35 NORMAN STREET - BUILDING INSPECTION ,�J i'�/'G�,�-1 f� i�f �'
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston—Northeast Regional Office
JANE SWIFT BOB DURAND
Governor
Secretary
FEBffyy
® LAUREN A.LISS
2 8 2002 Commissioner
NYNEX(a/k/a Verizon) =35Normanet125 High Street 9Room 1006 e._
Boston,MA 02110-2721 Activity and Use Limitation
Attn: Mark Landin Interim Deadline
RAO SCREENING REVIEW
AUL SUMMARY COMPLIANCE REVIEW
Dear Mr. Landin:
On August 11, 1997, the Department of Environmental Protection (the Department) received a
Class A-3 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL)
for the above-referenced site. On August 5, 1998, the Legislature enacted the `Brownfields Act"
which called on the Department to conduct a targeted audit of all sites at which AULs have been
implemented in order to ensure that these actions are meeting the requirements of Massachusetts'
laws and regulations, including_Massachusetts_General-Law chapter-21E-and-the-Massachusetts-
Contingency Plan (MCP). -The Department's audit of this site consisted of an RAO Screening
Review and an AUL Summary Compliance Review.
RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW
A screening review of the RAO was performed using a standard Department checklist.
Examples of the Department's checklists are available on the Internet at
http://www.state.ma.us/dgp/bwse/audits.htm. The Department is not directing you to undertake
further response actions at this time. Please note, however, that the review conducted by the
Department was not a comprehensive audit, and the Department reserves the right to conduct a
comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one
occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may
require you to undertake further response actions at the site.
This information Is available in alternate format by calling our ADA Coordinator at(617)570.6872.
205A Lowell St. Wilmington.MA 01887 - Phone(978)661-7600 . Fax(978)661-7615 . TTD#(978)661-7679
1000 Printed on Recycled Paper
Salem,RTN 3-3502 and 3-11069 2
AUL SUMMARY COMPLIANCE REVIEW
Chapter 206 of the Acts of 1998 (The Brownfields Act) requires that the Department conduct an
audit of all sites with AULs. hi carrying out this mandate, the Department has established
special procedures for reviewing AULs recorded on or before October 29, 1999, including the
AUL submitted as part of the RAO for your site. Please note that these procedures do not apply
to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review
should not be relied upon to predict audit results for such AULs.
Applying the procedures described above, the Department has identified an error in the AUL that
requires correction. Specifically:
• The AUL does not adequately define what uses and activities are permitted at the site,
what uses and activities are restricted, or what obligations and conditions must be
maintained at the site.
a. The AUL inappropriately permits residential use, which is not supported by the
Method 1 risk characterization conducted for the site. Under the Method 1, future
residential use of the site, and activities consistent with residential use, must be
prohibited with an AUL when contamination remaining in soil is present at depths
less than 15 feet below grade. Therefore, the subject AUL must be corrected to
resolve this error.
b. The AUL permits a practice regarding the reuse of soils that could be in violation
of the MCP. The MCP allows reuse of contaminated soil on site only if a prior
evaluation is conducted to ensure that contaminant levels in the soils to be reused
are not significantly greater than the contaminant levels in the receiving soils.
The AUL, however, does not recite this restriction, and suggests that reuse of soil
may be appropriate without proper evaluation of the reused and receiving soils.
The AUL must be corrected to specify that (a) the soil can be reused only within
the AUL area at least seven feet below grade or (b) .an evaluation must be
conducted-to-detennine-the-level-of-oil-and/or hazardous materials in both the
-excavated soil and the receiving location prior to any reuse, in conformance with
310 CMR 40.0032(3).
To correct this error, an Amendment and Ratification of Notice of Activity and Use Limitation
must be implemented within 180 days of the date of this Notice, using the enclosed form and
instructions. Please note that the AUL Opinion must be prepared and attached to the
Amendment and Ratification Form using Form 114S. In addition, a legal notice regarding the
original AUL and the AUL Amendment must be published in the local newspaper and a copy of
the notice must be submitted to the Department. Alternatively, you may submit a new RAO
Statement within 180 days of the date of this Notice, documenting the achievement of a Class A-
1, A-2, or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of
No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L. c:21E,
310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject
to enforcement action by the Department.
d
Salem,RTN 3-3502 and 3-11069 3
The Department has prepared forms and detailed instructions for implementing the required
AUL corrections. Copies of the forms and instructions are attached, and are available on the
Department's AUL Audit Project web page, httv://www.state.ma.us./dpp/bwsc/files/audits/
aulfix.htm. This web page will be updated periodically to address any commonly asked
questions that arise as a result of AUL audits.
The Department is also offering several training workshops in the next few months. The
Department recommends that you (and/or the Licensed Site Professional (LSP)/attorney
preparing your AUL corrections) attend one of these workshops if you have questions on how to
proceed. The training schedule is also available on the Department's AUL Audit Project web
page. To obtain a schedule and/or register for the workshops, contact Thomas Potter, DEP's
Statewide Audit Coordinator at(617) 292-5628.
POST AUDIT COMPLETION STATEMENT REQUIRED
When the AUL Error is corrected, you should submit to the Department(attention: BWSC Audit
Section) a Post-Audit Completion Statement in accordance with 310 CMR 40.1170, a copy of
which is attached.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to Jack M. McKenna, LSP #4913, the LSP-of-Record for the
Disposal site.
LIMITATIONS & RESERVATION OF RIGHTS
Please note that the screening review conducted by the Department on the RAO was not a
comprehensive audit, and the Department reserves the right to conduct a comprehensive.audit of
the-RAO at_any_time.in-the-future:—It-is-possible-that-a-future-comprehensive-audit,—if-one=occurs,
may identify deficiencies and/or violations of applicable laws and regulations, may require you
to undertake further response actions at the site, and may invalidate the AUL. The screening
review is not a representation by the Department that the RAO complies with M.G.L. c. 21E, 310
CMR 40.0000, or any other laws, regulations, or requirements.
The Department's findings were based upon the accuracy and certainty of the information
reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or
future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in
the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under
M.G.L. c. 21E; 310 CMR 40.0000, or any other laws, regulations, or requirements. The
Department retains authority to take or arrange,or to require any Responsible Party or Potentially
Salem,RTN 3-3502 and 3-11069 4
Responsible Party to perform any response action authorized by M.G.L. c. 21E, which the
Department deems necessary to protect health, safety,public welfare, or the environment.
Sincerely,
�n
� I
Patricia M. Donahue
Chief,Audit Section
Bureau of Waste Site Cleanup .
Filename: ED P:\AULLefters\scnof3-3502and-11069.doc
Scnoafv6_105}1_01]
Attachments:
Audit Follow-Up Plan Transmittal Form&Post-Audit Completion Statement(BWSC-111)
AUL Amendment and Ratification Form and Instructions
Activity&Use Limitation (AUL) Opinion Form(BWSC-114S)
cc:
Salem Mayor's Office
Salem Health Department
Salem Zoning Code Enforcement Official
Salem Building Inspector
Jack M. McKenna, LSP-of-Record(LSP#4913), HydroTerra Environmental Services, 272
Dover Point Road,Dover,NH 038204666
David—G—Johnson, LSP-of=Record—farRTN'3=TI069—(LSP #5799),—WaterBmergency
Preparedness GE Aircraft Engines, 1000 Western Ave MS 164X9, Lynn, MA
01910-0001
Thomas M.Potter,Audit Coordinator,DEP-Boston
NERO/Data Entry/RAO/TSAUD
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston-Northeast Regional Office
JANE SWIFT BOB DURAND
Governor
- - Secretary
- FEBp LAUREN A.LISS
B 2 8 2002 Commissioner
I
NYNEX(a/k/a Verizon) RC: Salem-35 Norman Street
125 High Street RTN 3-3502 and 3-1 L069
Room 1006 Response Action Outcome
Boston,MA 02110-2721 Activity and Use Limitation
Attn: Mark Landin Interim Deadline
RAO SCREENING REVIEW
AUL SUMMARY COMPLIANCE REVIEW
Dear Mr. Landin:
On August 11, 1997, the Department of Environmental Protection (the Department) received a
Class A-3 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL)
for the above-referenced site. On August 5, 1998, the Legislature enacted the `Brownfields Act"
which called on the Department to conduct a targeted audit of all sites at which AULs have been
implemented in order to ensure that these actions are meeting the requirements of Massachusetts'
laws and regulations, incl-tiding_Massachusetts_General_Law-chapter_21E_and_the-Massachusetts -
Contingency Plan (MCP). The Department's audit of this site consisted of an RAO Screening— ---
Review and an AUL Summary Compliance Review.
RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW
A screening review of the RAO was performed using a standard Department checklist.
Examples of the Department's checklists are available on the Internet at
hiip://www.state.ma.us/dgp/bwsc/audits.htm. The Department is not directing you to undertake
further response actions at this time. Please note, however, that the review conducted by the
Department was not a comprehensive audit, and the Department reserves the right to conduct a
comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one
occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may
require you to undertake further response actions at the site.
This information is available in alternate format by calling our ADA Coordinator at(617)574.6872.
205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661.7615 • TTD#(978)661-7879
Printed on Recycled Paper
Salem,RTN 3-3502 and 3-11069 2
AUL SUMMARY COMPLIANCE REVIEW
Chapter 206 of the Acts of 1998 (The Brownfields Act) requires that the Department conduct an
audit of all sites with AULs. In carrying out this mandate, the Department has established
special procedures for reviewing AULs recorded on or before October 29, 1999, including the
AUL submitted as part of the RAO for your site. Please note that these procedures do not apply
to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review
should not be relied upon to predict audit results for such AULs.
Applying the procedures described above, the Department has identified an error in the AUL that
requires correction. Specifically:
• The AUL does not adequately define what uses and activities are permitted at the site,
what uses and activities are restricted, or what obligations and conditions must be
maintained at the site.
a. The AUL inappropriately permits residential use, which is not supported by the
Method 1 risk-characterization conducted for the site. Under the Method 1, fixture
residential use of the site, and activities consistent with residential use, must be
prohibited with an AUL when contamination remaining in soil is present at depths
less than 15 feet below grade. Therefore, the subject AUL must be corrected to
resolve this error.
b. The AUL permits a practice regarding the reuse of soils that could be in violation
of the MCP. The MCP allows reuse of contaminated soil on site only if a prior
evaluation is conducted to ensure that contaminant levels in the soils to be reused
are not significantly greater than the contaminant levels in the receiving soils.
