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3 PURITAN ROAD - BUILDING INSPECTION WON a Alliance Environmental Group, Inc. 0 a O 124 Mt.Auburn Street,Suite zoo North,Cambridge,MA 02138 617-492-6500 iooJefferson Boulevard,Warwick,RI 02888 40r-732-7600 March 16, 2007 Mr. Thomas St, Pierre, Building Commissioner, Zoning Officer City of Salem 120 Washington Street Salem, MA 01971 RE: Public Involvement Notification 3 Puritan Road Salem, Massachusetts RTN 3-25076 Dear Mr. St. Pierre: Pursuant to 310 CMR 40.1403(7)(a), we hereby notify you that a Notice of Activity and Use Limitation (AUL) was recorded for the above-referenced property ("Property") in the Essex County Registry of Deeds, Southern District, on March 15, 2007. This AUL restricts access to contaminated subsurface soils on the Property. If the restrictions detailed in the AUL are followed, a condition of No Significant Risk to health will exist on the Property. A copy of the AUL is enclosed, pursuant to 310 CMR 40.1403(7)(a). Please call me during normal business hours at 617-492-6500 if you have any questions. Very truly yours, Alliance Environmental Group, Inc. MiPieisse PE,r LSP rincipal Enc. 2001031500161 806646 Pg;446 03/15/2007 11:40:00 OTHER PB 1/12 1 j NOTICE OF ACTIVITY AND USE LIMITATION IlOV M.G.L. c. 21E, §6 and 310 CMR 40.0000 Disposal Site Name: Residential Property at 3 Puritan Road, Salem, Massachusetts MassDEP Release Tracking No.: 3-25076 This Notice of Activity and Use Limitation("Notice") is made as of this f,JAJgday of March 2007, by Alan F. Hawryluk of 3 Puritan Road in Salem, MA, together with his successors and assigns (collectively"Owner"). WITNESSETH : WHEREAS, Alan F. Hawryluk of 3 Puritan Road in Salem, Essex County, Massachusetts is the owner in fee simple of that certain parcel of land located in Salem, Essex County, Massachusetts, with the buildings and improvements thereon("Property"); WHEREAS, said parcel of land,which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof, is subject to this Notice. The Property is shown on a plan recorded with the Essex South District Registry of _ -------.— Deeds in Plan-Book 104,-Plan 55; — — - WHEREAS,the Property comprises all of a Disposal Site as the results of a release of oil and/or hazardous materials. Exhibit B is a sketch plan showing the Property subject to this Notice. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c.21E ("Chapter 21E")and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon(a) restriction of human access to and contact with oil and/or hazardous material in soil, and (b)the restriction of certain activities occurring under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"), dated February 26, 2007, which is attached hereto as Exhibit C and made a part hereof; NOW, THEREFORE,Notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Property: i. Residential use and activities associated herewith, including,but not limited to,pedestrian and/or vehicular traffic, landscaping, gardening, P C I l P,SFmaicE RE-p g.s"E-2 and routine maintenance of landscaped areas,which do not cause and/or result in the disturbance and/or the re-location of contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas; ii. Short-term(three months or less) underground utility and/or construction activities including, but not limited to, excavation (including emergency repair of underground utility lines),which are likely to disturb contaminated soils located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas,provided that such activities are conducted in accordance with Obligations/Conditions (i) and (ii) in Section 3 of this Notice,the AUL Opinion,the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; iii. Activities and uses which are not identified in the AUL Opinion as being inconsistent with maintaining a condition of No Significant Risk; and iv. Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent wit the objectives of this Notice, and which, if implemented at the Property,may result in a significant risk of harm to health, safety,public welfare or the environment or in a substantial hazard, are as follows: i. Any activity including, but not limited to, excavation, which is likely to disturb contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas associated with underground utility and/or construction work, without prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and(ii)of ii. Any activity which is likely to disturb contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas for a period of time greater than three months, unless such activity is first evaluated by a LSP who renders an Opinion stating that such activity is consistent with maintaining a condition of No Significant Risk and such activity is conducted in accordance with Obligations (i) and (ii) of Section 3 of this Notice; and in. Relocation of contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas, unless such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent with maintaining a condition of No Significant Risk. