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296 Notice of an Activity & Use Limitation 2007 Northampton Board of Health 210 Main Street Northampton, MA 01060 Tighe&Bond Consulting Engineers Environmental Specialists N-465-3-58 November 30, 2007 Re: Pro Corporation - PMC 296 Nonotuck Street Northampton, MA RTN 1-16060 To Whom It May Concern: In accordance with the Public Notification Procedures of the Massachusetts Contingency Plan (MCP) 310 CMR 40.1403, we are hereby notifying you of submittal to the Massachusetts Department of Environmental Protection (DEP) of an Immediate Response Action (IRA) Completion, Activity and Use Limitation (AUL), and a Response Action Outcome (RAO) Report for the above-referenced site. A release tracking number of 1-16060 was originally issued for the release at the Pro Corporation - PMC facility located at 296 Nonotuck Street in Northampton, Massachusetts. Soil and groundwater contamination associated with hydraulic oil released from machines previously used within the facility, is present at the site beneath the floor of injection mold machining area and the upper manufacturing area of the building. Volatile organic compounds (VOCs) have also been detected in groundwater at the site. This AUL has been recorded for the site to limit certain site activities to maintain a condition of No Significant Risk. The AUL was recorded with the Hampshire County Registry of Deeds on November 28, 2007, a copy of which is enclosed. The attached legal notice is to be published in the Republican. The IRA Completion, AUL and RAO documentation referenced herein is available for public review at the Western Regional office of the DEP at 436 Dwight Street in Springfield, MA. Public file review sessions are held every Wednesday. For more information about file review, please call the DEP Service Center at (413) 784-1100. 53 Southampton Road• Westfield, MA 01085• Tel. 413-562-1600•Fax. 413562-5317 www.tighebond.com Tighe&Bond Consulting Engineers Environmental Specialists If you have any questions or comments relative to this correspondence, please feel free to contact the undersigned at your earliest convenience. Very truly yours, TIGHE & BOND INC. y L. ps, SP Director, ' - - ediation and Field Services J:\N\N0465\AUL,RAO\PUBLIC NOTICE LTR.DOC Enclosures Copy: Mayor Clare Higgins Northampton Building Department Northampton Zoning Department DEP Western Regional Office Robert Jones, Esq., PMC Group, Inc. 0! pn NOTICE OF AN ACTIVITY AND USE LIMITATION 296 Nonotuck Street Northampton, Massachusetts DEP Release Tracking Number 1-16060 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 and/or registered with the Hampshire County Registry of Deeds on November 28, 2007. The NOTICE OF ACTIVITY AND USE LIMITATION will limit the following site activities and uses on the above property: • Activities and uses which cause direct contact with, disturbance or relocation of the impacted soil located at a depth of 0 to 12 feet below the concrete floor in a portion of the building, with the exception of excavation work associated with short term utility or construction work as may be deemed necessary within the AUL area and conducted in accordance with the permitted performance standards as referenced above; and • Use within the AUL area for single-family residential, child care, agricultural, institutional (with a residential or child care component), educational (for children under 18 years age) and recreational or as a playground for children. Any person interested in obtaining additional information or reviewing the NOTICE OF ACTIVITY AND USE LIMITATION and the disposal site file may contact Jeffrey L. Arps, LSP, Tighe &Bond, Inc., 53 Southampton Road, Westfield, MA 01085 at (413) 562-1600. Bk: 09332 Pg: 298 Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: 296 Nonotuck Street, Northampton, Massachusetts DEP Release Tracking No.(s): 1-16060 This Notice of Activity and Use Limitation("Notice")is made as of this_day of November 2007,by Pro Corporation-PMC, with a principal place of business at 1288 Route 73 S, Mt. Laurel, NI 08054, together with his/her/its/their successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Pro Corporation-PMC, is the owner(s)in fee simple of that certain parcel(s)of land located in Northampton, Hampshire County, Massachusetts, pursuant to a deed recorded with the Hampshire County Registry of Deeds in Book 5226, Page 306; WHEREAS, said parcel(s) 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 147, Plan 10; 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 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 211 . 