The AUL, however, does not recite this restriction, and suggests that reuse of soil
may be appropriate without proper evaluation of the reused and receiving soils.
The AUL must be corrected to specify that (a) the soil can be reused only within
the AUL area at least seven feet below grade or (b) an evaluation must be
conducted-to-detemune the level of oil-and/or hazardous materials-in-both-the
excavated soil and the receiving location prior to any reuse, in conformance with
310 CMR 40.0032(3).
To correct this error, an Amendment and Ratification of Notice of Activity and Use Limitation
must be implemented within 180 days of the date of this Notice, using the enclosed form and
instructions. Please note that the AUL Opinion must be prepared. and attached to the
Amendment and Ratification Form using Form 114S. In addition, a legal notice regarding the
original AUL and the AUL Amendment must be published in the local newspaper and a copy of
the notice must be submitted to the Department. Alternatively, you may submit a new RAO
Statement within 180 days of the date of this Notice, documenting the achievement of a Class A-
1, A-2, or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of
No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L. c,21E,
310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject
to enforcement action by the Department.
t �
Salem,RTN 3-3502 and 3-11069 3
The Department has prepared forms and detailed instructions for implementing the required
AUL corrections. Copies of the forms and instructions are attached, and are available on the
Department's AUL Audit Project web page, http://www.state.ma.us./dgpibwsc/files/audits/
aulfix.htm. This web page will be updated periodically to address any commonly asked
questions that arise as a result of AUL audits.
The Department is also offering several training workshops in the next few months. The
Department recommends that you (and/or the Licensed Site Professional (LSP)/attomey
preparing your AUL corrections) attend one of these workshops if you have questions on how to
proceed. The training schedule is also available on the Department's AUL Audit Project web
page. To obtain a schedule and/or register for the workshops, contact Thomas Potter, DEP's
Statewide Audit Coordinator at(617) 292-5628.
POST AUDIT COMPLETION STATEMENT REQUIRED
When the AUL Error is corrected, you should submit to the Department (attention: BWSC Audit
Section) a Post-Audit Completion Statement in accordance with 310 CMR 40.1170, a copy of
which is attached.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to Jack M. McKenna, LSP #4913, the LSP-of-Record for the
Disposal site.
LIMITATIONS & RESERVATION OF RIGHTS
Please note that the screening review conducted by the Department on the RAO was not a
comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of
the_RAO at-any time-in the-future. It is possible that-a future-comprehensive-audit, if-one-occurs,
may identify deficiencies and/or violations of applicable laws and regulations, may require you- -to undertake further response actions at the site, and may invalidate the AUL. The screening
review is not a representation by the Department that the RAO complies with M.G.L. c. 21E, 310
CMR 40.0000, or any other laws,regulations, or requirements.
The Department's findings were based upon the accuracy and certainty of the information
reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or
future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in
the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under
M.G.L. c. 21E, 310 CMR 40:0000, or any other laws, regulations, or requirements. The
Department retains authority to take or arrange, or to require any Responsible Party or Potentially
t
Salem,RTN 3-3502 and 3-11069 4
Responsible Party to perform any response action authorized by M.G.L. c. 21E, which the
Department deems necessary to protect health, safety,public welfare, or the environment.
Sincerely,
Patricia M. Donahue
Chief,Audit Section
Bureau of Waste Site Cleanup
Filename: ED P:\AULLetters\scnof3-3502and-11069.doc
Scnoafv6_105_31_01]
Attachments:
Audit Follow-Up Plan Transmittal Form&Post-Audit Completion Statement(BWSC-111)
AUL Amendment and Ratification Form and Instructions
Activity&Use Limitation(AUL) Opinion Form(BWSC-1145)
cc:
Salem Mayor's Office
Salem Health Department
Salem Zoning Code Enforcement Official
Salem Building Inspector
Jack M. McKenna, LSP-of-Record (LSP#4913), HydroTerra Environmental Services,272
'/:Dover Point Road,Dover,NH 03820-4666
David—G—Johnson,—LSP=of=Record—for RTN-3-1-1069—(LSP#5799),—Water/Emergency
Preparedness GE Aircraft Engines, 1000 Western Ave MS 164X9, Lynn, MA
01910-0001
Thomas M.Potter,Audit Coordinator,DEP-Boston
NERO/Data Entry/RAO/TSAUD
- 7
� 1
lsl�
{
e
New England Telephone
-A NYNE-_.,Company
125 High Street
Boston, Massachusetts02110
June 2, 1995
The Honorable Irlayor Neil J. Harrington
93 Washington Street
Salem, MA 01970
RE: Public Involvement Requirement
35 Norman Street
Salem, MA
DEP Site No. 3-11069
Dear Mayor Harrington:
In accordance with the public involvement requirements of the Massachusetts
Contingency Plan (310 CMR 40.0000), Nynex has prepared this letter providing
notification of the completion of a Response Action Outcome Statement (RAO)for the
aforementioned site. The RAO was completed in conjunction with an Activity and Use
Limitation (AUL), a copy of which has been attached. Further information concerning
the above referenced site is available at the Massachusetts Department of Environmental
Protection, Northeast Regional office located in Woburn, Massachusetts.
Sincerely,
Mar ndin
Project Manager
Attachment
cc: Salem Board of Health, Ms. Joanne Scott, 9 North Street, Salem, MA 0 19 70
Salem Zoning Official and Building Code Enforcement Official
' Mr. Leo Tremblay, One Salem Green, Salem, tWA 01970 ;
NYNEX Recycles
ot,--,01;95 01:29 Inst 325
C l 17-
—r042'
NOTICE OF ACTMTY AND USE LIMITATION
IYLG.L. c. 21E,§6 and 310 CMR 40.0000
Disposal Site Name: Nynex Central Office
35 Norman Street, Salem,MA
DEP Release Tracking# 3-11069
f
This Notice of Activity and Use Limitation("Notice")is made as of the �5'day of June, 1995 by
New England Telephone and Telegraph Company d/b/a Nynex, 125 High Street,Boston,MA 02110,
together with its successors and assigns, (collectively"Owner").
WITNESSETH:
WHEREAS,New England Telephone,of Suffolk County Massachusetts is the owner in fee
simple of that certain parcel of land located in Salem,Essex County,Massachusetts,with the buildings
and improvements thereon, ("Property");
WHEREAS, said parcel of land which is more particularly bounded and described in Exhibit A,
attached and made a part hereof("the Property")is subject to this Notice of Activity and Use Limitation.
The Property is shown on a plan recorded and/or registered in Essex County Registry of Deeds/Land
Registration Office in Book 2903,Page 506.
WHEREAS, one or more response actions have been selected for the Disposal Site in accordance
with M.G.L. c2 IE("Chapter 21E")and the Massachusetts Contingency Plan, 310 CMR 40.0000
("MCP"). Said response actions are based on(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
or under the Property. The basis for such restrictions are set forth in an Activity and Use Limitation
Opinion("AUL Opinion"),dated June 1, 1995, (which is attached hereto as Exhibit B and made a part
hereof); V
NOW,THEREFORE, notice is hereby given that the activity and use limitations set forth in said
AUL Opinion are as follows:
I. Permitted Activities and Uses Set Forth in the AUL Opinion.
The AUL Opinion provides that a condition of No Significant Risk to health, safety,public
welfare or the environment(such condition being defined in 310 CMR 40.0000)exists for any foreseeable
period of time so long as any of the following activities and uses occur on the Property:
1. Permitted uses include industrial,commercial and residential. Permitted site activities include
anything that does not disturb or result in contact with subsurface soils below seven feet below grade.
Site activities that disturb or result in contact with subsurface soils below seven feet below grade are
also permitted provided they conform to the conditions in item 3 below;and
2. 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.
_ pry p 1 i
3 471"a-D,
2. Activities and Uses Inconsistent with the AUL Opinion.
Activities and uses which are inconsistent with the AUL Opinion,and which, if implemented at
the Property, may result in a significant risk of harm to health,safety,public welfare or the environment
are as follows:
L Site activities that would disturb or result in contact with subsurface soils below seven feet below
grade unless appropriate precautions to prevent human exposure are taken as described in item 3
below.
3. Obligation and Conditions Set Forth in the AUL Opinion.
If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property as
set forth in the AUL Opinion in order that a condition of No Significant Risk may be maintained shall
include the following:
1. Excavated soil from below seven feet below grade to be removed from the site must be managed in a
manner consistent with 310 CMR 40.0030;
2. Excavated soil from below seven feet below grade without analytical testing,or that based on
analytical testing results,the TPH concentrations in the soil exceed the MCP S-1/GW-2 Method 1 soil
standards, can only be reused at the site if placed at a depth greater than 7 feet below grade. Soils
excavated from below 7 feet below grade that based on analytical testing results do not contain
contaminant concentrations that exceed the MCP S-1/GW-2 Method 1 soil standards may be reused
without limitation.
3. Subsurface activities conducted below 7 feet below grade must be conducted in accordance with
Health and Safety procedures outlined in 310 CMR 40.0018.
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 shall be evaluated by an LSP who shall render an Opinion, in
accordance with 310 CMR 40.1080 et seq.,as to whether the proposed changes will present a significant
risk of harm to health,safety,public welfare or the environment. Any and all requirements set forth in
the Opinion to ensure a condition of No Significant Risk in the implementation of the proposed activity or
use 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 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.
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
BK 1 304' PG 47Q
6. incorporation Into Deeds Mortgages,Leases and Instruments of Transfer
This Notice shall be incorporated either in full or by reference into all deeds,easements,
mortgages, leases, licenses,occupancy agreements or any other instrument of transfer,whereby an interest
in and/or a right to use the Property or a portion thereof is conveyed.
Owner hereby authorizes and consents to the filing and recordation and or registration of the Notice to
become effective when executed and sealed by the undersigned CSP,and recorded and/or registered with
the appropriate Registry of Deeds and/;or Land Registration Office.
WITNESS and execution hereof under seal this -?&fday of May, 1995.