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall included the following: i. A Soil Management Plan(SMP) must be prepared by a LSP prior to the commencement of any activity that is likely to disturb contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. The SMP shall describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the contaminated soil shall be appropriately trained on the requirements of the SMP, and the SMP must remain available at the Property throughout the course of the project; ii. A Health and Safety Plan("Plan")must be prepared and implemented prior to the commencement of any activity that may results in the disturbance of contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. The Plan shall be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Plan shall specify the type of personal protection, engineering controls, and environmental monitoring necessary to prevent worker and other potential receptor exposures to contaminated soil through ingestion, dermal contact, and inhalation. --- _ makers-whammaycome-irr contact-wi&the-eontaminated-sail-shall be--- appropriately trained on the requirements of the Plan, and the Plan must remain available at the Property throughout the course of the project; and iii. The contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas must remain at depth and shall not be relocated, unless such activity is fust evaluated by a LSP who renders an Opinion that states such activity poses no greater risk of harm to health, safety,public welfare, or the environment and ensures that a condition of No Significant Risk is maintained. 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 contaminated soil than currently exist shall be evaluated by a LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a Significant Risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of 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, safety,public welfare, or the environment to create substantial hazards due to exposure to contaminated soil without the prior evaluation by a LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary,to achieve a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by a LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the Property subject to this Notice at the time the activities,uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6, Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements,mortgages, leases, licenses, occupancy agreement 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 herby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered wit the appropriate — —Registry&s)of Deeds-and/or Land Registration Office(s). WITNESS the execution hereof under seal this Lr Vday of March, 2007 � �- z Alan F. Hawryluk 9 COMMONWEALTH OF MASSACHUSETTS Craw `lT Essex, §§ 1421z /S— 2007 Then personally appeared the above named Alan F. Hawryluk and acknowledged the foregoing to be his free act and deed before me, NotaryPublic: My Commission Expires: ? 9 0 J7'H V.V.GRRNESL -- 7 Notary Public .mronwealth of MassachuaaYs rfy commiatien Expires _ Ju�a27.2008 The undersigned LSP here`"by ceiti es that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice is consistent wit the terms set forth in said Activity and Use Limitation Opinion. Date: ? 07 Michael ersser, PE, LSP STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS Kent, §§ - —27-7 , 2007 Then personally appeared the above named Michael F. Geisser,PE, LSP,and acknowledged the foregoing to be his free act and deed before me, Au lic: My ission Upon recording, return to: Michael F. Geisser, PE, LSP Alliance Environmental Group, Inc. 124 Mt. Auburn Street, 200N Cambridge,MA 02138 EXHIBIT A Property Description The following is a description of the Property, shown as Lot 1 on a plan recorded at the Essex County Southern District Registry of Deeds on May 24, 1965, at Plan Book 104, Page 55. Beginning at a point, said point being the westerly most corner of the Property herein described and on the northeasterly line of Puritan Road,thence running N66'1 5'40"E along land now or formerly of Joseph L. &Rosa S. Jorge and George & Ethel King a distance of sixty-three and 98/100 (63.98) feet to a point; Thence, running N66°03'30"E along land now or formerly of W.R. &Ellen B. Chapruet a distance of thirty and 07/100 (30.07) feet to a point; Thence,running S25°44'20"E a distance of seventy-three and 81/100 (73.81) feet to a point; Thence,running N64°15'40"E a distance of ninety-four and 00/100 (94.00) feet to a point, said point being on the northeasterly line of Puritan Road; Thence, running N25°44'20"W along the northeasterly line of Puritan Road a distance of seventy-seven and 00/100 (77.00) feet to the point and place of beginning. The above-described parcel contains 7,100 square feet, more or less. w� MAP 10 �s� PARCEL 141 O MAP 10 PARCEL 142 MAP 10 PARCEL 143 MAP 10 •\ PARCEL 144 MAP 15 PARCEL 56 \ /• MAP 15 PROPERTY PARCEL 59 BOUNDARY & / •\ DISPOSAL SITE AREA \ / MAP 15 PARCEL 57 MAP 10 �9,L PARCEL 217 MAP 15 PARCEL 58 30 0 30 SCALE IN FEET N EXHIBIT B: PROPERTY-SKETCH, Alliance EJ2vironmental Group, Inc: 3 PURITAN ROAD 100 Jefferson Boulevard,Warwick RI 02888 SALEM,MASSACHUSETTS Telephone_401.732.7600;Fax:401.732.7670 AEG Proj.