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23 REAR MAY STREET - BUILDING INSPECTION 2- 3 �� MA9 5T-. eze Super ab. O+efmcRab Folders 90%Larger LabelArea • ■• /// 1 8MEAD KEEPING YOU ORGANIZED NIo.lam PWrPw SKU bUSA GET ORGANIZED AT SMEAD.COM 1 I 1 1 i i i I i Five Centennial Drive Peabody,MA 01960-7985 tel:978-532-1900 fax:978-977-0100 viwwmestonandsam pson.com pla"i JeweiNnH, �. Westono mpsone .marrtewlre. •8 arRdPmarl January 5, 2015 Thomas J. St. Pierre Inspectional Services Director and Zoning Enforcement Officer City of Salem 120 Washington Street, 3rd Floor Salem, Massachusetts 01970 Re: Notice of Activity and Use Limitation plai. _ne ParJc 23 Rear May Street Salem, Massachusetts RTN 3-31906 Dear Mr. St. Pierre: The purpose of this letter is to inform you that in December 2014, a Notice of Activity and Use Limitation ("AUL"), a copy of which is enclosed, was recorded with the Essex County Registry of Deeds (Southern District)in Book 33725, Page 407.The AUL affects all of the Splaine Park property located at 23 Rear May Street in Salem, Massachusetts 01970. The AUL identifies certain activities and uses which are inconsistent with maintaining a condition of No Significant Risk at the property.Such activities and uses are identified in order to prevent exposures to contaminated soil located beneath constructed barriers at the property and/or impervious surfaces.The AUL identifies those activities and uses which are consistent with maintaining a condition of No Significant Risk and those obligations and conditions necessary to ensure that a condition of No Significant Risk continues to exist at the property for the foreseeable future. This public notification is being provided pursuant to the Massachusetts Contingency Plan, 310 CMR 40.1090 and 310 CMR 40.1403(7)(a). If you have any questions, please contact Mr. Tom Devine, AICP, Senior Planner, at (978) 619-5682. Very truly yours, WESTON & SAMPSON Z�SJ James S. Currier, LSP, LEED GA Project Manager cc: Salem Chief Municipal Officer, Board of Health, and Massachusetts Department of Environmental Protection Northeast Regional Office Massachusetts Connecticut Rhode Island New Hampshire Maine Venni New York Florida Five Centennial Drive(HO) 273 Dividend Road 2778 Tiogue Avenue 100 International Drive PO Box 189 98 South Main Street 301 Manchester Road 1990 Main Street Peabody,MA 01960-7985 Rocky HIII,CT 06067 Coventry,RI 02816 Suite 152 York,ME 03909 Suite 2 Suite 201A Suite 750 100 Foxborough BNtl.,Suite 250 Portsmouth,NH 03801 Waterbury,VT 05676 Poughkeepsie,NY 12603 Sarasota,Fl-34236 Foxbomugh,MA 02035 225 New Boston Street When iVs essential...tts Westof Mampsono Woburn,MA 01801 '�' 3 ' llllllllllillllllllllllllllllillllllllllllllll 2014120900320 B03725 33125 Pg;401 !12/09/2014 12:44 NOTC AUL P9 1/20 Form 1075 _ .._.. Note: Pursuant to 310 CMR 40.1074(5), upon transfer of any interest in or a right to use the property or a portion thereof that is subject to this Notice of Activity and Use Limitation, the Notice of Activity and Use Limitation 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. Within 30 days of so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered, a copy of such deed shall be submitted to the Department of Environmental Protection. %, NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Splaine Park, 23 Rear May Street, Salem, Massachusetts DEP Release Tracking No.: 3-31906 This Notice of Activity and Use Limitation ("Notice") is made as of this Zen day of December, 2014, by THE CITY OF SALEM, MASSACHUSETTS, a public body, politic and corporate, organized and existing under the laws of the Commonwealth of Massachusetts and having a usual place of business at 120 Washington Street, Salem, Essex County, Massachusetts 01970, together with his/her/its/their successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, THE CITY OF SALEM is the owner in fee simple of those certain parcels of land located in Salem, Essex County, Massachusetts, with the improvements thereon, pursuant to deeds recorded with the Southern Essex District Registry of Deeds in Book 2776, Page 264, and Book 2784, Page 299; WHEREAS, said parcels of land, which are 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 Southern Essex District Registry of Deeds in Plan Book 55, Plan 26; WHEREAS, the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the 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 2IF") 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. A description of the basis for such restrictions, and the oil and/or hazardous