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24-26 CONGRESS STREET - BUILDING JACKET %� � 02 y-o16 �� r�ss tS'��e� � X34 �SSex S-►' t �Ic CR.aSS Re�e2inc� UPC 10333 3 No. 153L-3 HASTINGS, MN Certificate No: 12-12 Building Permit No.: 1032-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the Restaurant located at ------- - ------ --- Dwelling Type 0024 CONGRESS STREET in the CITY OF SALEM - ------- ------ ----- - - ----- ------- - ---- ---- -- - ........ - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY GRAPEVINE This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires ........_ _- ---------_-_unless sooner suspended orrevoked. Expiration Date Issued On: Fri Dec 7,2012 - -.. - -- - - ----------- GeoTMS®2012 Des Launers Municipal Solutions,Inc. -----------------"-""""".""."" ______-"""""""-"--" -"--"---- COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT BOB DURAND Governor _ Secretary s y 1 rppnry LAUREN A.LISS PIAN 3 2002 Commissioner Donald Clark and Timothy Clark Re: Salem—24-26 Congress Street P.O. Box 677 RTN 3-2084 Salem,MA 01970 g11s(_Aetion'Outcome Activilyy-and-Use-tiffltation Interim Deadline RAO SCREENING REVIEW AUL SUMMARY COMPLIANCE REVIEW Dear Mr. Clark: On November 10, 1997, the Department of Environmental Protection (the Department) received a Class A-3 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL) for the above-referenced site. On August 5, 1998,the Legislature enacted the`Brownfields Act" which called on the Department to conduct a targeted audit of all sites at which AULs have been implemented in order to ensure that these actions are meeting the requirements of Massachusetts' laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts-Contingency-Plan-(MCP).The Department's audit of this site consisted of an -- — RAO Screening Review and an AUL Summary Compliance Review. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of, the Department's checklists are available on the Internet at http://www.state.ma.us/dep/bwsc/audits.htm. The Department is not directing you to undertake further response actions at this time. Please note, however, that the review conducted by the Department was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. This Information Is available to alternate format by calling our ADA Coordinator.at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 r Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 Printed an Recycled Paper Salem,RTN 3-2084 2 i, The Department notes that the RAO-P submitted for RTN 3-2084 applies to 24-26 Congress Street, whereas the notification was for 24-26 Congress Street and 281 Derby Street. Therefore, the site appears to be in noncompliance with the deadlines for response actions in the MCP. Within 60 days of the date of this letter, please provide the Department with information concerning the remaining parcels that comprise the disposal site. This is an enforceable interim Deadline issued pursuant to M.G.L. c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. Additional response actions required by this letter may be subject to shorter or longer deadlines. AUL SUMMARY COMPLIANCE REVIEW Chapter 206 of the Acts of 1998 (The Brownfields Act) requires that the Department conduct an audit of all sites with AULs. In carrying out this mandate, the Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this AUL Summary Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the Department has identified errors in the AUL that requires correction. Specifically: • The AUL does not adequately define what uses and activities are permitted at the site, what uses and activities are restricted, or what obligations and conditions must be maintained at the site. (a) The AUL inappropriately permits residential use, which is not supported by the Method 1 risk characterization conducted for the site. Under Method 1, future residential use, school and day care uses, and other similar uses that may involve high frequency, high intensity activities by children, must be restricted with an AUL when contamination remaining in soil exceeds the Method 1, S-1 soil standards. Therefore, the subject AUL must be corrected to resolve this error. -- -- — (b) The AUL requires maintenance of paving, without delineating the boundaries of the paved areas... To-assist with-compliance of the obligations of the AUL, the sketch plan -- -- must delineate the area that must be covered by pavement to maintain a condition of No Significant Risk. The language describing the obligation to maintain the pavement must refer to the sketch plan showing the delineated area (i.e. maintain the pavement in the area identified on the attached sketch plan). Alternatively, the AUL may state that the entire AUL area is paved. To correct these errors, an Amendment and Ratification of Notice of Activity and Use Limitation must be implemented within 180 days of the date of this Notice, using the enclosed form and instructions. The revised sketch plan may be attached as Exhibit C to the Amendment and Ratification Form. Please note that the AUL Opinion must be prepared and attached to the Amendment and Ratification Form using Form 114S. Alternatively, you may submit a new RAO Statement within 180 days of the date of this Notice, documenting the achievement of a Class A-1, A-2, or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L. Salem,RTN 3-2084 3 c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. The Department has prepared forms and detailed instructions for implementing the required AUL corrections. Copies of the forms and instructions are attached, and are available on the Department's AUL Audit Project web page, httn://www.state.ma.us./deo/bwsc/files/audits/ aulfix.htm. This web page will be updated periodically to address any commonly asked questions that arise as a result of AUL audits. The Department is also offering several training workshops in the next few months. The Department recommends that you (and/or the Licensed Site Professional (LSP)/attorney preparing your AUL corrections) attend one of these workshops if you have questions on how to proceed. The training schedule is also available on the Department's AUL Audit Project web page. To obtain a schedule and/or register for the workshops, contact Thomas Potter, DEP's Statewide Audit Coordinator at(617) 292-5628. POST AUDIT COMPLETION STATEMENT REQUIRED When the AUL Errors are corrected, you should submit to the Department (attention: BWSC Audit Section) a Post-Audit Completion Statement in accordance with 310 CMR 40.1170, a, copy of which is attached. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Stephen B. Ransom, LSP #4601, the LSP-of-Record for the Disposal site. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening review conducted by the Department on the RAO was not a -- comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time-in the-future.—It-is possible-that a future-comprehensive audit,if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c. 21E, 310 CMR 40.0000,or any other laws,regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or.requirements. The Department retains authority to take or arrange,or to require any Responsible Party or Potentially f Salem,RTN 3-2084 4 Responsible Party to perform any response action authorized by M.G.L. c. 21E, which the Department deems necessary to protect health, safety,public welfare, or the environment. Sincerely, -a W Ai4� Patricia M. Donahue Chief, Audit Section Bureau of Waste Site Cleanup Filename:ED P:\AUL Letters\scnof3-2084.doc Scnoafv6_[05_3l_0l] Attachments: Audit Follow-Up Plan Transmittal Form&Post-Audit Completion Statement(BWSC-111) AUL Amendment and Ratification Form and Instructions Activity&Use Limitation (AUL) Opinion Form (BWSC-114S) cc: Salem Mayor's Office Salem Board of Health Salem Zoning Code Enforcement Official Salem Building Inspector Stephen B. Ransom, LSP-of-Record(LSP#4601), Ransom Environmental Consultants, Inc.;Brown's Wharf,Newburyport,MA 01950 - —— -- Thomas M. Potter,Audit Coordinator,DEP-Boston NERU/Data Entry/IM/TSAUD � �� O -lam Som COPY Consulting Engineering Environmental Hydrogeology C/onsultants, Inc. Applied Sciences l� November 20, 1997 Project 971070 The Honorable Neil J. Harrington Mayor 93 Washington Street Salem, Massachusetts 01970 RE: Response Action Outcome (RAO) Statement and Activity and Use Limitation(AUL) Opinion 24-26 Congress Street Salem, Massachusetts MA DEP Release Tracking Number 3-2084 Dear Mayor Harrington: In accordance with the Massachusetts Contingency Plan (MCP), Ransom Environmental Consultants, Inc. (Ransom) has submitted a Response Action Outcome (RAO) Statement to the Massachusetts Department of Environmental Protection (MA DEP) for the above-referenced site. The MCP requires that the local chief municipal officer and board of health be notified when an RAO Statement has been prepared for a disposal site. In support of the RAO, an Activity and Use Limitation (AUL) was recorded to maintain a condition of "No Significant Risk" at the property. The MCP also requires that the local chief municipal officer, board of health, zoning official, and building code enforcement official be provided with a copy of the recorded AUL. As such, a copy of the recorded AUL is attached. Based on the results of a Phase II investigation as presented in the Phase II Comprehensive Site Assessment Report, dated November 6, 1997, it is Ransom's opinion that a condition of "No Significant Risk" of harm to human health, safety, public welfare, and the environment exists at this property. Site conditions, as determined by Ransom, meet the requirements for attaining a Class A-3 RAO. The RAO Statement was submitted to the MA DEP on November 6, 1997, and is available for public viewing at the MA DEP's Northeast Regional Office located at 10 Commerce Way in Woburn, Massachusetts. MA DEP files are open for public viewing by appointment only. You may contact the MA DEP Northeast Regional Office at (617) 932-7600 for more information on reviewing MA DEP files. A copy of the legal notice for the AUL to be published in the Salem Evening News on November 26, 1997, is enclosed. Brown's Wharf 56 Court Street 1273 Bound Brook Road,Suite 13 120 Shea Lane Newburyport,MA 01950 Bristol,RI 02809 Middlesex, NI 08846-1490 Glenmoore,PA 19343 Tel (508)465.1822 Tel (401)254-5070 Tel (908)356-6655 Tel (610)458-7628 Fax(508)465-2986 Fax(401)253-9508 Fax(908)356-4898 - Fax(610)458-7629 J � The Honorable Neil J. Harrington Mayor, City of Salem If you have any questions regarding the Site or the attached documents, please do not hesitate to call. Sincerely, RANSOM ENVIRONMENTAL CONSULTANTS, INC. s W. Scott Hoppe Project Geologist Y J. egional ector, Ne England WSH/TJS:sh Enclosure cc: Salem Board of Health <Salem Zoning-Officer? Salem Building Inspector Massachusetts Department of Environmental Protection, Northeast Regional Office Tim Clarke, Clarke Brothers, Inc. Ransom Project 971070 Page 2 phase2\cmo.not November 20, 1997 (FORM N8) NOTICE OF AN ACTIVITY AND USE LIMITATION NO. 2 FUEL OIL RELEASE 24-26 CONGRESS STREET SALEM, MASSACHUSETTS RELEASE TRACKING NUMBER 3-2084 Pursuant to the Massachusetts Contingency Plan(3 10 CMR 40.1073), a Notice of Activity and Use Limitation on the above disposal site has been recorded/registered with the Essex Registry of Deeds on November 3, 1997. The Notice of Activity and Use Limitation will limit the following site activities and uses on the above property: 1. Removal of the asphalt pavement at the portion of the Site identified as the AUL area; and 2. Excavation or digging below the asphalt pavement at the portion of the Site identified as the AUL area unless such activities are performed in accordance with a health and safety plan approved by a Licensed Site Professional (LSP). Any person interested in obtaining additional information or reviewing the Notice of Activity and Use Limitation and the disposal site file may contact Stephen B. Ransom, LSP, President, Ransom Environmental, Inc., Brown's Wharf, Newburyport, Massachusetts 01950; at (508) 465-1822. 971070\phase2\au1-1ega.not Massachusetts Department of Environmental Protection BWSC-113 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM �•- zoe4 Pursuant to 310 CMR 40.1056 and 40.1070-40.1084(Subpart J) A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: - - .- Disposal Site Name: 281 Derby Street and 24-26 Congress Street Street: 24-26 Congress Street Location Aid: Cityrrown: Salem - ZIP Code: 01970 Address of property subject to AUL,if different than above. Street: Chyrrown: .. .. - -- ZIP Code: O Check here if this Disposal Site is Tier Classified. _ If the Disposal Site subject to the AUL is also subject to a Ter I Permit,provide the Permit Number. Related Release Tracking Numbers affected by_this AUL: B. THIS FORM IS BEING USED TO: (check one) QX Submit a certified copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). Submit a certified copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) - (complete all sections of this form). Submit a certified copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) . (complete all sections of this form). Submit a certified copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form)... Submit a certified copy of an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). Submit a certified copy of a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form). You must attach all supporting documentation for the use of form indicated,Including copies of any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400. C. AUL INFORMATION: Date AUL was recorded and/or registered with Registry of Deeds and/or Land Registration Office: Name of Registry of Deeds and/or Land Registration Office where AUL was recorded and/or registered: Book and Page Number and/or Document Number of recorded and/or registered AUL: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: Name of Organization: Donald J. Clarke Name of Contact: Donald J. Clarke Title: Owner Street: P.O. Box 677 Chyrrown: Salem State: MA ZIP Code: 01970 Telephone: (978) 745-1007 Eel.: FAX:(optlonan (978) 745-4309 E..OWNER OF PROPERTY, IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: Provide a mailing address for the owner of the property If that person is not submitting the AUL Transmittal Form. Provide addresses for additional owners on an attachment. Name of Organization: Name of Contact: Title: Street: Chyrrown: Slate: ZIP Code: Telephone: Fel: FAX:(optional) Revised 516/95 Do Not Mer This Form Page 11 of 2 Massachusetts Department of Environmental Protection . BWSC-113 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Pursuant to 310 CMR 40.1056 and.4.0.1070-40.1084(Subpart J) -' 2084 F. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) QX RP or PRP Specify. (D Owner O Operator 0- Generator O Transporter Other RP or PRP: f"I Fidudiary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21E.s.2) Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50)) Any Other Person Submitting AUL Specify Relationship: G. CERTIFICATION OF PERSON SUBMITTING AUL TRANSMITTAL FORM: I• ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar wah the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my Inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and(iii)that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. tithe person or entity on whose behalf this submittal is made amts aware that there are significant penalties,Including, but not limited to,possible fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. By: D,ets..-t.,[. .K��.�-c.- - TRIe:- © eu n e ' (signature) For, 04-AIL Dale: (print name of person or entity recorded in Section D) Enter address of person providing certification,If different from address recorded in Section D: Street: CitylTown: - - Slate: ' ZIP Code: Telephone: Ext.: - FAX:(optional) YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAYBE PENALIZED FOR MISSING1. A REQUIRED DEADLINE,AND YOU-MAY INCUR ADDITIONAL COMPLIANCE FEES. Revised 51895 Do Not After This Form Page 2 of 2 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION x, Form 1075 J_ NOTICE OF ACTIVITY AND USE LTMTTATTON M.G.L. c. 21E, §6 and 310 CMR 40.0000 -- - &PLAN !1/03/97 12:02 hIs+- 260 - =- Disposal Site Name: 24-26 Congress Street t - - � •. 1 4n. F , 49 ' - - - DEP Release Tracking No(s):3-2084 ---_- This Notice of Activity and Use Limitation("Notice") is made as of this 29th day of October, 1997, by Donald J.Clarke,P.O.Box 677,Salem,Massachusetts,together with his successors and assigns (collectively "Owner").. . WITNESSETH: WHEREAS,Donald J. Clarke, of Salem, Essex County, Massachusetts is the owner in fee simple of that certain parcel of land located in Salem,Essex County, Massachusetts, with the buildings and improvements thereon("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 and/or registered herewith; WHEREAS, a portion of the Property ("Portion of the Property') is more specifically subject to this Notice of Activity and Use Limitation. This portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. This portion is shown on a plan to he recorded/registered herewith; 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(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 a 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 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 October 29, 1997, (which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time(pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) All activities and uses other than those set forth in the following item; and (ii) Construction-related activities(utility service,etc.)that involve removal of pavement and digging of soil,as long as such activities are performed in accordance with the MCP and a condition of No Significant Risk is maintained;and 1 Gr x 6 ) (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. G�'crni 7/28/95 310 CMR-1704 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION-'� -- .. Form 1075: continued - - - 2. Activities and Uses Inconsistent with the AUL Opinion. Activities arid 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: - (1) Removal of the asphalt pavement at the Portion of the Propertyidentified in Exhibit A-1; and (ii) Excavation or digging below the asphalt pavement at the Portion of the Property identified in Exhibit A-1. 3. Obligations and Conditions Set Forth in the AUT.Wnion, 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) Maintain the asphalt pavement in good condition at the Portion of the Property identified in Exhibit A-1; and -- (ii) Should excavation and digging of soils below the asphalt pavement be required, such work will be performed in accordance with MCP criteria. These obligations typically require notification to MA DEP prior to performing the work and status or completion reports. The MCP should be reviewed to verify current requirements and the need for an LSP to oversee the work. 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 s 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 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 to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. 7nRi4c 910 CMR -1705 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION _ Form 1075: continued 3 _ _ WITNESS the execution hereof under sea]this day of %✓F l� 19 - Owner 417 COMMONWEALTH OF MASSACHUSETTS S Six ss /%,V 3 ' 199 ) Then personally appeared the above named Donald J. Clarke and acknowledged the foregoing to be his free act and deed before me, i N terry Public; y Commission Expires: 1, 7 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 with the terms set forth in said Activity and Use Limitation inio Date: [LSP SEAL]—`. COMMONWEALTH OF MASSACHUSETTS :,':'. „y SSpjC ss Then personally appeared the above named Stephen B. Ransom and acknowledged the foregoing to be his free act and deed before me, Notary Pu;lic I ' My Commission Expires: r7 t S aG03 Upon recording, remm to: Donald J. Clarke P.O. Box 677 Salem, MA 01970 7/28/95 110 CMR-1706 LEGAL DESCRIPTION OF PROPERTY The property beginning at a point on the Westerly side of Congress Street about 174 feet Southerly from the comer of Congress and Derby Streets; thence running: SOUTHERLY by Congress Street 147.16 feet to South River; thence I WESTERLY by South River 105.49 feet to land now or formerly of Ahny, Bigelow and Washburn, or others; thence NORTHERLY by land last mentioned 147.16 feet; thence EASTERLY by land now or formerly of Jenney Mfg. Co. 159.49 feet to the point of beginning,containing 15,523 square feet, more or less. LEGAL DESCRIPTION OF LAND SUBJECT TO ACTIVITY AND USE LE IITATION A portion of the land situated on the westerly side of Congress Street in Salem,Essex County, Massachusetts,shown as Lot#1 on"Plan of Land,Jenney MFG. Co., Congress&Derby Sts., Salem, Mass." recorded in Essex South Registry of Deeds as plan 269 of 1946,which portion is subject to an activity and use limitation bounded and described as follows: Beginning at a point twenty nine and ninety three hundredths(29.93)feet easterly and two and no hundredths(2.00)feet southerly of the northwesterly comer of said Lot#1,thence running; S 8d'28-22"E a distance of twenty eight and no hundredths(28.00)feet to a point, thence turning and running; S 09' 31'38" W a distance of fifty three and no hundredths(53.00)feet to a point, thence turning and running, N 80`28'22" W a distance of twenty eight and no hundredths(28.00)feet to a point, thence turning and running, N 09°31'38"E a distance of fifty three and no hundredths(53.00)feet to the point of beginning. The portion of said Lot 41 which is subject to an activity and use limitation is shown as"AUL AREA"on a plan entitled"Plan of Land Showing Activity and Use Limitation(AUL)Area,24 Congress Street, Salem,Massachusetts,property of Donald J. Clarke, Scale 1"=20',October 23, 1997,North Shore Survey Corporation,47 Linden Street, Salem,MA". Sail AUL Area contains 1,484 square feet more or less. ----------- -- Np13MWAW 5fO I ° ° x SCALE in FEET 1"=20' X -x_ x-x 281 MY 5TW " IAUL PMNG MA AREA opra i , V M5fA FMtr i 24-26 CONY 55 Siff ' I 1 ' i i 401 roVwou. OF 5"amt PA11O ASA i — R aw= Environmental SKETCH Consultants, Inc. PREPARED FOR: SITE: PLAN DONALD J. CLARKE 24-26 CONGRESS STREET DATE: OCTOBER 1997 SALEM, MASSACHUSETTS SALEM, MASSACHUSETTS PROJECT: 971070 FIGURE: l:\projects\97107004 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup : : BWSC-114 ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Numbei Pursuant to 310 CMR 40.1070-40.1084(Subpart J) ❑3 - 2084 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: _ 281 Derby Street and 2.4-26 Congress Street Street: 24-26 'Congress Street Location Aid: Cityrrown, Salem ZIP Code: 01970 Address of property subject to AUL,if different than above. Street: _ Cityrrown: ZIP Code: B. THIS FORM IS BEING USED TO: (check ane) X❑ Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). ❑ Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form). Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this forth). 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 n the standard of rare in 309 CMR 4.02 1 ,(n)the applicable provisioris of 309 CMR 4.02(2)and(3),and(i)the provisions of 309 CMR 4.03(5),to the best of my knowledge.Information and belief, > if Section B indicates that a Notice of Activityand Use Llmhation is being registered androrrecorded,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.21 E and 310 CMR 40.0000 and(i)complies with 310 CMR 40.1074(1)(b); > if Section B indicates that an Amended Notice ofActivtty and Use Limitation is being regstered 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(i) complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section S indicates that a Termination of Notice ofActivtty and Use LimHatlon 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.21 E and 310 CMR 40.0000 and n complies with 310 CMR 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction is being regstered androrrecorded,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(i)complies with 310 CMR 40.1071(1)(b); > ff Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered androrrecorded,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(It)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/ormcorded,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.e.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083(3)(a). 12M 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. lI Check here if the Response Actions)on which this opinion is based,if any,are(were)subject to any order(s),pertnit(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 After This Form Page 1 of 2 Massachusetts Department of Environmental Protection BWSC-114 -Bureau of-Waste Site Cleanup ACTIVITY USE LIMITATION (AUL) OPINION FORM Release Tracldng Number Pursuant.to 310 CMR 40.1070-40.1084(Subpart J) C. LSP OPINION; ..' (continued) h LSP Name: Step en B:� Ransom LSP iF: 4601 ""..Stamp; - .. Telephone:' (978) 465-1822_. Sid: FAX (978) 465-2986 - LSP 65-2986 -LSP Signature: < Date: YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised Sited Do Not After 7h1s Farm. Pagel of 2 COMMONWEAUH OF MASSACHUSETTS ESSEX REGISTRY OF DEEDS,$O DIST.SALEM MASS ESSEX SS (/ q ,j 18 C 7 ATRU COPYgOFRECORD: C v PAGE-T ATTEST .. _. . . ... ... . . �� GiSTER HANSOM Environmental Consultants,Inc. September 25, 2002 Project 971070 Code Enforcement Salem Building Inspector One Salem Green Salem, Massachusetts 01970 RE: Filing of Amendment and Ratification to Activity and Use Limitation (AUL) 24-26 Congress Street Salem,Massachusetts MA DEP Release Tracking No. 3-2084 To Whom It May Concern: On behalf of Mr. Donald J. Clarke,Ransom Environmental Consultants,Inc. (Ransom)has prepared this letter to inform you that on September 5, 2002, an Amendment and Ratification to Notice of Activity and Use Limitation(AUL), a copy of which is enclosed, was recorded with the Essex County Registry of Deeds in Book 19183,Page 280. The AUL affects a portion of the property located at 24 26 Congress Street, in Salem, Massachusetts. It identifies certain activities and uses which are inconsistent with maintaining a condition of No Significant Risk at the subject property. Such activities and uses are so identified in order to prevent exposures to residual petroleum hydrocarbon contaminated soil at a portion of the subject property. The Amendment and Ratification to the AUL identifies changes in the specific activities and uses which are consistent with maintaining a condition of No Significant Risk and those obligations and conditions necessary to ensure that a condition of No Significant Risk continues to exist at the property for the foreseeable future. This public notification is being provided pursuant to the Massachusetts Contingency Plan, 310 CMR 40.1090 and 310 CMR 40.1403(7)(a). If you have any questions,please contact Stephen B. Ransom, LSP, at(978)465-1822. Sincerely, Stephen B. Ransom Licensed Site Professional AMB/TJS/SBR:sh Enclosure cc: Donald J. Clarke (letter only) MA DEP,Northeast Regional Office(letter only) ■ Brown's Wharf,Newburyport,Massachusetts 01950,Tel(978)465-1822,Fax(978)465-2986 200 High Street,Portland,Maine 04101,Tel(207)772-2891 195 Commerce Way, Portsmouth,New Hampshire 03801,Tel (603)436-1490 9K Princess Road,Lawrenceville,New Jersey 08648,Tel (609)620-0700 1445 Wampanoag Trail,Suite 108A. East Providence, Rhode Island 02915,Tel(401)433-2160 www.ransomenv.com 2002090500151 Bk;19183 Pg,280 09/0512002 09:44:00 OTHER Pa 1/9 AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USE LIMITATION (for amending and ratifying a Notice of Activity and Use Limitation recorded on or before'October 29, 1999) WITNESSETH: This Amendment and Ratification of Notice of Activity and Use Limitation ("Amendment and Ratification")is made as of this 31 day of July, 2002,by South Harbor Holdings, LLC(Donald J. Clarke,Manager) of Salem, Essex County, Massachusetts, together with his/her/its/their successors and assigns (collectively w "Owner"). ro WITNESSETH: m WHEREAS, Owner is the owner in fee simple of a certain parcel of land located in Salem, Essex County, Massachusetts ("Property"), pursuant to a deed recorded with the Essex County Registry of Deeds in Book 6312, v Page 609 ; N N m WHEREAS,the Property comprises a disposal site, or part of a disposal site, as the result