17D-071 (3) The foregoing is a true copy of the record in
Book, Pabe--L�, of the Hampshire
County Registry of Deeds.
Date 40
-ATTEST:
REGIUSTER
` t 5 R , 1
Massachusetts Department of Environmental Protection BWSC-114
Bureau of Waste Site Cleanup
Release Tracking Number
ACTIVITY& USE LIMITATION (AUL) OPINION FORM _ 00524
Pursuant to 310 CMR 40.1070-40.1084(Subpart J)
C. LSP OPINION: (continued) `
LSP Name: Evan T. Johnson LSP#: 6135 Stamp: q�`� �f M-4X
413-562-1600 !'� 254 Z yG
Telephone �- , Ext.: � EVAN
T.
FAX: 413-562- o JOHNSON
e No.6135
LSP Signature: �l� t � �� FC STERE�S��r
c�3 , 7� 5 ��SITE PROEMS
Date: d° f��'i'! e
0
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE.
t
Revised 5/8/95 Do Not After This
��Form Page 2 of 2
.ATTEST. HAMPSHIRE ft
, A4—�, EGISTER
MARTANM L. 1>=En
S1 �
zP ; a R 1
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 1:1
J) - 0 0524
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: Verona Street Landfill
39 Verona Street
Street: Location
City/Town: Northampton ZIP Code: 01060
Address of property subject to AUL,if different than above. Street:
City/Town: 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 ofthis form).
Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4)
(complete all sections ofthis 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 ofthis form).
C. LSP OPINION:
I attest under the pains and penalties 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(i)the standard of care in 309
CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)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(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)
complies with 310 CMR 40.1074(1)(b);
> if Section B indicates that an Amended Notice of Activity 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 40.1080(1)and 40.1081(1);
> if Section B indicates that a Termination of a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use
Limitation that is the subject ofthis submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR
40.0000 and (ii)complies with 310 CMR 40.1083(3)(a);
> 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.21E 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 and/or recorded,the Activity and Use
Limitation that is the subject of this submittal(!)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR
40.0000 and (ii)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 and/or recorded,the Activity and Use
Limitation that is the subject ofthis submittal(i)is being provided in accordance with the applicable provisions of M.G.L.C.21E and 310 CMR
40.0000 and (ii)complies with 310 CMR 40.1083(3)(a).
1 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 Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permit(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 5/8/95 Do Not Alter This Form Page 1 of 2
U �J- U
CITY OF NORTHAMPTON
MASSACHUSETTS
May 1, 2003
"uncily ......:7---�
Upon the recommendation of Mayor Mary Clare Higgins
...................... ............................ ............ ............... ........................ .........................
...............
RESOLUTION
Be it resolved that the city of Northampton authorizes the Mayor to sign.the enclosed
deed restriction which is a NOTICE OF ACTIVITY AND USE LIMITATION (hereinafter
referred to as the Notice of AUL) in accordance with the provisions of M.G.L. chapter
21 E, Sec.6 and 310 CMR 40.0000 for property owned by the City of Northampton and
known as the Verona Street Landfill located at 39 Verona Street, Florence, as shown
on Exhibit B or the attached Notice of AUL.
In City Council, may 1 , 2 0 0 3
Rul6s suspended, passed two readings and enrolled,
Attest City Clerk
Approved.-, Mary Clare Higgins, Mayor
A true copy.
,;hest: w City Clerk
PC
K. Corrective actions must be taken to remediate and/or mitigate conditions that
would compromise the integrity and purpose of the modified landfill capping
system; and
iii. Repair of any significant settlement or erosion of the capping system with similar
materials, as necessary.
LSP Certifications
LSP assuming responsibility for Activity and Use Limitation Statement: Evan T. Johnson, P.E.