# 1643 File: 1643.EXHIBIT B.dwg Drawn by:JHB Checked by:MFG EXHIBIT C ACTIVITY AND USE LIMITATION (AUL) OPINION In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared for a parcel of land owned by Alan F. Hawryluk at 3 Puritan Road, Salem, Essex County,Massachusetts 01970, designated by the City as Parcel 56 on Map 15 (hereinafter "Property"). Property History During renovations at the approximately 15-acre Witchcraft Heights Elementary School (WHES) in 2001, an area of ash and sludge-like material was discovered buried along the path of a new school access road near the intersection of Puritan Road and Ord Street Extension. The Salem School Department hired a Licensed Site Professional (LSP)to collect samples of the material found during road construction for chemical analysis. The samples from the fill area were found to contain concentrations of arsenic, lead and total chromium at levels exceeding the Massachusetts Contingency Plan (MCP) reportable . concentrations for a school property or any location within 500 feet of a residential property. In the subsequent years, beginning in December of 2001,impacted soils were removed from the WHES and disposed. During the cleanup efforts at the WHES,nearby property owners requested the School Department to collect soil samples from their yards to determine if soil erosion and/or deposition from the soil removal project and road construction at the WHES impacted their properties. As a result, surficial soil samples were collected from the Property and laboratory analysis indicated elevated levels of arsenic, chromium and lead. Following the initial findings, additional soil samples were collected from the Property and results showed elevated levels of arsenic and chromium. Soil removal was then conducted at the Property by the USEPA, but post-sampling results indicated that elevated levels of arsenic remain at the Property beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. --- ----Reasons for--AstiviWand-Use-Limitation-----------------_--_------------- ----_--- A Risk Characterization was conducted to evaluate the risk posed by the levels of contamination located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. Results of this characterization showed that a condition of No Significant Risk was achieved at the Property if access was restricted to those soils located beneath the basement of the structure and paved areas (driveway and rear patio); and at and beyond-3 feet below surface grade in unpaved areas. Consequently, in order to ensure exposure does not occur and that a condition of No Significant Risk is maintained for future activities and uses, an AUL is required to restrict certain activities and uses at the Property. Permitted Activities and Uses i. Residential use and activities associated herewith, including, but not limited to, pedestrian and/or vehicular traffic, landscaping, gardening, and routine maintenance of landscaped areas,which do not cause and/or result in the disturbance and/or the re-location of contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas; ii. Short-term(three months or less)underground utility and/or construction activities including, but not limited to, excavation(including emergency repair of underground utility lines)that is likely to disturb contaminated soils located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas, provided that such activities are conducted in accordance with Obligations/Conditions (i) and(ii) in Section 3 of this Activity and Use Limitation Opinion("Opinion"),the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; iii. Activities and uses which are not identified in 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 an LSP, shall present no greater risk of harm, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. Activities and Uses Inconsistent with AUL Opinion i. Excavation for construction or utility work for periods in excess of six months or longer beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas of the Property, without an evaluation of those activities by a Licensed Site Professional (LSP). Any excavation work conducted on the Property,regardless of duration, must be done in accordance with a Soil Management Plan and Health and Safety Pian inaccordance with Obligations(i}and-(ii) of Section 3 ofthe-AUL,—- --- ii. Any other activity that may disturb soil.beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas on the Property may not be done unless a LSP renders an Opinion that.such activity will pose No Significant Risk and such activity is conducted in accordance with Obligations (i) and (ii) of Section 3 of this AUL; iii. Relocation of soils from beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas, to other places on the Properly without an LSP Opinion that such relocation will pose No Significant