Carl W. Payne
honer Director-Environmental Implementation
5TA'1C0FIVL YO&K, Ct)tc/A]1 OF NEU)VORKss:
§§ 26 1995
Then personally appeared the above named CadW V/�Vm and acknowledged the
foregoing to be his free act and deed before me, CAROL a MARTIN
(may public,State of New
Na 604range Cow
(( Qualified in Orange rnmb
Notary Public: Carrwntssiwr Er*s March 30'
My Commission Expires:
The undersigned LSP hereby certifies that he/she executed the aforesaid Activity and Use
Limitation Opinion attached hereto as Exhibit B and made apart hereof and that in his/her Opinion this
Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use
Limitation Opinion.
DATE: L �I 'gs
David G. Johnson, SP
COMMONWEALTH OF MASSACHUSETTS
, 1995
Then personally appeared the above named d acknowledged the
foregoing to be his free act and deed before me,
or Publ
o Commission Expires:94�i�/
c
_ r
cc c O m
A N �
p Q y m
O O: O A Oi tD
52.-0"
28'-3" o o No N
52'-5„ N
35'-a.5" N
102'-2,. 72'-2Imt 11
Owx nw _ C)7
--F� ......._Q ❑ L
J
D ❑ I
1964 Y"PV V
i....Y A`FF.'
m
MY? B+2 A I Bf2 1
1966 I. X11
'G*T°
TOI.l.,. CD.F.
4,_2, �
I�I
2nd FLOOR
O
m
20._0.. A -._i
00
SQ BI
RE ;=d
H0LYOKE r
Ul
' o
11
1�1
BK 1304 , PG 481
EXHIBIT B
ACTIVITY AND USE LIMITATION OPINION
1. Why the Notice of Activity and Use Limitation (AUL) is appropriate to achieve and/or
maintain a level of No Significant Risk:
Total petroleum hydrocarbon (TPH) concentrations have been detected in
subsurface soils 7 to 13 feet below grade beneath the foundatign of the southwest
side of the building at the 35 Norman Street property in Salem, Massachusetts in
concentrations which exceed the Massachusetts Contingency Plan (MCP) S-1/GW-
2 and S-1/GW-3 Method 1 soil standards, but meet MCP S-3/GW-2 and S-3/GW-3
Method 1 soil standards. These standards are set forth in 310 CMR.40.0975. As
such, an AUL is required pursuant to 310 CMR 40.1012(1)(a)1. A Notice of
Activity and Use Limitation is appropriate for achieving a level of No Significant
Risk because it will control activities that could disturb or result in contact with
subsurface soils at the site.
2. Site Activities and Uses to be prohibited and/or limited:
Site activities that would disturb or result in contact with subsurface soils below 7
feet below grade at the site are prohibited unless appropriate precautions to prevent
exposure are taken as described in item 4 below.
3. Site Activities and Uses to be permitted:
Permitted site uses include industrial, commercial and residential. Permitted site
activities include anything that does not disturb or result in contact with subsurface
soils below 7 feet below grade. Site activities that disturb or result in contact with
subsurface soils below 7 feet below grade are also permitted provided they conform
to the conditions in item 4 below.
is
BK 13042' PG 482'
4. Obligations and conditions necessary to maintain a level of No Significant Risk:
Soil excavated from below 7 feet below grade to be removed from the site must be
managed in a manner consistent with 310 CMR 40.0030;
Soil excavated from below 7 feet below grade without analytical testing, or that
based on analytical testing results the TPH concentrations in the soil exceed the
MCP S-1/GW-2 and S-1/GW-3 Method 1 soil standards, can only be reused at the
site if placed at a depth greater than 7 feet below grade. Soils excavated from below
7, feet below grade that based on analytical testing results do not contain
contaminant concentrations that exceed the MCP S-1/GW-2 and S-1/GW-3 Method
1 soil standards may be reused on site without limitation.
Subsurface activities conducted below 7 feet below grade must be conducted in
accordance with Health and Safety procedures outlined in 310 CMR 40.0018.
David G. Johnson Date
Licensed Site Professional 95799
BUILDING DEPT. .
JUN 12 1z 5'C-1 PM °95 New Eng"Telephone
RECEIVED
A NYNEE_,.Com piny
-
CITY OF SALEM,MASS. 125 High street
Boston,Massachusetts 02110
.June 2, 1995
The Honorable Mayor Neil J. Harrington
93 Washington Street
Salem, MA 01970
RE: Public Involvement Requirement
35 Norman Street
Salem, MA
DEP Site No. 3-11069
Dear Mayor Harrington:
In accordance with the public involvement requirements of the Massachusetts
Contingency Plan (3 10 CMR 40.0000), Nynex has prepared this letter providing
notification of the completion of a Response Action Outcome Statement(RAO)for the
aforementioned site. The RAO was completed in conjunction with an Activity and Use
Limitation (AUL), a copy of which has been attached Further information concerning
the above referenced site is available at the Massachusetts Department of Environmental
Protection, Northeast Regional office located in Woburn, Massachusetts.
Sincere
Mar ndin
Project Manager
Attachment
cc: Salem Board of Health, Ms. Joanne Scott, 9 North Street, Salem, MA 01970
Salem Zoning Official and Building Code Enforcement Official
Mr. Leo Tremblay, One Salem Green, Salem, MA 01970
NYNEX Recycles
Cif:-:01/.'i5:'Ol:?` Oli2? Irst a'25
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L.c. 21E,§6 and 310 CMR 40.0000
Disposal Site Name: Nynex Central Office
35 Norman Street, Salem,MA
DEP Release Tracking# 3-11069
r
This Notice of Activity and Use Limitation("Notice")is made as of the /5'day of June, 1995 by
New England Telephone and Telegraph Company d/b/a Nynex, 125 High Street,Boston,MA 02110,
together with its successors and assigns, (collectively"Owner").
WITNESSETH:-
WHEREAS,
ITNESSETH:WHEREAS,New England Telephone,of Suffolk County Massachusetts is the owner in fee
simple of that certain parcel of land located in Salem,Essex County, Massachusetts,with the buildings
and improvements thereon,("Property");
WHEREAS,said parcel of land which is more particularly bounded and described in Exhibit A,
attached and made a part hereof("the Property')is subject to this Notice of Activity and Use Limitation.
The Property is shown on a plan recorded and/or registered in Essex County Registry of Deeds/Land
Registration Office in Book 2903,Page 506.
WHEREAS,one or more response actions have been selected for the Disposal Site in accordance
with M.G.L. c2 IE("Chapter 21E")and the Massachusetts Contingency.Plan,310 CMR 40.0000
("MCP"). Said response actions are based on(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
or under the Property. The basis for such restrictions are set forth in an Activity and Use Limitation
Opinion("AUL Opinion"),dated June 1, 1995,(which is attached hereto as Exhibit B and made a part
hereof);
NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in said
AUL Opinion are as follows:
1. Permitted Activities and Uses Set Forth in the AUL Opinion.
The AUL Opinion provides that a condition of No Significant Risk to health,safety,public
welfare or the environment(such condition being defined in 310 CMR 40.0000)exists for any foreseeable
period of time so long as any of the following activities and uses occur on the Property:
1 Permitted uses include industrial,commercial and residential. Permitted site activities include
anything that does not disturb or result in contact with subsurface soils below seven feet below grade.
Site activities that disturb or result in contact with subsurface soils below seven feet below grade are
also permitted provided they conform to the conditions in item 3 below;and
2. 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.
B i Y�� = PG 471
2. Activities and Uses Inconsistent with the AUL Opinion
Activities and uses which are inconsistent with the AUL Opinion,and which, if implemented at
the Property, may result in a significant risk of harm to health, safety, public welfare or the environment
are as follows:
1. Site activities that would disturb or result in contact with subsurface soils below seven feet below
grade unless appropriate precautions to prevent human exposure are taken as described in item 3
below.
3. Obligation and Conditions Set Forth in the AUL Opinion.
If applicable,obligations and/or conditions to be undertaken and/or maintained at the Property as
set forth in the AUL Opinion in order that a condition of No Significant Risk may be maintained shall
include the following:
L Excavated soil from below seven feet below grade to be removed from the site must be managed in a
manner consistent with 310 CMR 40.0030;
2. Excavated soil from below seven feet below grade without analytical testing,or that based on
analytical testing results, the TPH concentrations in the soil exceed the MCP S-I/GW-2 Method 1 soil
standards, can only be reused at the site if placed at a depth greater than 7 feet below grade. Soils
excavated from below 7 feet below grade that based on analytical testing results do not contain
contaminant concentrations that exceed the MCP S-1/GW-2 Method 1 soil standards may be reused
without limitation.
3. Subsurface activities conducted below 7 feet below grade must be conducted in accordance with
Health and Safety procedures outlined in 310 CMR 40.0018.
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 shall be evaluated by an LSP who shall render an Opinion, in
accordance with 310 CMR 40.1080 et seq.,as to whether the proposed changes will present a significant
risk of harm to health, safety,public welfare or the environment_ Any and all requirements set forth in
the Opinion to ensure a condition of No Significant Risk in the implementation of the proposed activity or
use 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 harp[to health,safety,public welfare,or the environment 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.
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.
BK 17-1042 Frig 479
9 1
6. Incorporation Into Deeds MortEaees Leases and Instruments of Transfer
This Notice shall be incorporated either in full or by reference into all deeds, easements,
mortgages, leases, licenses,occupancy agreements or any other instrument of transfer,whereby an interest
in and/or a right to use the Property or a portion thereof is conveyed.
Owner hereby authorizes and consents to the filing and recordation and or registration of the Notice to
become effective when executed and sealed by the undersigned LSP,and recorded and/or registered with
the appropriate Registry of Deeds and/;or Land Registration Office.
WITNESS and execution hereof under seal this #day of May, 1995.
Carl W. Payne
Owner Director-Environmental Implementation
s(�►�
OF NEW YWI COQ,41�1 OF #60)`Wk ss
§§ 26 1995
Then personally appeared the above named Mum and acknowledged the
foregoing to be his free act and deed before me,
CAROLAMARTIN 4'
n 14dyry public,State o118**
No.6448389
Qualifled In orange Carob
Notary Public: Commission ExpbW Lurch 30.