I attest that I have personally examined and am familiar with the information on which this AUL
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). The AUL Opinion
Form is attached hereto as Exhibit C.,
Signature: � � L Seal: �tY� of MgsJ,
Date: zo F '3 a wart
N
r � T.
o JOHNS0rt
License Number: 6135 No.a1 3s
Q
s T
F�SITE PROF-S
B ! 0 G
Reason # f
Reason for AUL
An AUL was implemented because the risk characterization is based on elimination of certain
exposure pathways for the characterization of harm to human health, and because the risk
characterization relies on limited future site uses to maintain that reduced exposure potential.
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 in the Portion of Property:
i. Activities that will not compromise the integrity or functionality of the modified
landfill capping system within the AUL area; and
ii. Such other activities and uses not identified in Paragraph 2 as being Activities
and Uses Inconsistent with the AUL.
Activities and Uses Inconsistent with the AUL Opinion
Activities and uses which are inconsistent with the objectives of the AUL Notice, and which, if
implemented in the Portion of 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 that will promote erosion or excessive/differential settlement of the
modified landfill capping system within the AUL area;
ii. Any planting of vegetation that will compromise the integrity of the modified
landfill capping system via root infiltration.within the AUL area;
iii. Any construction or use of subsurface wastewater disposal systems or
underground injection wells within, below, or adjacent to the AUL area; and
iv. Any other activity that will adversely affect the integrity or functionality of the
modified landfill capping system within the AUL area.
Obligations and Conditions Set Forth in the AUL Opinion
The obligations and/or conditions to be undertaken and/or maintained in the Portion of
Property to maintain a condition of No Significant Risk as set forth in this AUL Opinion shall
include the following:
i. Post-construction monitoring and maintenance of the modified landfill capping
system must occur on an annual basis until the modified capping system is no
longer required at the site to maintain a condition of No Significant Risk. The
findings from these annual inspections must be reported to Massachusetts
Department of Environmental Protection in written form; and
i
Exhibit C - Activity and Use Limitation Opinion
In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation
(AUL) Opinion has been prepared for a portion of a parcel located at 39 Verona Street,
Northampton, Hampshire County, Massachusetts. The subject property is currently owned by
the City of Northampton and is currently vacant. A portion of the property ("Portion of
Property") is subject to the AUL Notice. The disposal site is identified as Release Tracking
Number (RTN) 1-00524.
Site History
Historical research indicates that the former Verona Street landfill operated as a stone quarry
beginning in the early 1890s. In 1943, after stone quarrying operations ceased, the site was
authorized by the City of Northampton to operate as a burning dump. The types of refuse
disposed.at the burning dump were typical household rubbish in addition to commercial and
industrial waste from local businesses. Wastes were disposed at the site between 1943 and
1957, the year the landfill ceased operation. A residential structure was constructed on a
portion of the site sometime after 1957. The structure was located on the landfill parcel, but
did not encroach upon the former waste disposal area. The City of Northampton purchased
the site property in June 1995 and had the residential structure and an accompanying garage
demolished and removed from the site in the fall of 1998.
The former landfill site was first listed as a Location to be Investigated (LTBI) on April 15,
1989 following the detection of elevated levels of metals in site soils. On October 1, 1993, the
DEP listed the former landfill as a Confirmed Disposal Site (#1-00524). A Phase II
Comprehensive Site Assessment was completed for the former landfill in October 1999. The
Phase II investigation included test pit excavation to delineate landfill refuse, the installation of
soil gas points and additional site monitoring wells, and the collection of soil (surficial and
subsurface), groundwater, and sediment samples. In summary, the findings from the Phase 11
investigation indicated,that a condition of "No Significant Risk of Harm to Health" did not
exist at the site due to the detection of several metals, polynuclear aromatic hydrocarbons
(PAHs) and polychlorinated biphenyls (PCBs) above the applicable Massachusetts Contingency
Plan (MCP) standards. The elevated concentrations of these contaminants were detected in
soils located within the refuse-area and the "smeared refuse" that was encountered along the
perimeter of the former landfill. The Phase I1 risk assessment, however, indicated that there
was no impact to site groundwater and no environmental impact beyond the refuse disposal area.