of a release of oil ti o, and/or hazardous material ("the Disposal Site"). Response actions have been selected for the Disposal Site in o accordance with M.G.L. c.21E ("Chapter 210) and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("the u MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or H hazardous material in soil and/or groundwater, and/or (b) the restriction of certain activities occurring in, on, I through, over or under the Property or a portion thereof. The Department of Environmental Protection has identified the Disposal Site as Release Tracking Number 3-2084; WHEREAS, on November 3, 1997,Donald J. Clarke filed a Notice of Activity and Use Limitation with the Essex County Registry of Deeds in Book 14409,Page 49 imposing an activity and use limitation on a portion of the cProperty("the Original AUL").The portion of the Property affected by the Original AUL and this Amendment and Ratification is hereinafter referred to as "the AUL Area." The AUL describes activities and uses that are permitted within the AUL Area, and defines obligations and conditions that must be maintained within the AUL Area. The 45 AUL also describes uses and activities which, if carried out within the AUL Area,could result in Significant Risk to health,safety,public welfare or the environment due to potential exposure to residual contamination. ; C11 WHEREAS,the following amendments to the Original AUL are necessary to ensure that a condition of No Significant Risk is maintained at the Disposal Site. NOW,THEREFORE,Owner hereby amends the Original AUL as follows: AUL Opinion The basis of the Original AUL, as amended herein, is an Activity and Use Limitation Opinion ("AUL S Opinion"),prepared by a Licensed Site Professional and attached hereto as Exhibit B. Said AUL Opinion replaces and supercedes any AUL Opinion contained or referenced in the Original AUL. 3 rlf k Site Activities and Uses The following descriptions of Permitted Activities and Uses,Activities and Uses Inconsistent with the AUL Opinion,and Obligations and Conditions replace and su ercede those contained in the OpP P Original AUL. t.!.7 t m 1. Permitted Activities and Uses. A condition of No Significant Risk to health, safety,public welfare or a the environment exists for any foreseeable period of time so long as any of the following activities and uses occur within the AUL Area: i. Activities and/or uses including,but not limited to,vehicular parking,pedestrian and C;i vehicular traffic which do not compromise the structural integrity of the pavement; ii. Commercial activities and/or uses which do not disturb the petroleum hydrocarbon contaminated soil located beneath the asphalt pavement in the AUL area; iii. Construction related excavation associated such as those associated with underground utility service activities, provided that it is conducted with a Soil Management Plan and Health and Safety Plan in accordance with Obligations (3) and (4) of this Opinion; and involves the repair and/or replacement of the asphalt pavement with a comparable barrier immediately following the completion of the project such that a condition of No Significant Risk is maintained;and iv. Such other activities and/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. 2. Activities and Uses Inconsistent with the AUL Opinion. The following activities and uses, if implemented within the AUL Area, may result in a Significant Risk of harm to health, safety, public welfare or the environment: i. Activities and/or uses which may cause physical or chemical deterioration,breakage or structural damage to the asphalt pavement or the removal of the asphalt pavement at the portion of the Site identified as the AUL area; ii. Activities and/or uses which are likely to involve the removal and/or disturbance of the petroleum hydrocarbon contaminated soil located beneath the pavement, including excavation or digging, at the portion of the Site identified as the AUL area unless such activities are performed in accordance with a Soil Management Plan and a Health and Safety Plan, approved by a Licensed Site Professional(LSP);and iii. Use of the property as a residence, school, daycare facility and/or other use at which a child's presence is likely. 3. Oblieations and Conditions. The following obligations and/or conditions must be maintained within the AUL Area in order to maintain a condition of No Significant Risk: i. The asphalt pavement, as shown on the attached sketch plan,provided as Exhibit C, must be maintained good condition at the portion of the Site!identified as the AUL area such that the petroleum hydrocarbon contaminated soil beneath the pavement remains inaccessible; ii. Semi-annual inspections must be performed to confirm that the pavement is being properly maintained to prevent exposure to petroleum hydrocarbon contaminated soil in the AUL area; iii. Prior to the commencement of activities likely to disturb the petroleum hydrocarbon contaminated soil located in the AUL area, a Soil Management Plan must be prepared by an LSP. The Soil Management Plan should describe appropriate soil excavation handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust. Also, should excavation and digging of soils below the alpha$pavement be required in the AUL area,such work must be performed in accordance with MCP criteria; iv. A Health and Safety Plan must be prepared prior to the commencement of any activity which involves the removal and/or disturbance of the pavement and/or is likely to disturb the underlying petroleum hydrocarbon contaminated soil. This plan should clearly describe the location of the petroleum hydrocarbon contaminated soils and identify the types of personal protective equipment, and monitoring devices necessary to ensure that workers are not exposed to the petroleum hydrocarbon contaminated soils in the AUL area;and v. The pavement within the AUL area must be repaired an/or replaced with a .comparable barrier following the completion of any activity which involves its removal or disturbance, such that future exposures to the underlying petroleum hydrocarbon contaminated soil is prevented. Except as expressly amended herein,the Original AUL is hereby ratified and confirmed. Owner authorizes and consents to the recordation and/or registration of this Amendment, which shall be deemed to be effective as of the date the Original AUL was recorded and/or registered. WITNESS the execution hereof under seal this day of ,200 O 1! �� onald J. CQ(arke,Manager South Harbor Holdings,LLC [COMMONWEALTH OF MASSACHUSETTS] [STATE OF ssv3vs� 20G 7/ Then personally appeared the above-named Donald J. Clarke and acknowledged the foregoing instrument to be [his](her] free act and deed before me, o Public: / y Commission xpires: V MY COMMISSION EXPIRES DECEMBER 3, 2004 The undersigned Waste Site Cleanup Professional certifies that, in his opinion, the terms of the Original AUL, as amended herein, are consistent with the AUL Opinion attached to the Original AUL hereto as Exhibit and are appropriate to maintain a condition of No Significant Risk at the Disposal Site. s Date: ,c✓1 1 �uL tephen B. so ,LSP [LSP SEAL] [COMMONWEALTH OF MASSACHUSETTS] c [STATE OF 1 GSsex` ss ` ,20ad— Then personally appeared the above-named Stephen B. Ransom and acknowledged the foregoing instrument to be his free act and deed before me, otary Public: My Commission Expires: Upon recording,return to: Donald J. Clarke P.O.Box 677 Salem,Massachusetts 01970 Exhibit B Activity and Use Limitation Opinion In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation Opinion has been prepared for a portion of land owned by South Harbor Holdings, LLC, and located at 24-26 Congress Street in Salem,Massachusetts. As of the date of this Activity and Use Limitation (AUL) Opinion,the property is zoned for commercial use. The Site is identified by the Massachusetts Department of Environmental Protection(MA DEP) as Release Tracking Number(RTN) 3-2084,which also includes the abutting property located at 281 Derby Street. The AUL has been prepared solely for a portion of the 24-26 Congress Street part of the Site. Specifically, the AUL applies to a 1,484 square foot area, located on the northern side of the property in an asphalt paved parking area. Site History Historically the Site has been utilized for commercial purposes since the early 1900s. Activities at the Site have included manufacturing, a restaurant, an antique shop and an auto repair and maintenance facility. During September 1986, a 4,000-gallon fuel oil underground storage tank(UST), formerly located north of the building at 24-26 Congress Street, was removed from the Site. Approximately 25 cubic yards of petroleum impacted soil were removed following the UST removal. The 4,000-gallon UST was removed concurrently with four USTs located at 281 Derby Street,which abuts the Site to the southwest. Evidence of contamination including organic vapor field screening results,resulted in notification of the MA DEP,resulting in the two properties being listed as a single disposal site (RTN 3-2084). Multiple environmental assessments have been performed at the Site between September 1986 and November 1997, including a Phase II Comprehensive Site Assessment performed by Ransom in August 1997. The results of these investigations indicated that soil and ground water have been impacted at the Site by releases of petroleum hydrocarbons. These investigations included the advancement of soil borings,the installation of ground water monitoring wells, and sampling of ground water. Based on the results of these investigations, fuel oil constituents detected in soil samples from the majority of the Site were present at concentrations of less than 100 parts per million(ppm). This likely represents background conditions at the Site, given the long commercial history of the Site and the fill material present at the Site. The results of the Phase II investigation performed by Ransom indicated that the area of soil impacted by the release from the former UST appears to be limited to the vicinity of the UST. Reason for Activity and Use Limitation Ransom performed a Method 1 Risk Characterization in order to evaluate the risk posed by the release of fuel oil from the former UST. Two separate Exposure Point Concentrations (EPCs)were calculated for soil, one for the former UST area and one for the remainder of the Site. The risk characterization indicates that soil exposure point concentrations(EPCs) for all compounds were below the S-1 soil standards with the exception of C.—Cl, aliphatics and C,,—C22 aromatics which were above the S-1 soil standards but below the S-2 soil standards for the former UST area. Compounds detected in ground water samples did not exceed the applicable GW-2 or GW-3 standards. Because concentrations of petroleum hydrocarbons in the area of the former UST were not reduced to background concentrations or concentrations below the respective soil category S-1 standards, an AUL for this part',of the Site,was registered to maintain a condition of No Significant Risk at the Site. The AUL for the Site was originally Page 1 of 3 registered with the Essex County Registry of Deeds on November 3, 1997 and a Class A-3 Response Action Outcome Statement was submitted on November 3, 1997. Prohibited Site Activities and Uses As described above, concentrations of EPH exceeding the S-1 standard are limited to the area of the former UST. This area is approximately 1,484 square feet and is located in an asphalt-paved parking area on the northern portion of the Site. The entire AUL area is asphalt-paved and is shown on the attached Exhibit C. The AUL will apply to this area only. Site activities and uses that are.prohibited at the portion of the Site are as follows: 1. Activities and/or uses which may cause physical or chemical deterioration,breakage or structural damage to the asphalt pavement or the removal of the asphalt pavement at the portion of the Site identified as the AUL area; 2. Activities and/or uses which are likely to involve the removal and/or disturbance of the petroleum hydrocarbon-contaminated soil located beneath the pavement,including excavation or digging, at the portion of the Site identified as the AUL area unless such activities are performed in accordance with a Soil Management Plan and a Health and Safety Plan, approved by a Licensed Site Professional (LSP)and; 3. Use of the property as a residence, school, daycare facility and/or other use at which a child's presence is likely. Should it become necessary to perform construction or utility activities at the Site, certain obligations are required as described in the AUL and the MCP. Permitted Site Activities and Uses Site activities and uses that are permitted at the AUL portion of the Site are as follows: 1. Activities and/or uses including,but not limited to, vehicular parking,pedestrian and vehicular traffic which do not compromise the structural integrity of the pavement; 2. Commercial activities and/or uses which do not disturb the petroleum hydrocarbon- contaminated soil located beneath the asphalt pavement in the AUL area; 3. Construction-related excavation such as those associated with underground utility service activities,provided that it is conducted with a Soil Management Plan and Health and Safety Plan in accordance with Obligations (3) and(4)of this Opinion; and involves the repair and/or replacement of the asphalt pavement with a comparable barrier immediately following the completion of the project such that a condition of No Significant Risk is maintained; and 4. Such other activities and/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. Page 2 of 3 Obligations Required to be Undertaken and/or Maintained Certain obligations are required to be undertaken and/or maintained at the Site to maintain a condition of No Significant Risk. These obligations are as follows: 1. The asphalt pavement, as shown on the attached sketch plan,provided as Exhibit C,must be maintained good condition at the portion of the Site identified as the AUL area such that the petroleum hydrocarbon-contaminated soil beneath the pavement remains inaccessible; 2. Semi-annual inspections must be