My Commission Expires:
The undersigned LSP hereby certifies that he/she executed the aforesaid Activity and Use
Limitation Opinion attached hereto as Exhibit B and made a part hereof and that in his/her Opinion this
Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use
Limitation Opinion.
DATE: S —
David G.Johnson NSP
COMMONWEALTH OF MASSACHUSETTS
§§ 1995
Then personally appeared the above named& Y /,rand acknowledged the
foregoing to be his free act and deed before me,
fury Pub1I D/
My Cammisston Expires: a
m
co co
co
N.
p W Q H
O O U W
52,_0„
28'-3" o o N
5" o N
N
35'-4.5'
102'-2" 72'-2 0
z
O
° `-Q-------------' ° z
¢m na rnnm v I ' '
HILL
D
z 1964
m
1 1955
VJI ❑ rn
4'-2" HILL ISf'Tl. TOLLi"f C.D.F. I I
2nd FLOOR
O
e rr1
G1 't
H
H
Y \��• -. f�safff. X46 �6 - "'�`: H� ►.s
co
HOLYOKE SLn
r
—�,
I
rr�
BK 131042, PG 4,_� 1
EXHIBIT B
ACTIVITY AND USE LIMITATION OPINION
1. Why the Notice of Activity and Use Limitation (AUL) is appropriate to achieve and/or
maintain a level of No Significant Risk:
Total petroleum hydrocarbon (TPI) concentrations have been detected in
subsurface soils 7 to 13 feet below grade beneath the foundation of the southwest
side of the building at the 35 Norman Street property in Salem, Massachusetts in
concentrations which exceed the Massachusetts Contingency Plan (MCP) S-1/GW-
2 and S-1/GW-3 Method 1 soil standards, but meet MCP S-3/GW-2 and S-3/GW-3
Method 1 soil standards. These standards are set forth in 310 CMR 40.0975. As
such, an AUL is required pursuant to 310 CMR 40.1012(1)(a)l. A Notice of
Activity and Use Limitation is appropriate for achieving a level of No Significant
Risk because it will control activities that could disturb or result in contact with
subsurface soils at the site.
2. Site Activities and Uses to be prohibited and/or limited:
Site activities that would disturb or result in contact with subsurface soils below 7
feet below grade at the site are prohibited unless appropriate precautions to prevent
exposure are taken as described in item 4 below. .
3. Site Activities and Uses to be permitted:
Permitted site uses include industrial, commercial and residential. Permitted site
activities include anything that does not disturb or result in contact with subsurface
soils below 7 feet below grade. Site activities that disturb or result in contact with
subsurface soils below 7 feet below grade are also permitted provided they conf6rm
to the conditions in item 4 below.
j :
BKe 134 P G 4 2
4• Obligations and conditions necessary to maintain a level of No Significant Risk:
Soil excavated from below 7 feet below grade to be removed from the site must be
managed in a manner consistent with 310 CMR 40.0030;
Soil excavated from below 7 feet below grade without analytical testing, or that
based on analytical testing results the TPH concentrations in the soil exceed the
MCP S-1/GW-2 and S-1/GW-3 Method 1 soil standards, can only be reused at the
site if placed at a depth greater than 7 feet below grade. Soils excavated from below
7 feet below grade that based on analytical testing results do not contain
contaminant concentrations that exceed the MCP S-1/GW-2 and S-1/GW-3 Method
1 soil standards may be reused on site without limitation.
Subsurface activities conducted below 7 feet below grade must be conducted in
accordance with Health and Safety procedures outlined in 310 CMR 40.0018.
9s
David G. Johnson Date
Licensed Site Professional #5799
Massachusetts Department of Environmental ProteSKn 13042' i LT tit
Bureau of Waste Site Cleanup
_
ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number
Pursuant to 310 CMR 40.1070-40.1084(Subpart J)
COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED
WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE.
A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL:
Disposal Site Name:
r
Street: 3SNftv�nn
OSir Location Aid:
c
Cityrrown: . KNe M ZIP Code: O 7.71 Z,
Address of property subject to AUL,if different than above. Street:
Cityrrown: ZIP Code:
B. THIS FORM IS BEING USED TO: (check one)
Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form).
Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4)
(complete all sections of this form).
F] Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3)
(complete all sections of this form).
❑ Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form).
❑ Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this
tone).
E] Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form).
C. LSP OPINION:
I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all documents
accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1), a the
applicable provisions of 309 CMR 4.02(2)and(3),and Qii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief,
> if Section 8 indicates that a Notice of Activity and Use Llmffatfon 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(1)(b);
> if Section 8 indicates that an Amended Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation
that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ti)
complies with 310 CMR 40.1080(1)and 40.1081(1);
> if Section 8 indicates that a Termination of a Notice of Activity and Use Limitation is being registered andMr 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(3)(a); .
> if Section 8 indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Umitation 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(1)(b);
> if Section 8 indicates that an Amendment to a Grant of Environmental Restrfctlon is being registered and(or recorded,the Activity and Use
Umitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.a 21 E and 310 CMR 40.0000
and(i)complies with 310 CMR 40.1080(1)and 40.1081(1);
> ASection 8 indicates that a Release of Grant of Environmental Restriction is being registered andlorrecorded,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(3)(a). .
I am aware that significant penalties may result,including,but not fanned to,possible fines and Imprisonment,if I submit information which I knew to be
false,inaccurate or materially incomplete.
Check here if the Response Action(s)on which this cpttdon Is based,if any,are(were)subject to arty order(s),permit(s)and/or approval(s)
issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions#meet.
{ SECTION C IS CONTINUED ON THE NEXT PAGE.
Revised 518/95 Do Not Alter This Form Page 1 of 2
Massachusetts Department of Environmental P, ot-ctlol. - ' B -1
Bureau of Waste Site Cleanup
ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number
Pursuant to 310 CMR 40.1070-40.1084 (Subpart J) L3'1 -
C. LSP OPINION: (continued)
LSP Name: A o)naSAn LSP#: 99 Stamp: „�`��,F�^ r �"�•�
Telephone: SOB —1161 Z — I9 1RO ��ti
Ext.:
.1r>
Qi t i'y J r. 11
FAX: Ste$- 9-►5 -2.OtoS � i< ;I( ^rv';;: -'.►
LSP Signature: \,c�";,,,'�`,__ti!;}'� '•Y'i
t n\•.;.:_ ,Sia
Date:
YOU MUST COMPLETE ALL RELEVANT SFCTIONS OF THIS
FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE.
Rei-r.C✓n � "
i'YImK.L��t%l
xlyll ,
/ate f/7�YJ �Cxm /6706
Revised SIMS Do Not Alter This Form Page 1 of 2
l'
RAPI %.LQ: OAU 3 _
FROM ��'� TO�^7As_ yL_ ✓ _
/u tea? /�'�,�'ii',a , ', arn
_-
POPS FORM 3802 -1 10 IN US.A.
64,
PERMIT ,"UST '_ ^_9TAItlED BEFO'E =EGIN�lING >;ORK
FPLIC,,TION t1UST E .".I _-E3 I 'I u'�PL ! r.:-c -yE __ FILED '.;ITH THE
PLP.?dNING CEPARTPIEIJT,��';D -31E SET (EEAR1tIG THE PPRO:;. HE PLANNING
SEP:=.RT`IENT) TO BE FILE-- ':.ITN.
.vtrav'n'., LOC �flers' e . _-,d - r_ i '_Urreci , Complete
`�:; S Fired for Every Sign.
:� and -ci , le. Separate
rppiic
\
I
=, -y, IS Application for Permit to Erect a Sign
Salem, I'lassachuSi:tis — 19jq
TO THE is;SPECTvR:
The undersi ,nau' -.ereLy applies For a per-.i t to _ Erect , _ Alter , _ Repair
a sign on t" Fcllowinc 'escrihed building a�
Location and llo. 35 NORMPN 1Zo.ninciDi , trict
;!a;-c �f Property O.inerNEW V l(d.A191� fC
game of Sign Owner
If C.aner is a corporate `ody nan=_ of responsible officer
Name of Licensed Sign Ercctor %)NERS6NS nin Rw,z,srte7Naz S2.
(� Salem
",ddress7o5tpG•�i(i()( 1� I o—Kl t—mp— oI License No.
Use of Buiiding: Ist Floor 3rd Floor
2nd Floor 4th Floor
Type of Sign: SurFacc , Right Angles to 3uilding , Free Standing,
Other (specify) Height :
Sign Materials ALL) M
Sign Dimensions 1311)( -I��4" Sign Area 1,31 SF
Existing Signs : Surface:�NE(y",Y—gL $ACM Sign Area SF
Right Angles : Sign Area SF
Free-Standing Sign Area SF
Other / Sign Area SF
Signs to be Removed: Typc WAL L Le-rr�ns Sign Area SF
Frontage: Building FT Property FT
Signature of Owner
Signature of Owners Authorized Representative
AddressY,3/(/
Estimated Cost �D
of New Worl �o?07J 0V Telephone OJ 0
APPROVALS: Signature of Property Owner
VV
Salem P annl g Department Superintendent of St .:ets H-tstorica Frommission
ON REVERSE PLEASE SHOW SIGN SIZE, COLOR, LOCATION, LOCATION OF OTHER SIGNS AND
BUILDING ENTRANCE.
- -• PLAN OF LOT
GN SIZE,SHOD! SI
COLOR AND LOCATION ON BUILDING;
APPLICATION FOR PERMIT FOR Show Location of Prescnt Structuro LOCATION OF OTHER SIGNS AND BUILDING ENTRANCE
ALTERATIONS, REPAIRS AND and Signs
DEM
.................................CLASS IIUII.DAVG
LOCATION
�� .. ;
.............//���y. 9
............1.. f ...=•• ....Ward..... .......... . . - - -.. . _ ;
...
CONDMONS
..............................................................................
.......
..................................................... ......Y.......... - -
................... LA�J� .. ......
..... .................................. /.. ...�.. ......... - - -
�:
. .oN IL�-um FAORICATiM
Permit Grouted A L V fh ( f>?3ltS
4........... 19. 13LO6
........... ..
... .. ................
