation of such activities; iii.) Long term (greater than 92 days) subsurface activities and/or construction at depths greater than four feet below grade including, but not limited to, excavation within the designated AUL area which may disturb petroleum-contaminated soil currently located at depths greater than four feet below surface grade, provided that such activities are conducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP and implemented prior to the initiation of such activities; iv.) Activities and uses which are not prohibited by this Notice of AUL; and v.) Such other activities and uses which, in the Opinion of an LSP, 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. 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) Use of the Property as a residence, school fox children, or a child day-care facility; ii) Use as a high intensity recreation area, such as playing field or playground; iii) Extraction of groundwater for any purpose other than construction (or other) dewatering conducted in accordance with a Groundwater Management Plan approved by a Licensed Site Professional (LSP) prior to initiation of dewatering; iv) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; and v) Any subsurface activity including, but not limited to, excavation which may result in direct contact with, disturbance, or relocation of the petroleum-contaminated soil located greater than four feet below surface grade witlvn the designated AUL area, which is not conducted i~ accordance tivith Sections 1 and 3 of tlus r'lUL Opinion. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or lnauztaiiled at the Portion of the Property to 111a1T1ta111 a condition of No Significant P`isk as set forth in the AUL Opinion shall include the following: i) A Soil Management Plan must be approved by an LSP and implemented prior to the initiation of any subsurface activity which may disturb petroleum-contaminated soil located greater than four feet below surface grade within the designated AUL area; i) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term (greater than 92 days) subsurface activity which may result in disturbance of petroleum-contaminated soil located at depths greater than four feet below surface grade within the designated AUL area. The Health and Safety Plan must be prepared in accordance with requirements set forth in 310 CMR 40.0018; iii) The petroleum-contaminated soil located greater than four feet below grade within the designated AUL area may not be relocated to a shallower depth within the designated AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which attests that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and is consistent with the provisions of the MCP; and iv) A Groundwater Management Plan must be approved by an LSP and implemented prior to extraction of groundwater for construction (or other) dewatering. 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 LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et .reg., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and 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 tithe to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et ,reg., 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 LSP in accordance with 310 CNIR 40.1080 et .req., 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 CNIR 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 future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instititment 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 LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds. and/or Land Registration Office(s). WITNESS the execution hereof under seal this ~ day of May, 2005. Chamisa Corporation ~~ By: Its: P esident COMMONWEALTH OF MASSACHUSETTS z , ss 2005 Then personally appeared the above-naiz~ed Douglas Kohl and acknowledged the foregoing instrume~ to. be free act and deed before rue, Notary Public: ,/ v" /' ~ussell B, Jopson, Jr. My Commission Expires: (/ Notary Public My Commission Expires March 26, 2010 WITNESS the execution hereof under seal this~day of May, 2005. Chamisa Corporation By: Its: COMMONWEALTH OF MASSACHUSETTS. A , SS 2005 Then personally appeared the above-named Douglas. Kohl and acknowledged the foregoing~nstnamee free act and deed before me, Notary Public: My Commission Expirks:~"~~f'`~~pu ell B. Jopson, ar, 1 otary Publlc My Commis ion Expires March 26, 20i 0 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as IJxhibit 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 Activi~nd Use Limitation Opinion. Date: .~, ~o 4~ MIEH6~ ~~ qp9~~~.gg g p~ ~ l' d ,,\\ ~~i ®9PU ~~bl6tl tyi ~ ~' ,. s ~9®, ~~®~3 ~y K vin O'Reilly ) ~,.~~~~~~o~~ ~ ~`~~~ COMIvIONW~~~-I OF Iv1ASSACHUSI/TTS ~f ,~P , ss ___,~~_ .~~ , 2005 Then personally appeared the above named Kevin O'Reilly and acknowledged the foregoing instrument tube his. free act and deed before me, Notary Public: My Commission Notary Public My Commission Expires March 26, 2D10 Upon recording, return to: Chamisa Corporation . 