material release evenf(§) or site history that resulted in the contaminated media subject to the Notice of Activity and Use Limitation 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 this Notice of Activity and Use Limitation are as follows: 1. Activities and Uses Consistent with Maintaining No Significant Risk Conditions. The following Activities and Uses are consistent with maintaining a Permanent Solution and a condition of No Significant Risk and, as such, may occur on the Property pursuant to 310 CMR 40.0000: (i) Use of the Property as a public park, including the presence of existing play areas, play equipment, seating walls, tables and related facilities and associated landscaping, and walkways; (ii) Occupancy by park visitors for normally anticipated recreational activities and ancillary park uses such as public meetings, assemblies, fund raising and charity events, cultural activities, and education; (iii) Maintenance of existing baseball field, landscaped areas, berms, mulch, or other aesthetic enhancement or erosion control materials; . (iv) Utility, park equipment, facilities maintenance and repairs that do not disturb soil encapsulated beneath the geotextile liners at the north and south berms, and/or soil directly below the impervious surfaces (basketball court, pavement, and rubber play surface); (v) Maintenance, including replacement of surface materials such as asphalt paving or rubber play surface, such that removal of such surfaces is limited to the material to be replaced and the underlying soil is not disturbed and where the surface material is immediately repaired or replaced with a comparable material; (vi) Any other public, commercial or industrial/construction activities and uses that do not cause and/or result in the direct contact with, disturbance of, and/or relocation of the contaminated soil located beneath the geotextile liners at the north and south berms, and/or soil directly below the impervious surfaces (basketball court, pavement, and rubber play surface); (vii) Excavation associated with non-emergency underground utility and/or construction, which is likely to disturb metal and PAH contaminated soil, provided that it is conducted in accordance with a Soil Management Plan (SMP) and a Health and Safety Plan (HASP) prepared and implemented in accordance with Obligations and Conditions (iii) and (iv); (viii) Emergency excavation and repair of existing subsurface; (ix) Such other activities or uses which, in the Opinion of a Licensed Site Professional, 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 (x) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with maintaining No Significant Risk Conditions. 2. Activities and Uses Inconsistent with Maintaining No Significant Risk Conditions. The following Activities and Uses are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk pursuant to 310 CMR 40.0000, and, as such, may not occur on the Property: (i) Residential uses, including but not limited to, one family or two-family dwellings, apartments, tenement houses, condominiums or town houses, mobile homes, lodging houses, nursing or rest homes, or dormitories; (ii) Agricultural uses, including but not limited to, tilling and planting of gardens or crops for human consumption, unless such crops are grown in raised bed planters; (iii) Institutional uses, including but not limited to, public or private schools and day care facilities; (iv) Activities or uses which are likely to involve the removal and/or disturbance of the contaminated soil located beneath the geotextile liners at the north and south berms, and/or beneath impervious surfaces (basketball court, pavement, and rubber play surface) at the Property with the exception of underground utility and/or construction work carried out in accordance with the Conditions set forth under Paragraph 3, unless an LSP renders an Opinion which states that a Level of No Significant Risk is maintained at the site consistent with the MCP; (v) Any use or activity that may involve direct ongoing contact to the contaminated soil located beneath the geotextile liners at the north and south berms, and/or beneath impervious surfaces (basketball court, pavement, and rubber play surface), or any use or activity that may not comply with the Conditions set forth under Paragraph 3; and (vi) Such other activity and uses not identified in Paragraph 2 of the AUL, but identified as being Activities and Uses inconsistent with maintaining No Significant Risk Conditions. 