............................ ..... /ry �`�r` �
i
t
90 3/4"
__
. ' _
5d Individual Metal Letters -PMS #8380 Silver
PHOTO OF EXISTING SIGNAGE PROPOSED SIGNAGE
PROPOSED
19
Nynex approval of proposed sign (above) and associated work Including
disposal of old sign as described on back. Please be advised that the
installer will not be authorized to change the location of the sign at time
of Installation.
t-COMPLETED
19
Nynex acceptance of sign installation and associated work.
Address 35 fie. .c «�e. gNST
City Salem, State MA
f -
= Location# —ZIE 33
q.
ACME WILEY CORPORATION
COMPLETED INSTALLATION PHOTO SIGNS AND SYSTEMS
NYNEXS
k 4
I
� N
PLACEMENT OF PROPOSED SIGNAGE
The following is an elevation to indicate approximate ground sign/wall sign location
if different from existing placement of signage.
Sign Type:
The following is the work schedule for this location:
❑ Existing sign removal
❑ New sign installation
❑ Wall repair
❑ Electrical modifications
❑ Ground restoration
❑ Painting
❑ Other
Disposal of existing sign:
❑ Retain by local Nynex location
❑ Scrap
❑ Sign has significant salvage value. Sign company to retain.
❑ Advise below why this sign has value:
(Example: solid brass)
Address 35 s-t- eter -NOtwty ST Location # NE-34
CiSalem, State MA ACME WHEY CORPORATION
SIGNS AND SYSTEMS
NYNEX
Individual Metal Letters - PMS Process Blue
Side Section fbT Types 5a, 5b & Sc
I AhXnn I V4"
1319
F
6" 4" 301/4"
9" 6" 45318-
12" 8" 601/2" Side Section for Types 5d Thru 5�
18" 12" 90 3/4" NMEX
24" 16" 121" Types
36" 24" 181 I/2" Wtat Letters
1. 48" 24" 242" AOSE�M1JM OMPORAT1ON
SnM AND SYSTDO
11TI1�4'S 4W
"WE RAWORU= Ow
1
p Jffia�5arbugettO
Police Department �)eabquarter5
Chief of Police
Robert M. St.Pierre
8/5/87
To Whom it may concern
This is to confirm the fact that Logan Trucking has
requested the services of a Police Officer for a detail on Gedney St.
8/10/87 from 4:OOPM until completion.
pp
J. Ronald Bogan ��/�
Detail Officer
Salem Police Dept.
(fitp of *alem, '41a$5atbugett9
3 . w notice Department 4eaDguarterg
SRccem-c.�'
Chief of Police
Robert M. St.Pierre
12/18/86
THIS IS TO VERIFY THAT LOGAN TRUCKING HAS REQUESTED A POLICE. DETAIL FOR
WORK TO BE PERFORMED ON NORMAN ST. THIS CITY ON 12/22/86.
J. RONALD B' AN
Detail Officer
(Cit ,
4 p of *aIrmItla55acbugettO
3 F Police Department �eaaquarter5
S�LLT'E�'
Chief of Police
Robert M. St.Pierre
Logan Trucking has contracted for one (1 ) police officer to work
a private detail on Gedney St. 3/26/86 at 7:30AM.
/ 1
��`O91�b Citp of *a[em, �laggatbugett9
3r . r`, Police Department �eaaquarter5
''SRFcumh�"~
Chief of Police
Robert M. St.Pierre
3/21/86
This is to confirm that Logan Trucking, P.O. Box 172, Salem,
N.H. 03079 has contracted with the Salem, Ms. Police Dept.
for two (2) police officers to work one each 3/24/86 and
3/25/86.
Officer J. Ronald Bogan
GU 7966a
(Ed.5-59)
COUNTERSIGNATURE ENDORSEMENT
This endorsement, effective March 18, 1986 forms a part of policy No. S L5 07 04
(hour and date)
issued to Logan Trucking Company
M
b.j PEERLESS INSURANCE COMPANY
r.
" STATE STATE PREMIUM
MASS $50.00
It is agreed that the signature appearing on this endorsement is the signature of a person duly authorized to tersign on behalf
of the Company in the state designated above and which is appended hereto in conformity with the ins ce laws o that state,
'"°•�';o��p;1,+,�" Countersigned bY--------------__ --'- _._ -------- -----------------
!� ihorized Signature
L71�'
PEERLESS INSURANCE COMPANY -
1 C KEENE NEW HAMPSHIRE 03431
BOND S L5 0704
KNOW ALL MEN BY THESE PRESENTS: That we, Logan Trucking Company
of Salem, New Hampshire - as Principal,
and The Peerless Insurance Company with executive offices in Keene, New Hampshire,
as Surety, are holden and stand firmly bound unto the City of Salem, Massachusetts _
in the sum of ---ONE THOUSAND--- DOLLARS ($ 1,000.00 ) ,to be paid
to the said City of Salem, Massachusetts to which payment well and truly to
be made, we and each of us do bind ourselves, our heirs executors and administrators,
successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden
Principal has applied for and desires issued to him, a permit under the provisions
of certain ordinances of the City of Salem, Massachusetts relating to contractors
performing street openings.
NOW THEREFORE, if the Principal shall comply to the satisfaction of the Depart-
ment of Public Works with the ordinances or rules passed by the Department of Public
Works under which the work is performed; that it will cause the excavation to be
properly guarded at all times for the protection of the Public; and that it will
indemnify and hold harmless the City of Salem, Massachusetts from any damage or cost
for which it may be liable by reason of injuries resulting from neglect, carelessness,
or . incompetency in connection with this street opening, or properly fencing or
lighting any excavation or obstruction, or in performing any other work connected
therewith, then this obligation shall be null and void; otherwise it shall be and
reryain in full force and effect.
NOW, THEREFORE, if the Principal shall well and truly keep this agreement,
theil this obligation shall be null and void; otherwise to remain in full force and
effect.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their handsand
seals this 18th day of March 19 86
Witness:
PEERLESS INSURANCE COMPANY
Attc� ney-in-Fact
Laura Lee Ylitalo
346-563
PEERLESS INSURANCE COMPANY
THE NETHERLANDS INSURANCE COMPANY 963046
62 MAPLE AVENUE KEENE,NEW HAMPSHIRE 03431
POWER OF ATTORNEY
This Power of Attorney is invalid for any instrument dated after Indefinite
KNOW ALL MEN BY THESE PRESENTS: That the Peerless Insurance Company and/or The Netherlands Insurance C'ompany,
each being a New Hampshire Corporation having its principal office in the City of Keene,County of Cheshire, State of New Hampshire
do/does hereby make, constitute and appoint
Laura Lee Ylltalo
of Keene in the State of New—HaMehire their/its true
and lawful attorneys)-in-fact, with full power and authority hereby conferred in their/its name, place and stead, to sign, execute,
acknowledge and deliver in their/its behalf, and as their/its act and deed,without power of redelegation,as follows:
bonds guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insur-
ance policies;and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed:
and to bind the Cumpany(ies) making this appointment thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the Company(ies), and all the acts of said attorney(s), pursuant to the authority herein given,
are hereby ratified and confirmed.
AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS-IN-F
Appointment of Attorneys-in-Fact by the Peerless Insurance Company are made pursuan o e ollo in Bylaw adopted by the
Stockholders of the Company on November 12, 1982, to wit:
SECTION 7 of ARTICLE 3. — The President may appoint Attorneys-in-Fact R id 1 e P si e and Resident Assistant
Secretaries and assign to them such duties as may be advantageous to the Co np iy nc di ec on and attestation of bonds,
undertakings, recognizances, contracts of indemnity, and all other writin ob 'ga i in he at thereof and other documents on
behalf of the Company with power to redelegate such authority.
Appointment of Attorneys-in-Fact by The Netherlands lnsura e o pa y ma rsuant to the following Resolution adopted
by the Stockholders of the Company on May 7, 1979, to w' .
RESOLUTION - The President may appoint At ne s- i-Fact, R 'd ice Presidents and Resident Secretaries and assign to
them such duties as may be advantageous to the p 1 cl ing th e cution and atter n of bunds,undertakings,recognizances,
contracts of indemnity, and all other writi �ig• cry in h nature thereof and e dr -uments on behalfof the Company with
power to redelegate such authority.
11 S ACSIMILE SI ASR
Ilse of facsimile sign es t P 1 s ante Company ' mad pu as to the f owing Resolution adopted by the Board
of Directors of the C ; ti m i g Id on the 14th d• of De r,
"RESOLVED, at the s' t es the President, Sec to nS as re l -e President, Assistant Vice President, and Assistant
Secretary may be of e to y uch ower of Alto an c [Ifie c py ereuf or any certification relating thereto, by facsimile
and any such Power Attor y or any certified o reo , r a tification relating thereto bearing such facsimile signatures or
facsimile seal shall be vat and binding upon tI rpor n in utu re with respect to any bunds, undertakings, recognizances or
contracts of indemnity to which it is attached."
Use of facsimile signatures by The Netherlands ce Company is made pursuant to the following Resolution adopted by the
Board of Directors of the Company at its meeting held on the 7th day of May, 1979.
"RESOLVED, that, the signatures of the President, Secretary, Treasurer, Vice President, Assistant Vice President, and Assistant
Secretary may be affixed to any such Power of Attorney of any certified copy thereof or any certificatiun relating thereto, by facsimile
and any such Power of Attorney or any certified copy thereof, or any certification relating thereto bearing such facsimile signatures or
facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bunds,undertakings,recognizances or
contracts of indemnity to which it is attached."
COMPANY MAKING APPOINTMENT
The Company making this appointment is identified by an "X"in the box opposite its name in the space provided below and in the
"In Witness Whereof" clause signifying the date of execution of this instrument:
X PEERLESS INSURANCE COMPANY
%_ THE NETHERLANDS INSURANCE COMPANY
Form PS-97-E 301-629 OVER
Is
SINGLE OR DUAL POWER OF ATTORNEY
It is the intent of the Peerless Insurance Company and The Netherlands Insurance Company to use this instrument for the appointment
of Attorney(s)-in-Fact for either Company designated,or for both Companies,if so indicated.