As part of site closure, a modified landfill capping system was installed at the site in general
accordance with a Phase IV Remedial Implementation Plan. Using a Method 3 Risk
Characterization, the capping of the former landfill has eliminated the potential risk of harm to
health has been eliminated under current site conditions. However, an AUL must be
implemented to maintain a condition of No Significant Risk for future site conditions and to
allow for site closure with a Class A-3 Response Action Outcome (RAO).
BK 0 1- 2 0 5 PG 1 1
,
I � �
LIMITS OF CAP ';_
i
4
t €�cl
IE
AUL AREA/DISPOSAL SITE " \
RAO BOUNDARY
i
LEGEND
AREA OF BEDROCK
EXPOSURE
R EXISTING PROPERTY LINE EXHIBIT B
AUL AREA, DISPOSAL SITE SITE SKETCH
AND RAO BOUNDARY
AS-BUILT CAP VERONA STREET LANDFILL
39 VERONA STREET
• STONE BOUND FOUND NORTHAMPTON, MASSACHUSETTS
RTN: 1-00524
• IRON PIN FOUND TIGHE & BOND INC. CONSULTING ENGINEERS
WESTFIELD, MASSACHUSETTS
IRON PIN SCALE. 1' = 60' DATE: MAY 20, 2002
N0228\AUL SKETCH PLAN
BKI 1.2 0 5 P i s 1 1 ,
thence S 58°-19'-34" W a distance of 76.53' to a point;
thence S 781-12'-00" W a distance of 12.62' to the point and place of
beginning;
and containing 0.90 Acres.
J:WN0228\AUL\Exhibit-Al.doc
0 205PU' 1 3
EXHIBIT A-1
City of Northampton
Verona Street Landfill
Activity and Use Limitation Description
The land in Northampton, Hampshire County, Massachusetts, as shown on a
plan called "Activity And Use Limitation Plan, for the Verona Street Landfill, dated
May 14, 2003 and prepared by Tighe & Bond, Consulting Engineers, Westfield
Massachusetts, Scale 1" = 30"' recorded in Hampshire County Registry of Deeds, said
parcel being bound and described as follows:
Commencing at an iron pin located along the southerly property line of land
now or formerly the City of Northampton, said point being the Northeasterly
corner of land now or formerly of Michael J. O'Conner and Anne M. Lucey as
shown on the above'referenced plan;
thence N 76°-12'-05" W a distance of 53.49' to a point;
thence N 13°-47'-55" E along a tie course, a distance of 128.35' to the point of
beginning;
thence N 66°-55'-40" W a distance of 92.24' to a point;
thence N 48°-04'-21" W a distance of 79.29' to a point;
thence N 37-05'-58" W a distance of 65.77' to a point;
thence N 13°-15'-31" W a distance of 53.02' to a point;
thence N 38°-09'-54" E a distance of 46.77' to a point;
thence N 62°-57'-45" E a distance of 53.57' to a point;
thence N 82°-31'-22" E a distance of 30.38' to a point;
thence S 66°-36'-24" E a distance of 53.88' to a point;
thence S 34°-11'-10" E a distance of 92.19' to a point;
thence S 15°-21'-52" W a distance of 62.56' to a point;
thence S 41°-23'-06". E a distance of 29.15' to a point;
thence N 84°-41'-51" E a distance of 39.83' to a point;
thence S 49°-28'-30" E a distance of 31.29' to a point;
thence S 02°-52'-03" W a distance of 19.02' to a point;
1 ' 0 5 P 6 f i2
partly by each, a distance of 204.35' to an iron pin in the easterly sideline of
said Verona Street;
thence N 13°-41'-40" E along the easterly sideline of Verona Street a distance
of 2.46' to a stone bound;
thence N 77°-31'-20" W along the northerly line of Verona Street a distance of
20.01' to the point and place of beginning;
and containing 5.40 acres.