performed to confirm that the pavement is being. properly maintained to prevent exposure to petroleum hydrocarbon-contaminated soil in the AUL area; 3. Prior to the commencement of activities likely to disturb the petroleum hydrocarbon- contaminated soil located in the AUL area, a Soil Management Plan must be prepared by an LSP. The Soil Management Plan should describe appropriate soil excavation handling, storage,transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust. Also, should excavation and digging of soils below the asphalt pavement be required in the AUL area,such work must be performed in accordance with MCP criteria; 4. A Health and Safety Plan must be prepared prior to the commencement of any activity which involves the removal and/or disturbance of the pavement and/or is likely to disturb the underlying petroleum hydrocarbon-contaminated soil. This plan should clearly describe the location of the petroleum hydrocarbon-contaminated soils and identify the types of personal protective equipment, and monitoring devices necessary to ensure that workers are not exposed to the petroleum hydrocarbon-contaminated soils in the AUL area; and 5. The pavement within the AUL area must be repaired an/or replaced with a comparable barrier following the completion of any activity which involves its removal or disturbance, such that future exposures to the underlying petroleum hydrocarbon- contaminated soil is LSP: Ste en ansom,Licen ed Site Professional c Date: Page 3 of 3 Massachusetts Department of Environmental Protection BWSC-114S Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY& USE LIMITATION (AUL) OPINION FORM ❑3 - 2084 COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED ANDIOR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE. A LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal site Name: 24-26 Congress Street Street: 24-26 Congress Street Location Aid: City/Town: Salem ZIP Code: 01970-0000 Address of property subject to AUL,if different than above. Street: Cityrrown: ZIP Code: B. THIS FORM IS BEING USED TO: Provide the LSP Opinion for an Amendment and Ratification of a Notice of Activity and Use Limitation,pursuant to instructions provided by DEP in a Notice of Audit Findings issued to: South Harbor Holdings, LLC (Donald J. Clarke, Manager) Name of Organization or person: Date issued: 01/31/2002 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(1)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, information and belief. The Amendment and Ratification of the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with instructions provided by the Department of Environmental Protection in a Notice of Audit Findings issued to: Name of organization or person: South Harbor Holdings, LLC (Donald J. Clarke, Manager) Date issued: 01/31/2002 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,am(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. Stephen B. Ransom 4601 LSP Name: LSP#: Stamp: - Telephone: (978)465-1822 Ext.: 25 FAX: (978)465-2986 LSP Signat ' Date: ©� YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 4/2/2001 Page 1 of 1 HARDWARE STORE Z- FENCE 281 DERBY .................... STREET . .. ... ........ .. ..... .................. . ..... .................... ................... ........ ...... ..... ............ ....................... PARKING AREA ... ................ ...... ............ .. ............ .. ..................... ................. .. ........ .. ......... . . ............. ...... ....... AUL AREA ............... ... . ... ........ :::: ................ I.... .... . ........ .......... .......................... . . ........ .. A .......... ............-...I......... . ........... .......... ........................ ....... . . .... ......I--................. .... ......... .. ..... . ................... . ..... ................ to (n Ld PROPERTY LINE OFFICE z 0 0 OFFICE RESTAURANT 24-26 CONGRESS ISTREETI 10, TO SEAWALL PATIO AREA OF SOUTH RIVER 0 10 20 40 1 SCALE in FEET 1"=20' RMNS" Environmental EXHIBIT C Consultants, Inc. PREPARED FOR: SITE: SKETCH PLAN SOUTH HARBOR HOLDINGS, LLC 24-26 CONGRESS STREET DATE: AUGUST 2002 PROJECT� 971070 SALEM, MASSACHUSETTS FIGURE: 1 COMMONWEALTH OF MASSACHUSETTS ESSEX REGISTRY OF DEEDS,S0,DIST,SALEM,MASS EMUSpqy LS 200D, ATRUE C PY OF RECORD: SOOK&aPAGEI,�o ATES �2�IffiT1Po The Salem News, Salem,Mass.,Wednesday,September 18,2002 C9': its way Legal Notice Legal Notice tPPly", NOTICE OF AMENDMtNT AND RATIFICATION NOTICE OF AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USE LIMITATION 'OF NOTICE OF ACTIVITY AND USE LIMITATION Site Address 285 Derby Street,Salem Massachusetts Site Address:24-26 Congress Street,Salem,MA 01970 NIA DEP Release Tracking Numbers 3-1359 and 3-13216 MA DEP Release Tracking Numbers 3-2084 Property Owner;Donald J.Clarke Property Owner;Donald J.Clarke ` Pursuant to the Massachusetts Contingency Plan (310CMR 40.1073).an Pursuant to the Massachusetts Contingency Plan*(310 CMR 40.1073),an Amendment and Ratfliation of Notice of Activity and Use Limitation on the Amendment and Ratification of Notice of Activity and Use Limitation(AUL) :: above disposal site was recorded with the Essex County Registry of Deeds on on the above disposal site was recorded with the Essex County Registry ofDeeds ,ravy, September 5, 2002,at Book 19183,Page 242.The purpose of the Amendment on September 5,2002,at Book 19183,Page 280.The purpose of the Amend- roll or and Ratification was to modify the original Notice of Activity end Use Limita- ment and Ratification was to modify the original Notice of Activity and Use ears try of Deeds on Novem-1tion which was recorded with the Essex County Registry of Deeds on June 19, Limitation which was recorded at the Essex County Regis : erican 1995,at Book 13064,Page 228. ber 3,1997,at Book 14409,Page 49. The modifications to the Noticeof Activity and Use Limitation are as fol- - The modifications to the Notice of Activity and Use Lind atton are as fol- eg ,able lows. lows: Prohibited Site Activities and Uses Prohibited Site Activities and Uses This AUL area is approximately 4,530 square feet and is located in an asphalt- The AUL area is approximately 1,484 square feet and is located in an asphalt- ggets, paved parking area on the southern portion of the Site as well as the southern por- paved parking area on the northern portion of the Site.The entire AUL area is.'; hash tion of the Site building including the boiler room area.The.AUL will apply to fids asphalt paved. - d• area only. - Site activities and uses that are prohibited at the portion of the Site are as fol- r hath Site activities and uses that are prohibited at the AUL portion of the Site are as lows: follows: 1.Activities and/or uses which may cause physical,or chemical deterioration,- hoice, 1.Activities and/or uses which may cause physical or chemical deterioration, breakage or structural damage to the asphalt pavement or the removal of the Breakage or structural damage to the asphalt pavement in the AUL.area or con- asphalt pavement or the portion of the Site identified as the AUL area; french trete floor in the.Site building located in the AUL area or the removal of the 2.Activities and/or uses which are likely to involve the removal and/or distur- asphalt pavement or concrete floor in the AUL area: bance of the petroleum hydrocarbon contaminated soil located beneath the pave- 2.Activities and/or uses which are likely to involve the removal and/or dStur- ment,including excavation or digging,at the portion of the Site identified as the bance of the soil located beneath the asphalt pavement and concrete floor in the AUL area unless such activities are performed in accordance with a Soil Manage- AUL area including excavation or digging,unless such activities are performed in ment Plan and a Health and Safety Plan,approved by a Licensed Site Professional accordance with a Soil Management Plan and a Health and Safety Plan,approved (ISP)and; by a Licensed Site Professional(LSP);and 3. iortgge 3.Use of the property as a residence,school,daycare facility and/or other use at which Use child's the property is likely residence,school,daycare facility and/or other use at Corpo- which a child's prensence is likely. ely. Should it become necessary to perform construction or utility activities at the A ;e New Should either of these activities become necessary perform construction or Site,certain obligations are required as described in the AUL and the MCP. condi- utility activities at the Site,certain obligationsare required as described in the: Permitted Site Activities and Uses sold at Ate'and the MCP. - - Site activities and uses that are permitted at the AUL portion of the Site are as emises Permitted Site Activities and Uses follows: 'mumSite activities and uses that are permitted at the AUL portion of the Site are as 1.Activities and/or uses including,but not limited to,vehicular parking,pedes- hed m Site - trian and vehicular traffic which do not compromise the structural integrity of the a.Commercial and industrial uses of the property and activities consistent pavement; therewith which do not involve soil disturbance; - 2.Commercial activities and/or uses which do not disturb the petroleum rsuant b.Construction-related excavation such as that associated with underground hydrocarbon contaminated soil located beneath the asphalt pavement in the AUL r Deed utility service activities,provided that it is conducted with a Soil Management area; Plan and Health and Safety Plan in accordance with Obligations(3)and(4)below; 3.Construction related excavation such as those associated with underground stry of and involves the repair and/or replacement of the asphalt "e C"thon- floor with a comparable barrier immediately following the completion of the pro- Plan and Health ervice cand Safety Plan in accordance with rovided that it is tObligations(3)and(4ed with a Soil )below ject such that aditi Minium and of No Significant Risk is maintained;and and involves the repair and/or replacement of the asphalt pavement with a com- ace or c.Such other activities and/or uses which,in the Opinion of an LSP,shall pre- parable barrier immediately following the completion of the project such that a sent no greater risk of harm to health,safety,public welfare or the environment condition of No Significant Risk is maintained;and old siis than the activities and uses set forth in this paragraph. 4.Such other activities and/or uses which,in the Obligations Required to be Undertaken and/or Maintained sent no Opinion of an LSP,shall pre- Vtaster greater risk of harm to health,safety,public welfare,or the environment 4 on a Certain obligations are required to be undertaken and/or maintained in the than the activities and uses set forth in this paragraph. AUL area to maintain a condition of No Signicant Risk,These obligations are as Obligations Required to be Undertaken and/or Maintained inents follows: - Certain obligations are required to be undertaken and/or maintained at the Is any 1.The asphalt pavement and concrete floor areas,as shown on the sketch plan, Site to maintain a condition of No Signfficant Risk.These obligations are as fol- Is, Provided as Exhibit C to the Amendment and Ratification,must be maintained in - lows: ads in good condition at the Site such that the contaminated soil beneath the pavement 1. The asphalt pavement must be maintained good condition at the portion of and floor remains inaccessible; the Site identified as the AUL area such that the petroleum hydrocarbon comami-. strict) 2.Semi-annual inspections must be performed to confirm that the asphalt pave- noted soil,beneath the pavement remains inaccessible; went and concrete floor is being property maintained to prevent exposure to the 2.Semi-annual inspections must be performed to confirm that the pavement is t of all contaminated soil at the Site; being properly maintained to prevent exposure to pe le hydro carbon conta- in the 3.Prior to the commencement of activities likely to disturb the soil at the Site a. urinated soil in the AUL area; ,s Soil Management Plan must be prepared by an LSP..The Soil Management Plan 3. Prior to the commencement of activities likely to disturb the petroleum nts or should describe appropriate soil excavationhandling,storage,transport,and dis- hydrocarbon contaminated soil located in the AUL area,a Soil Management Plan '.cable, posal procedures and include a description of the engineering controls and air must be prepared by an ISP,The Soil Management Plan should describe appropri- ,cable monitoring procedures necessary to ensure that workers and receptors in the ate soil excavation handling,storage,transport,and disposal procedures and vicinity are not affected by fugitive dust.Also,should excavation and digging of, include a description of the engineering controls and air monitoring procedures soils below the asphalt pavement and/or concrete floor be required in the AUL necessary to ensure that workers and receptors in the vicinity are not affected by :heck area,such work must be performed in accordance with MCP criteria; fugitive dust.Also,should excavation and digging of soils below the asphalt pave- 3.The 4.A Health and Safety Plan must be prepared prior to the commencement of ment be required in the AUL area,such work must be performed in accordance ?C any activity which involves the removal and/or disturbance of the asphalt pave- with MCP criteria; - Box ment and/or concrete floor and/or is likely to disturb the underlying contaminat- 4.A Health and Safety Plan must be prepared prior to the commencement of (30) ed soil,This plan should clearly describe the location of the contaminated soil and any activity which involves the removal and/or disturbance of the pavement upon identify the types of personal protective equipment and monitoring devices nett- and/or is likely to disturb the underlying petroleum hydrocarbon contaminated ssary to ensure that workers are not exposed to the contaminated soils in at the soil.This plan should clearly describe the location of the petroleum hydrocarbon ��m Site;and - and 5.The asphalt pavement and/or concrete floor at the Site must be repaired moconmaztoring devices inated soils and identify ensthe ure thattworkers aersonal re not expootective sed equipment the etro- Petra- and/or replaced with a comparable barrier following the completion of any activi- leum hydrocarbon contaminated soils in the AUL area;and ty which involves its removal or disturbance,such that future exposures to the 5.The pavement within the AUL area must be repaired an/or replaces with a neys, underlying contaminated soil are prevented, - comparable barrier following the completion of any activity which involves its P.C. Any person interested in obtaining additional information or reviewing the removal or disturbance,such that future exposures to the underlying petroleum qui AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USE LIM- hydrocarbon contaminated soil is prevented, kreet ITATION and the disposal site file may contact Stephen B. Ransom,Ransom, Any person interested in obtaining additional information or reviewing the 02958 Environmental Consultants, Inc.,Brown's Wharf; Newwburyport, MA Amendment and Ratification of Notice of Activity and Use Limitation and the dis- 1-0500 01950,(978)4651822. posal site file may contact Stephen B.Ransom,Ransom Environmental Con- (9/18/02) sultants,Inc.,Brown's Wharf;Newburyport„MA 01950,tel.