In Witness Whereof %
PEERLESS INSURANCE COMPANY
% has/have caused these
THE NETHERLANDS INSURANCE COMPANY
presents to be sPeDrby its President, and its Corporate Seal to be hereto affixed by its Secretary this 4_th
day of w19—'
r\'SU t,1,y fyr PSINSU,yqY[rrr
PEERLESS INSURANCE COMPANY °� 19 O1 THE NETHERLANDS INSURANCE COMPANY:�' 1978 - -
By: 11^4%1 V /!�✓w r r*! �' By: [, � � /!S rr HAMiSN
y rrrrr'nM..E.�... .u.....
President President
Attest _ Attest:_G� `��
Secretary Secretary
STATE OF NEW HAMPSHIRE
COUNTY OF CHESHIRE ss.
On this 4th day of Febraa_ry , 19 86 ,before the subscriber,a
Notary Public of the State of New Hampshire ht and for the County of Cheshire duly commissioned and qualified came Albert R.
Kober,President, and Joseph P. Tracey, Secretary of the Peerless Insurance Company and of'Ihe Netherlands Insurance Company,
to me being personally known to be the individuals and officers described herein and who executed the preceding instrument and they
acknowledged the execution of same, and being by me duly sworn, deposed and said that they are officers of said Company(ies)
aforesaid and that the seal(s) affixed to the preceding instrument is/are the Corporate Seal(s) of said Company(ies) and the said
Corporate Seal(s)and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction
of the said Company(ies), and that Section 7 of Article 3 of the Bylaws of the Peerless Insurance Company adopted on November 12,
1982 and the Resolution of The Netherlands Insurance Company adopted May 7, 1979 referred to in the preceding instrument are
now in force.
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at Keene,New Hampshire.
Notary Public
My C614M'Q-T&m*i1!es
LM
I Joseph P.Tracey,Secretary of the Peerless Insurance Company and The Netherlands In-
surance Company,do hereby certify that the above and foregoing is a true and correct copy of
Power of Attorney executed by the Company(ies) designated above which is still in force and
effect.
In witness whereof, I have hereunto set my hand and affixed the Seal(s) of the Com-
pany(ies),at Keene, New Hampshire,this _ 18th _day of March
1986
/ u
�:0`,�5014,y�rrrrr— V Joseph P.Tracey � p ;,p5 wsu„"rry
\ Fac Secretary �.............. cF
1901 e- 1978 R:
L re
rr'nu u..0�
• � r
i a
Bond
Of
Peerless Insurance Company
Keene, New Hampshire
LOGAN TRUCK. . ...ING....COM.PA.NY
........................
...... ... .... . . ....
Bond No. S L5 07 04
...............................................................
............................................
} t
„The Insurance Exchange NH
Agmt
r513-190 303-101
r
I
O Jacques Whitford 800 West Cummings Park, Suite 5650,Woburn MA U.S.A. 01801
Company, Inc. Tel 781 935 9281 Fax 781 935 9307
Consulting Engineers world wide web:www.1acqueswhltford.corn
Environmental Scientists E-mail: InfoQiacqueswhitford.com
Risk Consultants
Massachusetts•Maine•Florida•Connecticut•Rhode Island•New Hampshire•Pennsylvania•New York•Trinidad•Russia•Argentina•Brunei
Nova Scotia•New Brunswick•Pdnce Edward Island•Newfoundland&Labrador•Ouebec•Ontario•Saskatchewan•Albert•British Columbia•Northwest Territories
May 28, 2003
Thomas St. Pierre
City of Salem
Public Property
120 Washington-Street.
Salem, Massachusetts 01970
RE: Public Notification/Legal Notice
Activity and Use Limitation Amendment and Ratification
MA DEP RTN: 3-3502, 3-1.1069 and 3-21279
Verizon Central Office Facility
35 Norman Street, Salem, Massachusetts
Dear Mr. St. Pierre:
This letter has been prepared by Jacques Whitford Company, Inc. (Jacques Whitford) on behalf
of Verizon New England Inc: (Verizon) pursuant to the requirements of the Massachusetts
Contingency Plan 310 CMR 40.0000. The Notices of Activity and Use Limitation (AUL) on the
above Tier II disposal site which were recorded with the Essex County Registry of Deeds`on
June 1, 1995 and August 5, 1997 were amended and ratified on May,22, 2003. The AUL
Amendment and Ratification,was registered with the Essex County Registry of Deeds, and
identifies activities and uses that are permitted and restricted at the subject property due to the
presence of residual contamination in soil. A copy of the AUL Amendment and Ratification is
attached.
To obtain more information regarding this disposal site and the AUL Amendment and
Ratification, please contact Mr. Edward McGrath, Environmental Manager, Verizon New
England Inc., 4 Bennett Street, Wakefield, Massachusetts 01880, Tel. (781) 224-2048.
Sincerely,
JACQUES WHITFORD COMPANY, INC.
Joel J. Trifilo, P:G., L.S.P.
Project Manager
CC: DEP Bureau of Waste Site Cleanup—Northeast Regional Office
(MAB02-114iPublic Notification)
� e Air Quality•Environmental Sciences r Environmental Engineering•Hydrogerology•Environmental Management Systems•Landscape Architecture
.Integrated Risk Management Services•Geotechnical Engineering•Materials Engineering Mining Engineering•Petroleum Engineering
2003052800151 Bk;20894 Pg;24
ny/ 05/2812003 09:32:00 OTHER P9 1/12
AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USE LIMITATION
(for amending and ratifying a Notice of Activity and Use Limitation
recorded on or before October 29, 1999)
WITNESSETH:
This Amendment and Ratification of Notice of Activity and Use Limitation ("Amendment and
Ratification") is made as of this 22- day of MNJ4 2003, by Ms. Jacqueline D. McCormick,
Director-Environment for Verizon New England Inc. erizon), 700 Hidden Ridge HQW01J05, Irving
Texas 75038, together with his/her/its/their successors and assigns (collectively "Owner").
�r
WITNESSETH:
WHEREAS, Owner is the owner in fee simple of a certain parcel of land located in Salem,
n Massachusetts, Essex County, Massachusetts ("Property"), pursuant to a deed recorded with the Essex
County Registry of Deeds in Book 2903, Page 506;
0
z WHEREAS, the Property comprises a disposal site, or part of a disposal site, as the result of a
M release of oil and/or hazardous material ("the Disposal Site"). Response actions have been selected for
the Disposal Site in accordance with M.G.L. c.21E ("Chapter 210) and the Massachusetts Contingency
Plan, 310 CMR 40.0000 ("the MCP"). Said response actions are based upon (a) the restriction of human
a access to and contact with oil and/or.hazardous material in soil and/or groundwater, and/or (b) the
restriction of certain activities occurring in, on, through, over or under the Property or a portion thereof.
jo The Department of Environmental Protection has identified the Disposal Site as Release Tracking
Numbers 3-3502, 3-11069 and 3-21279;
v
WHEREAS, on June 1, 1995, Mr. Carl W. Payne, Director-Environmental Implementation for
New England Telephone and Telegraph filed a Notice of Activity and Use Limitation with the Essex
b County Registry of Deeds/Land Registration Office in Book 13042, Page 477 imposing an activity and
rn use limitation on the Property("the Original AUL").
WHEREAS, on August 5, 1997, Ms. Kathleen Tobin, for New England Telephone and Telegraph
filed a Notice of Activity and Use Limitation with the Essex County Registry of Deeds/Land Registration
Office in Book 14249,Page 427 imposing an activity and use limitation on the Property.
The Property affected by the Original AUL, the AUL filed in August 1997 and this Amendment
and Ratification is hereinafter referred to as "the AUL Area." The AUL describes activities and uses that
are permitted within the AUL Area, and defines obligations and conditions that must be maintained
within the AUL Area. The AUL also describes uses and activities which, if carried out within the AUL
Area, could result in Significant Risk to health, safety, public welfare or the environment due to potential
exposure to residual contamination.
WHEREAS,the following amendments to the Original AUL and the AUL dated August 5, 1997,
are necessary to ensure that a condition of No Significant Risk is maintained at the Disposal Site.
NOW, THEREFORE, Owner hereby amends the Original AUL and the AUL dated August 5,
1997 as follows:
i
BOOK 3 4a Sod
--- --_PAGE _
1 �( 241
42-:-7
AUL Opinion
The basis of the Original AUL and the AUL dated August 5, 1997, as amended herein, is an Activity and
Use Limitation Opinion ("AUL Opinion'), prepared by a Licensed Site Professional and attached hereto
as Exhibit A. Said AUL Opinion replaces and supercedes any AUL Opinion contained or referenced in
the Original AUL and the AUL dated August 5, 1997.
Site Activities and Uses
The following descriptions of Permitted Activities and Uses, Activities and Uses
Inconsistent with the AUL Opinion, and Obligations and Conditions replace and supercede
those contained in the Original AUL.
1. Permitted Activities and Uses. A condition of No Significant Risk to health, safety, public
welfare or the environment exists for any foreseeable period of time so long as any of the
following activities and uses occur within the AUL Area:
(i) Commercial and industrial uses of the property and activities consistent therewith
which do not involve the disturbance of soil located at depths greater than 7 feet
below surface grade in the AUL Area;
(ii) Excavation associated with short-term (three months or less) underground utility
and/or maintenance or construction in the AUL Area which is likely to disturb
petroleum-contaminated soil located at depths greater than 7 feet below surface
grade provided that it is conducted in accordance with a Soil Management Plan
and a Health and Safety Plan prepared and implemented in accordance with
Obligations (ii) and (iii) of this Opinion prior to the commencement of such
activity;
Activities and uses which are not identified by this Opinion as being inconsistent
with maintaining a condition of No Significant Risk; and
(iv) Such other activities and uses which, in the Opinion of the LSP, shall present no.
greater risk of harm to health, safety, public welfare, or the environment than the i
activities and uses set forth in this paragraph.
