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1,3,5 HARMONY GROVE RD, 60,64 GROVE ST - PLANNING (5) - - . _ _ _ ,{ _ _ - _' i J — � � '; _ _ — � � — c. '' , . . . ', _ r � � ,._ , ._ T. �., -_. -_ � .. _ _ ' "..I } r. / � 1 ' ' 2.©`3 - - - - - \ GFSGEOLOGICAL FIELD SERVICES, INC. May 10, 2013 Mayor Kimberly Driscoll ,l City of Salem �'4Y 93 Washington St. pFR Salem,MJA 01970 �R4�UN�yp 7320 RE: Notice of Activity and Use Limitations RecordingvFC�r¢^ Former Salem Oil and Grease 60—64 Grove Street Salem,MA 01970 Dear Mayor Driscoll: Enclosed are certified copies of the Notice of Activity and Use Limitation(AUL) and Confirmatory Notice of Activity and Use Limitation that have been recorded by MRM Project Management LLC on the above referenced property. The documents were prepared in accordance with the Massachusetts Contingency Plan(MCP) 310 CMR40.1074. The Confirmatory Notice of Activity and Use Limitation was necessary to correct an administrative error in the initial AUL. Should you have any questions,please contact me. Sincerely, GEOLOGICAL FIELD SERVICES, INC. Luke Fabbri President, LSP 14 Hubon Street, Salem, Massachusetts 01970 Tel: (978) 594-1376 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 Ll ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number 1177-71 Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 3! - 2131 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: SALEM OIL&GREASE CO 4 `. 2. Street Address: 60 GROVE ST at 3. City/Town:ISALEM 4. ZIP Code:1019700000 .. : ❑✓ 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. ❑ a. Tier 1 A ❑ b. Tier 1 B ❑ c. Tier 1 C ❑✓ d. Tier 2 6. If a Tier I Permit has been issued, provide Permit Number: B. THIS FORM IS BEING USED TO: (check one) Q 1. Submit a certified copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. ❑ 2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuant to 310 CMR 40.1080. ❑ 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081 ❑ 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3). ❑ 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Submit a certified copy of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑ 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Submit a certified copy of a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11. Provide Additional RTNs: F✓ a. Check here if this AUL Submittal covers additional Release Tracking Numbers (RTNs). b. Provide the additional Release Tracking Number(s) [3 _ 22167 59 - 24908 covered by this AUL Submittal. 4 (All sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A is required for all submittals listed above) Revised: 06/27/2003 Page 1 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: ESSEX SOUTHERN DISTRICT REGISTRY OF DEEDS b. Book and Page Number and/or Document Number: 32409/54 c. Date of recording and/or registration: 4/24/2013 mm/dd/YVw 2. Is the address of the property subject to AUL different from the disposal site address listed above? ❑✓ a. No ❑ b. Yes If yes,then fill out address section below. 3. Street Address: 4. City/Town: 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. Check all that apply: ❑ a. change in contact name ] b.change of address c. change in the person undertaking response actions 2. Name of Organization: MRM PROJECT MANAGEMENT LLC 3. Contact First Name: MICHAEL 1 4. Last Name: HUBBARD 5. Street: 9 ABBOTT ST 1 6. Title: 7. City/Town: BEVERLY 8. State: MA 9. ZIP Code: 019150000 10. Telephone: 9783601305 11. Ext.: 12. FAX: 13. Is the person described in this section the owner of the property? Q a. Yes ❑ b. No, if checked then Section G must be filled out by at least one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment. E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) ❑✓ 1. RP or PRP ❑✓ a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter ❑ e. Other RP or PRP Specify: ❑ 2. Fiduciary, Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c. 21 E,s.50)) ❑ 4. Any Other Person Submitting AUL Specify: Revised: 06/27/2003 Page 2 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) F.REQUIRED ATTACHMENT AND SUBMITTALS: 0 1. Check here to certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any, in accordance with 310 CMR 40.1074(1)(e),via certified mail. ❑ a. Check here if there were no record interest holders. b. Date of certified mailing: 4/9/2013 mm/dd/yyyy 0 c. Check here to certify that names and addresses of all record holders notified is attached. 2. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or O terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official,and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. 3. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or ❑✓ terminating the AUL, a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. ❑ 4. Check hereto certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies) where the property subject to the AUL is located, a copy of the notice was/will be submitted to DEP. 5. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or 0 terminating the AUL,a certified copy of the AUL, including the LSP Opininon containing the material facts,data,and other information, will be submitted to DEP. ❑ 6. Check here if any non-updatable information provided on this form is incorrect,e.g. Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome ❑ Statement is being submitted, check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.I, , attest under the pains and penalties of perjury that I am the owner of said property(ies), subject to the AUL 2 3. Date: Signature mm/dd/yyyy 4. Name of Organization: 5. Contact First Name: 6. Last Name: 7. Street: 8.Title: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.EM.: 14. FAX: Revised:06/27/2003 Page 3 of 4 Massachusetts Department of Environmental Protection ILI Bureau of Waste Site Cleanup BWSC113 ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 31 - 2131 ` ' H. CERTIFICATION OF PERSON MAKING SUBMITTAL: 1 I Michael Hubbard ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with 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. I/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to,possible fines and imprisonment,for willfully submitting false, inaccurate, or incomplete information. Pursuant to 310 CMR 40.1074(1)(f), I also hereby certify under penalties of perjury, that either I (if person submitting the AUL Transmittal Form is the property owner), or 2. Name of Property Owner am/is identified on the Notice of AUL as the owner of the property subject to the AUL,owned such property on the date that the AUL was recorded and/or registered 3. By: Michael Hubbard °, 1 A ',•Vie:* $ ' Y 4. Title: Signature 5. For: MRM PROJECT MANAGEMENT LLC 6. Date: L4=/29/2013 (Name of person or entity recorded in Section D) mm/dd/yyyy 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext.: 14. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Received by DEP on 4/29/2013 5:34:35 PM Revised:06/27/2003 Page 4 of 4 D I T 2013042400570 Bk;31409 P9;54 Form 1075 04/24/2013 02:14 NOrC AUL p9 1/15 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: 60 Grove Street Former Salem Oil and Grease DEP Release Tracking Numbers: 3-2131, 3-22167 and 3-24908 This Notice of Activity and Use Limitation('Notice") is made as of this 18`h day of April, 2013, by MRM Project Management, LLC, of 9 Abbott Street, Beverly, Massachusetts, 01915, together with its successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Michael Hubbard, Member of MRM Project Management, LLC, is the owner in fee simple of those certain parcels of land located in Salem, Essex County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Essex County (Southern District) Registry of Deeds in Book 25700, Page 109; WHEREAS, said parcels of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof('Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Essex County (Southern District)Registry of Deeds in Plan Book 152,Plan 98; WHEREAS, the Property comprises all 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 Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ('Chapter 21E") and the Massachusetts Contingency Plan, 310 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 Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated April 8,2013, which is attached hereto as Exhibit C and made a part hereof; NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any above grade non-intrusive activities including but not limited to building demolition; (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment, roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety,public welfare or the environment or in a substantial hazard, are as follows: (i) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures the condition of"No Significant Risk" is maintained in accordance with applicable regulations and policies that may be in effect; and (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk" is maintained for future uses. (iii) Occupation of the Property shall not be permitted until a Phase IV Completion Statement has been prepared and filed with MADEP (iv) The integrity of the chain lick fence surrounding the Former Tannery Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil and/or hazardous material is constructed as part of the remedial action alternative; (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared i in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Health and Safety Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at 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 invalidate the conclusion that no substantial hazards remain. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 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 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. I 6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. e e n h eof under seal this 18`h day of April 2013. If Michael Hu d, Member of the MRM Project Management, LLC COMMONWEALTH OF MASSACHUSETTS Essex, ss April 18,2013 On this 181h day of April, 2013, before me, the undersigned notary public, personally appeared Michael Hubbard, proved to me through satisfactory evidence of identification, which was a driver license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. as Manager for MRM Project Management, a Limited Liability Corporation Notary Signature ��G^fGl Notary Seal My commission expires S. COX ulNotary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires December 1,2017 i 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 Opinion. ►u..v� �.S"OFy,�_►_ LUKE oyGN a � m Date: April 18, 2013, LSP Seal g A. Luke A. Fabbri, LSP FABBRI r No.9N8 i t ►i► FFG/$TEPf�_,g ►►oSll¢FRO r�ST4 ►►►r"n'� COMMONWEALTH OF MASSACHUSETTS Essex, ss April 18, 2013 On this 18`h day of April, 2013, before me, the undersigned notary public, personally appeared Luke A. Fabbri, proved to me through satisfactory evidence of identification, which was a driver license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Signature Notary Seal My commission expires CAFUCS.COX F L Notary Public COMMONWEALTHMy OF ssionEpiresMASSACHUSETTS My Commission Expires December 1,2017 Upon recording, return to: MRM Project Management, LLC. 9 Abbott Street Beverly,MA 01915 I i EXHIBIT A �IIIIIAIIiIId111I�III�Iullllllllllll�l� 2006052400158 W25100 Pg;109 06124/2008 11.00:00 DEED Pp 1/2 DEED -- i Property Address: 60 and 64 Grove Street and 3 harmony Grove Road,Salem,MA Erik K. Smith,Trustee of Blubber Hollow Realty Trust under Declaration of Trust dated June . 18, 1965,recorded at Essex South District Registry of Deeds in Book 5292,Page 170, for consideration of$214,000.00 paid and other valuable consideration,hereby grants to MRM Project Management,LLC, a limited liability company duly organized and validly existing under QL — c the laws of the Commonwealth of Massachusetts of 9 Abbott Street,Beverly,MA 01915 with ti �O quitclaim covenants, S All of the land in Salem, Essex County, Massachusetts, described as Parcel One, Parcel Two, Parcel Four, Parcel Five, and Parcel Six in deed dated June 1, 1967, from Salem Oil & Grease M Co. to the Trustees of Blubber Hollow Realty Trust, recorded at Essex South District Registry of Deeds in Book 5452,Page 120, meaning and intending to describe the land shown-"Assessor's L11-3 Parcels 236 and 237 on Assessor's Plan#16, and is the land shown on Plan recorded with said 5 Registry in Plan Book 152, Plan 98, as the parcel containing 5.44 acres (excepting a portion Z O thereof which was transferred by Deed filed as Document 406956 at the Southern Registry v` 1` District for Essex County), the parcel containing 26,945 square feet, and the parcel described in T Deed recorded at said Registry in Book 7654,Page 26; and v< O All of the land in Salem, Essex County, Massachusetts, contained within Assessor's Parcel #239 von Assessor's Plan#16,known as 3 Harmony Grove Road,which land consists of (a) The parcel of land in Salem, Essex County, Massachusetts, shown on a plan recorded at said Registry in Plan Book 152, Plan 98, as containing"Area 20,990 square feet', lying 4 between the railroad tracks now or formerly of the Massachusetts Bay Transportation Authority and the North River; and (b) the triangular parcel of land bounded Northeasterly by Harmony Grove Road, about 115 feet, Southwesterly by the old canal about 112 feet, and Southeasterly by land of Harmony Grove Cemetery Corporation about 28 feet, described in deed from Robert L. Smith to Robert L. Smith et al, Trustees of Blubber Hollow Realty Trust recorded at said Registry in Book 5292,Page 183; and (c) all of the land and flats which are appurtenant to all of the above-described parcels of land, lying Northerly and Northeasterly of the location of the Boston and Maine Railroad, as described in deed recorded at said Registry in Book 5292,Page 183; and (d) the land shown on Plan recorded at Essex South District Registry of Deeds in Plan Book 152, Plan 98, which is bounded Southerly by the North River, Easterly by land of-- Harmony Grove Cemetery Corporation; Northeasterly by the triangular parcel described above in subparagraph(b), Northerly by Harmony Grove Road, and Westerly by land of the Harmony Grove Cemetery Corporation;and (e) such portions of the said Assessor's Parcel 239 as are located within the boundaries of the North River, subject to the rights of others thereto, if any. Said land is conveyed together with the right to pass and repass on foot and with vehicles, in common with Boston and Maine Corporation, and its successors and assigns, and with others now or hereafter having rights therein, on, over and across a tract of land containing about 894 square feet of land and shown as "Permanent (crossing) Easement" on the plan recorded with Deed from Boston and Maine Corporation to the Grantor, dated February 10, 1967, at said Registry in Book 5452, Page 111, subject to the restrictions, reservations and agreements contained in said Deed. Executed as a sealed instrument this ?,3 day of May,2 Erik K. Smith,Trustee -- COMMONWEALTH OF MASSACHUSETTS Essex, SS T On this day of May,2006,before me, the undersigned notary public,personally appeared Erik K. Smith,Trustee as aforesaid,proved to me through satisfactory evidence of identification, which was currently valid Massachusetts driver's license issued by the Commonwealth of Massachusetts Registry of Motor Vehicles, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My commission expires: )2 (7` t D CARLA F:URW\4190_05-0807deed to LLC.doc _ .'._. NOtatyPubllc Ulf Cammanm o of MassabhusaUsSi�ILEt t M"Commission2LIPs 1}EE� G lOi Oecember17,2010 ES �z +� 05/24/06 10: KEY p _ — 7:.1_ AUL AREA ROP __ \\\ LGllo :._:_:_:U— MAR,a LOT z�� - i: NQP1H RI1ER CANAL iIOAL BAY � ��1RANSPPPiAPd(Mx�Y.. AUINURIiY � w MASSAONU5E1R �.'�° �r •wW .: Y�•1•g �y�y ��.'-rte pIIF 4l 4A V :. LOT Sd] l�J WI y4 ,evy"�^'' a_, PD 4 da3°:am fteNabns W All4�tK {{tt :TF (� W ill < N W 71 rywc�iuR. n"Lm' >m -asv�e _. mwiN'"c*F a / w urw._. GFS 5'ERWCESVlCES mow; OE , LHEIR -u Ism ® e i .,I m. c.�warm p: MRM PROJECT is J L P. LLL...JJJ J_ _.�___ _ __�L__ _ _ __ __ sm.mv MANAGEMENT.LLC s am goo xxo __ to oocx,as.vzm x ..w coax�v a.x x BEAVER STREET SALEM, MA . iw aoa...w mxia sx AUL EI0L MEA GRAPNIC eCA18 �� x AUL-1 Mill" �I Md.ym 1 , 1 EXHIBIT C AMENDMENT OF NOTICE ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1081,this Notice of Activity and Use Limitation(AUL) Opinion has been prepared for the parcel of land owned by the MRM Project Management, LLC, Michael Hubbard, Manager(the "Owner"), located at 60 Grove Street, Salem, Essex County,Massachusetts 01970. The site formerly known as Salem Oil and Grease (Salem O&G), is currently a vacant manufacturing facility that has been abandoned since 2002. The area to which the AUL has been applied,the "AUL Area", is the entire Property as described in Exhibit A and shown on Exhibit B. The Property consists of three parcels identified as Lots 236, 237 and 239 on the City of Salem Assessors Map 16. The Disposal Site as defined in the Phase II—Comprehensive Site Assessment is the AUL Area shown on Exhibit B. i The City of Salem has approved a mixed used development for the Property. The approved redevelopment plan includes commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments. The apartments will be leased with a central management responsible for maintaining and operating the Property. This AUL Opinion describes the site history,type and location of residual contamination, response actions taken to date, risk characterization process, reasons for an AUL, permitted activities and uses, inconsistent activities and uses, and obligations and conditions necessary to maintain a level of"No Substantial Hazard" as defined by the Massachusetts Contingency Plan. Site History, Type and Location of Residual Contamination,Response Actions The Site was historically used as a sand pit, gristmill,tannery, gas tank storage facility, and most recently for the manufacturing of leather conditioning oil. The Site was first industrialized as a gristmill in the 1700s. Prior to 1912,portions of the site were used by the Frye Tannery, Sims Morocco Factory, King Upton Felting Mills, Salem Gas Light Company, and the Bay State Belting Company. In 1912, Salem O&G occupied 60 Grove Street,they grew to acquire the eastern portion of 64 Grove Street in the 1930's. They acquired the western portion of 64 Grove Street and 3 Harmony Grove Road in 1965 after the tannery burned. Salem O&G evolved from manufacturing whale oil products to the production of proprietary blends of specialty oils for the leather tanning industry. The oils were manufactured using fish oils,vegetable oil,mineral oil and animal fats. Manufacturing operations were terminated at the Site in 2002. The Site is listed under Release Tracking Numbers (RTN) 3-2131, 3-22167 and 3-24908. RTN 3-2131 was issued in 1989 following a Phase I investigation. RTN 3-22167 was issued in 2002 for a sudden release of EP-290 oil when a plastic storage tank fell of a forklift on a loading dock. RTN 3-24908 was issued in 2005 for a release of oily wastewater sludge from the wastewater sludge accumulation tank. The following is brief summary of the related RTNs. 3.1 RTN 3-2131 On April 15, 1989,MADEP issued a Notice of Responsibility (NOR)to Salem O&G based on the findings of a Phase I investigation. A Waiver of Approval was issued and Phase II Comprehensive Site Assessment Report and Phase III Report on Remedial Action Alternatives were submitted in December 1991. A Phase IV Report was filed in August 1994. The investigations were completed in accordance with 310 CMR 40.000. The contaminants-of-concern(COCs)in soil included poly-aromatic hydrocarbons (PAHs),total petroleum hydrocarbons (TPH), and heavy metals arsenic, lead, and chromium. The investigation indicated that ground water was not significantly impacted by the releases. Based on the investigation, a soil removal action was recommended for the former tannery area, several areas were capped with bituminous pavement and several building's basements were secured. A soil remediation was implemented and a Waiver Completion Statement was filed on June 6, 1994. The Waiver Complete Statement stated that a"Permanent Solution," based in part on an AUL had been achieved. The AUL restricted the use of three portions of the Property and access to the basements of the Former Sulfonation Building, Office Building, Finishing Building and Cooperage Room Building. The AUL,referred to as a"Notice of Environmental Restriction" was recorded in on August 16, 1994, in Book 12,708 on Page 172. The 1994 AUL has not been rescinded as of the filing of this AUL. 3.2 RTN 3-22167 On October 2, 2002, a sudden release of oil,EP-290, occurred while personnel were transferring a 300-gallon capacity plastic AST. The release occurred when an AST fell off of the forklift handling it. Product was release to loading dock and adjacent area. Salem O&G contracted emergency response and LSP services to contain the release,prevent migration to Strongwater Brook and remove impacted soil under a verbal IRA. On April 23, 2003,the LSP of Record resigned because Salem O&G did not pay for services rendered. Between January and June of 2004,MADEP issued several NONs to Salem O&G for failing to comply with the MCP requirements and time lines. In 2007, under new ownership the RTN was assessed and then linked to RTN 3-2131 and included in the overall site assessment. 