3. Obligations and Conditions. The following obligations and/or conditions are necessary and shall be undertaken and/or maintained at the Property to maintain a Permanent Solution and a condition of No Significant Risk: (i) The constructed barriers within the AUL area must be maintained and must be inspected on at least an annual basis to confirm their ability to effectively prevent exposure(s) to underlying contaminated soils through direct contact, ingestion and/or inhalation. This contaminated soil is currently located beneath constructed barriers that are designed to be a "marker" layer. The constructed barriers consist of either: [a] three (3) feet of clean soil above a geotextile marker layer in landscaped areas and referenced on the As-Built Site Plan in Exhibit B as the North and South Berms; or [b] impervious or hardscape surface areas (basketball court, pavement, and rubber play surface) as shown on said As-Built Site Plan; (ii) The constructed barriers, as described in 3(i), must be maintained, repaired, and/or replaced as necessary with a comparable barrier, to prevent exposure(s) to underlying contaminated soils (through direct contact, ingestion and/or inhalation). (iii) A SMP must be prepared by an LSP and implemented prior to the commencement of any activity which is likely to disturb contaminated soil beneath the constructed barriers within the AUL Area. The SMP should describe appropriate soil excavation, characterization, handling, storage, transport and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers who may come into contact with the contaminated soil should be appropriately trained on the requirements of the SMP, and the plan must be available on-site throughout the course of a project; (iv) A HASP must be prepared by a certified Industrial Hygienist or other qualified individual trained in worker health and safety requirements and implemented prior to the commencement of any activity which is likely to disturb contaminated soil beneath the constructed barriers within the AUL Area. The HASP should specify the type of personal protection (i.e., clothing, respirators), engineering controls, and environmental monitoring necessary to prevent worker exposures to metals-contaminated soil through dermal contact, ingestion, and/or inhalation. On-site workers who may come into contact with the contaminated soil should be appropriately trained on the requirements of the HASP, and the plan must be available on-site throughout the course of a project; and (v) The contaminated soil located beneath the constructed barriers within the AUL Area may not be relocated, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that relocation is consistent with maintaining a condition of No Significant Risk. 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 a Licensed Site Professional who shall render an Opinion, in accordance with 310 CMR 40.1080, as to whether the proposed changes are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk. Any and ali 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 Permanent or Temporary Solution. 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 a Licensed Site Professional in accordance with 310 CMR 40.1080, and without additional response actions, if necessary, to maintain a condition of No Significant Risk. 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 a Licensed Site Professional in accordance with 310 CMR 40.1080, 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. 6. Incorooration 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 in accordance with 310 CMR 40.1074(5). 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 Licensed Site Professional, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). WITNESS the execution hereof under seal this C; day of December, 2014. Mayor Kimberley Driscoll CITY OF SALEM, MASSACHUSETTS COMMONWEALTH OF MASSACHUSETTS Essex, ss December, 2014 On thisc2r),( ay of December, 2014, before me, the undersigned notary public, personally appeared Mayor Kimberley Driscoll, proved to me through satisfactory evidence of identification, which were A4q- �YI V`i , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. as Mayor for THE CITY OF SALEM, MASSACHUSETTS c'Otp� yc MM'': �'- (official signature and seal of notary) 7...V p1. 