(918)4651822. (9/18/02) APPOINTMENT FOR FINAL Salem FZ to Depa4.tment INSPECTION MUSTIBE F-i to P-eeventton Bureau. APPOINTMENT FOR FINAL MADE AT LEAST ONE WEEK 48 La4ayette Street INSPECTION MUST BE Sa,eem, Ma 01970 MADE AT LEAST ONE WEEK AHEAD............--- (508) 745-7777 FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In accordance w.lth the p,%ov 4ton,6 04 .the Ma44acwAett-6 State Buitdtny Cvde F.� y made 4or apprvva2 04 and the SaZem ee Code, appt-Zcat.ton is herebplan b and the ",6uanr-e o4 a cehtt4.tcate 04 approva,e 40r a bu.iedtng permdt by the Salem F.vice Depattinent. (Re4. Section 113. 3, Maga. State SZdg. Code) Job Location: "v 1H ( n ..;> S�- t� Ngo Owner/Occupant: n 0 c� _� ono)�I %T C �n,)(I / 4rAPc �;ne ASJ QY �a ^ EZect�L.Lca,e Contractor: r 2 m C � G ^ F-ih.e Supprea4.ton Contractor: � � O vL.hr ' (.p 0 T S.tgnature 04 c Applicant: Phone #: r),l $. 100) �F Addre64 o4 C/ v City on. AppZtcant. p (fax 6 1 Town: Approval date: /)q /g y c koyQ^o�, `hepyj C�l IF Cent 4-teate o4 a.pprovat . -6 hereby granted, on approved ptaan a on 4ubm.it-taZ o4 project detatt-6, by the Satem F`4�te Department. AZe ptanb are approved 4olety 4vr identt4.teation o4 type and Zodat.ton o4 4.ihe protect-ton dev.tce6 and equd.pment. AZe plana a-ce 4ubject to approval 04 any other authority having juAZ-6dtct-Zon. Upon eompZet.ion, the appl scant or t"taZeer(4) 6hatZ requ"t an -4"peetLon and/or te.6t o4 the 4.4vice proteetLon dev.tce4 and equtpment. FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** ) New construction. Property Zocattvn h," no compliance with the prov.(sL.ons o4 Chapter 148, Seetlon 26 C/E, M. G. L. , relative to the to-6tata tion o4 apptoved 4.1:, e a ea,rm devtce4. The owne t v4 thds property 4,6 requited to obtain compliance a4 a condition o4 obtaining a Sui.edtng Permit. Property Zvcatton t-6 to cvmpt-Lance w.tth the p�Lovi.6.tvn-6 v4 Chapter. 148, /Section 26 C/E, M.G. L. Expt44,+-ion date: -7AT/I CCLS S.tgnatcvice o4 Fvice U6ti�cia2 Fee ,sue: under ? . 500 Sq . Ft. - S 00- FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERvIT In compliance with the provision of Section 113.5 of the Massachusetts (' State Building Code, and under guidelines agreed upon by the Salem Bldg. Inspector and the Salem Fire Chief, the applicant for a building permit shall obtain the Certificate of Approval (see reverse side) and stamped plan approval from the Salem Fire Prevention Bureau. Said application and approval is required before a building permit may be w issued. The Massachusetts State Building Code requires compliance w approval of the Salem Fire Department, with reference to provisions of U_ wm w Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts a: ).- z General Laws, and 527 Code of Massachusetts Regulations. Ow W o F The applicant shall submit this application with three (3) sets of plans, LU Zo drawn in sufficient clarity, to obtain stamped approval of the Salem Fire f- i Department. This applies for all new construction, substantial a w w alterations, change of use and/or occupancy, and any other approvals aa. vai a � required by the Massachusetts General Laws, and the Salem Fire Code. a z Exception: Plans will not be required for structural work when the proposed work to be performed under the building permit will ... not, in the opinion of the Building Inspector, require a plan to show the nature and character of the work to be performed. Notice: Plans are normally required for fire suppression systems, fire alarm systems, tank installations, and Fire Code requirements. Under the provisions of Article 22 of the Massachusetts State Building Code, certain proposed projects may not require submission of plans or complete compliance with new construction requirements. In these cases, provisions of Article 22, Appendix T, and Tables applicable shall apply. This section shall not, however, supersede the provisions outlined in the Salem Fire Prevention Regulations, Chapter 148, MGL, or 527 Code of Massachusetts Regulations. All permits for fire code use and/or occupancy shall apply for the entire structure; fire alarm and/or smoke detector installation shall apply to the entire structure based upon current requirements as per Laws and/or Codes, but the existing structure may comply with regulations applicable for existing structures. Notice: Sub-contractors may also be required to file individual applications for a Fire Department Certificate of Approval for the area of their work. Such sub-contractors shall file an Application to Install with the Fire prevention Bureau prior to commencing any work for those areas applicable. - t FOR F1NP` 1 Form 81X (10/90) p1NTMENt f0vtAPSP�T1pN SjSONE WEEK ONE WEEK i 1N PS SEP AMAo�AT QST 1A P 011). p,HFXO-- ..._.._....- _. ............ COMMONWEALTH OF MASSACHUSETTS DErAmmENT OF INDUSTRIAL ACCIDENTS 600 WASHINGTON STREET BOSTON. MASSACHUSETTS 02111 amen a 000en �.ssonee, �iWORKERS, COMPENSATION INSURANCE AFFIDAVIT (I icemeci permtneq With a principal place of business/residence err. Gt/ ark SC• J1/,e 0/ 9 �o (City/state/Zip) do hereby certify, under the pains and penalties of perjury, that: J I am an employer providing the following workers' compensation coverage for my employees working on this lob. Insurance Companv Policy Number (Pri am a sole proprietor and have no one working for me. ( ] 1 am a sole proprietor. general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation insurance policies: Name of Contractor Insurance Comparsv/Policy Number Name of Contractor Insurance Company/Poliey Number Name of Contractor insurance Company/Poliey Number (] 1 am a homeowner performing all the work myself. NOTE: Please be aware that wbile homeowner who employ persons to do maintmaace.construction or repair work on a t thereto are not generally dwelling of not more than three units in wbich site homeowner ciao reside or on the grounds appurtenan n considered to be employers under the Worker' Compewauon Act(GL C. 152.sea. 1(5)), application by a horoeowoer for a license or permit may evidence toe legal sums of an emviowr under the WorkersCompensation Act i understand that a copy of this statement will be forwarded to the Department of Industrial Accdents' Office of insurance for coverage .•rnncaoon and that faiiurc to secure coverage as required under Section 25A of MGL 152 can iead to the imposition of criminal penalties consisting of a fine of up to $1500.00 and/or imprisonment of up to one year and civd penalties in the form of a Stop cork Order and a Fine of S 100.00 a day against me. Signed this 19 T,419 9 Y day of �a-� —� Licensees Permiaee licensor/Permittor No. City of Salem Ward 1 APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete all items in sections:I, it, Ill, IV,and IX. 1. AT(LOCATION) 24 Congress Street ZONING B_5 LOCATION (140) (STRE(STREET)Rr) DISTRICT OF BETWEEN Derby Street AND South River BUILDING (CROSS STREET) (CROSS STREET( MAP LOT SUBDIVISION LOT_A33--mock 34 SIZE 5152.3 11. TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION"USE MOST RECENT USE 1 ❑ Now building Residential Nonresidential 2 Q Addition(If residential,enter number of crew 12 One family 18 ❑ Amusement,recreational (rousing units added,if any,in part D,13) 19 O Chruch,other religious 13 Q Two or more family-Enter number 3)0 Alteration(See 2 above) of units........._............_........................... 20 Industrial 21 Q Parking garage Enter nu 4 Repair replacement 14 ❑ hotel,motel,or dormitory- 22 C] Service station,repair garage Enter number of units ........................... 5 ❑ Wrecking(H multifamily rasidentlal,enter number 23 Hospital,institutional of units in building in Part D,13) 15 ❑ Garage 24 ❑ Office,bank professional 6 Moving(relocation) 16 ❑ Carport 25 Public utility 7 Foundation only 17 ❑ Other Specify 26 Q School,library,other educational 27 ❑ Stores,mercantile B.OWNERSHIP 28 Tanks,towers 8)M Private(individual,corporation,nonprofit Omer-Specify Restaurant instilutioq etc.) 29 9 Q Public(Federal,State,or local government , C.COST (Omit cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant, machine shop,laundry building at hospital,elementary school,secondary school,College, 2 O O O• O O parochial school,parking garage for department store,rental office building,office building m 10. Cost of improveent ......................................................... $ at industrial Plant.If use of existing building is being changed,enter Proposed use. To be installed but not included in the above coat Restaurant this application is for a. Electrical................................_.................._..................... 500 . 00 b. Plumbing.......................................................................... expansion of existing restaurant. c. Healing,air conditioning............................._. 2 000 0 d. Other(elevator.etc.)......._........._................................. 11. TOTAL COST OF IMPROVEMENT s 4 5 O O . O 111. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition, complete only Parts J&M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 30 ja Masonry(wall bearing) 35 [] Gas 40 EX Public or private Company Will there be Central air 31 Q Wood frame 36 Oilconditioning?41 � Private(septic tank etc.) 32 Structural steel 37 ❑ Electricity 44 aYes 45 ❑ No 33 ❑ Reinforced concrete 38 Coal H. TYPE OF WATER SUPPLY p� Will there by an elevator? 34 Q Other-Specify 39 Other-Specify 42 EX Public or private Company 46 [-] yes 47 ® No 43 Q Private twell,cistern) J.DIMENSIONS M. DEMOLITION OF STRUCTURES: 4e. Number of stories ......................................................... 1 49. Total square feet of floorexterior area, Has Approval from Historical Commission been received all al square based on a#odor i imenaions .........................._........................................._.. 5, 000 . 0 0 for any structure over fifty(50)years? Yes_ No 50. Total land area,sq.it..................................................... Dig Safe Number 15 , 223 . 0 K NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Enclosed .......................................................................... 52. Outdoors..........................................................._............. HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED?None Yes No L RESIDENTIAL BUILDINGS ONLY Water: 53. Enclosed.................._....................._.................._...__ Electric: Gas: 54. Number of Fen........................................ Sewer: bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial-.............................-- BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No---& (If yes,please enclose documentation from Hist. Com.) Conservation Area? Yes_ No---X (If yes, please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes_ No_ Is property located in the S.R.A.district? Yeses No_ Comply with Zoning? Yeses No_ (If no,enclose Board of Appeal decision) Is lot grandfathered? Yeses No_ (If yes,submit documentationlf no,submit Board of Appeal decision) If new construction,has the proper Routing Slip been enclosed? Yes_ No_ p/,4' L/ Is Architectural Access Board approval required? Yes_ No-C (If yes,submit documentation) Massachusetts State Contractor License# n 6/Y yo Salem License # Home Improvement Contractor# /0 O ;'3 Homeowners Exempt form(if applicable) Yes_ No CONSTRUCTION TO BE COMMENCED WITHIN SIX(6)MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: If an extension is necessary, please submit in writing to the Inspector of Buildings. V. IDENTIFICATION . To be completed by all applicants Name Mailing address-Number,street,city,and state ZIP Code Tel,No. 1. Donald J Clarke P 0 Box 677 Salem MA 01970 745-1007 Owner or Lessee Squid, Inc. 26 Congress Street Salem MA 01970 745-9335 2. Scott K. Derderi n 90 D Wharf Street Salem, MA 01970 744-7655 Comactor Builder's License No. 06/ 3. Lawrence S an e 15 Carlton Street Salem MA 741 -3071 Architect or Engineer I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signature ofppplicant Address Application date �O 90 0 ",Z" �Sz-• Sa stitl� s-� 95' DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building /�C // FOR DEPARTMENT USE ONLY Permit number i f Building use Group Permit issued tg I ` Fire Grading Building Permit Fee $ Live Loading Certificate of Occupancy $ Approved by: Occupancy Load Drain Tile $ �� Plan Review Fee RLE NOTES AND Data-(For department use) I l Y- 2 L" Lon rc PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by: Completed by: ,� A ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use O N BOARD OF ASSESSORS 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970-3595 (508) 745-9595 Ext. 261 (508) 744-9327 FAX 9��7MINE�N June 6, 1997 Deborah E. Burkinshaw City Clerk City Hall Salem MA 01970 Dear Miss Burkinshaw: Please be advised that the address of 33 Congress Street has been assigned for mailing purposes only at the Shetland Park complex. The address is