Risk; and iv. Any changes in the Property use that would lead to higher levels of exposure to the contaminated soil on the Property. Obligations and Conditions i. A Soil Management Plan (SMP)must be prepared by an LSP prior to the commencement of any activity that is likely to disturb contaminated soil located beneath the basement of the structure and paved areas (driveway and sear patio), and at and beyond 3 feet below surface grade in unpaved areas. The SMP shall describe appropriate soil management, characterization, storage,transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the contaminated soil shall be appropriately trained on the requirements of the SMP, and the SMP must remain available at the Property throughout the course of the project; ii. A Health and Safety Plan ("Plan")must be prepared and implemented prior to the commencement of any activity that may results in the disturbance of contaminated soil beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. The Plan shall be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Plan shall specify the type of personal protection, engineering controls, and environmental monitoring necessary to prevent worker and other potential receptor exposures to contaminated soil through ingestion, dermal contact,and inhalation. Workers who may come in contact with the contaminated soil shall be appropriately trained on the requirements of the Plan,and the Plan must remain available at the Property throughout the course of the project; and iii. The contaminated.soil located beneath the basement of the structure.and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas must remain at depth and may not be relocated,unless such activity is first evaluated by a LSP who renders an Opinion which states that such activity poses no greater risk of harm to health, safety,public welfare, or the environment and ensures that a condition of No Significant Risk is maintained. LSP: -- Date: 2 —Z 7— d 7 Michael rsse• , Massachusetts Department of Environmental Protection 8ureau ofWaste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 3� _ 25076 - A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: Residence 2. Street Address: 3 Puritan Road Salem 01970-0000 3. City/Town: 4. ZIP Code: B. THIS FORM IS BEING USED TO: -(check one) - - 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40:1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113.-Section A and C do not need to be completed. C 3.-Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310.CMR 40.1081(4).. 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3).. 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). - 6. Provide the LSP Opinion fora Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. - 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3): 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). C 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4).. (Unless otherwise noted above,all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) ----- - C:AUCINFORMATION: - -- _-...._ -- - ----- - ---- 1. Is the address of the property subject to AUL different from the disposal site address listed above? 10 a._ No C b. Yes If yes,then fill out address section below. 2. Street Address: 3. City/Town: 4. ZIP Code: Revised:06/27/2003 Page 1 of Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 5076 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjurythat I have personally examined and am familiarwith this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L,c.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice ofActivity and Use Limitation orAmendment to a Grant of Environmental Restriction is being registered and/or recorded,the.Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination ora Partial Termination of a Notice ofActivity and Use Limitation,ora Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083; - > if Section indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; - > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); 1 am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. 1. LSP#: 6997 _ 2. First Name: Michael F. 3. Last Name: Geisser, PE, LSP 4. Telephone: (617) 492-6500 5 Ext: 14 6 FAX: (617) 547-1431 7. Signature: -�� 8. Date: 02/27/2007 9. LSP Stamp: mm/ddtyyyy,y , - ' aA.n• . = Lu4 i Revised: 06/27/2003 Page 2 of 2 a Alliance Environmental Group, Inc. 0 O 124 Mt.Auburn Street, Suite zoo North, Cambridge,MA 02138 617-492-65oo roo Jefferson Boulevard,Warwick,RI 02888 401-732-7600 April 27, 2007 Mr. Thomas St. Pierre, Building Commissioner, Zoning Officer City of Salem 120 Washington Street Salem, MA 01971 RE: Public Involvement Notification 3 Puritan Road Salem, Massachusetts RTN 3-25076 Dear Mr. St. Pierre: Pursuant to 310 CMR 40.1403(7)(a), we hereby notify you that a First Amendment to the Notice of Activity and Use Limitation (AUL) was recorded for the above-referenced property ("Property") in the Essex County Registry of Deeds, Southern District, on April 19, 2007. This Amendment changes the