30 '�A% tp Lo i.T� m. f• The undersigned Licensed Site Professional hereby certifies that in his Opinion this Notice of Activity and Use Limitation is consistent with a Permanent Solutio d maintaining a condition of No Significant Risk. Date: Ducem©eye 3, Zoty James . Currier, LEED GA [Lice s d Site P fe siona SEAL] ASN OF AIR Q4M NaMn COMMONWEALTH OF MASSACHUSETTS Essex, ss December 3 , 2014 On this 3 day of December, 2014, before me, the undersigned notary public, personally appeared James S. Currier, LSP#2373, proved to me through satisfactory evidence of identification, which were PArso_ najl- Known , 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 LSP for THE CITY OF SALEM, MASSACHUSETTS nature and seal of notary) Upon recording, return to: City of Salem—Mayor's Office 120 Washington Street Salem, MA 01970 Exhibit A Legal Descriptions of Parcels of Land Containing AUL Splaine Park 23 Rear May Street Salem, Massachusetts Release Tracking Number (RTN): 3-31906 A parcel of land situated in the City of Salem, Essex County, Massachusetts, bounded and described as follows: Beginning at a point marked "AA" as shown on a plan entitled"Land conveyed to the City of Salem for Playground Purposes, Scale 1 in. = 40 feet, July 1928. Frank P. Morse, City Engineer", thence running: SOUTHWESTERLY by land of Frederick A. Gannon about twenty four feet (24.0±) to a point marked "T' on said plan; thence running more SOUTHWESTERLY by land of said Frederick A. Gannon and land of Mary M. Creedon about one hundred forty two feet (142.0±) to a point marked "E" on said plan; thence running in a general NORTHWESTERLY direction by land of Mary M. Creedon about one hundred forty four feet (144.0±) to a point marked "F" on said plan; thence running in a general NORTHEASTERLY by land of W. Herbert Abott, Inc. about one hundred fifteen feet (115.0±) to a point marked "G" on said plan; thence running SOUTHEASTERLY by land of Existe H. Lasnier eighty nine and three tenths feet (89.3) to a point marked "H" on said plan; thence running more SOUTHEASTERLY by land of Bessie M. H. Gannon thirty eight and ninety eight hundredths feet (38.98) to said point "AA" and point begun at. Said parcel contains about 18,900 square feet and is shown on a plan recorded in the Southern Essex District Registry of Deeds in Plan Book 55, Plan 26, pursuant to a deed recorded in the Southern Essex District Registry of Deeds in Book 2784, Page 299. A second parcel of land situated in the City of Salem, Essex County, Massachusetts, bounded and described as follows: Beginning at a point marked "A" as shown on a plan entitled "Land Conveyed to the City of Salem for Playground Purposes, Scale 1 in. = 40 feet, July 1928. Frank P. Morse, City Engineer' thence running: SOUTHEASTERLY by a Right of Way, fifteen feet (15.0) to a point marked "B" on said plan; thence running SOUTHWESTERLY by land of Mary E. Gray and land of Albert F. Kenney about two hundred forty feet (240.0) to a point marked "C" on said plan; thence running NORTHWESTERLY by land of Mary M. Creedon about one hundred sixty- five feet (165.0) to a point marked "D" on said plan; thence running NORTHEASTERLY by land of said Frederick A. Gannon et al about one hundred thirty-three feet (133.0) to a point marked "Z" on said plan; thence running less NORTHEASTERLY by land of said Frederick A. Gannon et al about twenty- four feet (24.0) to a point marked "AA" on said plan; thence running SOUTHEASTERLY by a Right of Way, land of Frederick A. Gannon et al, and land of Margaret M. Herlihy, ninety seven and seventy seven hundredths feet (97.77) to a point marked -r, on said plan; thence running SOUTHWESTERLY by land of Joseph J. Fogarty, fifty feet (50.00) to a point marked "J" on said plan; thence running SOUTHEASTERLY by land of said Joseph J. Fogarty, seventy nine and fifty hundredths feet (79.50) to a point marked "K" on said plan; thence running NORTHEASTERLY by land of said Joseph J. Fogarty, fifty four feet (54.00) to said point"A" and point begun at. Said parcel contains about 31,200 square feet and is shown on a plan recorded in the Southern Essex District Registry of Deeds in Plan Book 55, Plan 26, pursuant to a deed recorded in the Southern Essex District Registry of Deeds in Book 2784, Page 300. A third parcel of land situated in the City of Salem, Essex County, Massachusetts, bounded and described as follows: Beginning at a point marked "N" as shown on a plan entitled "Land Conveyed to the City of Salem for Playground Purposes, Scale 1 in. = 40 feet, July 1928. Frank P. Morse, City Engineer", thence running: WESTERLY by land of Albert F. Kenney, one hundred twenty and two hundredths feet (120.02) to a point marked "O" on said plan; said line "NO" being on the center line of a forty foot street running westerly from Essex St.; thence running NORTHWESTERLY by land of said Albert F. Kenney, eighty and sixty hundredths