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WASHINGTON STEETConsultants I Engineers Contractors CORPORATE ENVIRONMENTAL ADVISORS, INC Via U.S. Postal Service October 5, 2009 City of Salem Board of Health 120 Washington Street Salem, MA 01970 OCT a 2009 Oily Or c,s,LElvi BOARD OF HEALTH RE: Notice of Availability: Phase I Report/Tier Classification Property at 219 Washington Street Salem, MA MassDEP RTN: 3-28079 CEA ID # 6604-07 To Whom It May Concern: As promulgated within 310 CMR 40.1403(3)(e) of the Massachusetts Contingency Plan, this letter serves as official notification that a Phase I - Initial Site Investigation and Tier II Classification for the referenced site will be filed with the Massachusetts Department of Environmental Protection (MassDEP). A Phase I Report has been prepared following the 120 -day Reportable Condition identified in October 2008, and provided to the MassDEP in a Release Notification Form (RNF) dated Octoberl3, 2008 within the 120 days of obtaining knowledge of the reporting condition pursuant to 310 CMR 40.0315(1) of the MCP. Based on available information obtained during assessment activities, the release is related to the historical use of the property as dry cleaning facility in the early 1900s. Based on current site conditions, no 2 -hour or 72 -hour reporting conditions exist and no IRAs are required. Please contact the undersigned at (508 835-8822) if you wish to obtain a copy of the report. A copy of the Phase I/Tier Classification Report may also be obtained and/or viewed at the MassDEP's Northeast Regional Office located at 205B Lowell Street, Wilmington, Massachusetts 01887. Sincerely, CORPORATE ENVIRONMENTAL ADVISORS, INC. ��e' �e �I L'/ Michael H. Cote Sr. Hydrogeologist/Assistant PM cc: Dodge Area LLC Salem Health Department MassDEP Northeast Region ADDRESS 1725 Mention Road, Suite 208 Cumberland, RI 02864 TEL 401.334.3313 FAX 401.334.3312 WEB www.cea-inc.com I Massachusetts I Connecticut I Rhode Island . I New Hampshire May 22, 2009 Janet Mancini City of Salem, Acting Health Agent 120 Washington Street Salem, MA 01970 By Hand Delivery to 120 Washington Street, 40 Floor Dear Ms. Mancini, Washington at Derby LLC C/O RCG LLC 17 Ivaloo Street Somerville, MA 02143 120 Washington Street, Suite 202A Salem. MA 01970 T 617 625 8315 F 617 625 8345 www.RCG-LLC.com As requested, I have taken sound readings at the property located at 155-189 Washington ,Streetland 26 New Derby Street. These readings were taken at approximately 10:30 AM today, May 22, 2009. To test the decibel levels I used a Digital Sound Level Meter with a slow response, weighted A, and positioned myself on the North East corner of the property (along Front Street). These readings did not indicate any increase in sound levels during operation of the roof top equipment. All new equipment on the roof has been screened visually, which also provides a significant sound barrier. As this property is located on a busy intersection, there are significant ambient noise levels as well. Please feel free to contact me with any questions. Thank Ybu, Alx 4Schnip RCG LLC On Behalf of Washington at Derby LLC March 19, 2008 City of Salem Board of Health 120 Washington Street, 4th Floor Salem, MA 01970 CORPORATE ENVIRONMENTAL ADVISORS, INC. PROUDLY CELEBRATING 2O` Established 1981 RECEEIVED MAR 2 5 2008 CITY OF SALEM - 3 BOARD OF HEALTH CTN� REF: First Amendment to Notice of Activity and Use Limitation Former Salem News Property 155 Washington Street, Salem, MA RTN 3-10849 CEA Project #5588-04 To Whom It May Concern: This letter is to inform the City of Salem Board of Health, in accordance with 310 CMR 40.1403(7)(a), that Washington at Derby LLC has recorded a "First Amendment to Notice of Activity and Use Limitation" (AUL) on the above -referenced location with the Essex County Registry of Deeds on March 10, 2008. Enclosed please find a copy of the recorded AUL. If you have any questions regarding the First Amended AUL, please call the undersigned at (508) 835- 8822. Sincerely, Corporate Environmental Advisors, Inc. Michael H. Cote Senior Hydrogeologist/Assistant PM cc: Massachusetts DEP, Northeast Regional Office Mr. Alex Steinbergh, Washington at Derby LLC www.cea-inc.com CORPORATE HEADQUARTERS: HARTWELL BUSINESS PARK • 121 HARTWELL STREET • WEST BOYLSTON, MA 01583 • PHONE: 508-835-8822 • FAX: 508-835-8812 Solutions Since 1985 OFFICES IN MASSACHUSETTS, CONNECTICUT, RHODE ISLAND & NEW HAMPSHIRE 1 .. '� IIIIIIIIIIIIIIIII'IIIIIIIIIIII�IIIIIIIIIIIIIII 2008031000544 Bk;17596 Pg; 109 03/10/2006 13:56:00 07HER g: 1 /18 RECEIVED MAR 2 S 2008 CITY OF SALEM BOARD OF HEALTH Form 1082B FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, & 6 and 310 CMR 40.0000 Disposal Site Name: Salem Evening News DEP Release Tracking No.(s): 3-10849 WHEREAS, a Notice of Activity and Use Limitation has been recorded with the Salem Essex Registry of Deeds in Book 25944 Page 417, and/or registered with the Land Registration Office of the Salem Registry District as Document No. 2006080100280. (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 parcel(s) 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 the terms of an Activity and Use Limitation Opinion ("AUL Opinion") dated July 25, 2006, signed and sealed by Mark Germano, holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to Massachusetts General Laws Chapter 21A, Sections 19-19J (the holder being referred to as "LSP") attached to the Notice of Activity and Use Limitation as Exhibit B 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 2 1 E and the MCP, has issued and signed an AUL Opinion, dated March 7, 2008, and filed with DEP at its Northeast Regional Office under Release Tracking No. 3-10849, attached hereto as Exhibit Band made apart hereof. 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; NOW THEREFORE, in accordance with M. G.L. c. 21 E and the MCP, the undersigned Washington at Derby LLC, of Somerville, Middlesex County, Massachusetts, being the owner of the Property pursuant to a deed (Exhibit C) and recorded with the Salem Essex Registry of Deeds in Book 27060 Page 496; hereby amends said Notice as follows: follows: follows: "Activities and Uses Inconsistent with the AUL Opinion", is amended to read as (i) Activities and/or uses which are likely to involve the removal and/or disturbance of the impacted soil located beneath the pavement or unpaved landscaped area, and/or otherwise on the property without prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i)and (ii) of this Notice; (ii) Excavation or relocation of impacted soil from beneath the pavement or unpaved landscaped area unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk; (iii) Activities and/or uses of the property for agricultural or recreational purposes or educational purposes involving a school or daycare; (iv) Any single familyresidence which allows fruits or vegetables for human consumption _ _or_accessible soil (less than 3 feet in unpaved areas). "Permitted Uses and Activities Set Forth in the AUL Opinion", is amended to read as (i) Activities and uses including, but not limited to, vehicular parking, pedestrian and vehicular traffic, which do not result in the disturbance of soil beneath the