allowable period of time permitted for short-term underground utility and/or construction activities from 3 months to 6 months in the AUL Opinion, and provides a more detailed Property Sketch. If the restrictions detailed in the amended AUL are followed, a condition of No Significant Risk to health will exist on the Property. A copy of the First Amendment to the AUL is enclosed, pursuant to 310 CMR 40.1403(7)(a). Please call me during normal business hours at 617-492-6500 if you have any questions. Very truly yours, Alliance Environmental Group, Inc. M' ael F. Geisser, PE, LSP rincipal Enc. 2007041900319 6k;26756 P9:482 04/19/2007 fa:24:00 OTHER Pa 1/9 FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 3.10 CMR 40.0000 Disposal Site Name: Residential Property at 3 Puritan Road, Salem, Massachusetts DEP Release Tracking No.: 3-25076 WHEREAS, a Notice of Activity and Use Limitation has been recorded with the Essex South District Registry of Deeds in Book 26646, Page 446 (said Notice of Activity and Use Limitation and any appendices thereto are collectively referred to herein as 'Notice"); WHEREAS, said Notice sets forth limitations on use and activities, conditions, and obligations affecting a certain parcel of land situated in Salem,Essex County, Massachusetts, with the buildings and improvements thereon, said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof("Property"). Said limitations on use and activities are consistent,with one exception,with the terms of an Activity and Use Limitation Opinion("AUL Opinion")dated February 27,2007, signed and sealed by Michael F. Geisser,PE,LSP,holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to Massachusetts General Laws Chapter 21A, Sections 19-191 (the holder being referred to as "LSP")attached to the Notice as Exhibit C and made a part thereof, in order to maintain at the Property a condition of No Significant Risk(such conditions and terms being defined in 310 CMR 40.0000); and WHEREAS,the undersigned LSP, in accordance with Chapter 21E and the MCP, has issued and signed an AUL Opinion,dated April 10, 2007, and filed with DEP at its Northeast Regional Office under Release Tracking No. 3-25076, attached hereto as Exhibit B and made a parthereof. Said AUL Opinion explains that the implementation of the following proposed changes in Site Activities and Uses at the Property will maintain a condition of No Significant Risk, and that no additional response actions are necessary; NOW THEREFORE, in accordance with M.G.L. c.21E and the MCP,the undersigned Alan F. Hawryluk, of Salem,Essex County,Massachusetts, being the owner of the Property pursuant to a deed recorded with the Essex South District Registry of Deeds in Book 13X55,P.a e 406, hereby amends said Notice as follows: i 1. Exhibit C to the Notice, Activity and Use Limitation(AUL) Opinion, - ;. paragraph entitled, "Permitted Activities and Uses," subparagraph ii., is hereby Y 1,,3 tea amended to read,"Short-term (six months or less)underground utility and/or s�: t sQ C9 ' construction activities... "This amended Exhibit C is appended hereto as c� t Exhibit B. Lu w 2. Exhibit B to the Notice,Property Sketch, is redrawn showing the boundaries of uW U t the Property, and the locations and sizes of the improvements thereon, to scale; UJ i naming the Property both by Assessor's Plat and Lot,and by Lot number shown on the record plan at the Essex South District Registry of Deeds in Plan t, Book 104, Plan 55. This amended Exhibit B is appended hereto as Exhibit C. t ' S` i 1 - In all other respects the provisions of said Notice remain unchanged. The Property Owner authorizes and consents to the filing and recordation/and or registration of this First Amendment to the Notice, said First Amendment to become effective when executed under seal by the undersigned LSP and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. WITNESS the execution hereof under seal this /F day of April 2007. Alan F. Hawryluk COMMONWEALTH OF MASSACHUSETTS Essex, §§ April/$,2007 Then personally appeared the above named Alan F.Hawryluk and acknowledged the foregoing to be his free act and deed before me, 7- o Notary Public My Commission Expires The undersigned LSP hereby certifies that he executed the amended AUL Opinion dated April 10, 2007, filed with DEP at its Northeast Regional Office under Release Tracking No. 3-25076, attached hereto as Exhibit B and made a part hereof, and that, in his Opinion,this First Amendment to the Notice of Activity and Use Limitation is consistent therewith. 