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 xihe g within subject to this the Notice of and to extent Unanan011 to such boundaries boundaries of said disposal site established. Exhibit existing within the limits of the Property B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for a Portion of the Disposal Site 4 .0000("MCP").with M.G.L.d response actions pare based upon the)thMassachusetts estrction of human access to and contact 40.0000 a"MCP"a. Po the restriction of certain activities occurring in, on, through,oil over hazardous the Portion in f soil and/or rt The basis for such restrictions is set forth in an Activity over the under the Portion o( tAe Property. dated November T4 2007, (which is attached Activity and Use Limitation Opinion ("AUL Opinion"), 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 Bk:0332P9:298 Page:1 0114 Repo deck 11/2812007 09:35 MI I317514.k Bk: 09332 Pg: 299 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 which do not result in direct contact or disturbance of impacted soils located at a depth of 0 to 12 feet below the concrete floor in the Portion of the Property, including, without implied limitation, activities and uses related to office work, general building and ground maintenance, parking of vehicles and foot (ii) Activities and uses that involve direct contact,disturbance, excavation or removal of impacted soils presently located at a depth of 0 to 12 feet below the concrete floor in the Portion of the Property provided that (a) such activities or uses are conducted in accordance with the Soil Management Procedures pursuant to 310 CMR 40.0030 and with all applicable worker health and safety practices pursuant to 310 CMR 40.0018 and(b)the concrete floor is restored to its pre-excavation condition; (iii)Such other activities or 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; and (iv) 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 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: CO Activities and uses which cause direct contact with, disturbance or relocation of the impacted soil located at a depth of 0 to 12 feet below the concrete floor in the Portion of the Property, with the exception of excavation work associated with short term utility or construction work as may be deemed necessary within the Portion of the Property and conducted in accordance with the permitted procedures and practices as referenced above; and (ii) Use within the Portion of the Property for single-family residential, child care, agricultural, institutional (with a residential or child care component), educational (for children under 18 years age) and recreational or as a playground for children. 3.Ob1i ations and Conditions Set Forth in the AUL Opinion. If applicablebliga obligations r conditions to be undertaken and/or maintained at the Portion of hellPtoperythemlintain a condition of No Significant Risk as set forth in the AUL Opinion 367.5404- Bk: 09332 Pg: 300 (i)Within the Portion of the Property, maintain the existing grade to prevent accessibility to impacted soils located at 0 to 12 feet below the ground surface unless such activities are conducted in accordance with a Soil Management Plan described in the following paragraph; and (ii) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb the impacted soil at a depth of 0 to 12 feet below the concrete floor in the Portion of the Property. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport and disposal procedures to ensure that workers and receptors are not exposed to the residual soil impacts in the Portion of the Property. On-site workers must be informed of the requirements of the Soil Management Plan, and the plan must be available on-site during throughout the course of the project. 4. Pr sed Chan es in Activities an d 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 10 welfare or the ose proposed will present a significant risk of harm to health, safety, public 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 cottmtenced. 