pavement and/or below ground in unpaved areas; Continuous asphalt pavement, concrete, or landscaped areas with at least a three foot layer of "clean soil' is necessary for the purposes of this AUL. "Clean soil' shall not contain any oil and/or hazardous materials (OHM) at levels exceeding MCP Reportable Category RCS -1 Reportable Concentrations. Any pavement placed on the property must be maintained. Annual inspections must be performed and documented; (ii) Activities and uses including commercial and industrial uses of the property; (iii) Activities and uses including residential, if the residences are multifamily apartments or condominiums, where any areas that are not protected by an impermeable barrier are covered by at least three feet of clean soil defined under subpart (i) of this section; (iv) Excavation associated with emergency or short term (five months or less) underground utility and/or construction work, provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan under the supervision of an LSP in accordance with Obligations (i) and (ii) of this Notice; and involves the repair and/or replacement (if applicable) of the pavement or concrete with a comparable barrier, and replacement of any disturbed landscaped areas with "clean soil' to a depth of at least three feet, immediately following the completion of the project; (v) Activities and uses which are not identified by this Notice as being inconsistent with maintaining a condition of No Significant Risk; and (vi) 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. In all other respects the provisions of said Notice remain unchanged. Washington at Derby LLC authorizes and consents to the filing and recordation/and or registration of this Second Amendment to Notice of Activity and Use Limitation, said Second 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 3d day ofd , 20 6� . ashmgton at Der. y L C COMMONWEALTH OF MASSACHUSETTS kg.*-�i 3 1200 K On this %v( day of Ny aVg 20 Oc5�- , befre me, the undersigned notary public, personally appeared 4ZQaG k1. 649 (name of document signer), proved to me .through satisfactory evidence of identification, which were Ca*rAv W6 kew'r "c -e to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. as Manager for Washington Street at Derby LLC , a corporation !� d Z (official signature and seal of notary) The undersigned LSP hereby certifies that he executed the AUL Opinion dated March 3. 2008 , filed with DEP at its Northeast Regional Office under Release T acking No. 3- 10849, attached hereto as Exhibit B and made a part hereof d that, in his Opt 0 , this Second Amendment to Notice of Activity and Use Limitation is co sist nth therewitl Date: 2008 COMMONWEALTH OF MASSACHUSETTS Worcester, ss Scott VanderSea [ LSP SEAL ] SCv3T r c V;`ANDER&EA— NO, 33?& 31.7 200 On this `I day of m a -e c k, , 2008, before me, the undersigned notary public, personally appeared S"itya m dr✓ SPcv (name of document signer), proved to me through satisfactory evidence of identification, which were a to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. as LSP for Corporate Environmental Advisors, Inc., a corporation (official signature and seal of notary) Upon recording, return to: MARIE LAHTI Corporate Environmental Advisors, Inc. ® Notary iWic 127 Hartwell Street COMMONWEAUH of MAssANUSErrs My commission Expires West Boylston, MA 01583 May 16, E014 Attn: Mike Cote EXHIBIT A Deed Description Four (4) certain parcels of land, together with the building thereon, situated in Salem, Essex County, Massachusetts, founded and described as follows: PARCELI WESTERLY by Washington Street, one hundred twenty-seven and 46/100 (127.46) feet; SOUTHERLY— -- --by-said Washington Street sixty-three hundredths (0.63 feet);— — - WESTERLY by said Washington Street, one hundred one and 73/100 (101.73) feet; NORTHWESTERLY by the junction. of said Washington Street and Front Street, eight and 00/100 (8.00 feet); NORTHERLY by said Front Street, seventy-two and 77/100 (72.77) feet; EASTERLY by land of Ida and Rose Solomon, as shown on a plan hereinafter mentioned, by three (3) courses measuring forty and 42/100 (40.42) feet, twenty-two and 03/100 (22.03) feet and twenty and 00/100 (20.00) feet, respectively; NORTHERLY by land of Solomon, as shown on said plan, thirteen and 00/100 (13.00 feet); EASTERLY by said land of Solomon; ninety-one and 67/100 (91.67) feet; SOUTHERLY by said land of Solomon, nine and 67/100 (9.67) feet; EASTERLY by said land of Solomon, seventy and 83/100 (70.83) feet; SOUTHERLY by land of Christos and Athanasia Stathopoulos, as shown on said plan, twenty and 50/100 (20.50) feet; EASTERLY by said land of Stathopoulos, twenty and 00/100 (20.00) feet; SOUTHERLY by New Derby Street, sixty-nine and 65/100 (69.65) feet; and SOUTHWESTERLY by the junction of said New Derby Street and said Washington Street, three and 82/100 (3.82) feet; containing 20,023 square feet, more or less, all bounds, distances, and areas in accordance with said plan, and being shown on a plan entitled "Plan of Land in Salem; Property of Goldberg Trusf', dated February 11, 1966, Essex Survey Service, recorded with Essex South District Registry of Deeds in Plan Book 106, Plan 28. PARCEL II SOUTHERLY by New Derby Street, thirty-three and 75/100 (33.75) feet; SOUTHWESTERLY by other land of the Salem News Publishing Company, twenty and 00/100 (20.00) feet; NORTHWESTERLY by other land of the Salem News Publishing Company, twenty and 50/100 (20.50) feet; SOUTHWESTERLY again, by other land of the Salem News Publishing Company, seventy and 85/100 (70.85) teet; NORTHWESTERLY again, by other land of the Salem News Publishing Company, nine and 67/100 (9.67) feet; SOUMWES1,LKLY again, by other land of the Salem News Publishing Company, thirty-one and 38/100 (31.38) feet; NORTHERLY by land now or formerly of the Salem Redevelopment Authority, being shown as Parcel RC -13A on a plan herema er mentioned, twenty-six and 23/100 (26.23) feet; EASTERLY by land now of formerly of said Salem Redevelopment Authority, being shown as Lot P-1 IA on said plan, sixty-two and 00/100 (62.00) feet; NORTHERLY by said Parcel P-1 ]A, seven and 00/100 (7.00) feet; and EASTERLY again, by said Parcel P -11A, seventy and 00/100 (70.00) feet; containing 3,409 square feet of land, according to said plan, and being shown as Parcel RC -13B on a plan entitled "Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem Redevelopment Authority, Salem, Mass.", Scale I" = 20", dated August 11, 1972, Whitman & Howard, Inc., Engineers and Architects, recorded with said Registry of Deeds in Plan Book 144, Plan 33. PARCEL III SOUTHERLY by Parcel RC -13B and Parcel P -11A, as shown on a plan hereinafter mentioned, thirty-eight and 23/100 (38.23) feet; SOUTHWESTERLY by land now or formerly of Salem News Publishing Company, sixty and 32/100 (60.32) feet; SOUTHERLY by said land of Salem News Publishing Company, thirteen and 00/100 (13.00) feet; SOUTHWESTERLY by other land of said Salem News Publishing Company, nineteen and 60/100 (19.60) feet; NORTHERLY by Parcel RC -13A, as shown on said plan, sixty-seven and 55/100 (67.55) feet; and EASTERLY by land now or formerly of City of Salem, seventy-six and 06/100 (76.06) feet; containing 