Parcel No. 2:
Beginning at an iron pin in the northerly line of Verona Street said point being
N 77°-31'-20" W a distance of 20.01' from the stone bound which marks the
Northeasterly corner of Verona Street, on the northerly line of Verona Street;
thence continuing N 77-31'-20" W along the northerly end of Verona Street
and land now or formerly of said Peter Aloisi, a distance of 120.00' to an iron
pin;
thence N 12°-28'-40" E along Parcel 1, a distance of 60.00' to an iron pin;
thence S 77°-31'-20" E along Parcel 1, a distance of 100.00' to an iron pin;
thence S•05°-57'-50" E along Parcel 1, a distance of 63.24' to an iron pin at the
point and place of beginning;
and containing 0.15 acres.
J:V\T\N0228\AUL\Exhibit A.doc
1 Y
EK0 ? 5pu f
EDIT A
City of Northampton
Verona Street Landfill
Property Description
The land in Northampton, Hampshire County, Massachusetts, as shown on a
plan called "Plan Of Land In Northampton, Massachusetts, Belonging to Emma M.
Handfield, Scale 1" = 40', dated July 17, 1959 and prepared by the Davis Engineering
Co." recorded in Hampshire County Registry of Deeds, Plan Book 58, Page 10, said
parcels being bound and described as follows:
Parcel No. 1:
Beginning at an iron pin in the northerly line of Verona Street at the
southeasterly corner.of Parcel 2 on said above-referenced plan of land, situated
at the northerly end of Verona Street;
thence N 05°-57'-50" W along the Easterly side of Parcel 2, a distance of
63.24' to an iron pin;
thence N 770-3l'-20" W along the Northerly side of Parcel 2, a distance of
100.00' to an iron pin;
thence S 12°-28'-40" W along the Westerly side of Parcel 2, a distance of
60.00' to an iron pin at land now or formerly of Peter Aloisi,
thence N 77-31'-20" W along land of said Peter Aloisi, a distance of 306.86'
to a concrete bound, at land now or formerly Joanne Montgomery, said point
being the southeast corner of the parcel herein described.
thence N 14°-15'-30" E along land of said Joanne Montgomery, land now or
formerly of Anthony W. and Anna P. Patrick, land now or formerly of Lewis J.
and Florence R. Kmetz, land now or formerly of Christine Douglas, land now
or formerly John D. and Theresa M. Collins and land now or formerly of
Warren D. and Irene T. Jones, a distance of 315.00' to an iron pin, said point
being at the northwest corner of the parcel herein described;
thence N 840-09'-15" E along land now or formerly William A. and Sydney C.
Letendre a distance of 553.83' to an iron pin, said point being the northeast
corner of the parcel herein described;
thence S 00°-38'-10" E .along land now or formerly of the Northampton
Meadowbrook Associates a distance of 509.42' to an iron pin, said point being
in the southeasterly corner of the parcel being described;
thence N 76°-12'-05" W along land now or formerly Francis E. and Bertha
Barnes, and land now or formerly Michael J. O'Connor and Anne M. Lucey,
BKPj 10rG' 111
The undersigned LSP 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 witht e terms set
forth in said Activity and Use Limitation Opinion.
f fJ�
l
Date::, n �L _`'�i� ''--�-
Evan T. Johnson, P.E., LSP
Tighe&B
LSP 96 ��H 0 Mqs���
EVAN y�
T.
o
JOHNSON -`
No.6136 L'
O
S T ERti'
F� S
SITE PRO
COMMONWEALTH OF MASSACHUSETTS
ss .Ili ( 2003
Then personally appeared the above named Evan T.Johnsoryand7 cknowledged the
foregoing instrument to be his free act a tided before "
Nota Public:
My Commission Expires:g4lk5l 7
Upon recording, return to:
Mayor Mary Clare Higgins
210 Main Street
Northampton MA 01060
pp i
Owner hereby authorizes and consents to t ie g?n odlt�ngand/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). Signatory authority documentation for City
of Northampton is attached hereto as Exhibit D.