3.3 RTN 3-24908 On June 10, 2005,prompted by a request from the Salem Fire Department,MADEP issued an NOR to the Blubber Hollow Realty Trust,the former property owner, for a release of wastewater sludge from the accumulation tank adjacent to the "Finishing Building." The 6,000-gallon capacity AST had overflowed from rainwater entering the open top of the tank. The release spread out on the concrete spill containment pad located adjacent to the AST and the "Finishing Building." The NOR from MADEP also required the containment and removal of the abandoned OHM containers left over from the former operations and assessment of the Property. Blubber Hollow Realty Trust informed MADEP that they were financially incapable of addressing the sludge release or the overall requirements of the NOR and that they were in the process of selling the Property. After a failed attempt to sell the Property and multiple exchanges with MADEP the Blubber Hollow Realty Trust transferred the Property to MRM. On June 23, 2006, MADEP issued a NOR for RTN 3-24908 to MRM for the sludge release, site security, removal of the OHM containers and overall assessment of the Property. On August 24, 2006, an IRA Plan was submitted to MADEP for the removal of the OHM left on the Property by the former manufacturing operations. The IRA remained open until February 2009. RTN 3-24908 was linked to RTN 3-2131 when the Phase I-Initial Site Investigation and Tier Classification were filed. NATURE AND EXTENT OF CONTAMINATION The nature and extent of soil, ground water and sediment contamination has been derived from current 2012 Phase II and former 1991 investigation data. Site wide COCs include PAHs, arsenic, chromium, and lead. The source(s) of contamination is not attributed to a single release, but the result of the industrial and manufacturing activities performed at the Site for approximately 150 years. Site wide COCs are widespread in the top three to six feet of soil and are associated with the presence of coal, coal and wood ash, and clinkers. In localized areas (AUL2) the thickness of the fill has been observed to be much as 12 feet. The materials were j used as fill for grading the Property. Beneath the buildings the release mechanism was leaching and infiltration via the floor cracks and drains of the buildings. The South Essex Sewer District (SESD)pile is soil that was brought onto the Property during the construction of a sewer line along Harmony Grove Road. Former Tannery Infiltration(FTI) is located north of Building 59 between the railroad tracks and the North River. This area is where the sludge beds for the former tannery are located. At least two sludge beds are known to be located here. COCs in the sludge include PAHs, EPH,VOCs, and metals. Concentrations of arsenic, chromium and EPH exceed Upper Concentration Limits (UCLs) and the area is a"Hot Spot" as defined by the MCP. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. UCLs are exceeded in a couple of other isolated spots elsewhere on site but resampling has determined that the concentrations are pervasive and those areas are not considered"Hot Spots." Minimal concentrations of EPH, arsenic, barium, chromium and VOCs have also been detected in groundwater. All of the detected concentrations are significantly below MCP Cleanup Standards even in the FTI area. Sediment analytical results from Strongwater Brook (North River Canal) show PAH and metals impacts are widespread indicating a non-point source not associated with the site. Impacts appear upstream, downstream and adjacent to the Site. Given the history of the river accepting numerous discharges from the leather industry upstream in Peabody, elevated background concentrations were expected. Past industries at the property are known to have discharged to the river but the releases of COCs from the regulated"Disposal Site"are not known to be directly impacting the surface water or sediment in the river. Ground water is not affected by the "Disposal Site"therefore, the discharge of ground water to the river is not impacting surface water or sediment. Surface water analytical results from the North River Canal show no impact to the waters from the Site. Risk Characterization Process and Reasons for an AUL The conclusion of the Method 1 Risk Characterization presented in the Phase II report was that a Condition of No Significant Risk" (NSR) did not exist on the site due to potential exposure to contaminants in soil. The report concluded that exposure pathways had to be eliminated by excavation and capping and that an AUL would be required to prohibit direct contact with soil under any scenario unless remedial response actions are successful in achieving a condition of NSR for all exposure pathways. This conclusion was based primarily on the FTI being a"Hot Spot"that would present a Substantial Hazard is left uncontrolled. i A Method 1 Risk Characterization was presented in the Phase II report. The current scenario is that the property remains a vacant industrial Property for the short term while the redevelopment plan is take through the permit process. The approved redevelopment plan permits commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments leased with a central management responsible for maintaining and operating the Property. i Potential receptors under current use include trespassers and above grade demolition workers exposed to contaminated soil via ingestion and/or dermal adsorption. During redevelopment there will be construction workers and post construction there will be residents. The site wide risk driver is arsenic in soil. The FTI is a"Hot Spot'that was evaluated separately. Ground j water has not been impacted. MADEP Short Forms were used to calculate the risk to each receptor. Site wide there is NSR to trespassers or above grade demolition workers. There is a risk to construction workers and future residents unless remedial response actions are implemented and site use is controlled using an AUL. The FTI is a"Hot Spot' and would present a Substantial Hazard is left uncontrolled. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. The North River controls access on the opposite side. The majority of the Property is fenced and routinely patrolled as part of a fire watch. The reasons for this AUL are to control the access and current use of the site and FTI area and to facilitate the remediation process to be implemented during the redevelopment project. 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any above grade non-intrusive activities including but not limited to building demolition; (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment,roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and { (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. i 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to 1 fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who senders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures the condition of"No Significant Risk" is maintained in accordance with applicable regulations and policies that may be in effect; and (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk"is maintained for future uses. (iii) Occupation of the Property shall not be permitted until a Phase IV Completion Statement has been prepared and filed with MADEP (iv) The integrity of the chain lick fence surrounding the Former Tannery Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. j (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil and/or hazardous material is constructed as part of the remedial action alternative; (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to I commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Health and Safety Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. �SH OF qv„ �yc LUKE 3m 0 u FABBRI fO C LSP No.gggB Luk abbri,Licensed Site Professional 'o 9Fc/sTEA�° +Q� '►►°S wRoFE` � DATE: April 8, 2013 v�vv^va COM'.AONWEALTH Of M.ASSACHUSETS ESSEXREGISTRY:r iE"-'1. .i0.OW 5A!ENi,MASS ES C u 20 �3 AC i Op _ W"Yq4 R1 GISTER Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 2131 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: SALEM OIL&GREASE CO 2. Street Address: 60 GROVE ST 3. City/Town: SALEM 1 4. ZIP Code: 019700000 ❑✓ 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. ❑ a. Tier 1A ❑ b. Tier 113 ❑ c. Tier 1 C ❑✓ d. Tier 2 6. If a Tier I Permit has been issued, provide Permit Number: B. THIS FORM IS BEING USED TO: (check one) 0 1. Submit a certified copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. '. ❑ 2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuant to 310 CMR 40.1080. ❑ 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR ❑ 40.1083(3). ❑ 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Submit a certified copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. ❑ 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Submit a certified copy of a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11. Provide Additional RTNs: Oa. Check here if this AUL Submittal covers additional Release Tracking Numbers (RTNs). b. Provide the additional Release Tracking Number(s) _ 22167 �3 - 24908 covered by this AUL Submittal. El (All sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A is required for all submittals listed above) Revised:06/27/2003 Pagel of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 73 - C. -C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: ESSEX SOUTHERN DISTRICT REGISTRY OF DEEDS b. Book and Page Number and/or Document Number: 32409154 c. Date of recording and/or registration: 1412412013 mm/ddtvvvy 2. Is the address of the property subject to AUL different from the disposal site address listed above? ❑✓ a. No ❑ b. Yes If yes,then fill out address section below. 3. Street Address: 4. City/Town: 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. Check all that apply: 1:1a.change in contact name ❑ b.change of address c. change in the person undertaking response actions 2. Name of Organization: JMRM PROJECT MANAGEMENT LLC 3. Contact First Name: IMICHAEL 4. Last Name: 1HUBBARD 5. Street 9 ABBOTT ST 6.Title: 7. City/Town: JBIEVERLY 8. State: MA 9. ZIP Code: 1019150000 10. Telephone: 9783601305 11.EM.: 12, FAX: 13. Is the person described in this section the owner of the property? 0 a. Yes ❑ b. No, if checked then Section G must be filled out by at least one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment. E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) ❑✓ 1. RP or PRP ❑✓ a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter ❑ e. Other RP or PRP Specify: ❑ 2. Fiduciary, Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,S.50)) ❑ 4. Any Other Person Submitting AUL Specify: Revised:06/27/2003 Page 2 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 2131 F.REQUIRED ATTACHMENT AND SUBMITTALS: ❑✓ 1. Check here to certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any,in accordance with 310 CMR 40.1074(1)(e),via certified mail. ❑ a. Check here if there were no record interest holders. b. Date of certified mailing: 4/9/2013 mm/dd/yyyy ❑✓ c. Check here to certify that names and addresses of all record holders notified is attached. 2. Check here to certify thatwithin 30 days of recording and/or registering the AUL, including amending, releasing or terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official,and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. 3. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or ❑✓ terminating the AUL,a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. 4. Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies) where the property subject to the AUL is located,a copy of the notice was/will be submitted to DEP. 5. Check here to certify that within 30 days of recording and/or registering the AUL, including amending,releasing or ❑✓ terminating the AUL,a certified copy of the AUL, including the LSP Opininon containing the material facts,data,and other information, will be submitted to DEP. ❑ 6. Check here if any non-updatable information provided on this form is incorrect,e.g. Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome ❑ Statement is being submitted,check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.I, ,attest under the pains and penalties of perjury that I am the owner of said property(ies), subject to the AUL 2 3. Date: Signature mm/dd%W 4. Name of Organization: 5. Contact First Name: 6. Last Name: 7. Street: 8.Title: 9. Cityrrown: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext.: 14. FAX: Revised:06/27/2003 Page 3 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 2131 H. CERTIFICATION OF PERSON MAKING SUBMITTAL: 1 I Michael Hubbard ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with 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. I/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate,or incomplete information. Pursuant to 310 CMR 40.1074(1)(0, 1 also hereby certify under penalties of perjury, that either I(if person submitting the AUL Transmittal Form is the property owner), or 2. Name of Property Owner am/is identified on the Notice of AUL as the owner of the property subject to the AUL,owned such property on the date that the AUL was recorded and/or registered 3. By. IMIchael Hubbard 4. Title: Signature 5. For: MRM PROJECT MANAGEMENT LLC 6. Date: 4/29/2013 (Name of person or entity recorded in Section D) mm/dd/yyyy E] 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.EM.: 14. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Received by DEP on 4/29/2013 5:34:35 PM Revised:06/27/2003 Page 4 of 4 2. 1013041400570 Bk;31409 Pg;54 Form 1075 04/24/2013 02:iq NOTC qUL Ps 1/15 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: 60 Grove Street Former Salem Oil and Grease DEP Release Tracking Numbers: 3-2131, 3-22167 and 3-24908 This Notice of Activity and Use Limitation ("Notice") is made as of this 18a' day of April, 2013, by MRM Project Management, LLC, of 9 Abbott Street, Beverly, Massachusetts, 01915,together with its successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Michael Hubbard, Member of MRM Project Management, LLC, is the owner in fee simple of those certain parcels of land located in Salem, Essex County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Essex County (Southern District) Registry of Deeds in Book 25700, Page 109; WHEREAS, said parcels of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof('Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Essex County (Southern District)Registry of Deeds in Plan Book 152, Plan 98; WHEREAS, the Property comprises all 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 Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 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 Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"), dated April 8, 2013, 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: _._ i 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any above grade non-intrusive activities including but not limited to building demolition; (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment, roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety,public welfare or the environment or in a substantial hazard, are as follows: (i) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures the condition of"No Significant Risk" is maintained in accordance with applicable regulations and policies that may be in effect; and (ii) The use of the Property for unrestricted residential uses, such as single family homes of apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for ( ) P rtY �' Pm'p g growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk"is maintained for future uses. (iii) Occupation of the Property shall not be permitted until a Phase IV Completion Statement has been prepared and filed with MADEP (iv) The integrity of the chain lick fence surrounding the Former Tannery Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil and/or hazardous material is constructed as part of the remedial action alternative; (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Health and Safety Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at 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 invalidate the conclusion that no substantial hazards remain. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seg., 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 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. i i 6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. e h cof under seal this18th day of April 2013. ichael Hu d, Member of the MRM Project Management,LLC COMMONWEALTH OF MASSACHUSETTS Essex, ss April 18, 2013 On this 18th day of April, 2013, before me, the undersigned notary public, personally appeared Michael Hubbard, proved to me through satisfactory evidence of identification, which was a driver license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. as Manager for MRM Project Management, a Limited Liability Corporation Notary Signature Notary Seal My commission expires Ex (;ARLA S. COX Notary Public COMMONWEALTHComm OFMASSACHUSETTS My Commission Expires December 1,2017 i ' i 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 Opinion. ►.