3,812 square feet of land, according to said plan, and being shown as Parcel RC -13B1 on a plan entitled "Subdivision Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem Redevelopment Authority, Salem, Mass.", Scale 1" = 10', dated June 1, 1977, and recorded with said Registry of Deeds in Plan Book 144, Plan 33. PARCEL N NORTHERLY by Front Street on two (2) courses, nine and 96/100 (9.96) feet and sixty and 93/100 (60.93) feet, respectively; EASTERLY by land of the City of Salem, as shown on a plan hereinafter mentioned, sixty-five and 00/100 (65.00) feet; SOURTHERLY by Parcel RC -13B1, as shown on said plan, sixty seven and 55/100 (67.55) feet; WESTERLY by other land of Salem News Publishing Company, of three (3)— courses, forty-two hundredths (0.42) feet, twenty-two and 04/100 (22.04) feet, and forty and 67/100 (40.67) feet, respectively; containing 4,502 square feet of land, according to said plan, and being shown as Parcel RC -13A on a plan entitled "Subdivision Property Plan Project No, Mass. R-95, Heritage Plaza East, Salem Redevelopment Authority, Salem, Mass.", Scale 1" = 10', dated June 1, 1977, and recorded with said Registry of Deed sin Plan Book 144, Plan 33. LOBSTER SWNIY RESLPURNi! SHOPS TREE _ _ I i d w O I GRAVEL PARNMO AREA II N y BUILDING # 2 d (FORMER BUILDING LO TON) ;u 3 IPAVED DRNEMTY ti ra.. .' v•' n ,I 1 1111 m 1, ti UISTNO LOGON OF BUILDING # 1 SCALE 0 20 40 H. (vpRox.) W,4SHINOTON STREET BUILOMO Amendment to Activity and Use Limitation Opinion Commercial Property 155 Washington Street Salem, MA DEP RTN 3-10849 March 7, 2008 To Whom It May Concern: In accordance with the Amendment of a Notice of Activity and Use Limitation (AUL), a new AUL Opinion has been prepared to modify a previous opinion submitted to support an AUL dated July 25, 2006 for the above -referenced location. At the time of the recording of this AUL, the subject parcel and the surrounding -vicinity -are zoned for commercial (Central -Development) uses. As illustrated by Exhibit B attached hereto, the property is under construction and contains one building and building demolition/construction on the remaining portion. ORIGINAL AUL An AUL was submitted to the DEP dated March 8, 1995. The AUL indicated the permitted uses of the Site were: • Commercial or industrial building; • Paved parking areas; • Landscaped covers; • Short term intrusive activities such as limited construction excavations or utility maintenance work-, • Any other activities and uses which effectively limit the use of the property by children on a frequent basis or access to soils within three feet of the surface; and • 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 that the activities and uses set forth in this paragraph. The activities and uses inconsistent with the AUL Opinion included: • Any residential use, including vegetable gardens; • Any use where a child's frequency or intensity of use is considered high, such as a playground or school, and • Any use where an adult's frequency and intensity of use is considered high, and access to soils within three feet of the surface is likely, such as digging or recreational sports on a continuing basis. The obligations and conditions set forth in the AUL Opinion indicated: Maintenance or the impervious areas and/or landscaped areas, similar to existing conditions, to limit access to underlying soil. DEP AUL AUDIT The DEP conducted an audit of the AUL in an AUL Summary Compliance Review dated April 12, 2002. The findings of the compliance review indicated "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. The obligations and conditions section requires pavement, landscaping area and building foundation without specking these areas on a sketch or survey plan. The location of areas or structures that are necessary to maintain a level of No Significant Risk must be documented. To insure the maintenance of the pavement, landscaping and building, the locations of the structures and areas must be clearly located on a plan and referenced in the obligations section of the AUL. " An AUL Amendment was prepared by the previous owner of the property, Van Ness Development Corporation, dated August 1, 2006 and recorded with the registry of deeds to satisfy the requirements of the audit. The 2006 amendment included a site plan illustrating the building, pavements; and landscaping areas. - - — - SITE HISTORY The Site has been used as a commercial facility since the late 1800s. Occupants included shops, Salem Evening News, including printing areas, paint shops, restaurants, office areas, and storage sheds. The building along Washington Street (Building #1) was constructed in approximately 1874 (three story section) and in 1926 (two story section). The second building (#2) was constructed in 1926 and an addition in 1978. Other shops, restaurants, and painting buildings were present in the northeast and southeast property corners, and are now gone. Aboveground storage tanks were present at the Site and included a 5,000 -gallon fuel oil AST, 2,500 -gallon "ink" AST, a fuel oil storage tank of unknown volume, and a 1,000 -gallon fuel oil tank. The location of some of these tanks could not be confirmed through research. CEA was provided information from the current owner of the Edgewater Caf6 that a past employee of the Salem News indicated a chemical storage area was beneath the northern end of Building #2. No other information was.available. Assessment reports were reviewed for the Site, which included the following: • A Site Assessment and Cleanup Recommendations Report dated November 26, 1986, prepared by Hidell-Eyster Technical Services, Inc.; • A Groundwater Analytical Report dated November 6, 1986, prepared by Certified Engineering and Testing, Inc.; • A RAM Plan for Release Tracking Number (RTN) 3-0903, dated September 1994, prepared by Haley and Aldrich, Inc.; • A RAM Completion Report and Response Action Outcome (RAO) Statement dated January 27, 1995 prepared by Haley and Aldrich, Inc.; and • An RAO dated March 20, 1995, prepared by Haley and Aldrich, Inc. 1986 Assessment A Site Assessment and Cleanup Recommendations Report dated November 26, 1986 was prepared for the Site. The report indicated a loss of fuel oil from an aboveground storage tank (AST) located inside a vault (Building #2) during the summer of 1986. Product was noted directly beneath the tank during assessment, but not in soil or groundwater directly adjacent to the AST. Borings (B-2 through B-8) advanced around the AST and completed as groundwater monitoring wells indicated contamination in groundwater from well B-4 (total petroleum hydrocarbons by 418.1) at a concentration of 2.8 mg/1. A groundwater analytical report dated November 6, 1986 was reviewed for a groundwater sample collected from well B-8. The report indicated the absence (above 1 mg/1) of TPH. Release Abatement Measure (RAM) Plan A RAM Plan for Release Tracking Number (RTN) 3-0903, dated September 1994 was submitted to the DEP to remove the AST located beneath Building #2 and excavate impacted soil from beneath and around the tank. The RAM Plan indicated the following: • A subsurface assessment was completed in June 1994. The assessment indicated TPH was detected in