31 Campus Plaza Road Hadley, Massachusetts. EXHIBIT A 21-31 MAIN STREET, NORTHAMPTON, MASSACHUSETTS A certain parcel of land situated in Northampton, Hampshire County, Massachusetts, shown and more particularly described as Parcel 2B on a plan of land recorded in the Hampshire County Registry of Deeds at Book of Plans 151, page 74, also shown and more particularly described as parcel 32A-272 on a Plan of Land entitled "Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II, LLC", dated May 28, 1999, prepared by Almer Huntley, Jr. & Associates, Inc., and recorded in the Hampshire County Registry of Deeds at Book of Plans 0189, page 0064, bound and described as follows: BEGINNING at a point located along the southerly side of Merrick Lane at the northwesterly corner of land now or formerly of Chamisa Corporation, THENCE N46°18'45"E for a distance of 83.60 feet to a point, THENCE N37°26' 12"E for a distance of 15.44 feet to a point, THENCE S48°56'39"E for a distance of 76.58 feet to a point, THENCE S47°04'40"W for a distance of 112.08 feet to a point, THENCE N38°47'46"W for a distance of 47.61 feet to a point, THENCE N38°47'46"W for a distance 25.03 feet to the said point of beginning. EXHIBIT A-1 THE PORTION OF THE PROPERTY Certain land situated in Northampton, Hampshire County, Massachusetts, more particularly described as "A.U.L. Area No.2" on a plan entitled "Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II, LLC", dated May 28, 1999, prepared by Almer Huntley, Jr. & Associates, Inc. and recorded in the Hampshjire County Registry of Deeds at Book of Plans 0189, Page 0064 containing approximately 3, 944 square feet, bound and described as follows: BEGINNING at a point located 20.03 feet S38°47'46"E of a point along the southerly side of Merrick Lane at the northwesterly corner of land identified as 32A-272 now or formerly of Chamisa Corporation, THENCE S52°28'32"E for a distance of 55.57 feet to a point, THENCE S42°35'35"W for a distance of 25.71 feet to a point, THENCE S47°07'40"W for a distance of 57.74 feet to a point, THENCE N38°47'46"W for a distance of 25.03 feet to a point, THENCE N38°47'46"W for a distance of 47.61 feet to the said point of beginning. EXHIBIT B w_______._-w `p~ w~-w /f,Q4'~ w--J-w--^-W--~-w~~w-^--w J/ -----^-w~-w WATER LINE M E R R I C K L A N E I(s/// 3 DISPOSAL SITE BOUNDARY/ AREA SUBJECT TO RAO I --_----- ___--- _ ~~~- -, ~,-~ I I=~ ~ i=III=1 I= 1;_ TH~~R I=1 I I-1 11=1 11= ~ ~ r-,,~~ ~ I-III-.~-~I~f' I,; I I ~ I ~F~RMER 1, 'rte-~~~ ~ I ~L I I~ARA! I- ~ OF~SOILEEXCEED NG AUL AREA # J S-t SOIL STANDARDS ;1111=, I I I-T ~ ~ ~-III=1 ~ 1-1 ~ 1=~ ;~ AUL #1 EA - __1 ~ I-III-I I -1~= l~ . I I=1 11=1 I I-1 I I~-~-~ -I I ~. ~; ~~~-=-~~~~~~ ,~ I =1 I I-I II ~~I J l~ ~~~ I GAS UNE ,._...._._' BANK AVENUE FORMER OIL UST FITZ4MLLYS BLOCK LEGEND: - - - PROPERTY LINE e ~ o ~ - ESTIMATED LIMITS OF SOIL EXCEEDING S-1 SOIL STANDARDS SCALE 1 " = 30' I ~~~~~Y ~~~~~~ ~ ~x~~ ~s,~~cr~r~.~s .~~c. 0 15' 30' 60' CALVIN THEATER NORTHAMPTON MASSACHUSETTS SITE SKETCH DATE: MAY 2005 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION RELEASE TRACKING N0.1-10539 21 to 31 Main Street Northampton, Massachusetts This exhibit provides the Activity and Use Limitation (AUL) opinion in support of the above referenced release pursuant to 310 CMR 40.1074(1)(b). The referenced section requires that the opinion specify: 1. Why the notice of AUL is appropriate to achieve and/or maintain a level of No Significant Risk; 2. Site activities to be permitted; 3. Site activities to be prohibited and/or limited; and 4. Obligations and conditions to maintain a level of no significant risk. These four items are addressed below. It should be noted that the AUL opinion is provided for the area described on Exhibits A-1 in the Notice of Activity and Use Limitation to which this opinion is attached. 1. Achievement and Maintenance of No Significant Risk This AUL opinion addresses the achievement and maintenance of a condition of No Significant Risk for the area described in Exhibit A-1. Soil and groundwater in this area have been subject to a release of petroleum hydrocarbons from a former underground storage tank that was removed in 1994 and from suspected historic petroleum product spills associated with a former garage operation. Petroleum hydrocarbons and associated hydrocarbons have been detected in site soil and groundwater. Immediate Response Actions (IRA) were undertaken and included excavation and off-site recycling of contaminated soil. Post remediation testing indicated that groundwater meets current risk-based standards for groundwater for current site use. Contaminated soil is locally present within the described area below a depth of four feet below current surface grade. Soil concentrations meet risk based standards for current use exposure assumptions. These assumptions are that the site will remain in use as commercial or industrial property, such that there will be a low frequency and low intensity of children's use of the property, and that no high intensity uses with the potential to disturb the affected soil will occur. Unacceptable high intensity uses would involve activities where uncontrolled digging would occur. Given the depth below grade of impacted soil and the assumed to be continued current commercial or industrial use of the site, future high intensity