►u�� ►'�tHOFer�o LUKE Date: April 18, 2013, LSP Seal g A. Luke A. Fabbri, LSP FABBRI No.9988 �y ni►"'S GISTEP��P�A ►► SRE PROFS °°►►►►►nom COMMONWEALTH OF MASSACHUSETTS Essex, ss April 18, 2013 On this 181h day of April, 2013, before me, the undersigned notary public, personally appeared Luke A. Fabbri, proved to me through satisfactory evidence of identification, which was a driver license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Signature Notary Seal My commission expires & . COX Notary Puhlic COMMCNWEALiH OF MASSACHUSETTS My Commission Expires ut December 1,2017 Upon recording, return to: MRM Project Management,LLC. 9 Abbott Street Beverly,MA 01915 j EXHIBIT A 11111118111111NI�IIIIIBIIIIIIIII�111 t 200605240158 2 2570®PJ:109 05124/2006 il,00:00 112 DEED -- Property Address: 60 and 64 Grove Street and 3 harmony Grove Road,Salem,MA Erik K. Smith,Trustee of Blubber Hollow Realty Trust under Declaration of Trust dated June 18, 1965,recorded at Essex South District Registry of Deeds in Book 5292,Page 170, for consideration of$214,000.00 paid and other valuable consideration,hereby grants to MRM Project Management,LLC, a limited liability company duly organized and validly existing under vthe laws of the Commonwealth of Massachusetts of 9 Abbott Street,Beverly,MA 01915 with �O quitclaim covenants, S All of the land in Salem, Essex County, Massachusetts, described as Parcel One, Parcel Two, Parcel Four, Parcel Five, and Parcel Six in deed dated June 1, 1967, from Salem Oil & Grease M Co. to the Trustees of Blubber Hollow Realty Trust, recorded at Essex South District Registry of Deeds in Book 5452, Page 120, meaning and intending to describe the land shown-"Assessor's Parcels 236 and 237 on Assessor's Plan #16, and is the land shown on Plan recorded with said Registry in Plan Book 152, Plan 98, as the parcel containing 5.44 acres (excepting a portion Z O thereof which was transferred by Deed filed as Document 406956 at the Southern Registry �' n District for Essex County), the parcel containing 26,945 square feet, and the parcel described in Z Q Deed recorded at said Registry in Book 7654,Page 26; and All of the land in Salem, Essex County, Massachusetts, contained within Assessor's Parcel #239 vSj on Assessor's Plan#16,known as 3 Harmony Grove Road,which land consists of (a) The parcel of land in Salem, Essex County, Massachusetts, shown on a plan recorded at said Registry in Plan Book 152,Plan 98, as containing"Area 20,990 square feet", lying between the railroad tracks now or formerly of the Massachusetts Bay Transportation Authority and the North River;and (b) the triangular parcel of land bounded Northeasterly by Harmony Grove Road, about 115 feet, Southwesterly by the old canal about 112 feet, and Southeasterly by land of Harmony Grove Cemetery Corporation about 28 feet, described in deed from Robert L. Smith to Robert L. Smith et al, Trustees of Blubber Hollow Realty Trust recorded at said Registry in Book 5292,Page 183; and (c) all of the land and flats which are appurtenant to all of the above-described parcels of land, lying Northerly and Northeasterly of the location of the Boston and Maine Railroad, as described in deed recorded at said Registry in Book 5292,Page 183;and q Rh�batt s'I . (d) the land shown on Plan recorded at Essex South District Registry of Deeds in Plan Book 152, Plan 98, which is bounded Southerly by the North .River, Easterly by land of-- Harmony Grove Cemetery Corporation; Northeasterly by the triangular parcel described above in subparagraph(b),Northerly by Harmony Grove Road, and Westerly by land of the Harmony Grove Cemetery Corporation;and (e) such portions of the said Assessor's Parcel 239 as are located within the boundaries of the North River, subject to the rights of others thereto, if any. Said land is conveyed together with the right to pass and repass on foot and with vehicles, in common with Boston and Maine Corporation, and its successors and assigns, and with others now or hereafter having rights therein, on, over and across a tract of land containing about 894 square feet of land and shown as "Permanent (crossing) Easement" on the plan recorded with Deed from Boston and Maine Corporation to the Grantor, dated February 10, 1967, at said Registry in Book 5452, Page 111, subject to the restrictions, reservations and agreements contained in said Deed. Executed as a sealed instrument this Z3 day of May,2 !� � •t Erik K. Smith,Trustee COMMONWEALTH OF MASSACHUSETTS Essex, SS On this day of May,2006,before me, the undersigned notary public,personally appeared Erik K. Smith,Trustee as aforesaid, proved to me through satisfactory evidence of identification, which was•currently valid Massachusetts driver's license issued by the Commonwealth of Massachusetts Registry of Motor Vehicles, to be the person whose name is signed on the preceding document,and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My commission expires: )2-.17` t 0 CAR1A FARIV4190_05-0807deedtoLLC.doc NotaryPublic Commonwmmi sonBOhusetls SALEM `4',\191�/x Mpp Commission EMpires DEE G 1CP Oecember17,2810 ESt ,L. PM 85/24/06 10.58AM 01 000000 MMO — FEE _.$975.84 - CASK - S9 $4 KEY /"- OAU _ __� F.-:-.?:.l— AUL AREA y CRU MAP IR LOT RX mp // / '//xueurvudx m rru �( \ uosnoK Im NORM RIKF CANAL \ � \ rft` T AU MMI Ayg(y� BAY IFANSP@'tiAPQ4 1HUflITY �n xvw x ,�.� YI\ N s% [xswL 1ni Ski "o�mc nNaualu¢9 4 I R� unbtcc NOR)N +� 3u wk MR RbKn FEDI 1. TiaMui61. LLmea � GNAI pOACQ 4a1°ivh �RYviaionY W MSlk P L�LYIT 9'M °< IL GFS 1{A Xu[ �MiCAL HELD [H.m .__ .� r wY SERVICE IRG I�ml ® e% :6 wum.nwl� CC— �al I 13 I I3 Lmv �' uu� r 1 ne n II MRM PROJECT L_. E f...�A �� ."�w fw r � m`w• MANAGEMS�MENT. LLC u 000x ssfm v.�.w W'='� °oaax�--- BEAVER STREET A101tl' ...x°� P..... m,. wm .� EMHIBIT B- AUL AREA a"'P AUL-1 IWdIp/ytlf mi[AAa 1 EXHIBIT C I AMENDMENT OF NOTICE ACTIVITY AND USE LIMITATION OPINION 1 In accordance with the requirements of 310 CMR 40.1081,this Notice of Activity and Use Limitation(AUL) Opinion has been prepared for the parcel of land owned by the MRM Project Management,LLC, Michael Hubbard, Manager(the "Owner"), located at 60 Grove Street, Salem,Essex County, Massachusetts 01970. The site formerly known as Salem Oil and Grease (Salem O&G), is currently a vacant manufacturing facility that has been abandoned since 2002. The area to which the AUL has been applied,the "AUL Area", is the entire Property as described in Exhibit A and shown on Exhibit B. The Property consists of three parcels identified as Lots 236,237 and 239 on the City of Salem Assessors Map 16. The Disposal Site as defined in the Phase II—Comprehensive Site Assessment is the AUL Area shown on Exhibit B. I The City of Salem has approved a mixed used development for the Property. The approved redevelopment plan includes commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments. The apartments will be leased with a central management responsible for maintaining and operating the Property. This AUL Opinion describes the site history,type and location of residual contamination, response actions taken to date,risk characterization process,reasons for an AUL,permitted activities and uses, inconsistent activities and uses, and obligations and conditions necessary to maintain a level of"No Substantial Hazard" as defined by the Massachusetts Contingency Plan. Site History,Type and Location of Residual Contamination,Response Actions The Site was historically used as a sand pit, gristmill,tannery, gas tank storage facility, and most recently for the manufacturing of leather conditioning oil. The Site was first industrialized as a gristmill in the 1700s. Prior to 1912,portions of the site were used by the Frye Tannery, Sims Morocco Factory, King Upton Felting Mills, Salem Gas Light Company, and the Bay State Belting Company. In 1912, Salem O&G occupied 60 Grove Street,they grew to acquire the eastern portion of 64 Grove Street in the 1930's. They acquired the western portion of 64 Grove Street and 3 Harmony Grove Road in 1965 after the tannery burned. Salem O&G evolved from manufacturing whale oil products to the production of proprietary blends of specialty oils for the leather tanning industry. The oils were manufactured using fish oils,vegetable oil, mineral oil and animal fats. Manufacturing operations were terminated at the Site in 2002. The Site is listed under Release Tracking Numbers (RTN) 3-2131, 3-22167 and 3-24908. RTN 3-2131 was issued in 1989 following a Phase I investigation. RTN 3-22167 was issued in 2002 for a sudden release of EP-290 oil when a plastic storage tank fell of a forklift on a loading dock. RTN 3-24908 was issued in 2005 for a release of oily wastewater sludge from the wastewater sludge accumulation tank. The following is brief summary of the related RTNs. 3.1 RTN 3-2131 On April 15, 1989, MADEP issued a Notice of Responsibility (NOR)to Salem O&G based on the findings of a Phase I investigation. A Waiver of Approval was issued and Phase II Comprehensive Site Assessment Report and Phase III Report on Remedial Action Alternatives were submitted in December 1991. A Phase IV Report was filed in August 1994. The investigations were completed in accordance with 310 CMR 40.000. i I i The contaminants-of-concern(CDCs)in soil included poly-aromatic hydrocarbons (PAHs),total petroleum hydrocarbons (TPH), and heavy metals arsenic, lead, and chromium. The investigation indicated that ground water was not significantly impacted by the releases. Based on the investigation, a soil removal action was recommended for the former tannery area, several areas were capped with bituminous pavement and several building's basements were secured. A soil remediation was implemented and a Waiver Completion Statement was filed on June 6, 1994. The Waiver Complete Statement stated that a"Permanent Solution,"based in part on an AUL had been achieved. The AUL restricted the use of three portions of the Property and access to the basements of the Former Sulfonation Building, Office Building, Finishing Building and Cooperage Room Building. The AUL,referred to as a"Notice of Environmental Restriction" was recorded in on August 16, 1994, in Book 12,708 on Page 172. The 1994 AUL has not been rescinded as of the filing of this AUL. 3.2 RTN 3-22167 On October 2, 2002, a sudden release of oil,EP-290, occurred while personnel were transferring a 300-gallon capacity plastic AST. The release occurred when an AST fell off of the forklift handling it. Product was release to loading dock and adjacent area. Salem O&G contracted emergency response and LSP services to contain the release, prevent migration to Strongwater Brook and remove impacted soil under a verbal IRA. On April 23, 2003, the LSP of Record resigned because Salem O&G did not pay for services rendered. Between January and June of 2004, MADEP issued several NONs to Salem O&G for failing to comply with the MCP requirements and time lines. In 2007, under new ownership the RTN was assessed and then linked to RTN 3-2131 and included in the overall site assessment. 3.3 RTN 3-24908 On June 10,2005, prompted by a request from the Salem Fire Department, MADEP issued an NOR to the Blubber Hollow Realty Trust,the former property owner, for a release of wastewater sludge from the accumulation tank adjacent to the "Finishing Building." The 6,000-gallon capacity AST had overflowed from rainwater entering the open top of the tank. The release spread out on the concrete spill containment pad located adjacent to the AST and the "Finishing Building." The NOR from MADEP also required the containment and removal of the abandoned OHM containers left over from the former operations and assessment of the Property. Blubber Hollow Realty Trust informed MADEP that they were financially incapable of addressing the sludge release or the overall requirements of the NOR and that they were in the process of selling the Property. After a failed attempt to sell the Property and multiple exchanges with MADEP the Blubber Hollow Realty Trust transferred the Property to MRM. On June 23, 2006, MADEP issued a NOR for RTN 3-24908 to MRM for the sludge release, site security, removal of the OHM containers and overall assessment of the Property. On August 24, 2006, an IRA Plan was submitted to MADEP for the removal of the OHM left on the Property by the former manufacturing operations. The IRA remained open until February 2009. RTN 3-24908 was linked to RTN 3-2131 when the Phase I-Initial Site Investigation and Tier Classification were filed. I I NATURE AND EXTENT OF CONTAMINATION The nature and extent of soil, ground water and sediment contamination has been derived from current 2012 Phase II and former 1991 investigation data. Site wide CDCs include PAHs, arsenic, chromium, and lead. The source(s) of contamination is not attributed to a single release, but the result of the industrial and manufacturing activities performed at the Site for approximately 150 years. Site wide CDCs are widespread in the top three to six feet of soil and are associated with the presence of coal, coal and wood ash, and clinkers. In localized areas (AUL2) the thickness of the fill has been observed to be much as 12 feet. The materials were used as fill for grading the Property. Beneath the buildings the release mechanism was leaching and infiltration via the floor cracks and drains of the buildings. The South Essex Sewer District (SESD)pile is soil that was brought onto the Property during the construction of a sewer line along Harmony Grove Road. Former Tannery Infiltration(FTI)is located north of Building 59 between the railroad tracks and the North River. This area is where the sludge beds for the former tannery are located. At least two sludge beds are known to be located here. COCs in the sludge include PAHs,EPH,VOCs, and metals. Concentrations of arsenic, chromium and EPH exceed Upper Concentration Limits (UCLs) and the area is a"Hot Spot" as defined by the MCP. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. UCLs are exceeded in a couple of other isolated spots elsewhere on site but resampling has determined that the concentrations are pervasive and those areas are not considered"Hot Spots." Minimal concentrations of EPH, arsenic, barium, chromium and VOCs have also been detected in groundwater. All of the detected concentrations are significantly below MCP Cleanup Standards even in the FTI area. Sediment analytical results from Strongwater Brook(North River Canal) show PAH and metals impacts are widespread indicating a non-point source not associated with the site. Impacts appear upstream, downstream and adjacent to the Site. Given the history of the river accepting numerous discharges from the leather industry upstream in Peabody, elevated background concentrations were expected. Past industries at the property are known to have discharged to the river but the releases of COCs from the regulated"Disposal Site"are not known to be directly impacting the surface water or sediment in the river. Ground water is not affected by the "Disposal Site"therefore, the discharge of ground water to the river is not impacting surface water or sediment. Surface water analytical results from the North River Canal show no impact to the waters from the Site. Risk Characterization Process and Reasons for an AUL The conclusion of the Method 1 Risk Characterization presented in the Phase Il report was that a Condition of No Significant Risk" (NSR) did not exist on the site due to potential exposure to contaminants in soil. The report concluded that exposure pathways had to be eliminated by excavation and capping and that an AUL would be required to prohibit direct contact with soil under any scenario unless remedial response actions are successful in achieving a condition of NSR for all exposure pathways. This conclusion was based primarily on the FTI being a"Hot Spot"that would present a Substantial Hazard is left uncontrolled. { { II A Method 1 Risk Characterization was presented in the Phase II report. The current scenario is that the property remains a vacant industrial Property for the short tern while the redevelopment plan is take through the permit process. The approved redevelopment plan permits commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments leased with a central management responsible for maintaining and operating the Property. Potential receptors under current use include trespassers and above grade demolition workers exposed to contaminated soil via ingestion and/or dermal adsorption. During redevelopment there will be construction workers and post construction there will be residents. The site wide risk driver is arsenic in soil. The FTI is a"Hot Spot"that was evaluated separately. Ground water has not been impacted. MADEP Short Forms were used to calculate the risk to each receptor. Site wide there is NSR to trespassers or above grade demolition workers. There is a risk to construction workers and future residents unless remedial response actions are implemented and site use is controlled using an AUL. The FTI is a"Hot Spot" and would present a Substantial Hazard is left uncontrolled. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. The North River controls access on the opposite side. The majority of the Property is fenced and routinely patrolled as part of a fire watch. The reasons for this AUL are to control the access and current use of the site and FTI area and to facilitate the remediation process to be implemented during the redevelopment project. 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any above grade non-intrusive activities including but not limited to building demolition; (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment, roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who . has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures the condition of"No Significant Risk" is maintained in accordance with applicable regulations and policies that may be in effect; and (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place . only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk" is maintained for future uses. (iii) Occupation of the Property shall not be permitted until a Phase IV Completion Statement has been prepared and filed with MADEP (iv) The integrity of the chain lick fence surrounding the Former Tannery Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil and/or hazardous material is constructed as part of the remedial action alternative; 1 (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Health and Safety Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. ASHAAA OFn y, LUKEm F�BRI " C LSP. r N0.9ggB ` Luk *Licensed, Site Professional 9FcISTEp�°�eArp` ►�3/1E PROFE�� DATE: April 8, 2013 `"'^� COW,IOMNEALTH OF MASSACHUSETTS ESSEX REGISTRY OF EE'.S,S0,CIST. SALEM,MASS ESSEX SS C 20 AT U /OrIiECG A ST: U.� Q REGISTER LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: SALEM OIL&GREASE CO 2. Street Address: 60 GROVE ST 3. City/Town: SALEM 4. ZIP Code: 019700000 ''r1 ' 0 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. ❑ a. Tier 1A ❑ b. Tier 1 B ❑ c. Tier 1 C ✓❑ d. Tier 2 6. If a Tier I Permit has been issued, provide Permit Number: B. THIS FORM IS BEING USED TO: (check one) ❑ 1. Submit a certified copy of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. ❑ 2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuant to 310 CMR 40.1080. ❑ 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081 ❑ 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3). ❑ 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Submit a certified copy of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑ 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3). ❑ 8. Submit a certified copy of a Partial Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(2). ❑ 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c), Q 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11. Provide Additional RTNs: Q a. Check here if this AUL Submittal covers additional Release Tracking Numbers (RTNs). b. Provide the additional Release Tracking Number(s) _ 22167 - 24908 covered by this AUL Submittal. (All sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A is required for all submittals listed above) Revised:06/27/2003 Page 1 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) C. AUL INFORMATION: 1. Document(per Section B) Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: ESSEX SOUTHERN DISTRICT REGISTRY OF DEEDS b. Book and Page Number and/or Document Number: 32452 577 c. Date of recording and/or registration: 5/9/2013 mm/ddNvyv 2. Is the address of the property subject to AUL different from the disposal site address listed above? ❑✓ a. No ❑ b. Yes If yes,then fill out address section below. 3. Street Address: 4. City/Town: 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. Check all that apply: ❑ a.change in contact name ❑ b. change of address ❑ c. change in the person undertaking response actions 2. Name of Organization: MRM PROJECT MANAGEMENT LLC 3. Contact First Name: MICHAEL 4. Last Name: HUBBARD 5. Street: 19 ABBOTT ST 6.Title: 7. City/Town: BEVERLY 8. State: MA 9. ZIP Code: 1019150000 10. Telephone: 9783601305 11.Ext.: 12. FAX: 13. Is the person described in this section the owner of the property? ❑✓ a. Yes ❑ b. No, if checked then Section G must be filled out by at least one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment. E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) ❑✓ 1. RP or PRP ❑✓ a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter ❑ e. Other RP or PRP Specify: ❑ 2. Fiduciary, Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.5(j)) ❑ 4. Any Other Person Submitting AUL Specify: Revised: 06/27/2003 Page 2 of 4 j0111111111PP Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) a - 2131 w F.REQUIRED ATTACHMENT AND SUBMITTALS: 1. Check here to certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any, in accordance with 310 CMR 40.1074(1)(e),via certified mail. ❑ a. Check here if there were no record interest holders. b. Date of certified mailing: 4/9/2013 mm/dd/yyyy ❑✓ c. Check here to certify that names and addresses of all record holders notified is attached. 2. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or ❑✓ terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official,and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. 3. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or ❑✓ terminating the AUL, a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. ❑✓ 4. Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies) where the property subject to the AUL is located, a copy of the notice was/will be submitted to DEP. 5. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or ❑✓ terminating the AUL,a certified copy of the AUL, including the LSP Opininon containing the material facts,data,and other information, will be submitted to DEP. ❑ 6. Check here if any non-updatable information provided on this form is incorrect,e.g. Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome ❑ Statement is being submitted, check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.I, , attest under the pains and penalties of perjury that I am the owner of said property(ies), subjecttotheAUL 2 3. Date: Signature mm/dd/yyyy 4. Name of Organization: 5, Contact First Name: 6. Last Name: 7. Street: 8.Title: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext.: 14. FAX: Revised: 06/27/2003 Page 3 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) F3-1 - 2131 H. CERTIFICATION OF PERSON MAKING SUBMITTAL: 1 I Michael Hubbard I ,attest under the pains and penalties of perjury(i)that 1 have personally examined and am familiar with 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. 1/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate, or incomplete information. Pursuant to 310 CMR 40.1074(1)(f), I also hereby certify under penalties of perjury, that either I(if person subm itting the AUL Transmittal Form is the property owner), or 2. Name of Property Owner am/is identified on the Notice of AUL as the owner of the property subject to the AUL,owned such property on the date that the AUL was recorded and/or registered 3. By: Michael Hubbard n� ' • 4� "+ : 4. Title: Signature 5. For: MRM PROJECT MANAGEMENT LLC 6. Date: 5/9/2013 (Name of person or entity recorded in Section D) mm/dd/yyyy 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext.: 14. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Received by DEP on 5/9/2013 6:20:54 PM Revised: 06/27/2003 Page 4 of 4 r�o 2013050900382 Bk;32452 Pg;571 i 05/09/2013 03:35 NOTC RUL Pg 1/19 4 Form 1075 CONFIRMATORY NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: 60 Grove Street Former Salem Oil and Grease DEP Release Tracking No.(s): 3-2131, 3-22167 and 3-24908 This Confirmatory Notice of Activity and Use Limitation ("Notice") is made '• as of this 9"' day of May, 2013, by MRM Project Management, LLC, of 9 Abbott Street, Beverly, Massachusetts, 01915, together with its successors and assigns (collectively "Owner"). p. WITNESSETH: r t WHEREAS, Michael Hubbard, Member of MRM Project Management, LLC, is the owner in fee simple of those certain parcels of land located in Salem, Essex i County, Massachusetts with the buildings and improvements thereon, pursuant to a deed i recorded with the Essex County (Southern District) Registry of Deeds in Book 25700, Page 109; WHEREAS, said parcels of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof('Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in ` the Essex County (Southern District)Registry of Deeds in Plan Book 152,Plan 98; r WHEREAS, the Property comprises all a disposal site as the result -o-f--a-- release farelease of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the N Disposal Site in accordance with M.G.L. c. 21E ("Chapter 210) 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 Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion('AUL Opinion"), dated April 8, 2013,which is attached hereto as Exhibit C and l made a part hereof; ! NOW, THEREFORE, notice is hereby ,given that .the activity and use limitations set forth in said AUL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any above grade non-intrusive activities including but not limited to building demolition; (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment, roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the — activities-and-uses-set-forth-inthis Paragraph;and _- — -- --- (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety,public welfare or the environment or in a substantial hazard,are as follows: (i) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no l greater risk of harm to health, safety,-public welfare or the environment and ensures the condition of"No Significant Risk" is maintained in accordance with applieabie regulations-arid policies that may be in effect;and I (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk" is maintained for future uses. --(iii) -Occupation-of-the-Property-shall-not-be-pennitted--until-a-Phase-I-V-Completion- Statement has been prepared and filed with MADEP (iv) The integrity of the chain lick fence surrounding the Former Tannery Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive. Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil - - - and/or hazardousmaterialis constructed as part of remedial action alternative; i I Y A • (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the project; and vii A Health and Safe Plan must be (vii) Safety prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Health and Safety Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. i 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at 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 invalidate the conclusion that no substantial hazards remain. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon { which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the Iprior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq, and l without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. -lf-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 I operator 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 1 CMR 40.0020. 6. Incorporation Into Deeds, Mortgages Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other Iinstrument of transfer, whereby an interest in and/or a right to use the Property or i a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Confirmatory Notice, said Confirmatory 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. This Confirmatory Notice of Activity and Use Limitation is given to correct the inadvertent error(s) made in the Notice of Activity and Use Limitation dated April 24, 2013, and recorded with the Essex County (Southern District) Registry of Deeds in Book 32409, Page 54, said error(s) being as follows: (i) failure to record form BWSC-113A as Exhibit D; and (ii) failure to record the signatory authority of the MRM Project Management LLC as Exhibit E. In all other respects the terms of the Notice of Activity and Use Limitation remain unchanged. WITNESS the execution hereof under seal this 9"' day of May 2013. Michael Hubbard, Member of the ect anagement,LLC Date: May 9, 2013, ' cha 1Iu ar COMMONWEALTH OF MASSACHUSETTS Essex, ss May 9, 2013 On this 9"' day of May, 2013, before me, the undersigned notary public, personally-appeared Michael Hubbard,-proved to methrough_satisfactory., - - - evidence of identification,which was a driver license,to be the person whose j name is signed on the preceding or attached document, and acknowledged to SII . - .- i me that he signed it voluntarily for its stated purpose, as Manager for MRM Project Management, a Limited Liability Corporation V ' Notary Signature Notary Seal My commission expires J CARLA S.COX 111 r5�, Notary MASS CChi myco LTHOF ssion Expires 'B My Commission Fxpiree December 1,2017 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 Confirmatory Notice of Activity and Use Limitation is consistent with the terms set forth in said Activi and Use Limitation Opinion. Date: May 9, 2013, LSP Sea! / Luke A. Fabbri,LSP COMMONWEALTH OF MASSACHUSETTS Essex, ss May 9, 2013 On this 9`i' day of May, 2013, before me, the undersigned notary public, -- - personally--appeared-Luke-A.--Fabbn -proved-to--me-through--satisfactory- evidence of identification, which was a driver license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Signature Notary Seal My commission expires e. CARLA S. COX UI) Notary publb COMMONWEALTH OF MASSgCHUSETIS My Commission Expires December 1,2017 Upon recording, return to: MRM Project Management, LLC. i 9 Abbott Street Beverly.MA 01915 i EXHIBIT EXHIBIT A I -- ��' f`, IIIIIIII�IIIIIIIIIIINIIII�IIIIIII�IIIIIII 2006052400158 Bk IM@ Pq;109 DEED 09/24/2009 17:00:00 DEED PO 112 Property Address: 60 and 64 Grove Street and 3 Harmony Grove Road,Salem,MA Erik K. Smith,Trustee of Blubber Hollow Realty Trust under Declaration of Trust dated June_ 18, 1965,recorded at Essex South District Registry of Deeds in Book 5292,Page 170, for consideration of$214,000.00 paid and other valuable consideration,hereby grants to NTUM Project Management, LLC, a limited liability company duly organized and validly existing under v the laws of the Commonwealth of Massachusetts AbbottBeverly, husetts of 9 Abb .Street IA 01915 with �o quitclaim covenants, v All of the land in Salem, Essex County, Massachusetts, described as Parcel One, Parcel Two, Parcel Four, Parcel Five, and Parcel Six in deed dated June 1, 1967, from Salem Oil & Grease t`^ Co. to the Trustees of Blubber Hollow Realty Trust, recorded at Essex South District Registry of >—� Deeds in Book 5452, Page 120, meaning and intending to describe the land shown-is Assessor's Parcels 236 and 237 on Assessor's Plan #16, and is the land shown on Plan recorded with said o Registry in Plan Book 152, Plan 98, as the parcel containing 5.44 acres (excepting a portion thereof which was transferred by Deed filed as Document 406956 at the Southern Registry c District for Essex County), the parcel containing 26,945 square feet, and the parcel described in _Deed_recorded.at said-Registry-in-Book-7654,-Page-26;-and---- All ook7654 Page26;-and----All of the land in Salem, Essex County, Massachusetts, contained within Assessor's Parcel #239 on Assessor's Plan#16,known as 3 Harmony Grove Road, which land consists of 'D a (a) The parcel of land in Salem, Essex County,Massachusetts, shown on a plan recorded at O said Registry in Plan Book 152, Plan 98, as containing"Area 20,990 square feet", lying l9 C� between the railroad tracks now or formerly of the Massachusetts Bay Transportation Authority and the North River; and (b) the triangular parcel of land bounded Northeasterly by Harmony Grove Road, about 115 feet, Southwesterly by the old canal about 112 feet, and Southeasterly by land of Harmony Grove Cemetery Corporation about 28 feet, described in deed from Robert L. Smith to Robert L. Smith et al, Trustees of Blubber Hollow Realty Trust recorded at said Registry in Book 5292,Page 183; and (c) all of the land and flats which are appurtenant to all of the above-described parcels of land, lying Northerly and Northeasterly of the location of the Boston and Maine Rail-road,as described in.deed_recorded at said.Registry in Book 5292,Page 183;-and- c4,�t (ax (d) the land shown on Plan recorded at Essex South District Registry of Deeds in Plan Book 152, Plan 98, which is bounded Southerly by the North River, Easterly by land of"— Harmony Grove Cemetery Corporation; Northeasterly by the triangular parcel described above in subparagraph(b),Northerly by Harmony Grove Road, and Westerly by land of the Harmony Grove Cemetery Corporation; and (e) such portions of the said Assessor's Parcel 239 as are located within the boundaries of the North River, subject to the rights of others thereto, if any. _ Said land is conveyed together with the right to pass and repass on foot and with vehicles, in common with Boston and Maine Corporation, and its successors and assigns, and with others now or hereafter having rights therein, on, over and across a tract of land containing about 894 square feet of land and shown as `Permanent (crossing) Easement" on the plan recorded with Deed from Boston and Maine Corporation to the Grantor, dated February 10, 1967, at said Registry in Book 5452, Page 111, subject to the restrictions, reservations and agreements contained in said Deed. _ Executed as a sealed instrument this Z3 day of May,2 i 't Erik K. Smith,Trustee COMMONWEALTH OF MASSACHUSETTS Essex, SS - - - - -- - -----On this--- --day of--May,2006,-before-me,-the-undersigned-notary public,-personally-appeared----- . - Erik K. Smith, Trustee as aforesaid, proved to me through satisfactory evidence of identification, which was currently valid Massachusetts driver's license issued by the Commonwealth of Massachusetts Registry of Motor Vehicles, to be the person whose name is signed on the preceding document, and acluiowledged to se mat he signed it voluntarily for its stated purpose. Notary My commission expires: 12,17` f D F:URW\4190_05-0807deed to LLC.doc - �. CARLA S.COC _ -_ NotaryPublic SALE✓td Commonwealthmmis l Massachusetts MYY Commission Expires DEE G 10TV December 17,2010 05/24/06 10:58AN 01 000600#3680 FEE _ ;975.04 CASH i i i KEY —� F..".-7-1:l- AUL AREA ftopp Um uZ — wow 1 NORM RIPER CANAL ROAAUT I R �I"mmu _�i, µms, f,„�ISI'IGp�i""w�t�Cittr^ AIFw"4'GI s��+ui%w, w.w MAI-P 6smL u��Tey�}e� 1 NLI4A/ $u M0 {s1P69 nwa. II��jj u4Y1 m ReNsicnS o �1r, l\ \\ \� `s.,`'Yl l .. �T• prune -- q{_r L Moe tB wi 9'>R 1 « M9dTpC! IL a CFS ,Na tNC. lyy Nw� I t' I twn I 1� 9 f 6" W%WO IC upn maul �� p1T RWPo n.t!' M101M41Nr µ N � NflN PROJECT Imo f-� ` ��L®___L __J�.__ _ �• 888"' wvnw I NANA�ENMALLC BEAVER STREET X1tl - aPon w.0 . nmmmmwRM t Iwo cant wm nww I°v nw•w mn aLlmmw EWBITB- AU AREA cRlwwc xNc 6%Is rs enu,l% AUL-1 '. nrwlsnN+ 9m ws li EXHIBIT C AMENDMENT OF NOTICE ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.108 1,this Notice of Activity and Use Limitation(AUL) Opinion has been prepared for the parcel of land owned by the MRM Project Management,LLC, Michael Hubbard, Manager (the "Owner"), located at 60 Grove Street, Salem,Essex County,Massachusetts 01970. The site formerly known as Salem Oil and Grease (Salem O&G), is currently a vacant manufacturing facility that has been abandoned since 2002. The area to which the AUL has been applied,the "AUL Area", is the entire Property as described in Exhibit A and shown on Exhibit B. The Property consists of three parcels identified as Lots 236, 237 and 239 on the City of Salem Assessors Map 16. The Disposal Site as defined in the Phase II—Comprehensive Site Assessment is the AUL Area shown on Exhibit B. The City of Salem has approved a mixed used development for the Property. —1 approved redevelopment plan includes commercial use on 60 Grove Street(the Office Building side)and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments. The apartments will be leased with a central management responsible for maintaining and operating the Property. This AUL Opinion describes the site history, type and location of residual contamination, response actions taken to date, risk characterization process, reasons for an AUL, permitted activities and uses, inconsistent activities and uses, and obligations and conditions necessary to maintain a level of"No Substantial Hazard" as defined by the Massachusetts Contingency Plan. Site History, Type and Location of Residual Contamination,Response Actions The Site was historically used as a sand pit, gristmill, tannery, gas tank storage facility, and most recently for the manufacturing of leather conditioning oil. The Site was first industrialized as a gristmill in the 1700s Prior to 1912 portions of the site were used by the Frye Tannery, Sims Morocco Factory, King Upton Felting Mills, Salem Gas Light Company, and the Bay State Belting Company. In 1912, Salem O&G occupied 60 Grove Street,they grew to acquire the eastern portion of 64 Grove Street in the 1930's. They acquired the western portion of 64 Grove Street and 3 Harmony Grove Road in 1965 after the tannery burned. Salem O&G evolved from manufacturing whale oil products to the production of proprietary blends of specialty oils for the leather tanning industry. The oils were manufactured using fish oils,vegetable oil, mineral oil and animal fats. Manufacturing operations were terminated at the Site in 2002. The Site is listed under Release Tracking Numbers (RTN) 3-2131, 3-22167 and 3-24908. RTN 3-2131 was issued in 1989 following a Phase I investigation. RTN 3-22167 was issued in 2002 for a sudden release of EP-290 oil when a plastic storage tank fell of a forklift on a loading dock. RTN 3-24908 was issued in 2005 for a release of oily wastewater sludge from the wastewater sludge accumulation tank. The following is brief summary of the related RTNs. 3.1 RTN 3-2131 On April 15, 1989, MADEP issued a Notice of Responsibility (NOR)to Salem O&G based on the findings of a Phase I investigation. A Waiver of Approval was issued and Phase II Comprehensive Site Assessment Report and Phase III Report on Remedial Action Alternatives were submitted in December 1991. A Phase IV Report was filed in August 1994. The investigations were completed in accordance with 310 CMR 40.000. The contaminants-of-concent(COCs) in soil included poly-aromatic hydrocarbons (PAHs),total petroleum hydrocarbons (TPH), and heavy metals arsenic, lead, and chromium. The investigation indicated that ground water was not significantly impacted by the releases. Based on the investigation, a soil removal action was recommended for the former tannery area, several areas were capped with bituminous pavement and several building's basements were secured. A soil remediation was implemented and a Waiver Completion Statement was filed on June 6, 1994. The Waiver Complete Statement stated that a"Permanent Solution,"based in part on an AUL had been achieved. The AUL restricted the use of three portions of the Property and access to the basements of the Former Sulfonation Building, Office Building,Finishing Building and Cooperage Room Building. The AUL, referred to as a"Notice of Environmental Restriction" was recorded in on August 16, 1994, in Book 12,708 on Page 172. The 1994 AUL has not been rescinded as of the filing of this AUL. 3.2 RTN 3-22167 On October 2, 2002, a sudden release of oil,EP-290, occurred while personnel were transferring a 300-gallon capacity plastic AST. The release occurred when an AST fell off of the forklift handling it. Product was release to loading dock and adjacent area. Salem O&G contracted emergency response and LSP services to contain the release, prevent migration to Strongwater Brook and remove impacted soil under a verbal IRA. On April 23,2003,the LSP of Record resigned because Salem O&G did not pay for services rendered. Between January and June of 2004, MADEP issued several NONs to Salem O&G for failing to comply with the MCP requirements and time lines. In 2007, under new ownership the RTN was assessed and then linked to RTN 3-2131 and included in the overall site assessment. 