groundwater collected from wells B-2, B4, B-5, and B-8 above background concentrations, but below 1994 applicable DEP reportable limits. • In August 1994, two additional borings were advanced (B201 and B202) to evaluate soil quality beneath the AST and a "blackened contaminated soil' near B-2. Soil from beneath the AST was found to be contaminated with "diesel fuel' at concentrations of 1,500 ppm and 6,900 ppm. The sample from B201 did not contain hydrocarbons above laboratory detection limits. • The RAM Plan proposed the removal of the AST and surrounding impacted soil. RAM Completion Report and RAO Statement A RAM Completion Report and Response Action Outcome (RAO) Statement dated January 27, 1995 was reviewed for the Site. The RAM Completion Report indicated the following: • In October 1994 a 5,000 -gallon fuel oil AST, located inside a concrete vault beneath Building #2 was removed; • Approximately 18 cubic yards of contaminated soil was excavated to a depth of approximately five feet below the AST; • Five soil samples (CS001 through CS005) were analyzed for TPH; and • TPH concentrations ranged between non -detect levels and 59 mg/kg. An RAO included in the above submittal for RTN 3-0903, indicated the following: • A Method 2 Risk Characterization (M2RC) was conducted which indicated compounds of concern pose "No Significant Risk of harm to human health, public welfare, safety, and the environment; and • Based on the information provided, the Site meets the requirements of a Class A-2 RAO. Response Action Outcome Statement An RAO dated March 20, 1995 was prepared for the Site for RTN 3-10849. The RAO was submitted as a result of lead detected in soil around Building #2 above DEP reportable levels. The original Release Notification Form (RNF) was not found during review of available information. The lead was detected in soil excavated during removal of a vaulted fuel oil AST from the Site. The RAO indicated the following: • Six soil samples (B95-1 through B95-6) were analyzed for total lead. The results indicated lead was present between 4 mg/kg and 1,730 mg/kg; • Groundwater samples collected from B-2 through B-5, and B-8 indicated dissolved lead was not detected above the laboratory method detection limit; • The disposal site boundaries were identified as the property boundaries because there was no single source of lead, which was thought to be related to the artificial fill; • Based on the above information, a risk characterization indicated a risk exists from the lead in soil only if the Site is used as a residence; and • An Activity and Use Limitation (AUL) was prepared and submitted for the Site to limit the use of the Site as a residence. REASON FOR ACTIVITY AND USE LIMITATION Lead testing was conducted on soil samples collected from the Site, which indicated concentrations ranged between 4 mg/kg and 1,730 mg/kg, and at depths ranging between 1 foot and 17 feet bgs. The exact source of the lead was not confirmed during previous assessment activities, but was thought to be a characteristic of an artificial fill. This fill was observed during previous assessment activities at depths ranging between 7.5 and 15 feet bgs. The fill is characteristic of the down town Salem area and is comprised of foreign debris. The AUL is necessarybecause the lead concentrations exceed applicable MCP Method 1 Risk Characterization (M1RC) S-I/GW-2 and GW -3 standards. Groundwater was found to be absent of dissolved lead above laboratory method detection limits. Based on the above, a level of No Significant Risk is not supported for future unrestricted activities and uses of the property. In order to maintain a level of No Significant Risk for future site activities and uses, an AUL is necessary to ensure that the soil material remains inaccessible and the exposure pathways incomplete. Activities which may result in the disturbance of the soil must also be restricted in order to prevent exposures, which may pose a Significant Risk to sensitive receptors. PERMITTED USES AND ACTIVITIES (i) Activities and uses including, but not limited to, vehicular parking, pedestrian and vehicular traffic, which do not result in the disturbance of soil beneath the pavement and/or below ground in unpaved areas; Continuous asphalt pavement, concrete, or landscaped areas with at least a three foot layer of "clean soil' is necessary for the purposes of this AUL. "Clean soil' shall not contain any oil and/or hazardous materials (OHM) at concentrations exceeding MCP Reportable Category RCS -1. Any pavement placed on the property must be maintained. Annual inspections must be performed and documented; (ii) Activities and uses including commercial and industrial uses of the property; (iii) Activities and uses including residential, if the residences are multifamily apartments or condominiums, where any areas that are not protected by an impermeable barrier are covered by at least three feet of clean soil defined under item (i) of this section; (iv) Excavation associated with emergency or short term (five months or less) underground utility and/or construction work, provided it is conducted in accordance with a Soil Management Plan and a Healih and Safety Plan under the supervision of an LSP in accordance with Obligations (i) and (ii) of this Notice; and involves the repair and/or replacement (if applicable) of the pavement or concrete with a comparable barrier, and replacement of any disturbed landscaped areas with "clean soil' to a depth of at least three feet, immediately following the completion of the project; (v) Activities and uses which are not identified by this Notice as being inconsistent with maintaining a condition of No Significant Risk- and (vi) 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. RESTRICTED USES AND ACTIVITIES (i) Activities and/or uses which are likely to involve the removal and/or disturbance of the impacted soil located beneath the pavement or unpaved landscaped area, and/or otherwise on the property without prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i)and (ii) of this Notice; (ii) Excavation or relocation of impacted soil from beneath the pavement or unpaved landscaped area unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk; (iii) Activities and/or uses of the property for agricultural or recreational purposes or educational purposes involving a school or daycare; (iv) Any single family residence which allows fruits or vegetables for human_ consumption or _ accessible soil (less than 3 feet in unpaved areas). OBLIGATIONS AND CONDITIONS (i) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity that is likely to disturb the lead impacted soil located beneath the pavement and/or in unpaved landscaped areas. The Soil Management Plan must be prepared in accordance the guidelines discussed in the Activity and Use Limitation Opinion; (ii) A Health and Safety Plan must be prepared and implemented in accordance with the guidelines discussed in the Activity and Use Limitation Opinion prior to the commencement of any activity which involves the removal and/or disturbance of the underlying impacted soil; (iii) Semi-annual inspections and associated record-keeping activities must be performed to confirm that the