feet (80.60) to a point marked "P" on said plan; thence running NORTHEASTERLY by land of said Albert F. Kenney about seven feet (7.0±) to a point marked "C" on said plan; thence running NORTHWESTERLY by land of Frederick A. Gannon, about one hundred sixty-five feet (165.0±) to a point marked "D" on said plan; thence running SOUTHWESTERLY by land of Frederick A. Gannon et al, about nine feet (9.0±) to a point marked "E" on said plan; thence running in a general NORTHWESTERLY direction by land of Frederick A. Gannon et al about one hundred forty-four feet (144.0 to a point marked "F" on said plan; thence running still in a general NORTHWESTERLY direction on a curved line of a radius of three hundred fifteen feet (315) by land of W. Herbert Abbott Inc. a distance of about one hundred fifteen feet (115.0±) to a point marked "V" on said plan; thence running SOUTHWESTERLY by land of Dane Machine Co., Inc., thirty feet (30.0) to a point marked "W" on said plan; thence running SOUTHEASTERLY by land of Looney on a curved line of a radius of two hundred eighty-five feet a distance of about sixty feet (60.0±) to a point marked "X" on said plan; thence running SOUTHWESTERLY by land of Looney about twenty-six and five tenths feet (26.5±) to a point marked "Y" on said plan; thence running SOUTHEASTERLY by land of Looney about three hundred and forty feet (340.0±) to a point marked "T" on said plan; thence running NORTHEASTERLY by land of Albert F. Kenney about forty-three feet (43.0 to a point marked "Q" on said plan; thence running SOUTHEASTERLY by land of said Albert F. Kenney about seventy-nine feet (79.0±) to a point marked `BB" on said plan; thence running NORTHEASTERLY by land of grantor about thirty-one feet (31.0±) to a point marked "U" on said plan; thence continuing on the same course still by land of grantor about one hundred fifty feet (150.0±) to said point "N" and point begun at. Said parcel contains about 29,600 square feet and is shown on a plan recorded in the Southern Essex District Registry of Deeds in Plan Book 55, Plan 26, pursuant to a deed recorded in the Southern Essex District Registry of Deeds in Book 2776, Page 264. Also releasing to the grantee all rights of way and easements in land this day granted by Albert F. Kenney to the grantee, described as follows: Beginning at a point marked "L" as shown on the above entitled plan; thence running SOUTHEASTERLY by land of Mary E. Gray, twenty-seven and fifty hundredths feet (27.50) to a point marked "M" on said plan; thence running SOUTHWESTERLY by land of grantor about one hundred sixteen feet (116.0) to a point marked "N" on said plan; thence running WESTERLY by land of Mary M. Creedon, one hundred twenty and two hundredths feet (120.02) to a point marked "O" on said plan; said line "NO" being on the center line of a forty foot street running westerly from Essex St.; thence running NORTHWESTERLY by land of Mary M. Creedon, eighty and sixty hundredths feet (80.60) to a point marked "P" on said plan; thence running northeasterly by land of Frederick A. Gannon, one hundred eighty feet (180.0) to said point "L' and point begun at. Said parcel contains about 16,800 square feet. Exhibit B Sketch Plan Splaine Park 23 Rear May Street Salem, Massachusetts Release Tracking Number (RTN): 3-31906 Zb 55 s 26 M_ a9P,' LAND CONVEYED TO THE CITY OF SALEM y'b FOR PLAYGROUND PURPOSES �, b rePowc`bo < SCALE I IK- 40 FT, JULY, 1928. 8°a,' '' �, pp e60 .4'1 PLAN MIX SS PLAN 'Yb (e y° � - ueu lwlBlRx or arse.,aa.awn .0�cp ■u.Iv -SIX oo `moo, �axMe�.►:a3.r,ah�-'. BrA.. �Pr est � p G 4y' q a° Go u ✓ose�oh ./ � � '� � U c^ Q<� F°9arty Ell o Z W C o c N l,Gx\ O _ LU X 1 OJ iQ TA MAY ST 're tG%rNEI � Li i If 86;Bn;���� HIM H 91 ..A7Q, x� gg T Ea / y A/ fa y I � .y I I Exhibit C Narrative Describing the Basis for Activity and Use Limitation (AUL) Splaine Park 23 Rear May Street Salem, Massachusetts Release Tracking Number (RTN): 3-31906 This narrative describing the basis for the AUL was prepared in accordance with 310 CMR 40.1074(2)(e) through (g) of the Massachusetts Contingency Plan (MCP). The MCP requirements are shown in bold italic text in the following sections of this exhibit with the obligatory information provided in normal text. 40.I074(2)(e) a statement that specifies why the Notice of Activity and Use Limitation is appropriate to maintain a Permanent Solution and condition of No Significant Risk; Remedial actions included the implementation of a targeted soil removal and management program to reduce human health risk associated with exposure to