3.3 RTN 3-24908 On June 10, 2005, prompted by a request from the Salem Fire Department, MADEP issued an NOR to-the-Blubber-Hollow-Realty Trust,the former property owner, fora release of wastewater - sludge from the accumulation tank adjacent to the "Finishing Building." The 6,000-gallon capacity AST had overflowed from rainwater entering the open top of the tank. The release spread out on the concrete spill containment pad located adjacent to the AST and the "Finishing Building." The NOR from MADEP also required the containment and removal of the abandoned OHM containers left over from the former operations and assessment of the Property. Blubber Hollow Realty Trust informed MADEP that they were financially incapable of addressing the sludge release or the overall requirements of the NOR and that they were in the process of selling the Property. After a failed attempt to sell the Property and multiple exchanges with MADEP the Blubber Hollow Realty Trust transferred the Property to MRM. On June 23, 2006, MADEP issued a NOR for RTN 3-24908 to MRM for the sludge release, site security, removal of the OHM containers and overall assessment of the Property. On August 24, 2006, an IRA Plan was submitted to MADEP for the removal of the OHM left on the Property by the former manufacturing operations. The IRA remained open until February 2009. RTN 3-24908 was linked to RTN 3-2131 when the Phase I- Initial Site Investigation and Tier Classification were filed. - NATURE AND EXTENT OF CONTAMINATION The nature and extent of soil, ground water and sediment contamination has been derived from current 2012 Phase II and former 1991 investigation data. Site wide COCs include PAHs, arsenic, chromium, and lead. The source(s) of contamination is not attributed to a single release, but the result of the industrial and manufacturing activities performed at the Site for approximately 150 years. Site wide COCs are widespread in the top three to six feet of soil and are associated with the presence of coal, coal and wood ash, and clinkers. In localized areas (AUL2)the thickness of the fill has been observed to be much as 12 feet. The materials were used as fill for grading the Property. Beneath the buildings the release mechanism was leaching and infiltration via the floor cracks and drains of the buildings. The South Essex Sewer District (SESD)pile is soil that was brought onto the Property during the construction of a sewer line along Harmony Grove Road. Former Tannery Infiltration(FTI) is located north of Building 59 between the railroad tracks and the North River, This area is where the sludge beds for the former tannery are located. At least two sludge beds are known to be located here. CDCs in the sludge include PAHs,EPH,VOCs, and metals. Concentrations of arsenic, chromium and EPH exceed Upper Concentration Limits (UCLs)and the area is a"Hot Spot"as defined by the MCP. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. UCLs are exceeded in a couple of other isolated spots elsewhere on site but resampling has determined that the concentrations are pervasive and those areas are not considered"Hot Spots." Minimal concentrations of EPH, arsenic, barium, chromium and VOCs have also been detected in groundwater. All of the detected concentrations are significantly below MCP Cleanup Standards even in the FTI area. Sediment analytical results from Strongwater Brook(North River Canal) show PAH and metals impacts are widespread indicating a non-point source not associated with the site. Impacts appear upstream, downstream and adjacent to the Site. Given the history of the river accepting numerous discharges from the leather industry upstream in Peabody, elevated background concentrations were expected. Past industries at the property are known to have discharged to the river but the releases of COCs from the regulated"Disposal Site" are not known to be directly impacting the surface water or sediment in the river. Ground water is not affected by the "Disposal Site"therefore,the discharge of ground water to the river is not impacting surface water or sediment. Surface water analytical results from the North River Canal show no impact to the waters from the Site. Risk Characterization Process and Reasons for an AUL The conclusion of the Method 1 Risk Characterization presented in the Phase II report was that a Condition of No Significant Risk" (NSR) did not exist on the site due to potential exposure to contaminants in soil. The report concluded that exposure pathways had to be eliminated by excavation and capping and that an AUL would be required to prombit-direct contact with soil under any scenario unless remedial response actions are successful in achieving a condition of NSIZ for all exposure pathways. This conclusion was based primarily on fie FTI being a"Hof Spot" that would present a Substantial Hazard is left uncontrolled. A Method I Risk Characterization was presented in the Phase II report. The current scenario is that the property remains a vacant industrial Property for the short term while the redevelopment plan is take through the permit process. The approved redevelopment plan permits commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments leased with a central management responsible for maintaining and operating the Property. Potential receptors under current use include trespassers and above grade demolition workers exposed to contaminated soil via ingestion and/or dermal adsorption. During redevelopment there will be construction workers and post construction there will be residents. The site wide risk driver is arsenic in soil. The FTI is a"Hot Spot'that was evaluated separately. Ground water has not been impacted. MADEP Short Forms were used to calculate the risk to each receptor. Site wide there is NSR to trespassers or above grade demolition workers. There is a risk to construction workers and future residents unless remedial response actions are implemented and site use is controlled using an AUL. The FTI is a"Hot Spot'and would present a Substantial Hazard is left uncontrolled. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. The North River controls access on the opposite side. The majority of the Property is fenced and routinely patrolled as part of a fire watch. The reasons for this AUL are to control the access and current use of the site and FTI area and to facilitate the remediation process to be implemented during the redevelopment project. 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any -___abov_e grade non-intrusive activities including but not limited to building demolition,- __- (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment,roof repairs and c'uier repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below, (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and - uses set fortn-in thisParagraph;-and i (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures the condition of"No Significant Risk" is maintained in accordance with applicable regulations and policies that may be in effect; and (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such. as a park or athletic field, and/or residence: 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or - -- —conditions-to-be undertaken and/or maintained-at-the-Property-to-eliminate-a-substantial-hazard as - set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk"is maintained for future uses. (iii) Occupation of the Property shall not be permitted until a Phase IV Completion Statement has been prepared and filed with MADEP (iv)The integrity-of the chain lick fence surrounding.the_Former_Tannery- Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (TJCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil and/or hazardous material is constructed as part of the remedial action alternative; (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately — -- — trained in-worker health-and safety-procedures and-requirements:-The-Health and-Safety- Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. LS AAA"4 L e Fab ,Licensed Site Professional A tOOFkio_c� DATE: ALL 8, 2013 LUAKE �y FABBRI ► 0.9988 �'dS9f01sr ►j�SIrE PR EXHIBIT D Massachusetts Department of e=nvironmental Protection ILIBureau of Waste Site Cleanup BWSC713A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) F - 2939 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: SALEM OIL&GREASE CO 2. Street Address: 60 GROVE ST 3. City/Town: SALEM 4. ZIP Code: 01970-0000 B. THIS FORM IS BEING USED TO: (check one) ❑ 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response ❑ Action Outcome Statement,pursuant to 310 CMR 40.1080.include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4). 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR ❑ 40.1083(3). ❑ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). . ❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑_7._P_[ovidetheL$POpinion for anAm_endmentofaGrant of_Environmental Restriction, pursuant to_310CMR 40.1081(3). ® 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c). ❑✓ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation, pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? ❑✓ a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: 3. City/Town: 4. ZIP Code: Revised:06/27/2003 Page 1 of 2 ILIMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM �Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) [3 - 2131 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge, information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination ora Partial Termination of a Notice of Activity and Use Limitation,ora Release or Partial Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L. c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i) is being provided in accordance with the applicable provisions of M.G.L. c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); I am aware that significant penalties may result, including, but not limited to,possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete. 1. LSP#: (9988 2. First Name: LUKE A 3. Last Name: FABBRI 4. Telephone: (781)662.9800 5. EM.: 6. FAX: 7. Signature: 8. Date: I J- m ldd/yyyy 9. LSP Stamp: SH OF ILS_ -- py LUKE 5A' `N FABBRI 9 r No.9988 i IST Revised: ► oSeiEPi10�' e° Revised:06/27/2003 - Page 2 of 2 EXHIBIT E y CERTIFICATE OF ORGANIZATION OF MAY S 2006 MRM PROJECT MANAGEMENT,LLC WMgARYOFittscoD4toti�alT� p'PORAWNS DMStgN 1,the undersigned natural person of age eighteen years or more,acting as organizer of a limited liability company under the Limited Liability Act of the Commonwealth of Massachusetts, hereby adopt the following Certificateate of Organizationanization for the Limited Liability Company. ARTICLE ONE The name of the Limited Liability Company is:MRM Project Management,LLC. ARTICLE TWO The address of the principal place of business of the Limited Liability Company is: 9 Abbott Street,Beverly,MA 01915. ARTICLE THREE The name and business address of the Limited Liability Company's registered agent for service of process is:Marshall Hardly,at 9 Abbott Street,Beverly,MA 01915. ARTICLE FOUR _The_period-of_duration-of the.Limited Liability Company shall be until the earlier of(a) the Members unanimously vote to dissolve the Company, (b) the death, resignation,expulsion, retirement,bankruptcy or dissolution of any Member,(c)the purported transfer of a Member's Membership Interest, or (d) the expiration of twenty (20) years from the date of filing this Certificate of Organization with the Secretary of State. ARTICLE FIVE The name and business addresses of the initial Managers of the Limited Liability Company are: Michael Hubbard, of 3 Broadway, Beverly, MA 01915, Robert Hubbard, of 3 Broadway, Beverly,MA 01915,and Marshall Handly,of 9 Abbott Street,Beverly,MA 01915. ARTICLE SIX The name of the only other person authorized to execute documents with the Secretary of State's Office is:NONE ARTICLE SEVEN The Limited liability Company_is organized for the purpose of acquiring,improving,developing, marketing, leasing and selling real estate, and for the purpose of transacting any lawful business - - -- - for which-a limited-liability-company may be organized._ __ ARTICLE EIGHT Each of the following persons, acting singly,is authorized to execute,acknowledge,deliver and record any recordable instrument purporting to affect an interest in real estate: Michael Hubbard,Robert Hubbard,and Marshall Handly. ARTICLE NINE The remaining members of the Limited Liability Company shall not have the right to continue the business of the Company following the death,retirement,resignation,expulsion,bankruptcy, or dissolution of any Member. ARTICLE TEN The name and address of the organizer of the limited liability company is shown below. The organizer,by his signature below,affirms under penalties of perjury the truth of the matters set forth above. Mic reel Hubbard Address:3 Broadway,Beverly, x01915 - - Dated:-May 2,2006- - ?2�'+ 113. � � ._3tt+ rri??t03fa X3za:3 - L 00 T 4 JHE COMMONWEALTH OF MASSACHUSETTS Td3TTA COMMONWEALTH OFMASSACHUSETTS ESSIX REGISTRY OF DS,SO DIST. SALEM,MASS ES SS �f' B00 REC RD: E ATTEST: GIS'CER ��N� L�� ,r� � - �_� 'q Com ( ;� i �� J�/tea',! I ! ,!(.NCU. Z ; f. u. r t Griffin WGroup,Engineering FIECE STM LLC � � APR 0 9 2013 April 9, 2013 DcPT OF P :OMMUNITY DEVEELOPMEV Secretary Richard K. Sullivan, Jr. Executive Office of Energy and Environmental Affairs Attn: MEPA Office 100 Cambridge Street, Suite 900 (9`h Floor) Boston, MA 02114 Subject: Environmental Notification Form (ENF) Mixed-Use Development Grove Street & Harmony Grove Road, Salem Dear Secretary Sullivan: On behalf of the project Proponent, MRM Project Management, LLC, we are pleased to submit this Environmental Notification Form (ENF) for a mixed-used development at 60 & 64 Grove Street and 1, 3 & 5 Harmony Grove Road in Salem. The project will redevelop former industrial properties with a 17,000 square-foot commercial building and three apartment buildings providing a total of 141 housing units. The project exceeds MEPA ENF review thresholds due to anticipated daily traffic volume, removal of a structure on the Massachusetts Historical Commission's Inventory of Historic and Archaeological Assets of the Commonwealth, and the need for a non-water dependent Chapter 91 permits associated with reconstruction of vehicular and pedestrian bridges over the North River canal. Public Notice of the Environmental Review was published in The Salem News on April 5, 2013. Please do not hesitate to contact the undersigned should you have any questions or comments or require additional information. Sincerely; Grig�ring Gr up, LLC J Robert H. Griffi E. Cc: See Attached List of Agencies for ENF Distribution Phone 978-927-5111 Fax 978-927-5103 1 www,griffineng.com � f List of Attachments: 1) Environmental Notification Form(ENF) 2) Public Notice of Environmental Review 3) USGS Map 4) Plans used to develop Ch. 91 lines - Lic. 605 - Lic. 606 - MA DEP Tidelands Jurisdiction(Mass GIS DaWayer) 5) Project Plans - Sheet C-2: Existing Conditions Plan - Sheet C-3: Overall Site Layout Plan List of Required Municipal and Federal Permits: Municipal Permits 1) Planned Unit Development Special Permit(Received October 26, 2012) 2) Site Plan Review (Received October 26, 2012) 3) Wetland and Flood Hazard District Special Permit (Received October 26, 2012 4) Order of Conditions - Local Wetlands Protection Ordinance (Application Pending) 5) Building Permits Federal Permits 1) US Army Corp of Engineers Massachusetts General Permit(Category 2) List of Agencies for ENF Distribution: MEPA Office - (Original, One Copy, &First Three Pages) Secretary Richard K. Sullivan, Jr. Executive Office of Energy and Environmental Affairs (EEA) Attn: MEPA Office 100 Cambridge Street, Suite 900(9`"Floor) Boston, MA 02114 Department of Environmental Protection Boston Office (One Cony) MA DEP Commissioner's Office One Winter Street Boston, MA 02108 DEP Regional Office (One Copy) DEP Northeast Region Office Attn: MEPA Coordinator 205B Lowell Street Wilmington, MA 01887 ] T Massachusetts Department of Transportation (One Copy) Massachusetts Department of Transportation Public/Private Development Unit 10 Park Plaza Boston,MA 02116 MHD District Office (One Copy) MED - District #4 Attn: MEPA Coordinator 519 Appleton Street Arlington, MA 02476 Massachusetts Historical Commission(One Copy) The MA Archives Building 220 Morrissey Boulevard Boston, MA 02125 Applicable Regional Planning Agency(One Copy) Metropolitan Area Planning Council 60 Temple Place/6`h Floor Boston, MA 02111 City Council (One Copy) Salem City Hall Attn: City Council 93 Washington Street Salem, MA 01970 Planning Department(One Copy) Salem City Hall Annex Attn: Dept. of Planning & Community Development 4.39 Washington Street, 3`a Floor Salem, MA 01970 Conservation Commission (One Copy) Salem City Hall Annex Attn: Conservation Commission }� f39•Washington Street, 3`a Floor Salem,MA 01970 Board of Health (One Copy) Salem City Hall Annex Attn: Board of Health t W MWashington Street, 4`h Floor Salem, MA 01970 r T Coastal Zone Management (One Copy) Coastal Zone Management Attn: Project Review Coordinator 251 Causeway Street, Suite 800 Boston, MA 02114 Division of Marine Fisheries (One Copy) Division of Marine Fisheries (North Shore) Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Department of Public Health (One Copy) Department of Public Health(DPH) Director of Environmental Health 250 Washington Street Boston, MA 02115 Massachusetts Bay Transit Authority(One Copy) Massachusetts Bay Transit Authority Attn: MEPA Coordinator 10 Park Plaza, 6th Floor Boston, MA 02216-3966 r Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Massachusetts Environmental Policy Act (MEPA) Office Environmental Notification Form For Office Use Only EEA#: MEPA Analyst: The information requested on this form must be completed in order to submit a document electronically for review under the Massachusetts Environmental Policy Act, 301 CMR 11.00. Project Name: Mixed-Use Development— Legacy Park Apartments at Harmony Grove Street Address: 60 & 64 Grove Street and 1, 3 & 5 Harmony Grove Road Municipality: Salem Watershed: North Coastal Universal Transverse Mercator Coordinates: Latitude: N420 31' 20" Longitude: W70° 54' 45" Estimated commencement date: April 2013 Estimated completion date: Oct. 2014 Project Type: Residential & Commercial Status of project design: 50 %complete Proponent: MRM Project Management, LLC Street Address: P.O. Box 388 Municipality: Beverly State: MA Zip Code: 01915 Name of Contact Person: Robert H. Griffin, P.E. Firm/Agency: Griffin Engineering Group, LLC Street Address: P.O. Box 7061 Municipality: Beverly State: MA I Zip Code: 01915 Phone: 978-927-5111 Fax: 978-927-5103 1 E-mail: bgriffin@ciriffinenci.com Does this project meet or exceed a mandatory EIR threshold (see 301 CMR 11.03)? []Yes ®No If this is an Expanded Environmental Notification Form (ENF) (see 301 CMR 11.05(7)) or a Notice of Project Change (NPC), are you requesting: a Single EIR? (see 301 CMR 11.06(8)) ❑Yes ®No a Special Review Procedure? (see 301 CMR 11.09) ❑Yes ®No a Waiver of mandatoryEIR? (see 301 CMR 11.11) ❑Yes ®No a Phase I Waiver? (see 301 CMR 11.11) ❑Yes ®No (Note: Greenhouse Gas Emissions analysis must be included in the Expanded ENF.) Which MEPA review threshold(s) does the project meet or exceed (see 301 CMR 11.03)? (3)(b)l.e: New fill or structure in a regulatory floodway(replacement vehicle bridge from Harmony Grove Road into the site). (3)(b)5: New non-water dependent use of waterways or tidelands (replacement vehicle bridge from Harmony Grove Road into the site). (6)(b)14: Generation of more than 1,000 ADT on roadways providing access to a single location and construction of more than 150 new parking spaces at a single location. (10)(b)(1): Demolition of Historic Structure listed in the Inventory of Historic and Archeological Assets of the Commonwealth the former Salem Oil & Grease factory site is listed on the MACRIS database; Effective January 2011 several structures at the site will be demolished). Which State Agency Permits will the project require? A Chapter 91 license will be requested from Mass DEP for the replacement vehicle and pedestrian bridges over the North River Canal. A MBTA license(Application for Entry upon MBTA Railroad,Transit, or other Property)has been requested for improvements to the existing railroad crossing along the Harmony Grove Road access driveway. Identify any financial assistance or land transfer from an Agency of the Commonwealth, including the Agency name and the amount of funding or land area in acres: Metropolitan Area Planning Council funding(approximately$140,000; administered by the City of Salem)has been received to support site environmental assessments. Additional monies for site assessment and clean-up may be pursued. Summary of Project Size Existing Change Total & Environmental Impacts Total site acreage 8.3 New acres of land altered 0 Acres of impervious area 2.15 1.03 3.17 Square feet of new bordering vegetated wetlands alteration 0 Square feet of new other wetland 150 Inland Bank alteration 850 Under Water 80,000 BLSF Acres of new non-water dependent use of tidelands or waterways 0.6+/- Gross square footage 17,000 Commercial 135,768 Residential 152,768 sf (Ind.to be Removed) Number of housing units 0 141 141 Maximum height (feet) 41.2'(Office Bldg.) 0'(Office Bldg.) 41.2'+/-(Office Bldg.) 42'(Industrial-Demo) 7.2'(To Parapet 49.2'(Apt.Building) 97.3'(Chimney-Demo) of Building 3) TRANSPORTATION Vehicle trips per day 0(Currently Vacant) 1,144 1,144 Parking spaces 50+/- 187 237 WASTEWATER Water Use (Gallons per day) 0(Currently Vacant) 27,000 gpd 27,000 gpd Water withdrawal (GPD) 0 0 0 Wastewater generation/treatment (GPD) 0(Currently Vacant) 30,000 gpd 30,000 gpd Length of water mains (miles) 0.10 mi.