pavement and landscaped areas are being properly maintained to prevent exposure(s) to impacted soil located within the AUL area. Please contact Scott VanderSea, L.S.P., Principal Hydrogeologist at Corporate Environmental Advisors, Inc., 127 Hartwell Street, West Boylston, Massachusetts or the undersigned wi questions related to the AUL Opinion or attached documents. LSP Mav- ?t COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B Lowell Street, Wilmington, MA 01887 • (978) 694.3200 DEVAL L. PATRICK IAN A. BOWLES Governor Secretary TIMOTHY P. MURRAY LAURIE BURT Lieutenant Governor ,T tE5-y/ Commissioner Washington at Derby LLC 17 Ivaloo Street Suite 100 Somerville, MA 02143 Attention: Mr. Alex Steinbergh January 25, 2008 RE: Salem Washington Street R - NOTICE OF RESPONSIBILITY PER M.G.L. c.21E & 310 CMR 40.0000, the MCP THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Mr. Steinbergh: Information contained in a Release Notification Form (RNF) submitted to the Massachusetts Department of Environmental Protection (MassDEP) on November 19, 2007 and submitted by Washington at Derby LLC indicates that there is or has been a release of oil and/or hazardous material at the above -referenced property which exceeds a "120 day" reporting threshold (310 CMR 40.0315) and which requires one or more response actions. Based on this information, MassDEP has reason to believe that the subject property or portion(s) thereof is a disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21 E, and the Massachusetts Contingency Plan, 310 CMR 40.0000 (the MCP). M.G.L. c. 21E and the MCP govern the assessment and cleanup of disposal sites. The purpose of this notice is to inform you of your legal responsibilities under state law for assessing and/or remediating the subject release. For purposes of this notice, the terms and phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates otherwise. This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD Service- 1-800-298-2207. http://W Ww.mms.gov/dep • Fax (978) 694-3499 0 Printed on Recycled Paper Washington at Derby LLC Page -2:- STATUTORY LIABILITIES MassDEP has reason to believe that you (as used in this letter, "you" refers to Washington at Derby LLC) are a Potentially Responsible Party (a PRP) with liability under M.G.L. c. 21 E, § 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous material was stored or disposed of; any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport, disposal, storage or treatment site from which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. This liability is "strict", meaning it is not based on fault, but solely on your status as an owner, operator, generator, transporter or disposer. It is also joint and several, meaning that you may be liable for all response action costs incurred at the site, regardless of the existence of any other liable parties. The MCP requires responsible parties to take necessary response actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, MassDEP is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such actions, you can avoid liability for response action costs incurred by MassDEP and its contractors in performing these actions, and sanctions, which may be imposed for failure to perform response actions under the MCP. You may be liable for up to three (3) times all response action costs incurred by MassDEP. Response action costs include, without limitation, the cost of direct hours spent by MassDEP employees arranging for response actions or overseeing work performed by persons other than MassDEP or its contractors, expenses incurred by MassDEP in support of those direct hours, and payments to MassDEP's contractors. (For more detail on cost liability, see 310 CMR 40.1200.) MassDEP may also assess interest on costs incurred at the rate of twelve percent (12%), compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your liability for up to three (3) times all response action costs incurred by MassDEP, you may also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c. 21 E, § 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21 E, the MCP, or any order, permit or approval issued thereunder. NECESSARY RESPONSE ACTIONS The subject site shall not be deemed to have all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21 E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal Washington at Derby LLC Page -3- sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify MassDEP immediately if such a need exists. MassDEP has determined that initial site investigation activities, in accordance with 310 CMR 40.0405, are necessary. In addition, unless an RAO is submitted earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to MassDEP within one year of the initial date notice of a release is provided to MassDEP pursuant to 310 CMR 40.0300 or from the date MassDEP issues a Notice of Responsibility (NOR), whichever occurs earlier. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of MassDEP, the signature of an authorized representative of MassDEP. MassDEP encourages parties with liabilities under M.G.L. c. 21 E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. If you have any questions relative to this notice, you should contact Joanne Fagan at the letterhead address or (978) 694-3390. All future communications regarding this release must reference the Release Tracking Number (RTN) 3-27269 contained in the subject block of this letter. Very truly yours, Joanne Fagan Section Chief, Brownfields/Permits Bureau of Waste Site Cleanup cc: Board of Health, City of Salem, Joanne Scott "via electronic submittal", jscottscott@salem.com MassDEP database (NOR / Issued) COLER & COLANTONIO z ENGINEERS ANO SCIENTISTS August 2, 2006 Ms. Christina Harrington Town of Salem, Board of Health 93 Washington Street Salem, MA 01970 RE: Notice of Activity and Use Limitation 155 Washington Street Salem, Massachusetts RTN 3-10849 Dear Ms. Harrington: a,IJG o a 20 06 CITY OF SALEM BOARD OF HEALTH In accordance with the Massachusetts Contingency Plan (MCP) 310 CMR 40.1403, Coler & Colantonio, Inc. (C&C) is notifying you, as the Chair of the Board of Health, that a notice of an Activity and Use Limitation (AUL) has been implemented on a portion of the above -referenced properties. The AUL was recorded in Book 25944, Page 417 at the South Essex County Registry of Deeds on August 1, 2006. Residual contaminant concentrations in soil and groundwater have not been reduced to below regulatory standards. Since analytical results are not below applicable standards, an AUL is necessary to maintain a level of No Significant Risk. A copy of the Activity and Use Limitation will be submitted to the Department of Environmental Protection in NERO DEP Boston, Massachusetts by August 4, 2006. Additionally, a legal advertisement indicating the implementation of the AUL will be published in the August 5, 2006 edition of the Salem News. The forms will be available for public review at the DEP after that time. A copy of the forms can be provided to the your office or other interested parties upon request to Coler & Colantonio, Inc. Sincerely, COLER & COLANTONIO, INC. Pte. Paul Cinquegr.ano Project Engineer 101 Accord Park Drive 781 982-5400 Norwell, MA 