2 G�/ a —�0©•'7 Michael F ser,PE, LSP Date STATE OF RHODE ISLAND Kent, §§ April(@ 2007 Then personally appeared the above named Michael F. Geisser, PE, LSP, and acknowledged the foregoing to be his free act and deed before me, Nota u Elie My Commission Expires Upoiisecording, return to: Alan F. Hawryluk 3 Puritan Road Salem, MA 01970 EXHIBIT A Property Description The following is a description of the Property, shown as Lot 1 on a plan recorded at the Essex South District Registry of Deeds on May 24, 1965, at Plan Book 104, Page 55. Beginning at a point, said point being the westerly most corner of the Property herein described and on the northeasterly line of Puritan Road, thence running N66015'40"E along land now or formerly of Joseph L. & Rosa S. Jorge and George & Ethel King a distance of sixty-three and 98/100 (63.98) feet to a point; Thence, running N66003'30"E along land now or formerly of W.R. &Ellen B. Chapruet a distance of thirty and 07/100 (30.07) feet to a point; Thence, running S25°44'20"E a distance of seventy-three and 81/100 (73.81)feet to a point; Thence, running N64015'40"E a distance of ninety-four and 00/100 (94.00) feet to a point, said point being on the northeasterly line of Puritan Road; Thence, running N25°44'20"W along the northeasterly line of Puritan Road a distance of seventy-seven and 00/100 (77.00) feet to the point and place of beginning. The above-described parcel contains 7,100 square feet, more or less. EXHIBIT B ACTIVITY AND USE LIMITATION (AUL) OPINION . In accordance with the requirements of 310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared for a parcel of land owned by Alan F. Hawryluk at 3 Puritan Road, Salem, Essex County, Massachusetts 01970, designated by the City as Parcel 56 on Map 15 (hereinafter "Property"). Property History During renovations at the approximately 15-acre Witchcraft Heights Elementary School (WHES) in 2001, an area of ash and sludge-like material was discovered buried along the path of a new school access road near the intersection of Puritan Road and Ord Street Extension. The Salem School Department hired a Licensed Site Professional (LSP) to collect samples of the material found during road construction for chemical analysis. The samples from the fill area were found to contain concentrations of arsenic, lead, and total chromium at levels exceeding the Massachusetts Contingency Plan (MCP) reportable concentrations for a school property or any location within 500 feet of a residential. property. In the subsequent years, beginning in December of 2001, impacted soils were removed from the WHES and disposed. During the cleanup efforts at the WHES, nearby property owners requested the School Department to collect soil samples from their yards to determine if soil erosion and/or deposition from the soil removal project and road construction at the WHES impacted their properties. As a result, surficial soil samples were collected from the Property and laboratory analysis indicated elevated levels of arsenic, chromium, and lead. Following the initial findings, additional soil samples were collected from the Property and results showed elevated levels of arsenic and chromium. Soil removal was then conducted at the Property by the USEPA, but post-sampling results indicated that elevated levels of arsenic remain at the Property beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. Reasons for Activity and Use Limitation A Risk Characterization was conducted to evaluate the risk posed by the levels of contamination located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. Results of this characterization showed that a condition of No Significant Risk was achieved at the Property if access was restricted to those soils located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. Consequently, in order to ensure exposure does not occur and that a condition of No Significant Risk is maintained for future activities and uses, an AUL is required to restrict certain activities and uses at the Property. Permitted Activities and Uses i. Residential use and activities associated herewith, including,but not limited to, pedestrian and/or vehicular traffic, landscaping, gardening, and routine maintenance of landscaped areas, which do not cause and/or result in the disturbance and/or the re-location of contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas; ii. Short-term (six months or less) underground utility and/or construction activities including, but not limited to, excavation (including emergency repair of underground utility lines)that is likely to disturb contaminated soils located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas,provided that such activities are conducted in accordance with Obligations/Conditions (i) and(ii) in Section 3 of this Activity and Use Limitation Opinion ("Opinion"),the soil management procedures of the MCP cited at 310 CMR 40.0030, and all applicable worker health and safety practices pursuant to 310 CMR 40.0018; iii. Activities and uses which are not identified in 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 an LSP, shall present no greater risk of harm, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. Activities and Uses Inconsistent with AUL Opinion i. Excavation for construction or utility work for periods in excess of six months or longer beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas of the Property, without an evaluation of those activities by a Licensed Site Professional (LSP). Any excavation work conducted on the