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 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 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 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). Bk: 09332 Pg: 301 WITNESS the execution hereof under seal this i day of November 2007. Burlington, ss Owner: Pro Corporation -PMC Debtosh Chakrabarti STATE OF NEW JERSEY On this t cl day of November 2007,before me,the undersigned notary public,personally appeared Debtosh Chakrabarti, proved to me through satisfactory evidence of identification, which was NT Vrmer4 ticnnr r/ , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as Pry for Pro Corporation - PMC , a corporation. Notary Public: My Commission Expires: Bk: 09332 Pg: 302 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use ,imitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice f Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation )pinion. )ate: By: suear: November 2 , 2007 Name , • •. Title:D .' tor, • . . COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss On this 1te day of November 2007, before me, the undersigned notary public, personally appeared Jeffrey L. Arps, proved to me through satisfactory evidence of identification, which was Massachusetts license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily if its stated purpose. A..... Upon recording, return to: Mr. Robert Jones, Esq. PMC Group, Inc. 1288 Route 73 S Mt. Laurel, NJ 08054 Notary My Commission Expires: GREGORY M.SCHMIDT,Notary Public Commonwealth of Massachusetts My Commission Expires Nov.18,2012 Bk:09332 Pg: 303 EXHIBIT A Property Metes and Bounds Description Pro Corporation-PMC 296 Nonotuck Street Northampton,Massachusetts November 2007 That certain tract or parcel of land owned by Pro Corporation - PMC and located on the Southwesterly line of public way known as Nonotuck Street and the Northwesterly line of Bliss Street, Northampton, Hampshire County, Massachusetts and more particularly bounded and described as follows: Beginning at an iron pipe set on said Southwesterly same Nonotuck Street at t Northerly corner or formerly of the Massachusetts Electric Company, being the the parcel hereby conveyed, and thence running S 55° 52' 00" E a distance of 85.05 feet to an iron pipe; thence running S 53° 38' 17" E a distance of 227.44 feet to a point on the face of a building; thence running S 69° 53' 10" E a distance of 235.11 feet to an iron pipe; thence running N 86° 04' 07" E a distance of 133.70 feet to an iron pipe; thence running Southeasterly following the are of a curve to the right, having a radius of 100.00 feet, an arc length of 31.54 feet to an iron pipe; thence running Southeasterly following the arc of a curve to the right, having a radius of 45.00 feet, an arc length of 26.43 feet to an iron pipe set on said Northwesterly line of Bliss Street (the last six courses and distances being along said Southwesterly line of Nonotuck Street); thence running, S 05° 30' 43" W along said Southwesterly line of Bliss Street 235 feet, more or less, to a point on the Northerly bank of the Mill River at land now or formerly of the Belding Heminway Company, Inc.; thence running Southwesterly, Westerly and Northwesterly along said Northerly bank of the Mill River and partly along a stone retaining wall 865 feet, more or less, to a point at an inside corner of said stone retaining wall; thence running S 31° 25' 00" W along said stone retaining wall and along the Southeasterly face of a stone dam 145.00 feet to a point; thence running S 58° 35' 00" E along the Southerly bank of said Mill River 15.00 feet to a point at land now or formerly of the Massachusetts Electric Company (the last three courses and distances being along said land now or formerly of the Belding Heminway Company, Inc.); thence running S 31°25' 00" W a distance of 30.00 feet to a point; thence running N 58° 35' 00" W a distance of 36.00 feet to a point; bank of running thence 0 the Mill River at said land ow or formerly of the Belding Heminway Company, Inc.