for the exclusive use of Millhouse McCabe Inc., a new tenant moving into the building at the complex, which building has a legal address of 35 Congress Street. The new address is necessitated by the large amount of mail anticipated to be received by the tenant, and will simplify the sorting of such by the post office. The 33 Congress address is not to appear on any buildings. Millhouse McCabe shall use the 35 Congress address as the physical location of its business and shall specify 35 Congress Street as the service address for its phones with the phone company. These requirements are necessary to ensure proper E-911 dispatching of emergency services. I Very 1 :yo s, i r M. Caron Chairman cc: Postmaster Joseph L. Leccese Chief Robert Turner, Fire Dept. Helen Jiadosz, Water Dept. Leo Tremblay, Inspector of Buildings Capt.Paul Murphy, Police Dept. Jackie McCabe, Millhouse McCabe Inc.. 77 Green St., Marblehead 01945 Tom Kent, Shetland Properties, 29 Congress St., Salem MA 01970 Op of *atem,'ffla55acbugettg 9��rMIN6 USN DATE FILED' ll Type: a- New Expiration Date ❑ Renewal, no change Number ❑ Renewal with chance In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as em nded, the undersigned hereby declare(s) that a business is conducted under the title of: e- /Z de-k mac_ CD., In C . at ZZ-� �'�rc �C. S S St oo type of business OtrOQ/-CU2c4 .i44Oya-g= , 01� t by the following named person(s): (Include corporate name and title if corporate officer) Full Name Residence ICOf�1Vi`kr`C GD.1✓IC. - ,! �7 `Tj -4L C _J•r� r Signature / - ------- ZZ- - -- ----------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- on l( L�19�he above named person(s) oath that the personally appeared before me and made an fnore'goingstatement is true.' ----------A. . -- ------ ------------ ----- --------------- -------- - - - CITY CLERK Notary Public (seal) Date Commission Expires identification Presented State Tax I.D. # # (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four (4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subiect to a tine of not more than three hundred dollars ($300.00) for each month during which suc" violation cnnrinuer. RANSOM Environmental ° Consultants,Inc. September 25, 2002 Project 971070 Public Property Department ATTN: Zoning One Salem Green Salem,Massachusetts 01970 RE: Filing of Amendment and Ratification to Activity and Use Limitation (AUL) 24-26 Congress Street Salem, Massachusetts MA DEP Release Tracking No. 3-2084 To Whom It May Concern: On behalf of Mr. Donald J. Clarke, Ransom Environmental Consultants, Inc. (Ransom)has prepared this letter to inform you that on September 5,2002, an Amendment and Ratification to Notice of Activity and Use Limitation(AUL), a copy of which is enclosed,was recorded with the Essex County Registry of Deeds in Book 19183,Page 280. The AUL affects a portion of the property located at 24-26 Congress Street,in Salem, Massachusetts. It identifies certain activities and uses which are inconsistent with maintaining a condition of No Significant Risk at the subject property. Such activities and uses are so identified in order to prevent exposures to residual petroleum hydrocarbon contaminated soil at a portion of the subject property. The Amendment and Ratification to the AUL identifies changes in the specific activities and uses which are consistent with maintaining a condition of No Significant Risk and those obligations and conditions necessary to ensure that a condition of No Significant Risk continues to exist at the property for the foreseeable future. This public notification is being provided pursuant to the Massachusetts Contingency Plan, 310 CMR 40.1090 and 310 CMR 40.1403(7)(a). If you have any questions,please contact Stephen B. Ransom, LSP, at(978)465-1822. Sincerely, Stephen B. RansomJ� Licensed Site Professional AMB/TJS/SBR:sh Enclosure cc: Donald J. Clarke (letter only) MA DEP,Northeast Regional Office(letter only) ■ Brown's Wharf, Newburyport,Massachusetts 01950,Tel(978)465.1822,Fax(978)465-2986 200 High Street,Portland,Maine 04101,Tel(207) 772-2891 195 Commerce Way, Portsmouth,New Hampshire 03801,Tel (603)436-1490 9K Princess Road, Lawrenceville,New Jersey 08648,Tel(609)620-0700 1445 Wampanoag Trail,Suite 108A,East Providence,Rhode Island 02915,Tel(401)433-2160 www.ransomenv.com 1 2002090500151 RAW W Pg;280 11; 09/05/2002 09:44:00 OTHER P9 1/9 4 AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USE LIMITATION (for amending and ratifying a Notice of Activity and Use Limitation recorded on or before'October 29, 1999) WITNESSETH: This Amendment and Ratification of Notice of Activity and Use Limitation ("Amendment and Ratification")is made as of this 31 day of July, 2002,by South Harbor Holdings, LLC(Donald J. Clarke,Manager) of Salem, Essex County, Massachusetts, together with his/her/its/their successors and assigns (collectively w "Owner"). m v' WITNESSETH: y w WHEREAS, Owner is the owner in fee simple of acertain parcel of land located in Salem, Essex County, Massachusetts ("Property"), pursuant to a deed recorded with the Essex County Registry of Deeds in Book 6312, Page 609 ; m m m WHEREAS,the Property comprises a disposal site, or part of a disposal site,as the result of a release of oil N o and/or hazardous material ("the Disposal Site"). Response actions have been selected for the Disposal Site in o accordance with M.G.L. c.21E ("Chapter 210) and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("the U MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or ko hazardous material in soil and/or groundwater, and/or (b) the restriction of certain activities occurring in, on, I through, over or under the Property or a portion thereof. The Department of Environmental Protection has identified V the Disposal Site as Release Tracking Number 3-2084; WHEREAS,on November 3, 1997,Donald J.Clarke filed a Notice of Activity and Use Limitation with the Essex County Registry of Deeds in Book 14409,Page 49 imposing an activity and use limitation on a portion of the cProperty ("the Original AUL").The portion of the Property affected by the Original AUL and this Amendment and y Ratification is hereinafter referred to as "the AUL Area." The AUL describes activities'and uses that are permitted within the AUL Area, and defines obligations and conditions that must be maintained within the AUL Area. The dAUL also describes uses and activities which, if carried out within the AUL Area, could result in Significant Risk to health,safety,public welfare or the environment due to potential exposure to residual contamination. b rn WHEREAS,the following amendments to the Original AUL are necessary to ensure that a condition of No Significant Risk is maintained at the Disposal Site. NOW,THEREFORE,Owner hereby amends the Original AUL as follows: AUL Opinion The basis of the Original AUL, as amended herein, is an Activity and Use Limitation Opinion ("AUL Opinion"),prepared by a Licensed Site Professional and attached hereto as Exhibit B. Said AUL Opinion replaces and supercedes any AUL Opinion contained or referenced in the Original AUL. Site Activities and Uses I The following descriptions of Permitted Activities and Uses,Activities and Uses Inconsistent with the AUL $ _5I Opinion, and Obligations and Conditions replace and supercede those contained in the Original AUL. tj a t 1. Permitted Activities and Uses. A condition of No Significant Risk to health, safety,public welfare or the environment exists for any foreseeable period of time so long as any of the following activities and d uses occur within the AUL Area: s= �Y i. Activities and/or uses including,but not limited to,vehicular parking,pedestrian and r vehicular traffic which do not compromise the structural integrity of the pavement; s ! lv_�:u G....,.. ii. Commercial activities and/or uses which do not disturb the petroleum hydrocarbon contaminated soil located beneath the asphalt pavement in the AUL area; iii. Construction related excavation associated such as those associated with underground utility service activities, provided that it is conducted with a Soil Management Plan and Health and Safety Plan in accordance with Obligations (3) and (4) of this Opinion; and involves the repair and/or replacement of the asphalt pavement with a comparable barrier immediately following the completion of the project such that a condition of No Significant Risk is maintained;and iv. Such other activities and/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. 2. Activities and Uses Inconsistent with the AUL Opinion. The following activities and uses, if implemented within the AUL Area, may result in a Significant Risk of harm to health, safety, public welfare or the environment: i. Activities and/or uses which may cause physical or chemical deterioration, breakage or structural damage to the asphalt pavement or the removal of the asphalt pavement at the portion of the Site identified as the AUL area; ii. Activities and/or uses which are likely to involve the removal and/or disturbance of the petroleum hydrocarbon contaminated soil located beneath the pavement, including excavation or digging, at the portion of the Site identified as the AUL area unless such activities are performed in accordance with a Soil Management Plan and a Health and Safety Plan,approved by a Licensed Site Professional(LSP);and iii. Use of the property as a residence, school, daycare facility and/or other use at which a child's presence is likely. 3. Oblieations and Conditions. The following obligations and/or conditions must be maintained within the AUL Area in order to maintain a condition of No Significant Risk: i. The asphalt pavement, as shown on the attached sketch plan,provided as Exhibit C, must be maintained good condition at the portion of the Site identified as the AUL area such that the petroleum hydrocarbon contaminated soil beneath the pavement remains inaccessible; ii. Semi-annual inspections must be performed to confirm that the pavement is being properly maintained to prevent exposure to petroleum hydrocarbon contaminated soil in the AUL area; iii. Prior to the commencement of activities likely to disturb the petroleum hydrocarbon contaminated soil located in the AUL area, a Soil Management Plan must be prepared by an LSP. The Soil Management Plan should describe appropriate soil excavation handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust. Also, should excavation and digging of soils below the asphalt pavement be required in the AUL area,such work must be performed in accordance with MCP criteria; iv. A Health and Safety Plan must be prepared prior to the commencement of any activity which involves the removal and/or disturbance of the pavement and/or is likely to disturb the underlying petroleum hydrocarbon contaminated soil. This plan should clearly describe the location of the petroleum hydrocarbon contaminated soils and identify the types of personal protective equipment, and monitoring devices necessary to ensure that workers are not exposed to the petroleum hydrocarbon contaminated soils in the AUL area;and v. The pavement within the AUL area must be repaired an/or replaced with a comparable barrier following the completion of any activity which involves its removal or disturbance, such that future exposures to the underlying petroleum hydrocarbon contaminated soil is prevented. Except as expressly amended herein,the Original AUL is hereby ratified and confirmed. Owner authorizes and consents to the recordation and/or registration of this Amendment, which shall be deemed to be effective as of the date the Original AUL was recorded and/or registered. WITNESS the execution hereof under seal this 2101n4 day of(_Qt tt/u ad-�_ ,200 O L! onald J.C4arke,Manager South Harbor Holdings,LLC [COMMONWEALTH OF MASSACHUSETTS] [STATE OF as L 200"l/ Then personally appeared the above-named Donald J. Clarke and acknowledged the foregoing instrument to be [his][her) free act and deed before me, o Public: y Commission xpires: MYCOMMISSION EXPIRES DECEMBER 3, 2004 The undersigned Waste Site Cleanup Professional certifies that, in his opinion, the terms of the Original AUL, as amended herein, are consistent with the AUL Opinion attached to the O4B. reto as Exhibit and are appropriate to maintain a condition of No Significant Risk at the Disposal Date: pZet '2- 2 /Stephen LSP [LSP SEAL] [COMMONWEALTH OF MASSACHUSETTS] [STATE OF ] �Ssex as i I 20 o d— Then personally appeared the above-named Stephen B. Ransom and acknowledged the foregoing instrument to be his free act and deed before me, �7otary Public: 1 My Commission Expires: S I S1 D 3 Upon recording,return to: Donald J. Clarke P.O.Box 677 Salem,Massachusetts 01970 Exhibit B Activity and Use Limitation Opinion In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared for a portion of land owned by South Harbor Holdings,LLC, and located at 24-26 Congress Street in Salem, Massachusetts. As of the date of this Activity and Use Limitation (AUL) Opinion,the property is zoned for commercial use. The Site is identified by the Massachusetts Department of Environmental Protection(MA DEP)as Release Tracking Number(RTN) 3-2084,which also includes the abutting property located at 281 Derby Street. The AUL has been prepared solely for a portion of the 24-26 Congress Street part of the Site. Specifically, the AUL applies to a.1,484 square foot area, located on the northern side of the property in an asphalt paved parking area. Site History Historically the Site has been utilized for commercial purposes since the early 1900s. Activities at the Site have included manufacturing, a restaurant,an antique shop and an auto repair and maintenance facility. During September 1986, a 4,000-gallon fuel oil underground storage tank(UST), formerly located north of the building at 24-26 Congress Street, was removed from the Site. Approximately 25 cubic yards of petroleum impacted soil were removed following the UST removal. The 4,000-gallon UST was removed concurrently with four USTs located at 281 Derby Street, which abuts the Site to the southwest. Evidence of contamination including organic vapor field screening results,resulted in notification of the MA DEP,resulting