02061-1685 Fax: 781 982-5490 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B Lowell Street, Wilmington, MA 01887 � (978) 694-3200 MITT ROMNEY STEPHEN PRITCHARD Governor Secretary KERRY HEALEY - ROBERT W. GOLLEDGE. Jr. Lieutenant Governor Commissioner Certified Mail 7005 1820 0003 9453 1279 Salem News Publishing Company 32 Dunham Road Beverly, MA 01915 Attn: Mr. Kenneth Newbegin Dear Mr. Newbegin: March 20, 2006 Re: Salem -155 Washington Street RTN 3-10849 NON -NE -06-3A051 NOTICE OF AUDIT FINDINGS FILE REVIEW AUDIT AUL AUDIT INSPECTION NOTICE OF NONCOMPLIANCE The Massachusetts Department of Environmental Protection (the Department or MassDEP) has conducted an audit of an Activity and Use Limitation (AUL) filed for the subject site. The audit consisted of a file review and an AUL Audit Inspection. The purpose of the audit was to determine if corrective actions previously required by the MassDEP in an April 12, 2002 letter had been taken and to inspect the area subject to the AUL. This notice informs you of the results of the MassDEP's audit. AUL AUDIT INSPECTION On March 9, 2006, the MassDEP inspected the AUL area. The inspection focused on whether site activities and uses were consistent with the terms and conditions of the AUL and whether obligations and conditions required to maintain a condition of No Significant Risk were being met. Based upon the inspection, the MassDEP has determined that no violations of the requirements applicable to the AUL at the site have been identified. A copy of the MassDEP's AUL Field Screening Form is attached. FILE REVIEW AUDIT The MassDEP reviewed information within MassDEP files to determine if the Interim Deadline established in the April 12, 2002 letter had been met. Based upon a review of the file, the MassDEP has determined that the Interim Deadline has not been met. This information is available in alternate format. Call Aprel McCabe, ADA Coordinator at 1-617-556-1171. 205B Lowell Street, Wilmington, MA 01887 { Phone (978) 694-3200 � Fax (978) 694-3499 { TTD# (800) 298-2207 DEP on the World Wide Web: http://w .mass.gov/dep C) Printed on Recycled Paper RTN 3-10849 2 155 Washington Street, Salem DETERMINATION Based upon your failure to comply with the Interim Deadline established in the April 12, 2002 letter, the MassDEP has determined that a violation of M.G.L. Chapter 21E and the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000) has occurred. The activity that is in noncompliance and the actions the MassDEP wants you to take to come into compliance are described in the attached Notice of Noncompliance (Attachment A). The Notice of Noncompliance describes: (1) each activity identified during the audit which is in noncompliance; (2) the requirements violated; (3) the action the MassDEP now wants you to take to come into compliance; and (4) the deadline for taking such action. POST AUDIT COMPLETION STATEMENT REQUIRED You do not need MassDEP approval to take the actions specified. However, to avoid further enforcement actions, you must correct the AUL violation and submit a Post -Audit Completion Statement in accordance with 310 CMR 40.1170 to the attention of Peter Richards. A copy of the Post Audit Completion Statement (BWSC-111) can be found at littp://www.state.ma.us/dep/bwsc/'files/forms/trforn)s.htm. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Wesley Stimpson (LSP #2332), the LSP -of -Record for the Disposal site. Please note that you, not your LSP, are responsible for responding to this Notice of Noncompliance and correcting the AUL violation identified. LIMITATIONS & RESERVATION OF RIGHTS The MassDEP'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; or (4) limit the MassDEP's authority to take or arrange or to require any Responsible Party or Potentially Responsible Party to perform any response action authorized by M.G.L. c. 21E, which the MassDEP deems necessary to protect health, safety, public welfare or the environment. KTN 3-10849 155 Washington Street, Salem If you have any questions regarding this letter or any requirements contained in it, please contact Peter Richards at (978) 694-3361. Please reference Release Tracking Number 3-10849 and Enforcement Tracking Number NON -NE -06-3A051 in any future correspondence to the MassDEP regarding the site. Sincerely, Stephen M. Johnson Acting Deputy Regional Director Bureau of Waste Site Cleanup Attachments: Notice of Noncompliance cc: Salem Mayor's Office (e -copy) Salem Board of Health (e -copy) Wesley Stimpson, LSP #2332 (e -copy) Van Ness Development Corp., c/o Simsbury Associates, 14 Storrs Ave., Braintree, MA 02184 Thomas Potter, Boston, e -copy NERO/Data Entry: AUL/SNAUDI, 03/09/06 (Richards) AUDCOM/NOAFNON RTN 3-10849 155 Washington Street, Salem Attachment A NOTICE OF NONCOMPLIANCE RTN 3-10849 ENTITY IN NONCOMPLIANCE The Salem News Publishing Company LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED 155 Washington Street, Salem, Massachusetts DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED On or about October 12, 2002, the Interim Deadline established by the MassDEP in an RAO Screening Review letter dated April 12, 2002. DESCRIPTION OF NONCOMPLIANCE Violation of 310 CMR 40.0167(1) Pursuant to 310 CMR 40.0167(1), "The Department may establish and enforce reasonable Interim Deadlines consistent with M.G.L. c. 21E and 310 CMR 40.0000 for the performance of response actions, and the furnishing of information and provision of access to documents and other information to DEP, including, but not limited to, deadlines for compliance with Requests for Information, applicable orders, permits and other requirements." MassDEP's April 12, 2002 AUL summary compliance letter identified the following error in the AUL that required correction. 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. The obligations and conditions section requires pavement, landscaped areas and building foundation without identifying these areas on a sketch or survey plan. The location of areas or structures that are necessary to maintain a level of No Significant Risk must be documented. To ensure the maintenance of the pavement, landscaping and building, the locations of the structures and areas must be clearly located on a plan. In correspondence dated April 12, 2002, the MassDEP established an Interim Deadline for the submission of documentation confirming that an AUL error identified during an audit had been corrected. No such documentation has been provided to the MassDEP to date. ACTIONS TO BE TAKEN AND DEADLINE TAKING SUCH ACTIONS Corrective actions are required regarding the violation cited above. To correct the violation, within 90 days of the date of this notice, you must terminate the existing Notice of Activity and RTN 3-10849 155 Washington Street, Salem Use Limitation and implement a new one using DEP form 1084C. A revised sketch plan may be attached to the new Notice of Activity and Use Limitation. Copies of the forms and instructions are available online at http://W-\7,-W.mass.