(the last Bk: 09332 Pg: 304 three courses and distances being along said land now or formerly of the Massachussetts Electric Company); thence running S 58° 35' 00" E along said Southerly bank of the Mill River 15.00 feet to a point on the Northwesterly face of said stone dam; thence running N 31° 25' 00" E along said Northwesterly face of a stone dam 145 00 feet to a point on the face of said stone retaining wall; thence running N 57° 46' 00" W along said stone retaining wall 68.00 feet to an iron pipe at said land now or formerly of the Massachusetts Electric Company (the last three courses and distances being along said land now or formerly of the Belding Heminway Company Inc). thence running N 26° 17' 42" E along said land now or formerly of the Massachusetts Electric Company 69.93 feet to the iron pipe set at the place of beginning. Containing 3.83 acres of land, more of less. The above described property is shown on a plan prepared by Almer Huntley, Jr. & Associates, Inc., Northampton, Massachusetts and dated October 16, 1980, titled "Plan of Land In Northampton, Massachusetts Surveyed For Vistron Corporation," recorded in Hampshire County Registry of Deeds in Plan Book 147, Page 10, BEING the same premises conveyed to Pro Corporation—PMC by deed recorded with the Hampshire County Registry of Deeds in Book 5226,Page 306. I:N\NO465\AUL,RAO\F.xhtbit A.doc 2 Bk: 09332 P9: 305 OJT A-1 Activity and Use Limitation Metes and Bounds Description Pro Corporation=YA4C 296Nonotack Street Northampton,Maseerltuatta November i5,2007 Commencing at a point in the southerly sideline of Nonotuck Street at the northeast corner of of the parcel as desci bed in Exhibit A. and shown on a plan b the Hampsh�-CwWm5y1R 't of Deeds,Plan Book 147, Page 10: thence turning and �g along a tie-coarse 51'a 1ng the W, 35'of the pain Street b gi sing located nt� corner of Ore Activity and Use W; 35' to � point of beginning Limitation area: theme.S 16°22 W a distance of 150'to a poit: thence,N 72°-53'W a distance of 162'to a point•, thence,N 17°-071E a distance of 150'to a point: thence,S 72°-53'E a distance of 160'to the point of beginning. And containing 24,152 square feet of Activity and Use Limitation area_ And shown on a Plan sheet entitled °Activity and Use 1° I oln. Pro Corporation PMC, 296 ed Street, o November 2007 scale =40' a�preparrod y Tighe& of Westfield,Massachusetts. m,AMA tacit Ater F:WOJemVaTD/sTa�nU` N \ R \ &e \R Navq�C{- rs`M S� \ °err ® °25.-07 I / 25. r+• \ I / x AUL POMPON CIF e0s re'Aar.?�• Ivey p_r� ������1�1 11 PROPERTY `v es J� ree Si a2g_i_ror an 173...d7 1 ,P_� CA tO 4\ r S$ 8-6,111E-4 O o-10)/ ••2000 na_r. e `� Lam•`w -%. ° ! "A ie'a •s,rr0 ! v 1FGFNG `� F Q ATC MONITORING NEtI. `.\ Lit, 5.0-r ®�a ® H,° G ATC SOIL BORING ir,r ISI J W \ ps_r N 0 ATC REMEDIATION WELL. DISPOSAL SITE .� py � BOUNDARY Ip 0 TIGHE • BOND MONITORING WELL `\ ® R1N 1_10060 err / O IS ❑GHE & BOND SOIL GORING o-sr• EgHpITB OI 110.1E & BOND RECOVERY SUMP / e QiQ '� / ® 1EMPORARY WELL .g. _ / • ECS MONITORING WELL PRPoCORPOMKIOS NPMC ® ECS SOIL BORING 0.OREHCE MPBSACHUSms Piiiiii % COLUMNS + SOIL GAS SAMPLE .r.rr.wn.ux • INDOOR NR SAMPLE Bk: 09332 P9:307 Exhibit C -Notice of Activi and Use Limitation Activity and Use Limitation Opinion for Site Number 1-16060 (296 Nonotuck Street, Northampton, Massachusetts)Pursuant to 310 CMR 40.1074(1)(b). Achievement and Maintenance of No S associated Risk Petroleum hydrocarbons and PCBs associated with an historic release of hydraulic t fluid are present in site soils. A Method 3 risk characterization was conducted ri at the site. Based on the findings of the risk characterization, an AUL is being implemented for the site to eliminate certain exposure potentials and site risk. With the implementation of the AUL, a condition of No Significant Risk exists for the site. Construction, maintenance and repair activities will be required to be in compliance with the Soil Management Procedures and Worker Health and Safety Practices pursuant to 310 CMR 40.0030 and 40.0018. 1, Permitted Activities and Uses Set Forth in the AUL • union. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environments exists for anoy the foreseeable period of and(pursuant to 310 CMR 40.0000) uses occur on the Portion of the Property (i) Activities and uses which do not result in 0 direct 12 feet tlow disturbance of impacted soils located at a depth including, without the concrete floor in the Portion of the Property, office work, implied limitation, activities and uses related to general eva vehicles and work, general building and ground maintenance, parking traffic; (u) Activities and uses that involve direct contact, disturbance, excavation or removal of impacted soils presently located at a depth of 0 to 12 feet below the concrete floor in the Portion oft thePro�ty provided that (a) such activities or uses are conduccted CMR 40.0030 with the Soil Management Procedures pursuant