metal and PAH-impacted soils at the Property. The majority of this impacted soil was relocated and encapsulated on-Site under constructed caps comprised of a geotextile marker liner and three (3) feet of clean soil to prevent exposure and reduce risk. The remaining impacted soil, which would not fit under the constructed caps, was transported off-Site to a licensed disposal facility. In addition, park improvements (i.e., repaving and extending the paved basketball court and playground area, and installing an impervious rubber play surface) resulted in capping those contaminated soils in place without excavation and relocation to also prevent exposure and reduce risk. A Method 3 Risk Characterization was performed to evaluate the potential health risks posed by the remaining metal and PAH contaminated soil. The risk characterization concluded that the Property poses No Significant Risk (NSR) to health, safety, public welfare, or the environment under current conditions and use as a public park. However, a Significant Risk would exist where exposure to capped soils was not controlled by limiting accessibility and future site use. Therefore, the purpose of this AUL is to restrict certain potential exposure pathways (e.g., residential use) to contaminants. Certain exposure pathways at the Site are being restricted since such exposures could potentially result in a significant risk to health due to possible frequent, intensive, and long-term contact with contaminated soils. Thus, the implementation of the AUL is appropriate to confirm that Site activities and uses will not result in potential risk of harm to human health, and is necessary to support a Permanent Solution and condition of No Significant Risk at the Site. Finally, RTN 3-31906 will achieve regulatory closure with the filing of a Permanent Solution with Conditions (PSWC) Statement concurrently with the implementation of an AUL. 40.1074(2)(1) a concise summary of the oil and/or hazardous material release event(s) or site history (i.e., date of the release(s), to the extent known, release volumes(s), and response actions taken to address the release(s)) that resulted in the contaminated media subject to the Notice of Activity and Use Limitation; The Property is known as Splaine Park and is currently owned by the City of Salem, Massachusetts. The property is located in a mixed-use, urban setting and was developed as a public, recreational facility in 1957. In general, the facility retained its previous park configuration throughout the last five decades until the fall of 2012. At that time, the City of Salem commenced park rehabilitation activities, which included selective demolition of existing features, re-grading, and the construction of new park features consisting of. a pavilion structure; playground equipment; concrete walkways and stairs; walking paths; a baseball field; and the installation of new underground utilities. In December 2012, historic anthropogenic fill was encountered during demolition and construction related rehabilitation activities at the Property. An environmental investigation was performed in January 2013 that identified coal, coal ash, and miscellaneous debris contained within the fill layer. Samples collected from within this fill material exhibited metal and PAH concentrations above background' concentrations for soil containing coal ash or wood ash associated with fill material as established by the MassDEP in the May 2002 Technical Update entitled Background Levels of Polycyclic Aromatic Hydrocarbons and Metals in Soil (Urban Fill Standards). To better define the extent of the fill layer, a more comprehensive subsurface investigation was completed in June 2013. Although coal ash was identified in the majority of the samples collected on Site, lead and arsenic concentrations detected in soil exceeded MassDEP Urban Fill Standards. Furthermore, the distribution of contamination at the Site could not completely support the regulatory exemption and rule out a possible release mechanism or historic source. Thus, it was concluded that contaminant concentrations constituted a 120-day notification obligation. Consequently, the City notified MassDEP on December 3, 2013, who subsequently assigned RTN 3-31906 to the Site. Based on the results of the 2013 investigations, a preliminary Method 3 risk assessment was performed for the Site to assist the City of Salem with managing risk appropriately for use as a park and to identify target cleanup goals for the Site. The Method 3 risk assessment identified lead as the primary