(,YOV/dep/eleiiiup/permitsa.htm. Alternatively, you may terminate the AUL and submit a new RAO Statement 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). If you fail to correct the violation identified and provide documentation of such action to the MassDEP, you may be subject to enforcement action by the MassDEP. The MassDEP may conduct a follow-up audit to determine whether the required actions have been taken. If the MassDEP finds that the violation has not been corrected, then the MassDEP may issue a Notice of Intent to Assess a Civil Administrative Penalty (PAN), administrative enforcement order, Notice of Responsibility (NOR), Notice of Intent to take response Action (NORA), Administrative Consent Order, Unilateral Order, or seek a Judicial Judgment, as appropriate. You may also be subject to cost recovery under 310 CMR 40.1200 for failure to perform response actions at the disposal site. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston — Northeast Regional Office JANE SWIFT Governor CITY OF SALEM BOARD OF HEALTH The Salem News Publishing Company 155 Washington Street Salem, MA: Attn: Kenneth Newbegin Dear Mr. Newbegin: Re: Salem -155 Washington Street RTN 3-10849 Response Action Outcome Activity and Use Limitation Interim Deadline RAO SCREENING REVIEW AUL SUMMARY COMPLIANCE REVIEW BOB DURAND Secretary LAUREN A. LISS Commissioner On March 15, 1995, the Department of Environmental Protection (the Department) received a Class B -2 -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 2 1 E 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 hLtp://www.state.ma.us/depAbwsc/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 a Phone (978) 661-7600 • Fax (978) 661-7615 a TTD# (978) 661-7679 0 Printed on Recycled Paper Salem, RTN 3-10849 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: 1. 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. The obligations and conditions section requires pavement, landscaped areas and building foundation without identifying these areas on a sketch or survey plan. The location of areas or structures that are necessary to maintain a level of No Significant Risk must be documented. To ensure the maintenance of the pavement, landscaping and building, the locations of the structures and areas must be clearly located on a plan and referenced in the obligations section of the AUL. 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 1145. 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. 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, hU://www.state.ma.us./dep/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. Salem, RTN 3-10849 POST AUDIT COMPLETION STATEMENT REQUIRED When the AUL Errors are 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 Wesley Stimpson, LSP #2332, 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. 21 E, 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 WG.L. c. 211, 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 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: PDeering/P:/AULLeners/3-10849 RAO&AULScnLetter ,Salem, RTN 3-10849 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 Chief Municipal Officer Salem Health Department Salem Zoning Code Enforcement Official Salem Building Inspector Wesley Stimpson, LSP -of -Record (LSP #2332) 94 Canterbury Court, Carlisle, MA 01741 Thomas M. Potter, Audit Coordinator, DEP-Boston NERO/Data Entry/RAO/TSAUD HALEY & ALD RICH INC. 20 March 1995 File No. 11358-042 Neil J. Harrington, Mayor 93 Washington Street Salem, Massachusetts 01970 Joanne Scott Salem Health Department 9 North Street Salem, Massachusetts 01970 Subject: Notification of Response Action Outcomes Salem Evening News t155TW astSington_Stre&. Salem, Massachusetts DEP RTN 3-903 and 3-10849 Ladies & Gentlemen: U� MAR 2.2 1995 CITY OF DEP f. Geotechnical Engineers & Environmental Consultants This formal notification to you is required pursuant to the provisions of the Massachusetts Contingency Plan (MCP). Two Response Action Outcome Statements and accompanying reports have been submitted to the Department of Environmental Protection (DEP) for the removal and off-site disposal of a vaulted fuel oil storage tank and associated oil contaminated soils, and presence of lead in the soils at the Salem Evening News property 155, Washington Street, Salem, Massachusetts. Copies of the reports are available at the DEP. The presence of the lead in the soils at the site required the application of an Activity and Use Limitation. A copy of the documents which were filed at the Registry of Deeds are attached. If you have any questions please do not hesitate to give us a call. Sincerely, HALEY & ALDRICH, INC. A ow� V4 Maureen Hill Collins Senior Environmental Geologist c: Department of Environmental Protection Salem Zoning Board Salem Building Department Jack McElhinney, Ropes & Gray Ken Newbegin, Salem Evening News F:\11358\042\notfyrao.wpf 58 Charles Street Cambridge, MA 02141-2147 Offices Scarborough, Maine Rochester, New York Tel: 617/494-1606 Denver, Colorado Silver Spring, Maryland Cleveland, Ohio Fax: 617/577-8142 Glastonbury, Connecticut Bedford, New Hampshire m;rtmon,�imwre,. Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, §6 and 310 CMR 40.0000 Disposal Site Name: Salem Evening News, 155 Washington Street, Salem, MA DEP Release Tracking No: 3-10849 This Notice of Activity and Use Limitation ("Notice") is made as of the 8th day of March, 1995, by Salem New Publishing Co., together with its successors and assigns, (collectively "Owner"). WITNESSETH: WHEREAS, The Salem News Publishing Company, of Essex County, Massachusetts, is the owner in fee simple of [that][those] certain parcel(s) of land located in Salem, Essex County, Massachusetts, with the buildings and improvements thereon, ("Property"); WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A, attached hereto 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 South County Registry of in Plan Book 106, Plan 28 and Plan Book 144, Plan 33; WHEREAS, the Property constitutes a disposal site as the result of a release of oil and/or hazardous material; WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c.21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on, through, over or under the Property. The basis for such restrictions are set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated 7 March 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 (If 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. Commercial or industrial building; 2. Paved parking area; 3. Landscape covers; Form 1075 RTN 3-10849 Page 2 4. Short term intrusive activities such as limited construction excavations or utility maintenance work; 5. Any other activities and uses which effectively limit the use of the property by children on a frequent basis or access to soils within three feet of the surface; and 6. 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. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the AUL Opinioh, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment, unless appropriate precautions are taken, are as follows: Any residential use, .including vegetables gardens; 2. Any use where a child's frequency or intensity of use is considered high, such as a playground or school; and 3. Any use where an adult's frequency and intensity of use is considered high, and access to soils within three feet of the surface is likley, such as digging or recreational sports on a continuing basis. 