in the two properties being listed as a single disposal site (RTN 3-2084). Multiple environmental assessments have been performed at the Site between September 1986 and November 1997,including a Phase 11 Comprehensive Site Assessment performed by Ransom in August 1997. The results of these investigations indicated that soil and ground water have been impacted at the Site by releases of petroleum hydrocarbons. These investigations included the advancement of soil borings,the installation of ground water monitoring wells, and sampling of ground water. Based on the results of these investigations, fuel oil constituents detected in soil samples from the majority of the Site were present at concentrations of less than 100 parts per million(ppm). This likely represents background conditions at the Site, given the long commercial history of the Site and the fill material present at the Site. The results of the Phase It investigation performed by Ransom indicated that the area of soil impacted by the release from the former UST appears to be limited to the vicinity of the UST. Reason for Activity and Use Limitation Ransom performed a Method 1 Risk Characterization in order to evaluate the risk posed by the release of fuel oil from the former UST. Two separate Exposure Point Concentrations(EPCs)were calculated for soil, one for the former UST area and one for the remainder of the Site. The risk characterization indicates that soil exposure point concentrations(EPCs) for all compounds were below the S-1 soil standards with the exception of C9—C1e aliphatics and C„C22 aromatics which were above the S-1 soil standards but below the S-2 soil standards for the former UST area. Compounds detected in ground water samples did not exceed the applicable GW-2 or GW-3 standards. Because concentrations of petroleum hydrocarbons in the area of the former UST were not reduced to background concentrations or concentrations below the respective soil category S-1 standards, an AUL for this part,of the Site, was registered to maintain a condition of No Significant Risk at the Site. The AUL for the Site was originally Page 1 of 3 registered with the Essex County Registry of Deeds on November 3, 1997 and a Class A-3 Response Action Outcome Statement was submitted on November 3, 1997. Prohibited Site Activities and Uses As described above, concentrations of EPH exceeding the S-1 standard are limited to the area of the former UST. This area is approximately 1,484 square feet and is located in an asphalt-paved parking area on the northern portion of the Site. The entire AUL area is asphalt-paved and is shown on the attached Exhibit C. The AUL will apply to this area only. Site activities and uses that are prohibited at the portion of the Site are as follows: 1. Activities and/or uses which may cause physical or chemical deterioration,breakage or structural damage to the asphalt pavement or the removal of the asphalt pavement at the portion of the Site identified as the AUL area; 2. Activities and/or uses which are likely to involve the removal and/or disturbance of the petroleum hydrocarbon-contaminated soil located beneath the pavement, including excavation or digging, at the portion of the Site identified as the AUL area unless such activities are performed in accordance with a Soil Management Plan and a Health and Safety Plan, approved by a Licensed Site Professional (LSP) and; 3. Use of the property as a residence, school, daycare facility and/or other use at which a child's presence is likely. Should it become necessary to perform construction or utility activities at the Site, certain obligations are required as described in the AUL and the MCP. Permitted Site Activities and Uses Site activities and uses that are permitted at the AUL portion of the Site are as follows: 1. Activities and/or uses including,but not limited to,vehicular parking,pedestrian and vehicular traffic which do not compromise the structural integrity of the pavement; 2. Commercial activities and or uses which do not disturb the petroleum hydrocarbon- contaminated soil located beneath the asphalt pavement in the AUL area; 3. Construction-related excavation such as those associated with underground utility service activities,provided that it is conducted with a Soil Management Plan and Health and Safety Plan in accordance with Obligations (3) and(4)of this Opinion; and involves the repair and/or replacement of the asphalt pavement with a comparable barrier immediately following the completion of the project such that a condition of No Significant Risk is maintained; and 4. Such other activities and/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. Page 2 of 3 Obligations Required to be Undertaken and/or Maintained Certain obligations are required to be undertaken and/or maintained at the Site to maintain a condition of No Significant Risk. These obligations are as follows: 1. The asphalt pavement, as shown on the attached sketch plan,provided as Exhibit C,must be maintained good condition at the portion of the Site identified as the AUL area such that the petroleum hydrocarbon-contaminated soil beneath the pavement remains inaccessible; 2. Semi-annual inspections must be performed to confirm that the pavement is being properly maintained to prevent exposure to petroleum hydrocarbon-contaminated soil in the AUL area; 3. Prior to the commencement of activities likely to disturb the petroleum hydrocarbon- contaminated soil located in the AUL area, a Soil Management Plan must be prepared by an LSP. The Soil Management Plan should describe appropriate soil excavation handling, storage,transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust. Also, should excavation and digging of soils below the asphalt pavement be required in the AUL area, such work must be performed in accordance with MCP criteria; 4. A Health and Safety Plan must be prepared prior to the commencement of any activity which involves the removal and/or disturbance of the pavement and/or is likely to disturb the underlying petroleum hydrocarbon-contaminated soil. This plan should clearly describe the location of the petroleum hydrocarbon-contaminated soils and identify the types of personal protective equipment,and monitoring devices necessary to ensure that workers are not exposed to the petroleum hydrocarbon-contaminated.soils in the AUL area; and 5. The pavement within the AUL area must be repaired an/or replaced with a comparable barrier following the completion of any activity which involves its removal or disturbance, such that future exposures to the underlying petroleum hydrocarbon- contaminated soil is LSP: Ste en . ansom,Licen ed Site Professional Date: 3 ?Cc Z_ Page 3 of 3 Massachusetts Department of Environmental Protection BWSC-114S Bureau of Waste Site Cleanup El Release Tracking Number ACTIVITY& USE LIMITATION (AUL) OPINION FORM ❑3 - 2084 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: 24-26 Congress Street Street: 24-26 Congress Street Location Aid: City/rown: Salem ZIP Code: 01970-0000 Address of property subject to AUL,if different than above. Street: City/Town: ZIP Code: B. THIS FORM IS BEING USED TO: Provide the LSP Opinion for an Amendment and Ratification of a Notice of Activity and Use Limitation,pursuant to instructions provided by DEP in a Notice of Audit Findings issued to: South Harbor Holdings, LLC (Donald J. Clarke, Manager) Name of Organization or person: Date issued: 01/31/2002 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), (it)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, .. Information and belief. The Amendment and Ratification of the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with instructions provided by the Department of Environmental Protection in a Notice of Audit Findings issued to: Name of organization or person: South Harbor Holdings, LLC (Donald J. Clarke, Manager) Date issued: 01/31/2002 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. Stephen B. Ransom 4601 LSP Name: LSP#: Stamp: Telephone: (978)465-1822 Ext.: 25 FAX: (978)465-2986 - '- LSP Signat Date: YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 4/2/2001 Page 1 of 1 HARDWARE STORE FENCE 281 DERBY ............................ STREET ............................ - ..... ... .... ....... ................ ..... ..................... . .......... ...... ........ ................... .. .. ......... ..... ...... PARKING AREA .................... . . ... ... .... . ........ .................. .... ............. . . ........ ............................ . ............. .......... ................ ........... . ....... ... .............. ................ AUL AREA .... ........ ..... ..... 41 ...............-.......... ... ..... ................. ............................ ..........*................ ....... ....... . ......... ....................... ...... ... ................... ........................... ... ......... .......... ............... .... .... .. .............1 .. ......... V) W W PROPERTY LINE OFFICE z 0 RESTAURANT LIZ 24-26 CONGRESS STREET 10, TO SEAWALL PATIO AREA OF SOUTH RIVER 0 10 20 40 1 SCALE in FEET 1"=20' EXHIBIT C RAM" Environmental Consultants, Inc. SKETCH PLAN PREPARED FOR: SITE: DATE: AUGUST 2002 SOUTH HARBOR HOLDINGS, LLC 24-26 .CONGRESS STREET SALEM, MASSACHUSETTS PROJECT: 971070 FIGURE: 1 COMMONWEALTH OF MASSACHUSETTS ESSEX REGISTRY OF DEEDS,SO.DIST,SALEM,MASS ESSEX SS ,P-9PJL Uc 20G`� A TRUE_CbPY OF RECORD: OOKIgL$3 PAGI,� ATTES �g�l>�TER The Salem News, Salem,Mass.,Wednesday,September 18,2002 C$- its way Legal Notice Legal Notice [Pply", _ NOTICE OF AMENDMtNT AND RATIFICATION NOTICE OF AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USE LIMITATION •OF NOTICE OF ACTIVITY AND USE LIMITATION -am Site Address 285 Derby Street,Salem Massachusetts Site Address:2426 Congress Street,Salem,MA 01970 *-,. ''",--, MA DEP Release Tracking Numbers&1359 and 3.13216 MA DEP Release Tracking Numbers 3.2084 Property Owner;Donald J.Clarke Property Owner;Donald J.Clarke ' Pursuant to the Massachusetts Contingency Plan (310CMR 40.1073).an Pursuant to the Massachusetts Contingency Plan*(310 CMR 40.1073),an above dispos Amendment and Ratifuition of Notice of Activity and Use Linitiation on the Amendment and Ratification of Notice of Activity and Use Limitation(AUL) al site was recorded with the Essex County Registry of Deeds on on the above disposal site was recorded with the Essex County Registry of Deeds ' ,ravy, September 5,2002,at Book 19183,Page 242.The purpose of the Amendment on September 5,2002,at Book 19183,Page 280.The purpose of the Amend.+_ roll or and Ratification was to modify the original Notice Of Activity end Use Limita- ment and Ratification was to modify the original Notice of Activity and Use ears tion which was recorded with the Essex County Registry of Deeds on June 19, Limitation which was recorded at the Essex County Registry of Deeds on Novem. 1995,at Book 13064,Page 228. erican her 3,1997,at Book 14409,Page 49. g The modifications to the Notice.of Activity and Use Limitation are as fol- The modifications to the.Notice of Activity and Use Limitation are as fol- etabglelows: lows: Prohibited Site Activities and Uses Prohibited Site Activities and Uses This AUL area a n the southern 4,530 square feet and is located in an asphalt- The AUL area is approximately 1,484 square feet and is located in an asphalt- ggets, paved parttime area on the southern portion of the Site as well as the southern par- paved parking area on the northern portion of the Site.The entire AUL area is...' hash tion of the Site building including the boiler room area.The AUL will apply to this asphalt paved. - d. area only Site acfle aet Site activities and uses that are prohibited at the portion of the Site are as fol- r ham dities and uses that are prohibited at the AUL portion of the Site are as lows: follows; 1.Activities and/or uses which may cause physical or chemical deterioration, iloice, 1.Activities and/or uses which may cause physical or chemical deterioration, breakage or structural damage to the asphalt pavement or the removal of the breakage or structural damage to the asphalt pavement in the AUL,area or con- asphalt pavement or the portion of the Site identified as the AUL area; french trete floor in the.Site building located in the AUL area or the removal of the 2.Activities and/or uses which are likely to involve the removal and/or distur- asphalt pavement or concrete floor in the AUL area: bance of the petroleum hydrocarbon contaminated soil located beneath the pave- ® 2.Activities and/or uses which are likely to involve the removal and/or distur- ment,including excavation or digging,at the portion of the Site identified as the bance of the soil located beneath the asphalt pavement and concrete floor in the AUL area unless such activities are performed in accordance with a Soil Manage- AUL area including excavation or diggbig,unless such activities are performed in ment Plan and a Health and Safety Plan,approved by a Licensed Site Professional accordance with a Soil Management Plan and a Health and Safety Plan,approved (ISP)and; Cmpoeby a Licensed Site Professional(LSP);and 3.Use of the property as a residence,school,daycare facility and/or other use at 3.Use of the property as a residence,school,daycare facility and/or other use at, which a child's presence is likely. uthern which a child's prensence is likely. Should it become necessary to perform construction or utility activities at the ;e New Should either of these activities become necessary to perform construction or Site,certain obligations are required as described in the AUL and the MCP. condi- utility activities at the Site,certain obligations are required as described in the Permitted Site Activities and Uses AUL and the MCP. permitted at the AUL sold at Permitted Site Activities and Uses - - Site activities and uses that are portion of the Site areas emises follows: - inium Site activities and uses that are permitted at the AUL portion of the Site are as 1.Activities and/or uses including,but not limited to,vehicularparking,pedes- ilied in Follows: a.Commercial and industrial uses of trian and vehicular traffic which do not compromise the structural integrity of the the property and activities consistent pavement; - therewith which do not involve soil disturbance; 2.Commercial activities and/or uses which do not disturb the petroleum rsuant b.Construction-related excavation such as that associated with underground hydrocarbon contaminated soil located beneath the asphalt pavement in the AUL r Deed utility service activities,provided that it is conducted with a Soil Management area; - stry of Plan and Health and Safety Plan in accordance with Obligations(3)and(4)below; 3.Construction related excavation such as those associated with underground dth(a) and involves the repair and/or replacement of the asphalt pavement or concrete utility service activities,provided that it is conducted with a Soil Management ie Con- floor with a comparable barrier immediately following the completion of the pro- Plan and Health and Safety Plan in accordance with Obligations(3)and(4)below inner ject such that a condition of No Significant Risk is maintained;and - and involves the repair and/or replacement of the asphalt pavement with a com- ate or c.Such other activities and/or uses which,in the Opinion of an LSP,shall pre- parable barrier immediately fallowing the completion of the project such that a and(c) sent no greater-risk of harm to health;safety,public welfare or the environment condition of No Significant Risk is maintained;and I basis than the activities and uses set forth in this paragraph. 