2. Activities and Uses Inconsistent with the AUL Opinion. The following activities and uses, if
implemented within the AUL Area, may result in a Significant Risk of harm to health, safety,
public welfare or the environment:
(i) Any short-term activity (three months or less), including but not limited to,
excavation, which is likely to expose, disturb, or redistribute the petroleum-
contaminated soil within the AUL Area located at depths greater than 7 feet
below surface grade without prior development and implementation of a Health
and Safety Plan and a Soil Management Plan in accordance with Obligations (ii)
and (iii) as set forth below;
(ii) Any long-term (greater than three months activity) which is likely to disturb
petroleum-contaminated soil in the AUL Area at 7 feet below surface grade;
(iii) Relocation of petroleum-contaminated soil in the AUL Area currently located at
7 feet below surface grade to a shallower depth, unless such activity is first
(AUL.doc—May 2003)
2
i
evaluated by an LSP who renders an Opinion, which states that such relocation is
consistent with maintaining a condition of No Significant Risk;
(iv) Use of the AUL Area as a residence, school, daycare facility and/or other use at
which a child's presence is likely; and
2. Obligations and Conditions. The following obligations and/or conditions must be maintained
within the AUL Area in order to maintain a condition of No Significant Risk:
(i) A Soil Management Plan must be prepared and implemented prior to the
commencement of any subsurface activity, which is likely to disturb petroleum-
contaminated soil located at depths greater than 7 feet below surface grade within
the AUL Area. The Soil Management Plan should describe appropriate soil
excavation, handling, characterization, storage, transport, and disposal
procedures in accordance with the provisions of the MCP cited at 310 CMR
40.0030 et seq. The plan should also 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 must be informed of the requirements of the Soil Management Plan, and
the plan must be available on-site throughout the course of the project. The plan
must be developed and implemented in accordance with the guidelines provided
by.the AUL Opinion and attached hereto as Exhibit A to this AUL Amendment
and Ratification;
A Health and Safety Plan must be prepared and implemented prior to the
commencement of any activity which may result in the disturbance of petroleum-
contaminated soil located at depths greater than 7 feet below surface grade in the
AUL Area. 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 plan should specify the type
of personal protection, engineering controls, and environmental monitoring
necessary to prevent worker and other potential receptor exposures to petroleum-
contaminated soil through ingestion, dermal contact, and inhalation. Workers
who may come in contact with the petroleum-contaminated soil should be
appropriately trained on the requirements of the plan, and the plan must remain
available on-site throughout the course of the project;
(iii) The petroleum-contaminated soil currently located at depths greater than 7 feet
below surface grade in the AUL Area must remain inaccessible and may not be
relocated to shallower depths, unless an LSP renders an Opinion that such
relocation is consistent with maintaining a condition of No Significant Risk; and
(iv) If one or more new buildings are to be constructed in the AUL Area, a qualified
individual(s) who have reviewed the project file shall review construction plans
and specifications relative to the potential to create new contaminant migration
pathways and exposure scenarios and either approve the construction plans and
specifications or make recommendations as to environmental engineering
controls or other measures, which may be required to ensure that a condition of
No Significant Risk will remain in the AUL Area after any such building(s) are
constructed. Relevant issues might include floor elevation changes, foundation
types, floor materials, utility penetrations through the foundation and floor, and
(AUL.doc—May 2003)
3
i
building ventilation system design issues. Engineering controls or other
measures, which are mandated by said qualified individual(s) must be
implemented prior to occupation of any new buildings in the AUL Area.
Except as expressly amended herein, the Original AUL is hereby ratified and confirmed. Owner
authorizes and consents to the recordation and/or registration of this Amendment, which shall be deemed
to be effective as of the date the Original AUL was recorded and/or registered.
WITNESS the execution hereof under seal thisZ�r Y?of t
2003.
�r 6
Name o Owner
Verizon New England Inc.
Jacqueline D. McCormick
Director-Environment
57 I4TE cf t=lclr-i'da,
ss aal 2003
Then personally appeared the above-named Jacqueline D McCormick and acknowledged
the foregoing instrument to be her free act and deed before me,
Anna E. Hardin . acs
Commission#DD187415
Expires:Apr 04,2007 Notary Public:
Bonded Thru My Commission Expires: y-�•{'-�� -7
Atlantic Bonding Co.,Inc.
The undersigned Waste Site Cleanup Professional certifies that, in his opinion, the terms of the
Original AUL, as amended herein, are consistent with the AUL Opinion attached hereto as Exhibit A, and
are appropriate to maintain a condition of No Significant Risk at the Disposal Site.
Date: 2• p
o40,
[LSP SEAL]
OFIte cy
,pgJ. N
7RIFILO
UM4725
41E 0�S
(AUL.doc—May 2003)
4
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss 2� 2003
Then personally appeared the above-named Joel J. Trifilo and acknowledged the foregoing
instrument to be his free act and deed before me,
JILLLOESER A '
Notary Public N t Public:
Oommonweellh of Massachusetts
My0°rt� ,Ogres y Commission Expires:LW3JIZ0I13
Upon recording, return to:
Mr. Edward McGrath
Environmental Manager
Verizon New England, Inc.
4 Bennett Street
Wakefield, MA 01880
(AUL.doc—May 2003)
5
EXHIBIT A
ACTIVITY AND USE LIMITATION OPINION
VERIZON NEW ENGLAND INC. CENTRAL OFFICE FACILITY
35 NORMAN STREET, SALEM, MASSACHUSETTS
RELEASE TRACKING NUMBERS 3-3502, 3-11069 and 3-21279
In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation
(AUL) Opinion has been prepared for a parcel of land owned by Verizon New England Inc.
(Verizon), located at 35 Norman Street, Salem, Essex County, Massachusetts 01970-3313. This
AUL Opinion was prepared pursuant to the requirements of the Massachusetts Department of
Environmental Protection (DEP) Response Action Outcome (RAO) Screening Review and AUL
Summary Compliance Review of the disposal site dated February 28, 2002. As a result of the
AUL Summary Compliance Review, the DEP identified an error in the original AUL and
consequently, the AUL dated August 5, 1997, and requested that Verizon implement an
Amendment and Ratification of Notice of Activity and Use Limitation to correct the error.
Specifically, the original AUL and the AUL dated August 5, 1997, did not adequately define
what uses and activities are permitted at the site, what uses and activities are restricted, or what
obligations and conditions must be maintained at the site. Jacques Whitford Company, Inc.
(Jacques Whitford) was contracted by Verizon to prepare the Amendment and Ratification of
Notice of Activity and Use Limitation. This AUL Opinion supercedes the original AUL Opinion
dated June 1, 1995 and the AUL Opinion dated August 5, 1997.
Site History
On August 15, 1990, the DEP issued NYNEX (currently operating as Verizon) a Notice of
Responsibility (NOR) for a failed tank tightness test of a 2,500-gallon diesel fuel underground
storage tank (UST). On August 21, 1991 the 2,500-gallon diesel fuel UST was removed from
the southern side of the on-site building. Analytical results of a composite soil sample collected
from the UST excavation indicated the presence of total petroleum hydrocarbons (TPH) at a
concentration of 2,850 milligrams per kilogram(mg/kg). Soil excavated to facilitate the UST
removal was subsequently returned to the UST grave. There remains residual petroleum-
contaminated soil that could not be removed because of the proximity of the on-site buildings
and its footings that prevented further excavation. On January 25, 1991, the disposal site was
listed by the DEP as a Location to be Investigated (LTBI) and assigned Site Number 3-3502.
On June 2, 1994, a 5,000-gallon#2 fuel oil UST was removed from the western side of the
building. The UST was removed following conversion of the facility to natural gas heat.
According to the EMCON RAO report(dated June 1, 1995), during the UST removal dark
staining was observed along the bottom of the concrete manway vault on top of the UST. PID
headspace readings from soil in this area exceeded the then current 50 parts per million by
volume (ppmv) 72-hour notification standard. On June 2, 1994, in accordance with the
Massachusetts Contingency Plan (the"MCP" 310 CMR 40.0000), the DEP was notified of the
release and provided verbal approval to conduct an Immediate Response Action(IRA) consisting
of UST removal and limited soil excavation. Since this constituted a separate release from the
(Verizon—Salem/AULOpinion.doc—May 2003) 1
. i
1
former 2,500-gallon diesel fuel release, the DEP assigned RTN 3-11069 to this disposal site.
Approximately 264 tons of petroleum-contaminated soil were excavated under an IRA and
transported off-site under a Bill of Lading to be recycled. Following remedial response actions
(i.e., UST removal and soil excavation) and soil and groundwater sampling, a Class A3 RAO
was achieved for the disposal site. An AUL was implemented to control potential exposure to
residual petroleum-contaminated subsurface soil at the site. The AUL was implemented for the
entire Verizon property.
[Note: the "MCP'is the Commonwealth of Massachusetts'code of regulations for the
notification, assessment, and cleanup of disposal sites where a release of oil and/or hazardous
materials (OHM) has occurred.]
In October 1995, EMCON detected non-aqueous phase liquid (NAPL) petroleum in one
Geoprobe soil boring advanced in a location presumably downgradient and adjacent to the
former 2,500-gallon diesel fuel UST excavation. A soil sample collected from the boring
contained a TPH concentration of 300 mg/kg identified as #2/Diesel Range Organics. A sample
of NAPL from the boring was also analyzed for TPH and found to be in the#2/Diesel
hydrocarbon range. No actual NAPL thickness was measured and no groundwater sample was
collected from the boring.
In September 1996, Jacques Whitford initiated a subsurface investigation in the vicinity of the
former 2,500-gallon diesel fuel UST, consisting of soil boring and monitoring well installation
and soil and groundwater sampling. NAPL was not detected in any of the four soil
borings/monitoring wells installed during the investigation. Following Jacques Whitford's site
investigation, a Class A3 RAO was achieved for DEP Site Number 3-3502 (the former 2,500-
gallon diesel fuel UST). An AUL was implemented to control potential exposure to residual
petroleum-contaminated subsurface soil associated with the former 2,500-gallon diesel fuel UST
area. This second AUL was also implemented for the entire Verizon property. The Class A3
RAO and AUL were submitted to the DEP in August 1997.
I
In November 2001, Jacques Whitford was contracted by Verizon to abandon the monitoring
wells at the Verizon property. In November 2001, subsequent to abandonment of well MW-5,
NAPL was observed in well MW-3 (located directly east of the former 2,500-gallon diesel fuel
UST) at a measured thickness of 1.92inches. The presence of NAPL in a monitoring well at a
thickness equal to or greater than 0.5 inches requires notification to the DEP within 72 hours.
On November 29, 2001, Verizon notified Mr. Brad Stewart of the DEP's Northeast Regional
Office of the release condition and was assigned RTN 3-21279.