radices pursuant to and with all applicable worker concrete safety practices restored to s pre- 310 CMR 40.0018 and @) the excavation condition; (iii) Such other activities or 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; and (iv) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. Bk: 09332 Pg: 308 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 which cause direct contact with, disturbance or relocation of the impacted soil located at a depth of 0 to 12 feet below the concrete floor in the Portion of the Property, with the exception of excavation work associated with short term utility or construction work as may be deemed necessary within the Portion of the Property and conducted in accordance with the permitted procedures and practice standards as referenced above. and (ii) Use within the Portion of the Property for single-family residential, child care, agricultural, institutional (with a residential or child care component), educational (for children under 18 years age) and recreational or as a playground for children. 3. Obli:ations and Conditions Set Forth in the AUL • 'inion. 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) Within the Portion of the Property, maintain the existing grade to prevent acrrssibility to impacted soils located at 0 to 12 feet below the ground surface unless such activities are conducted in accordance with a Soil Management Plan described in the following paragraph; and (ii) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb the impacted soil at a depth of 0 to 12 feet below the concrete Plan should floor in the Portion of the Property. The Soil Management appropriate soil excavation, handling, storage, transport and disposal procedures to ensure that workers and receptors are not exposed to the residual soil impacts in the Portion of the Property. On-site workers must be informed of the requirements of throughout Soil oM the course nt Plan, and the plan must be available on-site during g1t of the project. Bk: 09332 Pg: 309 LSP Certification LSP assuming responsibility for Activity and Use Limitation Statement: Jeffrey L. Arps, LSP 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)0a). dfiP Si ii attire. Date: License Number: 4589 JAN arw46S AULaAOU:xHIBrrc.Doc Bk: 09332 Pg: 310 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) DISPOSAL Sf rE L OCATIOR Pro Corporation-PMC 1. Disposal Site Name: 296 Nonotuck Street 2. Street Address: Northampton 3. City/Town: BWSC113A Release Tracking Number a 4. ZIP Coda: 01062-2645 116060 1 8.THIS FORM IS BEING USED TO: (check one) 10 1. Provide the LSP Opinion for a Notice of Activity and Use Limiletion.pursuent to 310 CUR 40.1074. 2. Provide the 0 Adion Outcome Sateen nt,pursuant to 3 0 CMR Changes 080. Include DWSC SAA e'en attachment 10 BWS�C113..S Section A Sib Conditions and C do not need to be completed. 0 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 fora Partial Termination of a Notice of Activity and Use MMtetion.pursued to 310 CMR 40.1083(3). • 5. Provide the LSP Opinion fora Termination of a Notice of Activity and Use.tJMtaton•pursuant to 310 CMR • 40.1083(18d) O 8. Provide the LSP Opinion for a Grad of Environmental Restriction,pursuant to 310 CMR 40.1071. O 7. Provide the LSP Opinion for an Amendment of a Grantof Errvkornedal Restriction.pursuant to 310 CMR 40.1081(3), O 8. Provide the LSP Opinion for a Partial Rdeaae of a Grant of Environmental Restriction.pursuant to 310 OMR 40.1083(2). Q g. Provide the LSP Opinion for a Release of a Grant of Envlruarwnitl Restriction,pursuant to 310 CMR 40.1063(1)(C). O 10. Provide the LSP Opinion for a Confirmatory Activity and Use Lhdtation.pursuant to 310 CMR 40.1085(4). (Unless stamped. igs nedOwi with black Ink and attached as n eahbit to 1M AUULSIDocument tobe recorded andlor registered with the Registry of Deeds andlor Land Reglstratkm Office.) AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? ® a. No I] b. Yes If yes.then fill out address section below. . Street Mdresc 3. City/Town: 4. MP Code: Page 1012 Revised:06272003 Bk:09332 Pg: 311 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup ACTIVITY&USE LIMITATION(AUL)OPINION FORM Punuam to 310 CMR 40.1055& 40.1070-40.1084(Subpart J) BWSC•113A Release Tracklrq Number 6060 D. LSP SIGNATURE AND STAMP: I attest under the pabrs and pewWes of perjury Mat 1 have personally examined and dam familiar I )dimes transmittal based upon application including any and all care 309 CMR accompan)ting)thSaINNtlaI. Iprovpmt 0)the standard of care In 309 CMR 4.02(1).