Property, regardless of duration, must be done in accordance with a Soil Management Plan and Health and Safety Plan in accordance with Obligations (i) and (ii) of Section 3 of the AUL; ii. Any other activity that may disturb soil beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas on the Property may not be done unless a LSP renders an Opinion that such activity will pose No Significant Risk and such activity is conducted in accordance with Obligations (i) and (ii) of Section 3 of this AUL; iii. Relocation of soils from beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas, to other places on the Property without an LSP Opinion that such relocation will pose No Significant Risk; and iv. Any changes in the Property use that would lead to higher levels of exposure to the contaminated soil on the Property. Obligations and Conditions is A Soil Management Plan (SMP) must be prepared by an LSP prior to the commencement of any activity that is likely to disturb contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), .and at and beyond 3 feet below surface grade in unpaved areas. The SMP shall describe appropriate soil management, characterization, storage,transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the contaminated soil shall be appropriately trained on the requirements of the SMP, and the SMP must remain available at the Property throughout the course of the project; ii. A Health and Safety Plan ("Plan") must be prepared and implemented prior to the commencement of any activity that may results in the disturbance of contaminated soil beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas. The Plan shall be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Plan shall specify the type of personal protection, engineering controls, and environmental monitoring necessary to prevent worker and other potential receptor exposures to contaminated soil through ingestion, dermal contact, and inhalation. Workers who may come in contact with the contaminated soil shall be appropriately trained on the requirements of the Plan, and the Plan must remain available at the Property throughout the course of the project; and iii. The contaminated soil located beneath the basement of the structure and paved areas (driveway and rear patio), and at and beyond 3 feet below surface grade in unpaved areas must remain at depth and may not be relocated, unless such activity is first evaluated by a LSP who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and ensures that a condition of No Significant Risk is maintained. LSP: � -1.����� Date: April 10, 2007 Michael F msser, PE, LSP LAMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY&USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) F - 25076 A. DISPOSAL SITE LOCATION: 1, Disposal Site Name: RESIDENCE 2. Street Address: 3 PURITAN RD 3. City/Town: SALEM 4. ZIP Code: 101970-1227 B. THIS FORM IS BEING USED TO: (check one) 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. . 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment toBWSC11:3. Section A and C do not need to be completed. [✓�f 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4), ri 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). - - Ej 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. Q 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ® 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). _ (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? 11/1 a. No ❑ b. Yes If yes,then fill out address section below. _ 2. Street Address: 3. City/Town: 4. ZIP Code:. Revised:06/27/2003 Page 1 oft Mass acauhusetts Department of Environmental Protection Bureof Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 33 - 25076 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and(3)',and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1060; > if Section B indicates that an Amended Notice of Activity and Use Limitation orAmendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination ora Partial Termination of a Notice of Activity and Use Limitation,ora Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083; > if Section B indicates that Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materially incomplete. 1. LSP#: 6997 2. First Name: MICHAEL F ( 3. Last Name: [GEISSER 4. Telephone: (781)821-4142 5. Ext: -_! 6. FAX: `- - 7. Signature: 8. Date: C'��d L-0`7 9. LSP Stamp: m ldd/yyyy Revised: 06/27/2003 Page 2 of 2 EXHIBIT C 73.81' S 25' 44' 20' E W 0 n n .D 2 a 0 •.•. W ADDITION PORCH!', .:.9'".:e'• o P N 2 W MAIN BUILDING a e. P stairs N t chimney _ m ao stoop A•. GRASS stairs GRASS ,. t., pavement 77.00' N 25' 44' 20' E PURITAN ROAD 15 O 15 RECORDED WITH ESSEX COUNTY SOUTHERN DISTRICT REGISTRY OF DEEDS IN PLAN BOOK 104, SCALE IN FEET PAGE 55(SHOWN AS LOT 1) Illi EXHIBIT C-PROPERTY SKETCH Alliance Environmental Group, Inc. 3 PURITAN ROAD 100 Jefferson Boulevard, Warwick RI 02888 SALEM,MASSACHUSETTS Telephone:401.732.7600;Fax:401.732.7670 RTN: 3-25076 AEG Proj.#1643 File: 1643.EXHIBIT C.dwg Drawn by:JHB Checked by:MFG