In January 2002 Jacques Whitford submitted to the DEP an IRA Plan consisting of soil
boring/monitoring well installation, collection of soil and groundwater samples and passive
recovery of NAPL from well MW-3. The results of the IRA activities are documented in IRA
Status Reports dated March 29, 2002, October 3, 2002 and March 28, 2003. In November 2002,
Jacques Whitford, on behalf of Verizon, completed a Phase I Initial Site Investigation (ISI) and
Tier Classification submittal for RTN 3-21279. The ISI and Tier Classification documents were
submitted to the DEP on November 20, 2002. The site was classified as a Tier 2 disposal site.
(Verizon—Salem/AULOpinion.doc—May 2003) 2
A total of 50 milliliters (ml) of NAPL have been recovered from well MW-3 since May 2002.
Since May 2002,NAPL has been measured in well MW-3 at thicknesses ranging from 0.01 feet
(sheen) to 0.03 feet. The results of the subsurface assessment and media sampling program at
the site have effectively delineated the nature and extent of oil and hazardous material (OHM).
Concentrations of OHM in soil and groundwater samples collected at the site were all below
applicable MCP Method 1 Risk Characterization standards. It is Jacques Whitford's opinion that
NAPL is not present in the vicinity of the former 2,500-gallon UST area at levels of regulatory
significance and that the conditions of the AUL remain in effect to limit potential exposure to
subsurface petroleum-contaminated soil at the site. Therefore, Jacques Whitford is including the
disposal site associated with RTN 3-21279 under the existing AUL.
(Note: The "MCP Method I Cleanup Standards"refer to numerical standards for chemical
contaminants in soil and groundwater, which are published in the MCP. The soil standards are
broken up into three soil categories: S-1, S-2, and S-3. The S-I Soil Standards are the most
strict, or lowest, numerical values since they were derived to be protective of a residential
exposure scenario by considering a receptor's incidental ingestion and dermal contact
exposures to soil while gardening and playing. The S-2 and S-3 numerical standards are less
strict and therefore higher, having been developed using passive recreational and construction-
related exposure scenarios, respectively.)
Reason For Activity and Use Limitation
A risk characterization by Method 1, which compares contaminant levels to DEP's cleanup
standards, was conducted to support a Response Action Outcome for the disposal site.
Concentrations of petroleum in soil meet the Method 1 S-3 soil standards for current use,but
exceed the most stringent Method 1, S-i soil standards for unrestricted future use.
The site poses No Significant Risk to health, safety, public welfare or the environment for
current commercial and industrial uses of the property, as contaminant concentrations remaining
in soil meet the Method 1 S-3 cleanup standards. However, since levels of petroleum
hydrocarbons remaining in the soil at the site exceed Method 1 S-1 standards, a greater risk
exists if future activities and uses of the property were to result in human exposure to
contaminated soil. Therefore, in order to maintain a condition of No Significant Risk for future
activities and uses, an Activity and Use Limitation is required to prohibit certain uses of the
property and to restrict activities in the AUL Area such that any disruption of soil (at depths
greater than 7 feet below surface grade) is controlled and does not render contaminated soil more
accessible for direct contact or ingestion by people at or near the disposal site.
The following descriptions of Permitted Activities and Uses, Activities and Uses Inconsistent
with the AUL Opinion, and Obligations and Conditions replace and supercede those contained
in the Original AUL.
1. Permitted Activities and Uses. A condition of No Significant Risk to health, safety,
public welfare or the environment exists for any foreseeable period of time so long as any
of the following activities and uses occur within the AUL Area:
(Verizon-Salem/AULOpinion.doc-May 2003) 3
1
(i) Commercial and industrial uses of the property and activities consistent
therewith which do not involve the disturbance of soil located at depths
greater than 7 feet below surface grade in the AUL Area;
Excavation associated with short-term (three months or less) underground
utility and/or maintenance or construction in the AUL Area which is likely
to disturb petroleum-contaminated soil located at depths greater than 7 feet
below surface grade provided that it is conducted in accordance with a
Soil Management Plan and a Health and Safety Plan prepared and
implemented in accordance with Obligations (ii) and (iii) of this Opinion
prior to the commencement of such activity;
Activities and uses which are not identified by this Opinion as being
inconsistent with maintaining a condition of No Significant Risk; and
(iv) Such other activities and uses which, in the Opinion of the LSP, shall
present no greater risk of harm to health, safety, public welfare, or the
environment than the activities and uses set forth in this paragraph.
2. Activities and Uses Inconsistent with the AUL Opinion. The following activities and
uses, if implemented within the AUL Area, may result in a Significant Risk of harm to
health, safety,public welfare or the environment:
(i) Any short-term activity (three months or less), including but not limited
to, excavation, which is likely to expose, disturb, or redistribute the
petroleum-contaminated soil within the AUL Area located at depths
greater than 7 feet below surface grade without prior development and
implementation of a Health and Safety Plan and a Soil Management Plan
in accordance with Obligations (ii) and (iii) as set forth below;
Any long-term (greater than three months activity) which is likely to
disturb petroleum-contaminated soil in the AUL Area at 7 feet below
surface grade;
Relocation of petroleum-contaminated soil in the AUL Area currently
located at 7 feet below surface grade to a shallower depth, unless such
activity is first evaluated by an LSP who renders an Opinion, which states
that such relocation is consistent with maintaining a condition of No
Significant Risk;
(iv) Use of the AUL Area as a residence, school, daycare facility and/or other
use at which a child's presence is likely; and
3. Obligations and Conditions. The following obligations and/or conditions must be
maintained within the AUL Area in order to maintain a condition of No Significant
Risk:
(Verizon—Salem/AULOpinion.doc—May 2003) 4.
(i) A Soil Management Plan must be prepared and implemented prior to the
commencement of any subsurface activity, which is likely to disturb
petroleum-contaminated soil located at depths greater than 7 feet below
surface grade within the AUL Area. The Soil Management Plan should
describe appropriate soil excavation; handling, characterization, storage,
transport, and disposal procedures in accordance with the provisions of the
MCP cited at 310 CMR 40.0030 et seq. The plan should also include a
description of the engineering controls and air monitoring procedures
necessary to ensure that fugitive dust or particulates do not affect workers
and receptors in the vicinity. On-site workers must be informed of the
requirements of the Soil Management Plan, and the plan must be available
on-site throughout the course of the project. The plan must be developed
and implemented in accordance with the guidelines provided by the AUL
Opinion and attached hereto as Exhibit A to this AUL Amendment and
Ratification;
A Health and Safety Plan must be prepared and implemented prior to the
commencement of any activity which may result in the disturbance of
petroleum-contaminated soil located at depths greater than 7 feet below
surface grade in the AUL Area. 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 plan should specify the type of personal protection,
engineering controls, and environmental monitoring necessary to prevent
worker and other potential receptor exposures to petroleum-contaminated
soil through ingestion, dermal contact, and inhalation. Workers who may
come in contact with the petroleum-contaminated soil should be
appropriately trained on the requirements of the plan, and the plan must
remain available on-site throughout the course of the project;
(iii) The petroleum-contaminated soil currently located at depths greater than 7
feet below surface grade in the AUL Area must remain inaccessible and
may not be relocated to shallower depths, unless an LSP renders an
Opinion that such relocation is consistent with maintaining a condition of
No Significant Risk; and
(iv) If one or more new buildings are to be constructed in the AUL Area, a
qualified individual(s) who have reviewed the project file shall review
construction plans and specifications relative to the potential to create new
contaminant migration pathways and exposure scenarios and either
approve the construction plans and specifications or make
recommendations as to environmental engineering controls or other
measures, which may be required to ensure that a condition of No
Significant Risk will remain in the AUL Area after any such building(s)
are constructed. Relevant issues might include floor elevation changes,
(Verizon—Salem/AULOpinion.doc—May 2003) 5
foundation types, floor materials, utility penetrations through the
foundation and floor, and building ventilation system design issues.
Engineering controls or other measures, which are mandated by said
qualified individual(s) must be implemented prior to occupation of any
new buildings in the AUL Area.
LSP: ��&Y Q�L
Joel . rifrlo, Lic ed Site P14fessional
,�p R OFM��q
Date: , ,` ZT,
JOEL),L
U TRi�IrO
Na4725
.9EP�O p@Q'
�SnF PROFESS\
(Verizon-Salem/AULOpinion.doc-May 2003) 6
Massachusetts Department of Environmental Protection BWSC-114S
Bureau of Waste Site Cleanup
ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number
is:..........:.:.......:::.....::` 3�- 3502
COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED ANDIOR REGISTERED WITH THE
REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE.
A LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL:
Disposal Site Name: Verizon Central Office
Street•. 35 Norman Street
I
Location Aid:
CityfTown: Salem ZIP Code: 01970-0000
j Address of property subject to AUL,if different than above. Street:
City/Town: ZIP Code:
B. THIS FORM IS BEING USED TO:
Provide the LSP Opinion for an Amendment and Ratification of a Notice of Activity and Use Limitation,pursuant to instructions provided by DEP
in a Notice or Audit Findings issued to: Verizon New England Inc.
Name of Organization or person:
i
Date issued: 02/28/2002
I
i
C. LSP OPINION:
I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all
documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309
CMR 4.02(1),(it)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5).to the best of my knowledge,
information and belief.
The Amendment and Ratification of the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with
instructions provided by the Department of Environmental Protection in a Notice of Audit Findings issued to:
Name of Organization or person: Verizon New England Inc.
Date issued: 02/28/2002
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.
PCheck here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),per it or approval(s)
issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisi
Joel J. Trifilo
E4� Mgrs
LSP Name: LSP#: 4725 Stamp: pyo qc9
JOELJ. G
(781)935-9281 TAIFC_O
Telephone: EM.: H
No.4725
FAX: (781) 935-9307 G gF !D Q
pfSTEP \off
LSP Signature: to 'rRE PR
If
/�.1OE�SS
Date: ✓ ft"hlfX ZPI 2,00
IV I
Per Section C LSP Opinion - This form is submitted in accordance
with the DEP ' s RAO Screening Review/Aul Summary Compliance Review
Dated February 28, 2002.
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY FIND THE DOCUMENTTO BE INCOMPLETE
Revised 41212001 Page 1 of 1