(Remove) 0.22 mi.(On-Site) 0.22 mi.(On-Site) - 2 - Y 1 Length of sewer mains (miles) 0.06 mi.(Remove) 0.12 mi.(On-Site) 0.12 mi.(On-Site) Has this project been filed with MEPA before? ❑ Yes (EEA# ) ®NO Has any project on this site been filed with MEPA before? ❑ Yes (EEA# ) ®No GENERAL PROJECT INFORMATION — all proponents must fill out this section PROJECT DESCRIPTION: Describe the existing conditions and land uses on the project site: The project site is located at 60&64 Grove Street and 1,3 &5 Harmony Grove Road(Map 16; Lot 236, 237,239, 377&378) in Salem,Massachusetts. The subject parcels are transected by the North River Canal and have an aggregate area of approximately 8.3 acres. The project site is bounded to the south by the Beaver and Silver Street residential neighborhoods, to the west by the City of Peabody,to the north by Harmony Grove Road,to the northeast by commercial and industrial buildings, and to the east by Grove Street. The site is currently vacant. The majority of the site was owned and operated by the Salem Oil&Grease Co. for approximately 95 years until May of 2006. The project site is developed with multiple office, industrial, and storage buildings with associated access driveways,wood&metal bridges,parking lots, and material storage areas. The site is generally run-down with many degraded surfaces and debris scattered about the landscape. Describe the proposed project and its programmatic and physical elements: NOTE: The project description should summarize both the projects direct and indirect impacts (including construction period impacts) in terms of their magnitude, geographic extent, duration and frequency, and reversibility, as applicable. It should also discuss the infrastructure requirement of the project and the capacity of the municipal and/or regional infrastructure to sustain these requirements into the future. The proposed project consists of a comprehensive redevelopment of the former Salem Oil&Grease factory site on Grove Street and Harmony Grove Road. The redevelopment plans include the construction of three multi-family residential apartment buildings(total 141 units)on the 64 Grove Street parcel and the re-use of an approximately 17,000 square-foot commercial office building on the 60 Grove Street parcel. The redevelopment scheme will remove many dilapidated structures from the property. Primary vehicular access will be provided from Harmony Grove Road over a replaced vehicle bridge. A pedestrian bridge between the commercial and residential parcels will also be provided over the canal near Grove Street. The grounds will be well landscaped and a modern stormwater management system installed. The proposed project will clean-up a "run-down"and contaminated property adjacent to the North River Canal. The project will generate tax revenue and employment opportunities. Construction activities will be primarily limited to the site, except for utility and sidewalk improvements, and will be in compliance with applicable regulations. The construction period is estimated to be approximately one to one and one-half years. Adequate public utilities are available in the adjacent ways to support the proposed project. - 3 - 1 4 Describe the on-site project alternatives (and alternative off-site locations, if applicable), considered by the proponent, including at least one feasible alternative that is allowed under current zoning, and the reasons(s)that they were not selected as the preferred alternative: NOTE: The purpose of the alternatives analysis is to consider what effect changing the parameters and/or siting of a project, or components thereof, will have.on the environment, keeping in mind that the objective of the MEPA review process is to avoid or minimize damage to the environment to the greatest extent feasible. Examples of alternative projects include alternative site locations, alternative site uses, and alternative site configurations. The proposed project requires filing an ENF due to anticipated traffic volumes, demolition and removal of an inventoried(by the Massachusetts Historical Commission)building,and the planned replacement of existing vehicular and pedestrian bridges, a portion of which will occur in historic filled tidelands. Primary site access will be from the Harmony Grove Road entrance. Secondary access will be from Grove Street. Alternatives were considered to avoid bridge construction, such as directing all traffic to Grove Street. However,the Harmony Grove Road access is preferred due to its integration with existing traffic patterns. Conveying site traffic to Beaver Street was also considered but avoided due to the narrow width of Beaver Street. Several alternatives were considered regarding the placement of the proposed apartment buildings on the project site. For example, some alternatives considered placing the buildings closer to the canal,in the approximate location of the existing industrial buildings. The chosen alternative locates the buildings approximately 40 feet from the edge of the canal which is the maximum extent practicable and an improvement over existing conditions. It better fits existing topography and driveway locations and thereby limits the extent of redevelopment work. Summarize the mitigation measures proposed to offset the impacts of the preferred alternative: Mitigation measures include elevating the proposed replacement vehicular bridge deck and minimizing the overall depth of the bridge girders to lessen impacts on the river floodway. The bottoms of the proposed bridge girders will be located above the elevation of the existing bridge girder bottoms,which improves the hydraulic capacity of the Canal. The proposed bridge will be constructed approximately 10 feet wider (38 feet total)than the existing bridge to increase capacity and coordinate with flood control projects currently being evaluated by the US Army Corps of Engineers and the City of Peabody. Erosion and sedimentation controls will be implemented throughout construction to minimize potential impacts to the adjacent North River Canal. Proper demolition and construction techniques will be utilized to avoid impacts on the surrounding environment and neighboring properties. Stormwater runoff quality will improve due to the implementation of modem stormwater management techniques and the site-wide environmental cleanup. If the project is proposed to be constructed in phases, please describe each phase: The proposed project is not anticipated to be constructed in phases. AREAS OF CRITICAL ENVIRONMENTAL CONCERN: Is the project within or adjacent to an Area of Critical Environmental Concern? E]Yes (Specify ) ®No if yes, does the ACEC have an approved Resource Management Plan? Yes No; If yes, describe how the project complies with this plan. Will there be stormwater runoff or discharge to the designated ACEC?_Yes _No; If yes, describe and assess the potential impacts of such stormwater runoff/discharge to the designated ACEC -4 - RARE SPECIES: Does the project site include Estimated and/or Priority Habitat of State-Listed Rare Species? (see http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/priority_habitat/priority_habitat_home.htm) ❑Yes(Specify ) NNo HISTORICAL/ARCHAEOLOGICAL RESOURCES: Does the project site include any structure, site or district listed in the State Register of Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth? NYes (Specify: Salem Oil and Grease Co. & Blubber Hollow—Source: MACRIS Database) ❑No If yes, does the project involve any demolition or destruction of any listed or inventoried historic or archaeological resources? NYes (Specify: Inventoried Industrial Building on South Side of River) ❑ No WATER RESOURCES: Is there an Outstanding Resource Water(ORW)on or within a half-mile radius of the project site? _Yes X No; if yes, identify the ORW and its location. (NOTE: Outstanding Resource Waters include Class A public water supplies, their tributaries, and bordering wetlands; active and inactive reservoirs approved by MassDEP;certain waters within Areas of Critical Environmental Concern, and certified vernal pools. Outstanding resource waters are listed in the Surface Water Quality Standards, 314 CMR 4.00.) Are there any impaired water bodies on or within a half-mile radius of the project site? X Yes_No; if yes, identify the water body and pollutant(s)causing the impairment: The adjacent North River is included on MA DEP's list of waterbodies in the state that are not expected to meet EPA surface water quality standards(ref: MA DEP-Final Massachusetts 2010 Integrated List of Waters;Proctor Brook— MA93-39). According to said listing,the North River is a Category 5 waterbody impaired due to Taste and Odor, Sedimentation/Siltation,Phosphorus,Nitrogen,Foam/Flocs/Scum/Oil Slicks,Aquatic Macroinvertebrate Bioassessments,Debris/Floatables/Trash, and Fecal Coliform. Is the project within a medium or high stress basin, as established by the Massachusetts Water Resources Commission? Yes X No STORMWATER MANAGEMENT: Generally describe the project's stormwater impacts and measures that the project will take to comply with the standards found in MassDEP's Stormwater Management Regulations: Currently the site does not have a comprehensive Stormwater Management System. The proposed project will bring the site into compliance with MA DEP's Stormwater Management Regulations. A new drainage system is proposed with treatment of stormwater runoff prior to discharging to the North River Canal. Each treatment train contains a proprietary stormwater treatment device and provides a minimum of 80%TSS removal in accordance with the state regulations. Several potential illicit discharges will be removed during site redevelopment. MASSACHUSETTS CONTINGENCY PLAN: Has the project site been, or is it currently being, regulated under M.G.L.c.21 E or the Massachusetts Contingency Plan? Yes X No _; if yes, please describe the current status of the site (including Release Tracking Number(RTI), cleanup phase, and Response Action Outcome classification): Three RTNs.3-2131, 3-22167, and 3-24908 are on file with MA DEP for the properties. RTN 3-2131 was issued in 1989 following a Phase I investigation. RTN 3-22167 was issued in 2002 for a sudden release of oil,EP-290,when a plastic storage tank fell off of a forklift on a loading dock. RTN 3-24908 was issued in 2005 for a release of oily wastewater sludge for the wastewater sludge accumulations tank. There is currently a Phase IV—Implementation of Selected Remedial Action Alternatives report being developed for the proposed redevelopment project. A Phase I—Initial Site Investigation,Phase II—Comprehensive Site Assessment and Phase II—Identification,Evaluation, and Selection of Comprehensive Remedial Action Alternative report have been - 5 - completed. Is there an Activity and Use Limitation (AUL) on any portion of the project site?Yes X No if yes, describe which portion of the site and how the project will be consistent with the AUL: There are three AULs located on the project site resulting from RTN 3-2131. There is an AUL located to the west of the No. 59 Building,to the east of the cooperage building,and to the north of the existing office building. The basements of the office building, finishing building,and cooperage building are also considered AUL Areas with restricted access. The proposed project will require modification of all of the existing AUL areas. Are you aware of any Reportable Conditions at the property that have not yet been assigned an RTN? Yes _No X ; if yes, please describe: SOLID AND HAZARDOUS WASTE: If the project will generate solid waste during demolition or construction, describe alternatives considered for re-use, recycling, and disposal of, e.g., asphalt, brick, concrete, gypsum, metal, wood: The proposed project includes demolition of the existing brick,wood,and steel buildings. Building materials will be segregated and recycled or disposed of at approved facilities. The building demolition will also be done in cooperation with the project's Licensed Site Professional(LSP)to ensure contaminated materials are properly handled and disposed of Construction debris will be generated during the proposed building construction and remodeling work. Construction debris will be properly recycled and disposed of at approved facilities. (NOTE.Asphalt pavement, brick, concrete and metal are banned from disposal at Massachusetts landfills and waste combustion facilities and wood is banned from disposal at Massachusetts landfills. See 310 CMR 19.017 for the complete list of banned materials.) Will your project disturb asbestos containing materials? Yes X No (Unknown but likely. Pre-demolition survey required) if yes, please consult state asbestos requirements at hftp:Hmass.gov/MassDEP/air/asbhom0l.htm Describe anti-idling and other measures to limit emissions from construction equipment: Construction vehicles and equipment will be shut down when not in use to conserve fuel and reduce emissions. Temporary electrical services will be provided during construction to minimize the use of gas-powered generators during construction. DESIGNATED WILD AND SCENIC RIVER: Is this project site located wholly or partially within a defined river corridor of a federally designated Wild and Scenic River or a state designated Scenic River?Yes_No X ; if yes, specify name of river and designation: If yes, does the project have the potential to impact any of the outstandingly remarkable" resources of a federally Wild and Scenic River or the stated purpose of a state designated Scenic River? Yes No _; if yes, specify name of river and designation: if yes, will the project will result in any impacts to any of the designated 'outstandingly remarkable" resources of the Wild and Scenic River or the stated purposes of a Scenic River. Yes _No _ ; if yes,describe the potential impacts to one or more of the"outstandingly remarkable" resources or stated purposes and mitigation measures proposed. - 6 - ATTACHMENTS: 1. List of all attachments to this document. 2. U.S.G.S. map (good quality color copy, 8 %2 x 11 inches or larger, at a scale of 1:24,000) indicating the project location and boundaries. 3. Plan, at an appropriate scale, of existing conditions on the project site and its immediate environs, showing all known structures, roadways and parking lots, railroad rights-of-way, wetlands and water bodies, wooded areas, farmland, steep slopes, public open spaces, and major utilities. 4 Plan, at an appropriate scale, depicting environmental constraints on or adjacent to the project site such as Priority and/or Estimated Habitat of state-listed rare species,Areas of Critical Environmental Concern, Chapter 91 jurisdictional areas, Article 97 lands, wetland resource area delineations, water supply protection areas, and historic resources and/or districts. 5. Plan, at an appropriate scale, of proposed conditions upon completion of project(if construction of the project is proposed to be phased, there should be a site plan showing conditions upon the completion of each phase). 6. List of all agencies and persons to whom the proponent circulated the ENF, in accordance with 301 CMR 11.16(2). 7. List of municipal and federal permits and reviews required by the project, as applicable. - 7 - LAND SECTION — all proponents must fill out this section I. Thresholds/Permits A. Does the project meet or exceed any review thresholds related to land (see 301 CMR 11.03(1) Yes X No; if yes, specify each threshold: II. Impacts and Permits A. Describe, in acres, the current and proposed character of the project site, as follows: Existincl Change Total Footprint of buildings 1.1 acres -0.2 acres 0.9 acres Internal roadways 0 0 0 Parking and other paved areas 1.0 acres 1.2 acres 2.2 acres Other altered areas 3.5 acres -1.0 acres 2.5 acres Undeveloped areas 2.7 acres 0 2.7 acres Total: Project Site Acreage 8.3 acres 0 8.3 acres B. Has any part of the project site been in active agricultural use in the last five years? _Yes X No; if yes, how many acres of land in agricultural use (with prime state or locally important agricultural soils)will be converted to nonagricultural use? C. Is any part of the project site currently or proposed to be in active forestry use? _Yes X No; if yes, please describe current and proposed forestry activities and indicate whether any part of the site is the subject of a forest management plan approved by the Department of Conservation and Recreation: D. Does any part of the project involve conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article 97?_Yes X No; if yes, describe: E. Is any part of the project site currently subject to a conservation restriction, preservation restriction, agricultural preservation restriction or watershed preservation restriction? Yes X No; if yes, does the project involve the release or modification of such restriction? Yes_No; if yes, describe: F. Does the project require approval of a new urban redevelopment project or a fundamental change in an existing urban redevelopment project under M.G.L.c.121A? _Yes X No; if yes, describe: G. Does the project require approval of a new urban renewal plan or a major modification of an existing urban renewal plan under M.G.L.c.121 B?Yes_No X ; if yes, describe: III. Consistency A. Identify the current municipal comprehensive land use plan Title: City of Salem Master Plan Update and Action Plan Date 1996 B. Describe the project's consistency with that plan with regard to: 1) economic development:Plan indicates the area as being a possible privately owned redevelopment site. 2) adequacy of infrastructure: Plan does not address infrastructure needs 3) open space impacts: Plan suggests a bicycle/pedestrian trail system along the North River Canal from Peabody to the Salem train station. The project is consistent with this by constructing a path on the 64 Grove Street and 3 Harmony Grove Road properties for public use. 4) compatibility with adjacent land uses: The adjacent land uses are a mix of commercial,industrial, and residential. The proposed project uses are consistent with the adjacent land uses. - 8 - C. Identify the current Regional Policy Plan of the applicable Regional Planning Agency(RPA) RPA: Metropolitan Area Planning Council Title: MetroFuture Regional Plan Date December 2008 D. Describe the project's consistency with that plan with regard to: 1) economic development: Salem is considered a Regional Urban Center. The commercial office building will create new jobs in a MetroFuture consistent location,is suitable for small businesses,and is located in close proximity to public transportation. 2) adequacy of infrastructure: The MetroFuture plan promotes the use of the existing public transportation infrastructure for regional growth and sustainability. The proposed project is located near bus and commuter rail facilities. 3) open space impacts: The MetroFuture pian promotes compact development by focusing growth in existing town centers and urban areas,while protecting valuable and sensitive undeveloped landscape. The proposed project is consistent with the regional plan. - 9 - RARE SPECIES SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to rare species or habitat(see 301 CMR 11.03(2))? _Yes X No; if yes, specify, in quantitative terms: (NOTE:If you are uncertain, it is recommended that you consult with the Natural Heritage and Endangered Species Program(NHESP)prior to submitting the ENE) B. Does the project require any state permits related to rare species or habitat? _Yes X No C. Does the project site fall within mapped rare species habitat(Priority or Estimated Habitat?) in the current Massachusetts Natural Heritage Atlas (attach relevant page)? _Yes X No. D. If you answered "No"to all questions A, B and C, proceed to the Wetlands,Waterways, and Tidelands Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Rare Species section below. II. Impacts and Permits A. Does the project site fall within Priority or Estimated Habitat in the current Massachusetts Natural Heritage Atlas (attach relevant page)? _Yes_No. If yes, 1. Have you consulted with the Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program (NHESP)? _Yes_No; if yes, have you received a determination as to whether the project will result in the`take"of a rare species? Yes_No; if yes, attach the letter of determination to this submission. 