risk driver and determined a target cleanup goal (i.e., site wide average) for lead in soil at 370 milligrams per kilogram (mg/kg). In April and May 2014, a Release Abatement Measure (RAM) was completed at the Site utilizing the target cleanup goal to identify localized areas of lead-impacted soils for remediation. The RAM activities performed at the Site included the excavation, removal, encapsulation, and off-site disposal of approximately 672.5 cubic yards (cy) of impacted soil. Following the completion of remedial activities at the Site in June 2014, residual concentrations of impacted soils greater than Method 1 S-1 standards and/or background concentrations remained; however, an updated Method 3 risk characterization was conducted which concluded that a condition of NSR was achieved for both current and foreseeable future Site use provided that an AUL is maintained at the Site that will restrict future residential development and restrict future site activities with the potential to disturb residual contaminated soils. 40.1074(2)(g) a description of the contaminated media (i.e., media type(s), contaminant type(s), approximate vertical and horizontal extent) subject to the Notice of Activity and Use Limitation. In December 2012, demolition and construction activities at the Property were suspended when historic, anthropogenic fill was encountered during excavation activities. Based on several subsurface investigations completed at the Site, the contamination present in soil does not appear to be associated to a single release, but rather linked to the ubiquitous presence of by-products utilized as uncontrolled historic fill material throughout the Site. The fill layer extends to depths of approximately 13 feet to 19 feet below grade and consists of sand, silt, and gravel mixed with variable amounts of coal, coal ash, slag, glass, pottery, and brick fragments. Native organic and inorganic soil was encountered underlying the fill material. Native soil units generally consisted of marsh deposits (peat) overlying inorganic soils generally comprised of brown and gray coarse to fine silty sand containing variable amounts of clay. Contamination at the Site is widespread throughout the property and restricted to the historic fill unit. Soil is primarily impacted by metals (arsenic and lead) and PAHs at concentrations greater than applicable MCP Method 1 S-1 cleanup standards. The release does not appear to have impacted groundwater at the Site. Dissolved concentrations of metals in groundwater at the Site are below applicable MCP Method 1 GW-2 and GW-3 standards. Based on these observations, soil contamination at the Site is restricted and related to the historic fill unit present on Site. Analytical results confirm that contaminants are not present in the native soil units underlying the fill, did not dissolve or leach into the Site's groundwater, and did not migrate off Site. Due to elevated concentrations and frequency of detection, lead is the primary contaminant of concern at the Site. The elevated cohcentrations of lead in the localized areas were addressed through the RAM activities conducted at the Site. In the spring of 2014, the most significantly lead-impacted soils (>1000 mg/kg) were removed from accessible areas and either capped on- site (identified as North and South Berms) or removed for off-Site disposal. Soil contamination left in place following the completion of the RAM activities consists of metals and PAHs in soil. An As-Built Site Plan showing existing conditions is included in Exhibit B. Exhibit D Documentation of Signatory Authority Splaine Park 23 Rear May Street Salem, Massachusetts Release Tracking Number (RTN): 3-31906 &//cea tEe �eyr 6'l �,�ri*rrgG \Tdln`r•:fir January 29, 2014 TO WHOM IT MAY CONCERN: This is to certify that Kimberley Driscoll, is the duly elected Mayor on the City of Salem. This is to further certify, that the Mayor is the highest ranking executive officer in the City of Salem, and as such, is authorized and empowered to sign contracts and agreements on behalf of the City of Salem. This is to further certify that, I Cheryl A. LaPointe, City Clerk of the City of Salem, by the powers vested in me by Massachusetts General Laws, have the duty and authority to certify and affix the City of Salem corporate seal to documents signed by the Mayor of the City of Salem. ATTEST: CHERk A. LAPOINTE CITY CLERK COMMONWEALTH OF MASSACHUSETTS ESSEX REGI TRY OF DEEDS,SO.DIST.,SALEM,MASS ESSEX SS2c2Mye` moi. 2014 A TRUUEE COY OF RECORD: BOOK22-13LPAGE -'/0- ATTEST REGISTER