uses, or uses involving exposures of children are unlikely to occur. However, since petroleum hydrocarbon concentrations in soils below a depth of four feet within the AUL area locally exceed Massachusetts Department of Environmental Protection (MADEP) risk based standards for unrestricted residential use; the Massachusetts Contingenry Plan (MCP) requires that the Site risk assessment be supported with an AUL. Potential exposures to soils are through dermal contact, ingestion of total petroleum hydrocarbons (TPI~ contaminated soils in the event of exposure and/or excavation of soils in the AUL area. Because the soils are below existing grade, potential exposures can be limited Page 1 through application and maintenance of an AUL that restricts excavation or disturbance of this material. 2. Permitted Activities and Uses Consistent with the AUL Opinion. The AUL Opinion pro- vides 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.) Commercial and/or industrial activities and uses including, but not limited to, non- vegetable gardening, landscaping and routine maintenance of landscaped areas within the designed AUL area, wluch do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the petroleum contaminated soil currently located at depths greater than four feet below grade; ii.) Excavation at depths greater than four feet below grade associated with short term (92 days or less) subsurface utility and/or construction work which may be deemed necessary within the designated AUL area, provided that it is conducted in accordance with a Soil Management Plan approved by an LSP prior to the initiation of such activities; iii.) Long term (greater than 92 days) subsurface activities and/or construction at depths greater than four feet below grade including, but not limited to, excavation within the designated AUL area which may disturb petroleum-contaminated soil currently located at depths greater than four feet below surface grade, provided that such activities are conducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP and implemented prior to the initiation of such activities; iv.) Activities and uses which are not prohibited by this Notice of AUL; and v.) Such other activities and uses which, in the Opinion of an LSP, 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. 3. Prohibited/Limited 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 fol- lows: i) Use of the Property as a residence, school for children, or a child day-care facility; ii) Use as a high intensity recreation area, such as playing field or playground; iii) Extraction of groundwater for any purpose other than construction (or other) dewatering conducted in accordance with a Groundwater Management Plan approved by a Licensed Site Professional (LSP) prior to initiation of dewatering; Page 2 iv) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; and v) Any subsurface activity including, but not limited to, excavation which may result in direct contact with, disturbance, or relocation of the petroleum-contaminated soil located greater than four feet below surface grade within the designated AUL area, which is not conducted in accordance with Sections 2 and 3 of this AUL Opinion. 4. 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) A Soil Management Plan must be approved by an LSP and implemented prior to the initiation of any subsurface activity which may disturb petroleum-contaminated soil located greater than four feet below surface grade within the designated AUL area; ii) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term (greater than 92 days) subsurface activity which may result in human contact with or disturbance ofpetroleum-contaminated soil located at depths greater than four feet below surface grade within the designated AUL area. The Health and Safety Plan must be prepared in accordance with requirements set forth in 310 CMR 40.0018; iii) The petroleum-contaminated soil located greater than four feet below grade within the designated AUL area map not be relocated to a shallower depth within the designated AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which attests that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and is consistent with the provisions of the MCP; and iv) A Groundwater Management Plan must be approved by an LSP and implemented prior to extraction of groundwater for construction (or other) dewatering. I attest that I have personally examined and am familiar with the information on which this LSP opinion is based and, in my professional judgment, this AUL opinion complies with the requirements for said opinions established under 310 CMR 40.1074(1)(b). Signature: ~ `~ Typed Name: Kevin J. O'Reilly ~~~2 ~~~~~~~ ~' ~~V~~ ~$. Seal: ~~ .~~~~. ~~6~~,an ,41 ~~~2b~~4 "'ix s.. ~s>.. Date: ~'- O ,~~-~fJ° License N Page 3 ,. Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number art J) 10 - 10539 Pursuant to 310 CMR 40 1056 & 40 1070 - 40 1084 (Sub . . . p A. DISPOSAL SITE LOCATION: Property behind Calvin Theater 1. Disposal Site Name: 21 - 31 Main Street 2. street Address: Northampton 01060-0000 3. City/Town: 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) Q 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response ^ Action Outcome Statement, pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. ^ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4). 