WITNESS the execution hereof under seal this ( day of May, 2003.
City of N rthampton
By: f;
Mayor Mary Clare Higgins`/ 1
City of Northarfipton
COMMONWEALTH OF MASSACHUSETTS
94? P51 fl ss Art"'1 /� 2003
Then personally appeared the above-named Mayor Mary Clare Higgins and
acknowledged the foregoing instrument to be her free act and deed before me,
Notary Public:
My Commission Expires: � � f
reported to Massachusetts Department of Environmental Protection in
written form;
(ii) Corrective actions must be taken to remediate and/or mitigate conditions that
would compromise the integrity and purpose ofthe modified landfill capping system;
and
(iii)Repair of any significant settlement or erosion ofthe capping system with similar
materials, as necessary.
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 seq., 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 time 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 etseq., 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 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 future 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 thereofis conveyed.
and made a part hereof); BK 0 12 0 5 PEG I b I
NOW, THEREFORE,notice is hereby given that the activity and use limitations
set forth in said ALL 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 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 that will not compromise the integrity or functionality of the
modified landfill capping system within the AUL area; and
(ii) Such other activities and uses not identified in Paragraph 2 as being
Activities and Uses Inconsistent with the AUL.
2. Activities and Uses Inconsistent with the ALL 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 that will promote erosion or excessive/differential settlement of
the modified landfill capping system within the AUL area;
(ii) Any planting of vegetation that will compromise the integrity ofthe modified
landfill cdpping system via root infiltration within the ALL area;
(iii)Any construction or use of subsurface wastewater disposal systems or
underground injection wells within,below, or adjacent to the ALL area;and
(iv)Any other activity that will adversely affect the integrity or functionality
of the modified landfill capping system within the AUL area.
3. Obligations and Conditions Set Forth in the ALL Opinion. If applicable,
obligations and/or conditions to be undertaken and/or maintained at the Portion
of the Property to maintain a condition ofNo Significant Risk as set forth in the
ALL Opinion shall include the following:
(i):Post-construction monitoring and maintenance of the modified landfill
capping system must occur on an annual basis until the modified capping
system is no-longer required at the site to maintain a condition of No
Significant Risk. The findings from these annual inspections must be
►iii ►
Bk: 7205Pg: 166 Page: 1 of 16 Form 1075
Recorded: 05/2012003 10:36 AM
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. C. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: (Former) Verona Street Landfill
DEP Release Tracking No.(s): 1-00524
This Notice of Activity and Use Limitation("Notice")is made as of this 19 h day
of May, 2003, by the City of Northampton, 210 Main Street, Northampton, Hampshire
County, Massachusetts 01060 together with their successors and assigns (collectively
"Owner").
WITNESSETH:
WHEREAS, the City of Northampton of Hampshire County, Massachusetts is
the owner in fee simple of those certain parcels of vacant land located at 39 Verona Street in
the City of Northampton, Hampshire County, Massachusetts pursuant to a deed recorded
with the Hampshire County Registry of Deeds in Book 4685, Page 81;
WHEREAS, said parcels 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
Hampshire County Registry of Deeds in Plan Book 58, Plans 10 and 11;
WHEREAS, a portion of the Property('Portion of the Property")is subject to
00
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 apart hereof. The Portion
of the Property is shown on a plan recorded with the Hampshire County Registry ofDeeds in
Plan Book i �j �C , Plan ;
0
Z 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 Disposal
Site in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency
Plan, 310 CAM 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 20, 2003 (which is attached hereto as Exhibit C and
NOTICE OF ACTIVITY AND USE LIMITATION
(Former) Verona Street Landfill
39 Verona Street
Northampton, Massachusetts
DEP Release Tracking Number: 1-00524
Pursuant to the Massachusetts Contingency Plan (310 CMR 40.1070), a
NOTICE OF ACTIVITY AND USE LIMITATION on the above disposal site has
been recorded and/or registered with the Hampshire County Registry of Deeds on
May 20, 2003. The NOTICE OF ACTIVITY AND USE LIMITATION will limit
the following site activities and uses on the restricted area of the above property:
• Activities that will promote erosion or excessive/differential settlement of the
modified landfill capping system within the AUL area;
• Any planting of vegetation that will compromise the integrity of the modified
landfill capping system via root infiltration within the AUL area;
• Any construction or use of subsurface wastewater disposal systems or underground
injection wells within, below, or adjacent to the AUL area; and
• Any other activity that will adversely affect the integrity or functionality of the
modified landfill capping system within the AUL area.