(d)0le appgwbie provisions of 309 CMR 4.02(2)and(3),and 309 CMR4,03(2),en (a)the provisions of 309 CMR 4.03(3).to the be of my knowledge,Information and belief. n Use has Mat a Notice ofAntMband Use dhmitation is being registered ender recorded,the Activity e mSectiotr S Medics provided In accordance OM the applicable provisions of M.G.L.a 21E lid MR 40.0000 Dan 01)this submittal 310 CMR n 310 CMR 40.0000 an 09 conrWad with o 310 CMR In Land Unr/AcIMIMS end/or SRs Conditions after Response Action gcomeSsMdwt Is Reefgnubntte . is Changes of Outcome Syserrrwlis being wDndtled,this evaluation was developed In accordance with the applicable provisions of M.G.L.a. 21E and 310 CMR 40.0000 and 01)complies with 310 CMR 40.1080; NSection a Indeates Net gnaw/ended Notice of Activity and Use Limitation or Amendment fo aGard of Environmental Reefdcfo^Is being registered andror recorded,the ActMtY ane-Use limitation that Is the subject of this submittal(pis being with provided In accordance with the applicable provisions of M.G.L.0.21E and 310 CMR 40.0000 and(1 complies wa40��68 W Restriction is being,99181eredandrorrecorded.t1eAL Mbd and Use Limitation that a mon 9 Indicates ghat a Teniik lOn or a Partial Termlrlition or a Notice of rd ofM.GLaon, en 3e0CMft or sthe sRelease oh Grant tal0) being the subject of this submittal 0)b be1nB Provided to accemartce wiUtha apdiwDb D�•Eb 0.0000 and(10 complies with 310 CMR 401083' dal ResOfctiOr@DeLq registered eayprracordetl,the Activity and Use pStion a is the et of thssumit al(I)Dn provided applicable provisions of M.G.L.c.21E being Limitation 31i0nIlan 40.000 subject n el this submittal 310 CMR 40.1071;In accordance with the epd ,. 310 840ICate and(a)tong' stern and/or recorded the Activity and Use > 'Medan aUOO 8 Is the su jt of Confirmatory submittal(I) being provided Ied in accordance nce with �n3 of M.G.L.a 21E Llndte00^that Is the subject of this suDmitlai(1)k belrq prpvMed in aaadarae wtlhthe applicable prove nd 310 ChM 40.0000 and 01)complies with 310 CMR40.1085(4); possible fines and imprisonment,if submit am aware that significant penalties may result.including,but not Need to, information which 1 know to be false,Inaccurate or materially incomplete. 1. LSP 0: 4589 Jeffrey 2. First Name: 3. Lest Name: . Telephone: (413) 5723227 Fed; _- a FA%: (413)588-9764 v 7. Slgnatum: 9. LSP Stamp: Revised:08/27(2003 8. Date: -- �Yt" 7 n(h3Nrk�It&(318'PIL'H ATTEST: 6 $'M ART WNW 11,,.-DoNO$1 mrYdayyyy Page 2 of 2 Bk: 09332 Pg: 312 CLERK'S CERTIFICATE Bk:9332Pg:912 Pep:1 oI 1 Raoordsd: 1128/2007 09:35 AM The undersigned hereby certifies that he is the duly elected and acting clerk of Pro Corporation-PMC(the"Corporation") and further certifies as follows: 1. Debtosh Chakrabarti is the duly elected and acting President of the Corporation; 2. Debtosh Chakrabarti is authorized to execute documents on behalf of the Corporation and to act on behalf of the Corporation regarding all matters affecting real estate owned by the Corporation,including,without limitation a Notice of Activity and Use Limitation on Form 1075 dated November 19,2007 (the"Activity and Use Limitation"); 3. The signature appearing on the Activity and Use Limitation with respect to the property located at 296 Nonotuck Street,Northampton,Massachusetts,is the genuine signature of Debtosh Chakrabarti;and 4. This certificate is delivered pursuant to 310 CMR 40.1074(2x0). IN WITNESS WHEREOF, the undersigned has executed this Certificate as of this day of November,2007. STATE OF NEW JERSEY Burlington, ss. On thisa day of November,2007,before me,the undersigned notary public,personally appeared noted jn c ,proved to me through satisfactory evidence of identification, which was 4/5 Dr.vn.rr /rancid/ ,to be the person whose name is signed on the preceding document,and acknowledged to me that he/she signed it voluntarily as clerk for Pro Corporation —PMC,a corporation for its stated purpose. • ROSALWRR OVUMA IIOTMRYIPp U JERSEY ConsMesb%WO)12/8/2011 ,Notary Public My commission expires: 1517261369479.1 ATRBBT:RAYPBBiRB, "R'M oNh ---RBOIBTBR EIARTANNB L. DONORUB The foregoing is a true copy o." the record In Hook 9_ 332, Page___ILA, of the Darapetdre County Registry of Deeds Daces� ✓e 4€1 c ?_•----- ATTEST: ThaftlaaWGig REEGICTER