4.Such other activities and/or uses which,in the Opinion of an LSP,shall pre- Certain obligations are required to be undertaken and/or maintained in the . than the activities and uses set forth in this paragraph. AUL area to maintain a condition of No Signicant Risk,These obligations are as Obligations Required to be Undertaken and/or Maintained follows: ments Certain obligations are required to beundertaken and/or maintained at the Is en 1.The asphalt pavement and concrete floor areas,as shown the sketch plan, Site to maintain a condition of No Significant Risk.These obligations are as fol- ment provided as Exhibit C to the Amendment and Ratification,mustt be maintained hi lows: �ads in good condition at the Site such that the contaminated soil beneath the pavement 1.The asphalt pavement must be maintained good condition at the portion of and floor remains inaccessible; the Site identified as the AUL area such that the petroleum hydrocarbon contami-. strict) 2.Semi-annual inspections must be performed to confirm that the asphalt pave- . nated soil,beneath the pavement remains inaccessible; ment and concrete floor is being property maintained to prevent exposure to the 2.Semi-annual inspections must be performed to confirm that the pavement is t of all contaminated soil at the Site; - - being properly maintained to prevent exposure to petroleum hydrocarbon conta- in the 3.Prior to the commencement of activities likely to disturb the soil at the Site a initiated soil in the AUL area; ,s Soil Management Plan must be prepared by an LSP..The Soil Management Plan 3. Prior to the commencement of activities likely to disturb the petroleum tits or should describe appropriate soil exravation.handling,storage,transport,and dis- hydrocarbon contaminated sail located in the AUL area,a Soil Management Plan nts o, posal procedures and include a description of the engineering controls and air must be prepared by an ISP,The Soil Management Plan should describe appropri- ca monitoring procedures necessary to ensure that workers and receptors in the ate soil excavation handling,storage,transport,and disposal procedures and vicinity are not affected by fugitive dust.Also,should excavation and digging of, include a description of the engineering controls and air monitoring procedures soils below the asphalt pavement and/or concrete floor be required in the AUL necessary to ensure that workers and receptors in the vicinity are not affected by check area,such work must be performed in accordance with MCP criteria; fugitive dust.Also,should excavation and digging of soils below the asphalt pave- e.The 4.A Health and Safety Plan must be prepared prior to the commencement of ment be required in the AUL area,such work must be performed in accordance P.C., any activity which involves the removal and/or disturbance of the asphalt pave- with MCP criteria; Box ment and/or concrete floor and/or is likely to disturb the underlying contaminat- 4.A Health and Safety Plan must be prepared prior to the commencement of (30) ed soil,This plan should clearly describe the location of the contaminated soil and any activity which involves the removal and/or disturbance of the pavement identify the types of personal protective equipment and monitoring devices nett- and/or is likely to disturb the nderlying petroleum hydrocarbon contaminated Site; led in Site;and upon ssary to ensure that workers are not exposed to the contaminated soils in at the soil.This plan should clearly describe the location of the petroleum hydrocarbon conminated soils and the es rsonal tective and 5.The asphalt pavement and/or concrete floor at the Site must be repaired monitoring devices necessary two ensure that thatf o kers are not exposequipment d to the petro- and/or replaced with a comparable barrier following the completion of any activi- leum hydrocarbon contaminated soils in the AUL area;and ty which involves its removal or disturbance,such that future exposures to the 5.The pavement within the AUL area must be repaired an/or replaces with a underlying contaminated soil are prevented, trlves its eys, Any person interested in obtaining additional information or reviewing the removal or disturbanbarrier ce suchthatthat fututhe re exposures to the underlying n of any activity which etroleum quire AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USELIM- hydrocarbon contaminated soil is prevented, itreet ITATION and the disposal site file may contact Stephen B.Ransom, Ransom. Any person interested in obtaining additional information or reviewing the OW8 Environmental Consultants,Inc.,Brown's Wharf; Newwburyport, MA Amendment and Ratification of Notice of Activity and Use Limitation and the dis- 3-0500 01950,(978)465-1822. posal site file may contact Stephen B.Ransom,Ransom Environmental Con. (9/18/02) sultants,Inc.,Brown's Wharf-,Newburyport„MA 01950,tel.(918)465-1822. (9/18/02) NO� /9-,c.� :narovnl by any other APP'D. / T+ r �w-iediction. �j L; �^ E' ><j I �r�� zzi,S°Ass. - ,-v.t :�,�P;NTION BUAE U A TO BE 3k— I , . [ Ti1 .. - . . PLF.idS AREAPP OYE SOLELY FOR IDFNTIfICAT10N Of - : I`_:.'I ' +-� MEA N6 LOCATION OF FIRE PROTECTION OEYK$S+• ALL FIRE PROTECTION DEVICES ARE SVSIECT TDA _ - - � �"U—�/ r1l A, TL�ST AND 1'.SPECTION.FOR COIAPLETECOMPLI 1NSP'ri0^, OF CNfc - CODE EJIlDI\CS _ r ll . 1 •• (o wff� - f�1'ITIa�f FSM :_. Exi�T F Flo � �1� 0 � +'.�.. � ,I 1 E�C1�1L �t.,C�. PP•nlEt-c✓ 0 it c�cl -t=.0 Mirk. 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L� �JC ,�Gt�. r +�'`i`•� i'` � ..,.At_J ��+ Drawing Na COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT BOB DURAND Governor Secretary .p nip LAUREN A.LISS [JAN 3 12002 Commissioner Donald Clark and Timothy Clark Re: Calem- 6 Congress Street P.O. Box 677 Salem, Mme: 01970 Response Action Outcome Activity and Use Limitation Interim Deadline RAO SCREENING REVIEW AUL SUMMARY COMPLIANCE REVIEW Dear Mr. Clark: On November 10, 1997, the Department of Environmental Protection (the Department) received a Class A-3 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL) for the above-referenced site. On August 5, 1998,the Legislature enacted the`Brownfields Act' which called on the Department to conduct a targeted audit of all sites at which AULs have been implemented in order to ensure that these actions are meeting the requirements of Massachusetts' laws and regulations,including Massachusetts General Law chapter 21E and the Massachusetts Contingency Plan (MCP).-The Department's audit of this site consisted of an RAO Screening Review and an AUL Summary Compliance Review. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of. the Department's checklists are available on the Internet at http://www.state.ma.us/dep/bwsc/audits.htm. The Department is not directing you to undertake further response actions at this time. Please note, however, that the review conducted by the Department was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit.of the RAO at any time in the future. It is possible that a future audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. This information is available In alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 •.TTD#(978)661-7679 Printed on Recycled Paper Salem,RTN 3-2084 2 4 The Department notes that the RAO-P submitted for RTN 3-2084 applies to 24-26 Congress Street, whereas the notification was for 24-26 Congress Street and 281 Derby Street. Therefore, the site appears to be in noncompliance with the deadlines for response actions in the MCP. Within 60 days of the date of this letter, please provide the Department with information concerning the remaining parcels that comprise the disposal site. This is an enforceable interim Deadline issued pursuant to M.G.L. c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. Additional response actions required by this letter may be subject to shorter or longer deadlines. AUL SUMMARY COMPLIANCE REVIEW Chapter 206 of the Acts of 1998 (The Brownfields Act) requires that the Department conduct an audit of all sites with AULs. In carrying out this mandate, the Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this AUL Summary Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the Department has identified errors in the AUL that requires correction. Specifically: • The AUL does not adequately define what uses and activities are permitted at the site, what uses and activities are restricted, or what obligations and conditions must be maintained at the site. (a) The AUL inappropriately permits residential use, which is not supported by the Method 1 risk characterization conducted for the site. Under Method 1, future residential use, school and day care uses, and other similar uses that may involve high frequency, high intensity activities by children, must be restricted with an AUL when contamination remaining in soil exceeds the Method 1, S-1 soil standards. Therefore, the subject AUL must be corrected'to resolve this error. -- (b) The AUL requires maintenance of paving, without delineating the boundaries of the paved areas. To assist with compliance of the obligations of the AUL, the sketch plan - -- must delineate the area that must be covered by pavement to maintain a condition of No Significant Risk. The language describing the obligation to maintain the pavement must refer to the sketch plan showing the delineated area (i.e. maintain the pavement in the area identified on the attached sketch plan). Alternatively, the AUL may state that the entire AUL area is paved. To correct these errors, an Amendment and Ratification of Notice of Activity and Use Limitation must be implemented within 180 days of the date of this Notice, using the enclosed form and instructions. The revised sketch plan may be attached as Exhibit C to the Amendment and Ratification Form. Please note that the AUL Opinion must be prepared and attached to the Amendment and Ratification Form using Form 114S. Alternatively, you may submit a new RAO Statement within 180 days of the date of this Notice, documenting the achievement of a Class A-1, A-2, or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L. Salem,RTN 3-2084 3 c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. The Department has prepared forms and detailed instructions for implementing the required AUL corrections. Copies of the forms and instructions are attached, and are available on the Department's AUL Audit Project web page, ham://www.state.ma.us./dgp/bwsc/files/audits/ aulfix.htm. This web page will be updated periodically to address any commonly asked questions that arise as a result of AUL audits. The Department is also offering several training workshops in the next few months. The Department recommends that you (and/orthe Licensed Site Professional (LSP)/attorney preparing your AUL corrections) attend one of these workshops if you have questions on how to proceed. The training schedule is also available on the Department's AUL Audit Project web page. To obtain a schedule and/or register for the workshops, contact Thomas Potter, DEP's Statewide Audit Coordinator at(617) 292-5628. POST AUDIT COMPLETION STATEMENT REQUIRED When the AUL Errors are corrected, you should submit to the Department (attention: BWSC Audit Section) a Post-Audit Completion Statement in accordance with 310 CMR 40.1170, a. copy of which is attached. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Stephen B. Ransom, LSP #4601, the LSP-of-Record for the Disposal site. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening review conducted by the Department on the RAO was not a - -- comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of. the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c. 21E, 310 CMR 40.0000, or any other laws,regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The Department retains authority to take or arrange, or to require any Responsible Party or Potentially . Salem,RTN 3-2084 4 Responsible Party to perform any response action authorized by M.G.L. c. 21E, which the Department deems necessary to protect health, safety, public welfare, or the environment. Sincerely, � M. iju Patricia M. Donahue Chief, Audit Section Bureau of Waste Site Cleanup Filename: ED P:AUL Letters\scnof3-2084.doc Scnoafv6_[05_31_01) Attachments: Audit Follow-Up Plan Transmittal Form&Post-Audit Completion Statement(BWSC-111) AUL Amendment and Ratification Form and Instructions Activity&Use Limitation(AUL) Opinion Form (BWSC-114S) cc: Salem Mayor's Office Salem Board of Health Salem Zoning Code Enforcement Official Salem Building Inspector Stephen B. Ransom, LSP-of-Record(LSP #4601), Ransom Environmental Consultants, Inc.,Brown's Wharf,Newburyport,MA 01950 - - —Thomas M.Potter,Audit Coordinator,DEP-Boston - NERG/Dita Entry/RAO/TSAUD