Any person interested in obtaining additional information or reviewing the NOTICE
OF ACTIVITY AND USE LIMITATION and the disposal site file may contact Evan
Johnson, P.E., LSP of Tighe & Bond, 53 Southampton Road, Westfield, Massachusetts
at (413) 572-3254.
Tighe&Bond.
Consultin g Engineers
9
Environmental Specialists
The complete Response Action Outcome report is available for public review and copying at
the Western .Regional office of the Massachusetts DEP at 436 Dwight Street in Springfield.
For more information about file review, please contact the file review coordinator at (413)
755=2268.
If you have any, questions or comments relative to this correspondence, please'contact the
undersigned at (413) 562-1600:
Very truly yours,
T &BO D IN
Jam_
Evan T.�Johnson;'P.E., LSP
Vice President:
J:\N\N0228\PhaseIV1AUL-RAO\ '
public-notification.doe.
Copy Northampton Board Hof Health
•' - Northampton Buildiog_Department
Northamptoin.Zoning Department"
DEP WERO
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iglhe&Bond
Consulting Engineers
Environmental Specialists
N-228-4-65
May 20, 2003
Ms. Mary,Clare Higgins,Mayor . ":,aY 7 ? 2003
Northampton City Hall
210 Main Street
Northampton; MA '01060
Re: AUL and RAO Statement.
Verona Street Landfill
39 Verona Street; Northampton;MA`
RTN 1-00524
Dear Mayor Higgins
In accordance with the,Public Notification Procedures of the Massachusetts Contingency, Plan
(NICP) 3,10 ,.CMR 40.1403, we are hereby notifying you of submittal to_-the, Massachusetts I Department of Environmental Protection (DEP) of an Activity and Use Limitation (AUL) and-
Response Action Outcome (RAO), for the above-referenced site. A Release Tracking Number` .
(RTN),of 1-00524 was issued to the former landfill- in April 1989 for the release of elevated
concentrations of metals to site soils :
`As you are aware,a modified'landf ll capping system was installed at the site as part of site
reinediation.` With the implementation of the AUL to maintain a condition of No Significant
Risk, 'a Class A=3 RAO. applies to'the site. This Class A-3 d'epends upon'the AUL whichhas
been, implemented' and.will be maintained for. 'a portion of the- property" 'where,, limited l
contamination remains in soil"s beneath the landfill capping system. The implementation of the
A U L achieves a condition -f No Significant Risk of harm to health, public wel'fare,.safety.,and_
the environment. - The AUL was recorded with the Hampshire County Registry of Deeds`on,
May 20.,-,,2003 as required by the',MCP: A�copy of the recorded AUL',is enclosed., . The"
attached legal notice is'to b&ixiblished in the Daily Hampshire Gazette_,
. 1
i
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f
53 Southampton Road, Westfield, MA 01085 :Tel.413-562-1600 Fax. 413-562-531.7_ j
Offices: Bellows Falls, VT, Middletown, CT Norwalk, CT, and Worcester, MA
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