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3) . © 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(1)(d). ^ 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ^ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3). ^ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(2). ^ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c). ^ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation, pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? Q a. No ^ b. Yes If yes, then fill out address section below. 2. Street Address: 3. City/Town: 4. ZIP Code: Revised: 06/27/2003 Page 1 of 2 ~, Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J) LSP SIGNATURE AND STAMP: BWSC113A Release Tracking Number 10 - 10539 I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of (i) the standard of care in 309 CMR 4.02(1), (ii) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and (iii) the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief, > if Section B indicates that a Notice ofActivify and Use Limitation is being registered and/or 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 40.1074; > if Section 8 indicates that an Evaluation of Changes in Land UseslActivities and/or Site Conditions after a Response Action Outcome Statementis being submitted, this evaluation was developed in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1080; if Section 8 indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental ~striction is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal (i) is being ~vided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (ii) complies with 40.1081; if Section 8 indicates that a Termination or a Partial Termination of a Notice ofActivity and Use Limitation, or a Re/ease or ~rtial Release of a Grant ofEnvironmenfal Restriction is being registered and/or recorded, the Activity and Use Limitation that the subject of this submittal (i) is being provided in accordance with the a pplicable provisions of M.G.L. c. 21 E and 310 CMR 1.0000 and (ii) complies with 310 CMR 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/or 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; > if Section B indicates fhaf a ConfirmatoryActivity and Use Limitation is being registered and/or 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 40.1085(4); 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. 1. LSP #: 9908 2. First Name: KeVln ,1. 4. Telephone: (413) 788-6222 7. Signature: ~: 9. LSP Stamp: , ~~„~,~, 3. Last Name: O'Rell 5. Ext.: 6. FAX: (413) 788-8830 8. Date: ~ ~ ~ ~~ fJF ~~ ~~' ~EVIA~ ,~ J. ~°R~iLLY ~, ~ fir,. 9508 q ~~®s/~ PROFS. a`~~ Revised: 06/27/2003 Page 2 of 2 a o ;. STATEMENT OF OWNERSHIP The undersigned certifies that, Chamisa Corporation owns the property located at 21-32 Main Street in Northampton, Massachusetts. WITNESS the execution hereof under the seal this day ,'~ of f~~ , 2005. OWNER Chamisa Corporation By: ~- Its: ~ ~~~~~ ~ ~r'~i u~2c- COMMONWEALTH OF MASSACHUSETTS ~~ ~ ~ , 2005 Then personally appeared the above named Chamisa Corporation and acknowledged the foregoing to be his/her free act and deed before me, ~,~ I~tary I3ublic: j/~ ~ " My Commission ~; pyres: Russell B. Jopson, Jr. Notary Public My Commission Expires March?&,?070 . 'x r CERTIFICATE OF INCUMBENCY The undersigned, Secretary/Assistant Secretary of ~.I~q~S,d~ ~~2~~ 5~~~ IT S corporation (hereinafter "Corporation"), hereby certifies as follows: 1. That he/she is the duly elected, qualified and acting Secretary/Assistant Secretary of the Corporation and is charged with maintaining the records, minutes and seal of the Corporation. 2. That pursuant to the Corporation's By-Laws, as amended, the following named person(s) was/were designated and appointed to the office(s) indicated below, and that said person(s) does/do continue to hold such office(s) at this time, and the signature(s) set forth opposite the name(s) are genuine signatures. NAME SIGNATURE TITLE 3. That pursuant to the Corporation's By-Laws, as amended, and certain resolutions adopted by the Corporation's Board of Directors, the person(s) designated to serve in the above-entitled capacity was/were given sufficient authority to act on behalf of and to bind the Corporation with respect to transactions involving the leasing of equipment, including without limitation the sale and lease back of such equipment, and that the execution by said person(s) of documents related to such transactions, including without limitation Master Lease Agreements and Equipment Schedules thereto, constitute a legally binding and enforceable obligation of the Corporation. 4. That pursuant to the Corporation's By-Laws, as amended, the undersigned has the power and authority to execute this certificate on behalf of orporation and that he/she has so executed this certificate and set the seal of the Corporation this day of ~/ ~, 20~ Signat (SEAL) Name: _~ - ~~ Title: ~°1=C7IP ~`i~t INCUMBENCY.DOC ~j,, ATTEST: HA~PSHIRE,_ O%~~Q[~ ~REf~ISTER MARIANNE--L: DONOHiTE--