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M932-4-01 (7100)
January 30, 2012
Mayor Kimberley Driscoll
Salem City Hall
93 Washington Street
Salem, MA 01970
Re: AUL Termination
4 Szetela Lane, 1, 3, 311 Fort Avenue, 20 Webb Street
Salem, MA
RTN 3-20276
Dear Mayor Driscoll:
In accordance with the Public Notification Procedures of the Massachusetts Contingency Plan
(MCP) 310 CMR 40.1403, we are required to notify you of submittal to the Massachusetts
Department of Environmental Protection (MassDEP) of a Response Action Outcome (RAO)
Retraction and Termination of Activity and Use Limitation for the above referenced site.
Release tracking number (RTN) 3-20276 had been issued for impacts to soils from historical
industrial uses of the site. Targeted excavations have been conducted under the Immediate
Response Action (IRA) and Release Abatement Measure (RAM) provisions of the MCP to
address impacted surficial soil.
Following a MassDEP audit of the site, the AUL has been terminated prior to conducting
additional assessment of the soil and groundwater at the subject property.
The Termination of the AUL was recorded on January 27, 2012 at the Essex County Registry
of Deeds in Book 31036, Page 373. A copy of the recorded Termination is enclosed. The
attached public notice is to be published in the Salem News.
The AUL Termination and RAO Retraction referenced herein are available for public review at
the Northeast Regional office of the MassDEP at 205B Lowell Street in Wilmington. For
information about file review, please call the MassDEP Service Center at (978) 694-3200.
The documents can also be viewed electronically through the MassDEP website.
If you have any questions or comments relative to this correspondence or would like to
obtain a copy of the documents, please contact the undersigned at your earliest
convenience.
Very truly yours,
TIGHE & BOND, INC.
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Nancy E. Milkey, P.G., LSP
Project Manager - Hydrogeology
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1911-201F 53 Southampton Road Westfield, MA 01085 Tel 413.562.1600 Fax 413.562.5317
Enclosures
Copy: Salem Department of Health
Salem Building Department
Salem Zoning Official
Department of Environmental Protection
Lynn Goonin Duncan, Salem Planning and Community Development
-2
2012012700071 Bk; IE Pg;373
01/27/2012 10:43 TRMN PB 113
Form 1084D
TERMINATION OF NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, & 6, 310 CMR 40.0000
Disposal Site Name:Property at 1,3&3R Fort Avenue,20 Webb Street and 4 Szetela Lane,Salem,
Massachusetts
DEP Release Tracking No.(s)3-20276
WHEREAS,a Notice of Activity and Use Limitation has been recorded with the Essex
County Registry of Deeds in Book 25401 Page 62,(said Notice of Activity and Use Limitation and
any amendments thereto are collectively referred to herein as "Notice");
WHEREAS, said Notice sets forth limitations on use and activities, conditions, and
obligations affecting certain vacant land situated in Salem (Town/City), Essex County,
Massachusetts,said land being more particularly bounded and described in Exhibit A attached hereto
and made a part hereof('Property");
WHEREAS, said limitations are consistent with the terms of an Activity and Use
Limitation Opinion ("AUL Opinion") dated February 24, 2006, signed and sealed by Michael P.
Geisser, P.E., LSP, holder of a valid license issued by the Board of Registration of Waste Site
Cleanup Professionals,pursuant to M.G.L. c. 21A, §§ 19 through 19J inclusive, (the holder being
referred to as"LSP")attached to said Notice of Activity and Use Limitation as Exhibit C and made a
part thereof,in order to maintain at the Property a condition of No Significant Risk(said conditions
and terms being defined in 310 CMR 40.0000);and
WHEREAS, said Notice is being terminated because additional response actions are
necessary to support the conclusion that a condition ofNo Significant Risk has been achieved at the
Property.
NOW,THEREFORE,I/We of Salem(City/Town)Essex County,Massachusetts(State),
being the owner(s)of said Property, do hereby terminate said Notice.
Owner authorizes and consents to the filing and recordation and/or registration of this
Termination of Notice of Activity and Use Limitation;said Termination to become effective when
recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office.
i
WITNESS the execution hereof under seal this day of 2012.
Kimberley Drisco ,Mayor
City f Salem
COMMONWEALTH OF MASSACHUSETTS
Essex, ssV1 .as,2012
JOn this r�� day of ,1gU , 2012, before me, the undersigned notary public,
personally appeared D n c�l/(name of document signer),proved tome through
satisfactory evidence of identification which were LIN 1JY I USS /! to be the person
whose name is signed on the preceding or attached document, and acknowledged to me that (he)
(she) signed
�i�t�voluntarily for its stated purpose.
(official signature and seal of notary)
yi EXv'ti
Upon recording,return to: , _
Mayor Kimberley Driscoll
Salem City Hall y;,+e►N
93 Washington Street
Salem,MA 01970