2. Will the project take"an endangered, threatened, and/or species of special concern in accordance with M.G.L. c.1 31A(see also 321 CMR 10.04)? _Yes_No; if yes, provide a summary of proposed measures to minimize and mitigate rare species impacts 3. Which rare species are known to occur within the Priority or Estimated Habitat? 4. Has the site been surveyed for rare species in accordance with the Massachusetts Endangered Species Act? _Yes_No 4. If your project is within Estimated Habitat, have you filed a Notice of Intent or received an Order of Conditions for this project? _Yes_No; if yes, did you send a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance with the Wetlands Protection Act regulations? _Yes_No B. Will the project take"an endangered, threatened, and/or species of special concern in accordance with M.G.L. c.1 31A(see also 321 CMR 10.04)? _Yes _ No; if yes, provide a summary of proposed measures to minimize and mitigate impacts to significant habitat: - 10 - WETLANDS. WATERWAYS, AND TIDELANDS SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to wetlands,waterways, and tidelands(see 301 CMR 11.03(3))? X Yes_No; if yes, specify, in quantitative terms: he 301 CMR 11.03(3)(b)l.e&5— Treplacement of a non-water dependent pedestrian bridge and vehicular bridge require Ch. 91 licenses. The bridges and their approach structures will be constructed over flowed tidelands(North River Canal)and filled tidelands. The proposed vehicle bridge will provide access between the proposed apartment building complex and Harmony Grove Road. The proposed vehicle bridge will replace an existing wood and metal bridge. The proposed pedestrian bridge will replace two elevated walkways. B. Does the project require any state permits (or a local Order of Conditions) related to wetlands, waterways,or tidelands? X Yes_No; if yes, specify which permit: Local Order of Conditions(most of the site is within Conservation Commission jurisdiction) Chapter 91 License(see above) C. If you answered "No"to both questions A and B, proceed to the Water Supply Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Wetlands, Waterways, and Tidelands Section below. II. Wetlands Impacts and Permits A. Does the project require a new or amended Order of Conditions under the Wetlands Protection Act (M.G.L. c.131A)? X Yes_No; if yes, has a Notice of Intent been filed? X Yes_No; if yes, list the date and MassDEP file number: March 14, 2013: File No. 064-0547 ; if yes, has a local Order of Conditions been issued? _Yes X No; Was the Order of Conditions appealed? _Yes No. Will the project require a Variance from the Wetlands regulations? Yes X No. B. Describe any proposed permanent or temporary impacts to wetland resource areas located on the project site: There will be permanent impacts to the Inland Bank along the North River due to replacement of the vehicle bridge. All disturbed sections of the bank will be restabilized with rip rap or similar materials. Temporary and permanent impacts to the Bank and Land Under Water Bodies is anticipated due to the installation of four proposed drainage outfalls. Temporary impacts to Bordering Land Subject to Flooding is anticipated for the proposed bridge approaches,compensatory regrading work,and building demolition. C. Estimate the extent and type of impact that the project will have on wetland resources, and indicate whether the impacts are temporary or permanent: Coastal Wetlands Area (square feet) or Temporary or Length (linear feet) Permanent Impact? Land Under the Ocean 0 Designated Port Areas 0 Coastal Beaches 0 Coastal Dunes 0 Barrier Beaches 0 Coastal Banks 0 Rocky Intertidal Shores 0 Salt Marshes 0 Land Under Salt Ponds 0 Land Containing Shellfish 0 Fish Runs 0 Land Subject to Coastal Storm Flowage 0 - 11 - Inland Wetlands Bank (If) 150+/-ft Permanent Bordering Vegetated Wetlands 0 Isolated Vegetated Wetlands 0 Land under Water 850+/-sf Permanent Isolated Land Subject to Flooding 0 Bordering Land Subject to Flooding 80.000+/-sf Temporary Riverfront Area 160.700+/-sf Permanent (Pre-disturbed) D. Is any part of the project: 1. proposed as a limited project? _Yes X No; if yes, what is the area (in so?_ 2. the construction or alteration of a dam? _Yes X No; if yes, describe: 3. fill or structure in a velocity zone or regulatory floodway? X Yes_No The bridge construction will occur in a floodway. 4. dredging or disposal of dredged material? X Yes No; if yes, describe the volume of dredged material and he proposed disposal site: Approximately 30 cubic yards of soil below the mean high water line of the North River Canal will be removed from the southerly side of the proposed bridge to widen the waterway,consistent with planned(US Army Corps of Engineer)North River flood control improvements. The removed materials will be tested by the LSP of record and properly disposed of or relocated on-site. 5. a discharge to an Outstanding Resource Water(ORW) or an Area of Critical Environmental Concern (ACEC)? _Yes X No 6. subject to a wetlands restriction order? Yes X No; if yes, identify the area (in so: 7. located in buffer zones? X Yes No; if yes, how much (in so 137.350+/-sf E. Will the project: 1. be subject to a local wetlands ordinance or bylaw? X Yes_No (City of Salem) 2. alter any federally-protected wetlands not regulated under state law? Yes X No; if yes, what is the area (so? III. Waterways and Tidelands Impacts and Permits A. Does the project site contain waterways or tidelands(including filled former tidelands)that are subject to the Waterways Act, M.G.L.c.91? X Yes_No; if yes, is there a current Chapter 91 License or Permit affecting the project site? X Yes_No; if yes, list the date and license or permit number and provide a copy of the historic map used to determine extent of filled tidelands: Lic.#605 (April 1881), Lic.#606(April 1881),Lic.#3941 (March 1915), Lic. #1535 (October 1933),Lic.#2886(July 1946), B. Does the project require anew or modified license or permit under M.G.L.c.91? X Yes—No; if yes, how many acres of the project site subject to M.G.L.c.91 will be for non-water-dependent use? Current 2.06+/-acres Change -0.46+/-acres Total 1.60+/-acres If yes, how many square feet of solid fill or pile-supported structures (in so? -20,060 sf of water-dependent public walkway -3,120 sf of non-water-dependent bridges&approaches C. For non-water-dependent use projects, indicate the following: Area of filled tidelands on the site: 2.04+/- acres Area of filled tidelands covered by buildings:19.110 sf(6,865 sf Office Blde. to Remain) For portions of site on filled tidelands, list ground floor uses and area of each use: Remaining building to be used as commercial office space(same as existing use). Proposed residential buildings will be located outside of filled tideland areas. Existing industrial buildings to be removed from filled tidelands. - 12 - Does the project include new non-water-dependent uses located over flowed tidelands? Yes X No_ (The proposed replacement pedestrian bridge and vehicle bridge.) Height of building on filled tidelands 41.2' (Exist. Office Building) Also show the following on a site plan: Mean High Water, Mean Low Water,Water- dependent Use Zone, location of uses within buildings on tidelands, and interior and exterior areas and facilities dedicated for public use, and historic high and historic low water marks. D. Is the project located on landlocked tidelands? Yes X No; if yes, describe the project's impact on the public's right to access, use and enjoy jurisdictional tidelands and describe measures the project will implement to avoid, minimize or mitigate any adverse impact: E. Is the project located in an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations?_Yes X No; if yes, describe the project's impact on groundwater levels and describe measures the project will implement to avoid, minimize or mitigate any adverse impact: F. Is the project non-water-dependent and located on landlocked tidelands or waterways or tidelands subject to the Waterways Act and subject to a mandatory EIR?_Yes X No; (NOTE.,if yes, then the project will be subject to Public Benefit Review and Determination.) G. Does the project include dredging? X Yes_No; if yes, answer the following questions: What type of dredging? Improvement X_Maintenance Both What is the proposed dredge volume, in cubic yards (cys) 30+/-below MHW What is the proposed dredge footprint 60+/-length (ft)9+/-width (ft) 1.5+/-depth (ft); Will dredging impact the following resource areas? Intertidal Yes X No_; if yes, 250 sq ft(below MHW) Outstanding Resource Waters Yes_ No X ; if yes, sq ft Other resource area (i.e. shellfish beds, eel grass beds) Yes_ No X ; if yes sq ft If yes to any of the above, have you evaluated appropriate and practicable steps to: 1)avoidance; 2) if avoidance is not possible, minimization; 3) if either avoidance or minimize is not possible, mitigation? The US Army Corps of Engineers,working with the City of Peabody, propose to widen the North River to alleviate flooding impacts in downtown Peabody. The preliminary Corps plans require a 38-foot wide river section which dictates the wider replacement bridge section and results in associated dredging. Avoiding the wider bridge and associated dredging will result in future bridge replacement by the Corps when they widen the river. The dredging has been minimized to the area of the proposed bridge. If no to any of the above, what information or documentation was used to support this determination? Provide a comprehensive analysis of practicable alternatives for improvement dredging in accordance with 314 CMR 9.07(1)(b). Physical and chemical data of the sediment shall be included in the comprehensive analysis. N/A-Water Quality Certificate is not required for small dredging projects(less than 100 cy) Sediment Characterization Existing gradation analysis results? _Yes X No: if yes, provide results. Existing chemical results for parameters listed in 314 CMR 9.07(2)(b)6?_Yes X No; if yes, provide results. Do you have sufficient information to evaluate feasibility of the following management options for dredged sediment? If yes, check the appropriate option. - 13 - i Beach Nourishment_ Unconfined Ocean Disposal Confined Disposal: Confined Aquatic Disposal (CAD)_ Confined Disposal Facility(CDF)_ Landfill Reuse in accordance with COMM-97-001 _ Shoreline Placement_ Upland Material Reuse_ In-State landfill disposal_ Out-of-state landfill disposal (NOTE: This information is required for a 401 Water Quality Certification.) IV. Consistency: A. Does the project have effects on the coastal resources or uses, and/or is the project located within the Coastal Zone?_Yes X No; if yes, describe these effects and the projects consistency with the policies of the Office of Coastal Zone Management: B. Is the project located within an area subject to a Municipal Harbor Plan? Yes X No; if yes, identify the Municipal Harbor Plan and describe the project's consistency with that plan: - 14 - WATER SUPPLY SECTION I. Thresholds/ Permits A. Will the project meet or exceed any review thresholds related to water supply (see 301 CMR 11.03(4))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to water supply? Yes X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Wastewater Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Water Supply Section below. II. Impacts and Permits A. Describe, in gallons per day(gpd), the volume and source of water use for existing and proposed activities at the project site: Existinq Change Total Municipal or regional water supply Withdrawal from groundwater Withdrawal from surface water Interbasin transfer (NOTE.Interbasin Transfer approval will be required if the basin and community where the proposed water supply source is located is different from the basin and community where the wastewater from the source will be discharged.) B. If the source is a municipal or regional supply, has the municipality or region indicated that there is adequate capacity in the system to accommodate the project?_Yes_No C. If the project involves a new or expanded withdrawal from a groundwater or surface water source, has a pumping test been conducted? Yes No; if yes, attach a map of the drilling sites and a summary of the alternatives considered and—the results. D. What is the currently permitted withdrawal at the proposed water supply source(in gallons per day)? Will the project require an increase in that withdrawal?_Yes No; if yes, then how much of an increase (gpd)? E. Does the project site currently contain a water supply well, a drinking water treatment facility, water main, or other water supply facility, or will the project involve construction of a new facility? _Yes No. If yes, describe existing and proposed water supply facilities at the project site: Permitted Existing Avg Proiect Flow Total Flow Daily Flow Capacity of water supply well(s) (gpd) Capacity of water treatment plant(gpd) F. If the project involves a new interbasin transfer of water,which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or proposed? G. Does the project involve: 1. new water service by the Massachusetts Water Resources Authority or other agency of the Commonwealth to a municipality or water district? _Yes_No 2. a Watershed Protection Act variance? _Yes_No; if yes, how many acres of alteration? - 15 - 3. a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities? _Yes No III. Consistency Describe the project's consistency with water conservation plans or other plans to enhance water resources, quality,facilities and services: - 16 - WASTEWATER SECTION I. Thresholds I Permits A. Will the project meet or exceed any review thresholds related to wastewater(see 301 CMR 11.03(5))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to wastewater? Yes X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Transportation --Traffic Generation Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Wastewater Section below. II. Impacts and Permits A. Describe the volume (in gallons per day)and type of disposal of wastewater generation for existing and proposed activities at the project site(calculate according to 310 CMR 15.00 for septic systems or 314 CMR 7.00 for sewer systems): Existing Change Total Discharge of sanitary wastewater Discharge of industrial wastewater TOTAL Existing Change Total Discharge to groundwater Discharge to outstanding resource water Discharge to surface water Discharge to municipal or regional wastewater facility TOTAL B. Is the existing collection system at or near its capacity? _Yes_No; if yes, then describe the measures to be undertaken to accommodate the project's wastewater flows: C. Is the existing wastewater disposal facility at or near its permitted capacity? Yes_No; if yes, then describe the measures to be undertaken to accommodate the project's wastewater flows: D. Does the project site currently contain a wastewater treatment facility, sewer main, or other wastewater disposal facility, or will the project involve construction of a new facility? _Yes No; if yes, describe as follows: Permitted Existing Avg Project Flow Total Daily Flow Wastewater treatment plant capacity (in gallons per day) E. If the project requires an interbasin transfer of wastewater, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or new? - 17 - (NOTE., Interbasin Transfer approval may be needed if the basin and community where wastewater will be discharged is different from the basin and community where the source of water supply is located.) F. Does the project involve new sewer service by the Massachusetts Water Resources Authority (MWRA)or other Agency of the Commonwealth to a municipality or sewer district? _Yes_No G. Is there an existing facility, or is a new facility proposed at the project site for the storage, treatment, processing, combustion or disposal of sewage sludge, sludge ash, grit, screenings, wastewater reuse(gray water)or other sewage residual materials? Yes No; if yes, what is the capacity(tons per day): Existing Change Total Storage Treatment Processing Combustion Disposal H. Describe the water conservation measures to be undertaken by the project, and other wastewater mitigation, such as infiltration and inflow removal. III. Consistency A. Describe measures that the proponent will take to comply with applicable state, regional, and local plans and policies related to wastewater management: B. If the project requires a sewer extension permit, is that extension included in a comprehensive wastewater management plan? Yes_No; if yes, indicate the EEA number for the plan and whether the project site is within a sewer service area recommended or approved in that plan: - 18 - TRANSPORTATION SECTION (TRAFFIC GENERATION) I. Thresholds/Permit A. Will the project meet or exceed any review thresholds related to traffic generation (see 301 CMR 11.03(6))? X Yes_No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to state-controlled roadways?_Yes X No; if yes,specify which permit: C. If you answered "No"to both questions A and B, proceed to the Roadways and Other Transportation Facilities Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Traffic Generation Section below. 11.Traffic Impacts and Permits A. Describe existing and proposed vehicular traffic generated by activities at the project site: Existina Change Total Number of parking spaces 50+/- 187 237 Number of vehicle trips per day 0 vacant 1.144 1.144 ITE Land Use Code(s): 220 &710 220 &710 B. What is the estimated average daily traffic on roadways serving the site? Roadway Existing Change Total 1. Harmony Grove Rd 7,800+/- 655+/- 8.455+/- 2. Grove Street 7,840+/- 492+/- 8.332+/- 3. C. If applicable, describe proposed mitigation measures on state-controlled roadways that the project proponent will implement: N/A—Project is only along local roadways. D. How will the project implement and/or promote the use of transit, pedestrian and bicycle facilities and services to provide access to and from the project site? There is an existing bus stop at the intersection of Boston and Nichols Street which is in close walking distance to the proposed development. Sidewalks will be constructed throughout the site and will connect to existing sidewalks along Harmony Grove Road and Grove Street. The project also will contain a public pedestrian and bike path along the southerly edge of the North River Canal. The city has expressed a desire for a public bike path extending from the Salem-Peabody line to the downtown area. Bicycle racks will be provided at each building. C. Is there a Transportation Management Association (TMA)that provides transportation demand management(TDM)services in the area of the project site? X Yes No; if yes, describe if and how will the project will participate in the TMA: The project will participate in the North Shore TMA(NSTMA)by making materials, describing public transportation options,available to the apartment tenants. NSTMA will be allowed to display information in the lobby of each apartment building and office building. D. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation facilities? X Yes_ No; if yes, generally describe: The project is located adjacent to railroad tracks that extend from Salem to Peabody. The tracks are used infrequently. The project will improve the existing railroad crossing located on-site. The site is located within walking distance of the Salem train station. E. If the project will penetrate approach airspace of a nearby airport, has the proponent filed a - 19 - Massachusetts Aeronautics Commission Airspace Review Form (780 CMR 111.7) and a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (CFR Title 14 Part 77.13,forms 7460-1 and 7460-2)? NA III. Consistency Describe measures that the proponent will take to comply with municipal, regional, state, and federal plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services: The project,as proposed,is in compliance with municipal,regional,state,and federal plans and policies related to traffic,transit,pedestrian,and bicycle transportation. The project,which primarily consists of workforce housing, is located in close proximity to existing public transportation infrastructure(bus and commuter rail). Furthermore,the project provides a public pedestrian and bicycle path through the property which is consistent with City plans to provide a public bicycle path from the Peabody-Salem line to downtown Salem. - 20 - I TRANSPORTATION SECTION (ROADWAYS AND OTHER TRANSPORTATION FACILITIES) I. Thresholds A. Will the project meet or exceed any review thresholds related to roadways or other transportation facilities (see 301 CMR 11.03(6))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to roadways or other transportation facilities? _Yes X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Energy Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Roadways Section below. II.Transportation Facility Impacts A. Describe existing and proposed transportation facilities in the immediate vicinity of the project site: B. Will the project involve any 1. Alteration of bank or terrain (in linear feet)? 2. Cutting of living public shade trees (number)? 3. Elimination of stone wall (in linear feet)? III. Consistency-- Describe the project's consistency with other federal, state, regional, and local plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services, including consistency with the applicable regional transportation plan and the Transportation Improvements Plan (TIP), the State Bicycle Plan, and the State Pedestrian Plan: - 21 - ENERGY SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to energy(see 301 CMR 11.03(7)). Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to energy? _Yes X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Air Quality Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Energy Section below. II. Impacts and Permits A. Describe existing and proposed energy generation and transmission facilities at the project site: ExistinaChanae Total Capacity of electric generating facility(megawatts) Length of fuel line (in miles) Length of transmission lines (in miles) Capacity of transmission lines(in kilovolts) B. If the project involves construction or expansion of an electric generating facility, what are: 1. the facility's current and proposed fuel source(s)? 2. the facility's current and proposed cooling source(s)? C. If the project involves construction of an electrical transmission line, will it be located on a new, unused, or abandoned right of way?_Yes No; if yes, please describe: D. Describe the project's other impacts on energy facilities and services: III. Consistency Describe the project's consistency with state, municipal, regional, and federal plans and policies for enhancing energy facilities and services: - 22 - AIR QUALITY SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to air quality(see 301 CMR 11.03(8))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to air quality? _Yes X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Solid and Hazardous Waste Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Air Quality Section below. II. Impacts and Permits A. Does the project involve construction or modification of a major stationary source (see 310 CMR 7.00, Appendix A)?_Yes_No; if yes, describe existing and proposed emissions (in tons per day)of: Existing Change Total Particulate matter Carbon monoxide Sulfur dioxide Volatile organic compounds Oxides of nitrogen Lead Any hazardous air pollutant Carbon dioxide B. Describe the project's other impacts on air resources and air quality, including noise impacts: III. Consistency A. Describe the project's consistency with the State Implementation Plan: B. Describe measures that the proponent will take to comply with other federal, state, regional, and local plans and policies related to air resources and air quality: - 23 - SOLID AND HAZARDOUS WASTE SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to solid or hazardous waste(see 301 CMR 11.03(9))? _Yes X No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to solid and hazardous waste? Yes X No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Historical and Archaeological Resources Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Solid and Hazardous Waste Section below. II. Impacts and Permits A. Is there any current or proposed facility at the project site for the storage, treatment, processing, combustion or disposal of solid waste?_Yes_No; if yes,what is the volume (in tons per day) of the capacity: Existing Change Total Storage Treatment, processing Combustion Disposal B. Is there any current or proposed facility at the project site for the storage, recycling, treatment or disposal of hazardous waste?_Yes_No; if yes,what is the volume (in tons or gallons per day) of the capacity: Existing Change Total Storage Recycling Treatment Disposal C. If the project will generate solid waste (for example, during demolition or construction), describe alternatives considered for re-use, recycling, and disposal: D. If the project involves demolition, do any buildings to be demolished contain asbestos? Yes No E. Describe the project's other solid and hazardous waste impacts (including indirect impacts): III. Consistency Describe measures that the proponent will take to comply with the State Solid Waste Master Plan: - 24 - HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION I. Thresholds/Impacts A. Have you consulted with the Massachusetts Historical Commission? _X_Yes_No; if yes, attach correspondence. For project sites involving lands under water, have you consulted with the Massachusetts Board of Underwater Archaeological Resources?_Yes X No; if yes, attach correspondence. Project Notification form filed with MHC. Awaiting response from MHC. B. Is any part of the project site a historic structure, or a structure within a historic district, in either case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? X Yes No; if yes, does the project involve the demolition of all or any exterior part of such historic structure? X Yes_No; if yes, please describe: According to the Massachusetts Cultural Resource Information System,the existing office building at 60 Grove Street and a portion of the large industrial building at 64 Grove Street may have historic significance. The existing industrial building is proposed to be removed but the older office building will remain as a commercial office building. The exterior of the 60 Grove Street office building will be upgraded with regard for the historic significance. The proposed apartment buildings will be developed with an industrial looking fagade. C. Is any part of the project site an archaeological site listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? _Yes X No; if yes, does the project involve the destruction of all or any part of such archaeological site? _Yes No; if yes, please describe: D. If you answered "No"to all parts of both questions A, B and C, proceed to the Attachments and Certifications Sections. If you answered "Yes"to any part of either question A or question B, FII out the remainder of the Historical and Archaeological Resources Section below. II. Impacts Describe and assess the project's impacts, direct and indirect, on listed or inventoried historical and archaeological resources: The proposed project will have a direct impact due to the demolition and removal of the existing industrial buildings located at 64 Grove Street. The structure(s)appears to be on the Inventory of Historic and Archaeological Assets of the Commonwealth list. The proponents have spent several years looking for any interested industrial users for the site,which would avoid building demolition, but none could be found. The existing industrial buildings are not suitable for residential use so their demolition is proposed. The proponents will save the existing office building located at 60 Grove Street which is the oldest building on the project site. III. Consistency Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to preserving historical and archaeological resources: The proponents will comply with all federal, state,regional,and local plans and policies applicable to the project. The project proponent is awaiting a response from the Mass.Historical Commission regarding its Project Notification Form filing. - 25 - CERTIFICATIONS: 1. The Public Notice of Environmental Review has been/will be published in the following newspapers in accordance with 301 CMR 11.15(1): The Salem News (Date) April 5, 2013 2. This form has been circulated to Agencies and Persons in accordance with 301 CMR 11.16(2). Signatures: 5u f YfiS Date Signature of FResponsible-Officer Date Signature of per on preparing or Proponent ENF (if different from above) Michael Hubbard Robert H. Griffin RE Name (print or type) Name (print or type) MRM Proiect Management, LLC Griffin Engineering Group LLC Firm/Agency Firm/Agency P.O. Box 388 P.O. Box 7061 Street Street Beverly, MA 01915 Beverly MA 01915 Municipality/State/Zip Municipality/State/Zip 978-922-7089 978-927-5111 Phone Phone - 26 - Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs MEPA Office 100 Cambridge St., Suite 900 Boston, MA 02114 Telephone 617-626-1020 The following should be completed and submitted to a local newspaper: PUBLIC NOTICE OF ENVIRONMENTAL REVIEW PROJECT: Mixed-Use Development—Legacy Park Ants at Harmony Grove LOCATION: 60 &64 Grove Street and 1. 3, & 5 Harmony Grove Road PROPONENT: MRM Proiect Management, LLC The undersigned is submitting an Environmental Notification Form ("ENF") to the Secretary of Energy & Environmental Affairs on or before April 15, 2013 (date) This will initiate review of the above project pursuant to the Massachusetts Environmental Policy Act("MEPA", M.G.L. c. 30, s.s. 61-62I). Copies of the ENF may be obtained from: Griffin Engineering Group, LLC (Tele: 978-927-5111) P.O. Box 7061 Beverly, MA 01915 Copies of the ENF are also being sent to the Conservation Commission and Planning Board of Salem where they may be inspected. The Secretary of Energy&Environmental Affairs will publish notice of the ENF in the Environmental Monitor, will receive public comments on the project for 20 days, and will then decide, within ten days, if an environmental Impact Report is needed. A site visit and consultation session on the project may also be scheduled. All persons wishing to comment on the project, or to be notified of a site visit or consultation session, should write to the Secretary of Energy& Environmental Affairs, 100 Cambridge St., Suite 900, Boston, Massachusetts 02114, Attention: MEPA Office, referencing the above project. 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POND x -� N G . 1 FLORES 2 \3 �W7�CLj o GRIFFIN CIVIL -r-o—\ `�36�, -' ALL I #sssas e W MAP 16 A&N REALJ MAP 16 LOT 23 LARDE4 �, d' el 9 mak, � LOT 222 N � �•--- � 38 BIT. CON ESTATE —/ MAP 16 ' N/F TRUST LOT 220 �Y DEMEULE " MAP 16 LOT 232 �'' #2 P VEMENT N/F KOHLOFER IMAP 16 I ° N/F I°1 BIT CONC. PARIONG COrjC, MAP 16 BLANDEN m Q LOT 23 tr' MYERS I I 10 LOT 235 / �•//./3 #44 1 I I I I N/F I o # MAP 16 I I Z I I I I I ROSS #20 "-'1 I MAP 16 LOT 380 N/F / EXIST. SEWER SCHEDULE #48 Q #24 MAP 16 LOT LOT 2.34 PATTISON ESMH1 BIT. I MAP 16 LOT 229 I 233 #6 NSF N/F RIM-10.26 #40 #38 #36 CONC. #30 N/F #14 CSWGGIN PATTISON INV-3.08 BASH SPERIDAKOS ESMH2 -- - - - - - - - - - - - _ - - RIM=11.28 Adl 3 r' -� - - INV-5.13 a Uri 88WA GRANITE C RB BEA VER S TREE T - - - D - - s '�2� ® (PUBLIC WAY N 30' WIDE) Engineering Ile - - — - - - - - - - - ® _ — - - - Group, LLC P.O Box 7061 100 Cummings Center, Suite 224G Beverly, MA 01915 E Tel. 978-927-5111 Fax. 978-927-5103 p MRM PROJECT MANAGEMENT, LLC SALEM, MA h' NOTES: 1) THIS PLAN IS PREPARED FOR THE PURPOSE OF SHOWING EXISTING CONDITIONS. 2) EXISTING CONDITIONS SURVEY BY LEBLANC SURVEY ASSO(CIATES, INC., EXISTING DANVERS, MA. CONDITIONS PLAN 3) ELEVATIONS SHOWN ARE ON THE 1929 N.G.V.D. 4) UTILITIES SHOWN HEREON ARE THE RESULT OFRECORDS OF VARIOUS PLANS AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE ABSENSE OF SUBSURFACE UTILITIES IS NEITHER INTENDED NOR IMPLIED. (CONTRACTOR TO VERIFY EXISTING UTILITIES IN THE FIELD PRIOR TO CONSTRUCTION AND TO GRAPHIC SCALE Ste' 1�-'w� CONTACT "DIG SAFE" AT LEAST 72 HOURS PRIOR TO ANY EXCAVATION WORK. +o 0 20 ,o eo tso JQb No•: 700 5) REFER TO SHEET N-1 FOR ADDITIONAL NOTES AND LEGEND. 6 PER SALEM CONSERVATION COMMISSION O.R.A.D. (FILE #64-516) DECISION C- 2 DATED 7-19-2011 THE 3 HARMONY GROVE ROAD PARCEL IS LOCATED WITHIN FM p/p/s/h—b RIVERFRONT AREA. AS OF 6-20-12 ADMINISTRATIVE APPEALS OF SAID DECISION IN 3 ARE CONTINUING AT MA DEP. i inch = 40 ft D9� 12/20/11 ; -- I III milli _ - 1 GRAPHIC SCALE - 1 \ 40 o zo 40 so 160 NEW GRANITE CURB INLAID CONCRETE ©qST. AND CONCRETE — �.� \ 1 SB/DH CROSSWALK AND CURB SIDEWALK AT EXIST. / - (HLD LINE) IN FEET ADA RAMPS AT CURB CUT / — \ ; I inch 0 )ft MAIN ENTRACE 25' WIDE 1 S.E.S.D. SEWER 1 MAP 16 LOT 377 \ \ EASEMENT RO 1 1 HARMONY GROVE RD. SB/DH \ AND PSSIGNTOP '� ( 20,909± SQ. FT ) FND & HLD MAP 16 LOT 238 HISTORIC HIGH O� i �� 50 BA ,// / I 0.48 ACRES \ \ \ I 50 GROVE STREET REAL EST, LLC WATER LINE Q�I g�1C �PS LAND COURT PLAN 33813A \ NOR!TH RIVER CALAL TIDAL \ HISTORIC HIGH �� S.E.S.D 5S WEER / /, / / BRIDGE W/METAL PIPE REMEDIATION AREA \ ` WATER LINE EASEMENT- / DECK= E9.2± (SEE SHEET C-10) � 1 PROPOSED VEHICLE BRIDGE. V 1 ` m I Q MAP 16 LOT 237 P m MAP 16 LOT 239 HISTORIC HIGH — _ —�-� plit C gyp ► j / (SEE PLANS BY = 1= 3 HARMONY GROVE RD. EXISTING e = Is ( 26,946 SQ.FT. ) WATER UNE 60 GROVE STREET MCBRIE, LLC) _ I"' ( ) HISTORIC HIGH RIDGE V�jIU�j J W 35,561 SQ.FT. WATER LINE ABUTMENTS F-WIF-W 0.62 ACRES REMEDIATION AREA EXIST I \ PROPOSED (SEE SHEET C-10) 1 0.82 ACRES 8 RAILROAD - " '- — - \ �t=AI� , - - _ - MAP 16 LOT 37 - . - . — . - - - - - - — — — — — — — —. — . _. _— —. — . _. _. — . — , — — — — — . — . — •. • — • — —. — • — — — INLAID CONCRETE T 5 HARMONY GROVE RD.) CROSSING • - • - • - - - \ Z , _ _ ADACRORAMP & —�� T EXISTING LOADING ADA RAMP AT ( EASEMENT STOP SIGN 1 AUTHORITY OCK TO REMAIN ENTRANCE �0 44,4321 SQ. FT — AND STOP gA Y TRANSPOR TA TION R.R. TRACKS SH4.11111111 lItIllill'I'll 1111 _210 l 0 1.02 ACRES - 1 toIIIIIIII - - - 1 �_1 FENCE SED R.R. TRACKS —,L — — — PROP. BIKE - -�' - - 2 `} ' ~ RACK -� � I � 59.1' A�HUSETTS I + BIT. CONC. PATH (TENANT PARKING) "► _ MASS - _ _ _ _ I DUMPAREA ,(TO REMAIN e 0' s „y CON CT o �� AL EXISTING AS COMMERCIAL �,�o GRANITE 9 STORAGE SPACE) �oz� CURBING \ EE P NSB VANA E _ \ K RET. PROPOSED I AREA EXISTING BULK TRASH I & SSOC S) �� cJ' 1 WALL PEDESTRIAN ( ---- MONITORING I NDIC I ` _ � �` TCW _ E BRIDGE I OFFICE 4 \ REPLACE STORAGE AREA i — , L. 9 BUILDING SIDEWALKS 1 >--I WELLS WITHIN FENCED 1 AMP ® CON -• 6 f 1 ' y OR 7'/� 7 ALONG (TYP OF 4) ENCLOSURE I ( , / 1111 III � '� — �?ArH � ` _ R/�E _ R GROVE ST. 1 N FRONTAG P POS B DIN #1 ` .` �- CAN,gk_ T/0 GRANITE BLOC CONCRETE W/` ADD RELOCATED MATERIAL 1, 12 NI W/ AR U ER AL K REr. WALL 6 3/11/13 CELL 1 m RELOCATED -� = I FENC ENCL ED / ~ 1 TCW c ADD 1&5 HARMONY GROVE ;1 I MATERIAL CELL I� TR H & CYCU (4 UNI ) POP 1 �- GRgNIT. EL, 9•g f 5 11/6/12 AREAS TO PLAN (GRASS) i N 5 _ STO GE A A PR OSED ED 111 40.0 E BLOC _ ADD 1&5.HARMONY GROVE M ; I �► _ I (TYP CHB ING B ERA CO RETE 1► W Gq AG /NG #2 ! K RET. W — 4 10/1/12 ROAD TO PLAN. RELOCATE PED m ; 8 I TYP 2 r) _ _(J ITSND R 1 =N PA ACL TOW EL• — BRIDGE. UPDATE TABLES. — r + 1 ---� I 4 - 1 PER UILDI `" -. jl..l 9 6 --- �. --- PR OSED P E RASE ------ 10 --------------------------- ------------ 4 - - - H t - C. ERA IK } 3 9/19/12 UPDATE RES AREA CAL C. h , ` ° ° -:, _ . _ �Yp 2 IS RIC GH (TYP F 2 1z 7 ADD TABLE OF AREAS. PAINTED 't PE UILDI ) AT LIN j �' P BUI G) �� HATCH RES. USE; ADJUST RES CROSSWALK ,` 1 _ " `` P 2 7/15/12 BOUNDARY ALONG BLDG 2 &3 1 _ I (TYP U.N.O.) `� . • ° _ OPO ED UI AND DRIVEWAY. UPDATE STON I „�. - 1 CR W/ Gq GEL G 3 ® TABLE. I E RET WA I MAP 16 LOT 236 .r` M-2 ..M? SID (4• _v ND 1 1 6/20/12 ADD MATCH LINES. REVISE #60 MAP 16 LOT 217 LL (64 GROVE STREET) - - _ - •�_ 1 y ( TS) ISTD C GROVE ST. LAYOUT. UPGRADE 3 I N/F 234,152 SO. TER INE SIDEWALKS & CROSSWALKS. SARKES 5.38 ACRES ADD PEDESTRIAN BRIDGE. #12 i N ` _ "}•• WIDEN VEHICLE BRIDGE.SHIFT GROVE ST. EENTRANCE. 1 V ° ADD BIKE RACKS. I1 - - -1- V - - - - - - - - - - - -BP -DIS - - -`- - - - -1 MAP 16 LOT 218 _BPD DISTRICT I - - - - - - - - SILVER - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -- - - _ L — - - - - - - - — .— - - -�' � 2 DI RIC NTF- - R2 DISTRICT 1 16. �- -►�„ c3 I No Date . Description (PUBLIC WAY FLORES - Y _ _ _ _ - - - - - 47. Revisions F Z MAp 1� 6 LOT M 1 - - o� #4 1224 LOT 225 MAP 16 I I J N/F #34 N/F OT 22 28 SHED SHEDI I 30 = RESIDENTIAL SPACE I o ETE MAP 16 L Tf!764 Q I MAP 16 LOT I C�NLEY I TUCKER. N/F # — 1 CROSSWALKS &INLAI ADA RAMPS STOP SIGN I ni ( I N/F �3 I 223 I I I I #32 LAWSON I — — — — — AT MAIN ENTRANCES AND STOP (146,855 SF) .. 2 BAR —i FLORES # N/F I I I WALL �� MAP 16 A&N REAL I MAP 16 LOT 23 LOT 222 ESTATE MAP 16 N/F i ALLH. � ROBERT G LOT 220 KOHLOFER TRUST DEMEULE MAP 16 LOT 232 #2 I GRIFFIN NOTES: N/F ov 0 SHEET N-1 FOR ADDITIONAL NOTES I Q I IMAP 16 N/F I rT. CONC. PARKING MAP 16 I CIVIL 1) REFER T N/F I 44 I I I Q I LOT 23 MYERS I FENCE/ I #36686 AND LEGEND. ( # I I N/F L 1 #10 MAP 16 LOT 235 � Q I I I ROSS #20 I "'� MAP 16 N/F / #4'8 #24 , PAR INIG MAP 16 LOT LOT 234 LOT 380 PAT11SON Li 0 #40 #38 #36 BIT. I #30 MAP 16 LOT 2291 I (8± SPICES) 233 #6 N/F PATrISON CONC. N/F #1 q CSWIGGIN — — BASH — — — — — — — � � SPERIDAKOS — — GRANITE CURB I BEA VER STREET I PosT• t ZONING CHART REQUIRED (PUBLIC WAY N 30' WIDE) 1 FND PER PUD PROVIDED ■ MIN. LOT AR EA5 60,000 SF 362,000 SF FOOTNOTES. MIN. LOT FRONTAGE 100' 161 .37' 1) REF. SECTION 7.3.4.2 FOR MIN. FRONTAGE REQUIRMENT; R2 LISTED. _ _ Engineering MIN. LOT WIDTH -- 164.1 ' 2) LOT WIDTH MEASURED AT THE REAR OF THE REQUIRED FRONT YARD GRAPHIC SCALE , _ = � . Group, LLC MAX. LOT COVERAGE BUILDINGS -- 14.5% SETBACK FOR R2 ZONING DISTRICT. - -- - 40 o so 4o so 160 MAP 16 LOT 242 MAX. RESIDENTIAL SPACE 50% 40.6% u 3) MAX BUILDING HEIGHT OCCURS ALONG FRONT OF BUILDING 3. - • • - =� = • • N/F - � - MIN. FRONT YARD DEPTH -- 59.1 ' SEE ARCHITECTURAL DRAWINGS BY BEAUDS ART, INC. HARMONY GROVE -_-rS P.O Box 7061 �} MIN. SIDE YARD DEPTH -- 47.6' 4 215 SPACES PROVIDED FOR RESIDENTIAL PORTION OF THE SITE IN FEET�>r-r ) CORPORATION _ _ �� _ - - - - - � � � I 1 100 Cummings Center, Suite 224G MIN. REAR YARD DEPTH -- 40.0' ) 1 .5 SP/UNIT). 22 SPACES PROVIDED FOR THE EXISTING OFFICE I inch = 40 ft _— _ - _-- _ _ — — Beverly, MA 01915 _ MAX. BUILDING HEIGHT FEET 50 44.15 BUILDING. _ _ s � TRICT _ _ - -- -- _ - ' f`- 25, WIDE R� p15 _ —_ — --t - - - -- Tel.• 978-927-5111 1 MAX. BUILDING HEIGHT STORIES 4 4 5) LOT AREA INCLUDES #1 & #5 HARMONY GROVE ROAD. - - r — — SEWER _ - - - _ — — -v Fax: 978-927-5103 -- 4 � - -�_ D� MIN. PARKING 215 _ - VE ROAD _ — -- - — — I _ - NY GROVE _ _ - - - - _ � _ - - 1 410 _ - MRM PROJECT _ - HARMO _ - - — - — _ - - _ _ - - __ _- - = — — _ �_ _ — —_ - _ - I 1� MANAGEMENT, LLC SALEM MA S TRACK AP 16 LOT 378 (5 HARMONY GROVE RD.) plS1RICT _ — �,� — - 44;432± SQ. FT _ - _ - I D - -- - - - - - - - — — ` �► - — — — ----^ 1.02 ACRES _ _ UTHOR�TY o _ _ AVON A OVERALL L PORT _ F — — — --- _ TIDAL TRANS _ - ';Im SITE LAYOUT �/ — — — ---_�- OANAL _ — 1/ _ _ _ — — — -- — I MAP 16 LOT 216 — — -- — --- H RIV(ER TS BA _ - - - - _ I N/F I I PLAN NORT _ �� SSACHUSET — _ _ _ — _ _ �— — TABLE OF RESIDENTIAL SPACE RAYMOND ,�m 1 M A LOT AREA RESIDENTIAL NON-RES. m MAP 86 LOT 135A _�--f �� USE AREA USE AREA I � N/F 1�--� ' — MAP 26 LOT 40 _ rte60 GROVE STREET 26,946 SF 0 SF 26,946 SF I O� --- S ' SOUTHERN ESSEX _ — N/F 1 ��` 1 SEWERAGE DISTRICT _ _ � KS MASS BAY TRANS AUTHORITY _ — N N 64 GROVE STREET 234, M � � 152 SF 142 056 SF 92 096 SF �'' R R TR AC _ - -� 1 HARMONY GROVE ROAD 20,909 SF 0 SF 20,909 SF Job No,: 700 OWN n 3 HARMONY GROVE ROAD 35,561 SF 4,799 SF 30,762 SF C- 3 BOUND _ - - �� 5 HARMONY GROVE ROAD 44,432 SF 0 SF 44,432 SF I I Fie Nam P/P/s/h-b TOTAL 362, 000 SF 146,855 SF 215,145 SF I D9� 12/20/11