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 include the following: L. - Maintenance of the impervious areas and/or landscaped areas, similar to existing conditions, to limit access to underlying soils; 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of, exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et. seg., 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. Form 1075 RTN 3-10849 Page 3 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 etetseg., 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. sea., 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. t, 6. Incorporation Into Deeds, Mortv_aQes_ 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 this Notice to become effective when executed and sealed by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). WITNESS the execution hereof under seal this 0_ day of 3 , 19jr y -f . Owner COMMONWEALTH OF MASSACHUSETTS ss hu""A 8 19 9s Then personally appeared the above named {, an�acknowied ed the foregoing ACJ � n g g g New to be —'114free act and deed before me, l�j2c,� Tj( L N tarry Public My Commission Expires: My Commission Expires dune 23, 2000 Form 1075 RTN 3-10849 Page 4 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 terms set forth in said Activity and Use Limitation Opinion. Ik&JA AA4 tH Or %'�sqC� v Date: 3 C s �� VIBSLEY LSP [LSP SEAL] E. SLA.PSOtj 9 No. 23334 COMMONWEALTH OF MASSACHUSETTS ss 19� Then personally appeared the above namek" an4 ackn ledged the foregoing to be c� free act and deed before me, (/ / My Commission Expires F:\11358\042\form1075.wpf i617 /��/95� EXHIBITA four (4) certain parcels of land, together with the buildings thereon, situated in Salem, Essex and described County, Massachusetts, as follows: bounded PARCE7� I _ WESTERLY by Washington Street, one hundred twenty-seven and 46/100 (127.46) feet; SOUTHERLY by said Washington Street, sixty-three hundredths (0.63) feet; WESTERLY by said Washington Street, one hundred one and 73/100 (101.73) feet; NORTHWESTERLY by the junction of said Washington Street and Front NORTHERLY Street, eight and 00/100 (8.00) feet; by said Front Street, seventy-two and 77/100 (72.77) feet; EASTERLY by land of Ida and Rose Solomon, as shown on a plan hereinafter mentioned, by three courses measuring forty and 42/100 (40.42) feet, twenty-two and 03/100 (22.03) feet, and twenty and 00/100 (20.00) feet, respectively; NORTHERLY by land of Solomon, as shown on said plan, thirteen and 00/100 (13.00) feet; EASTERLY by said land of Solomon, ninety-one and 67/100 (91.67) feet; SOUTHERLY by said land of Solomon, nine and 67/100 (9.67) feet, EASTERLY by said land of Solomon, seventy and 83/100 (70.83) feet; SOUTHERLY by land of Christos and Athanasia Stathopoulos, as EASTERLY shown on said plan, twenty and 50/100 (20.50) feet; by said land of Stathopoulos, twenty and 00/100 (20.00) feet; SOUTHERLY by New Derby Street, sixty-nine and 65/100 (69.`65) feet; and SOUTHWESTERLY by the junction of said New_Derby Street and said Washington Street, three and 82/100 (3.82) feet; containing 20,023 square feet, more or less, all bounds, distances, and areas in accordance with said plan, and being shown on a plan entitled "Plan of Land in Salem; Property February 11, 1966, of Goldberg Trust", dated Essex Survey Service, recorded with Essex South District Registry of Deeds in Plan Book 106, Plan 28. 03/06/95 MON 17:56 FAX 508 741 4685 SERAFINI&DARLING IM 003 PAR EL II SOUTHERLY by New Derby Street, thirty-three and 75/100 (33.75) feet; SOUTHWESTERLY by other land of the Salem News Publishing company,. twenty NOIftWESTERLY oo/loo Ne feet; by other land of the 2 Salem s Company, SOUTHWESTERLY twenty again, d bytherO land ) of the Salem News Publishing and as/loo ( CompaNORTHWESTERLY again, by other land 1 nd of theSalem)NewstPublishing nine CompaSOUTHWESTERLY 1 y other land of the Salem News Publishing again, by , NORTHERLY Company, thirty-one and 38/100 (31.38) feet; by land now or formerly of the Salem Redevelopment Authority, being shown as Parcel RC -13A on a plan hereinafter mentioned, twenty-six and 23/100 feet; (26.2.3) EASTERLY by land now or formerly of said Salem Redevelopment Authority, being shown as Lot P -11A on said plan, sixty-two and o0/l00 (62.00) feet; NORTHERLY by said Parcel P -11A, seven and 00/100 (7.00) feet; and EASTERLY again, by said Parcel P -11A, seventy and 00/100 (70.00) feet; containing 3,409 square feet of land, according to said plan, and being shown as Parcel RC -1313 on a plan entitled "Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem Redevelopment Authority, Salm, Mass.", Scale 1"=201, dated August 11, 1972, Whitman & Howard, Inc., Engineers and Architects, recorded with said Registry of Deeds in Plan Book 144, Plan 33. SOUTHERLY by Parcel RC -13B and Parcel P -11A, as shown on a Plan hereinafter mentioned, thirty-eight and 23/100 (38.23) feet; SOUTHWESTERLY by land now or,formerly of Salem News Publishing Company, sixty and 32/100 (60.32) feet; SOUTHERLY by said land of Salem News Publishing Company, thirteen and 00/100 (13.00) feet; SOUTHWESTERLY by other land of said Salem News Publishing company, nineteen and 60/100 (19.60) feet; NORTHERLY by Parcel RC -13A, as shown on said plan, sixty- seven and 55/100 (67.55) feet; and EASTERLY by land now or formerly of City of Salem, seventy- six and 6/100 (76.06) feet; 05/08/95 MON 17:58 FAX 508 741 4883 SERAFINI&DARLING containing 3,812 square feet of land, a being shown as Parcel RC -1381 on a Property Plan Project No. Mass. R-95, Redevelopment Authority, Salem, Mass.", 1, 1977, and recorded with said Registry Plan 33. 9. ccording to said plan, and plan entitled "Subdivision Heritage Plaza East, Salem Scale 1"=1oll dated June of Deeds in Plan Book 144, NORTHERLY by Front Street, on two (2) courses, nine and 96/100 (9.96) feet and sixty and 93/100 (60.93) feet, respectively; EASTERLY by land of the City of Salem, as shown on a plan hereinafter mentioned, sixty-five and 00/loo (65.00) feet; SOUTHERLY by Parcel RC -13B1, as shown on said plan, sixty- seven and 55/100 (67.55) feet; WESTERLY by other land of Salem News Publishing Company, on three (3) courses, forty-two hundredths (0.42) feet, twenty-two and 4/100 (22.04) feet, and forty and 67/100 (40.67) feet, respectively; containing 4,502 square feet of land, a being shown as Parcel RC -13A on a p Property Plan Project No. Mass. R-95, Redevelopment Authority, Salem, Mass.,,, 11 1977,_ and recorded with said Registry Plan 33. ccording to said plan, and lan entitled "Subdivision Heritage Plaza East, Salem Scale 1"=10', dated June of Deeds in Plan Book 144, Q 004 EXHIBIT B ACTIVITY AND USE LIMITATION OPINION Salem Evening News 155 W41hington Street Salem, -Massachusetts RTN 3-10849 In accordance with 310 CMR 40.1056(2)(8) and 40.1074, this document constitutes an Activity and Use Limitation Opinion (AUL Opinion) for the Salem Evening News Property at 155 Washington Street, Salem, Massachusetts, DEP Release Tracking No (RTN) 3-10849. This AUL Opinion is submitted in support of a Class B-2 Response Action Outcome Statement (RAO), dated 8 March 1995 and associated DEP Form 1075, "Notice of Activity and Use Limitation", dated 8 March 1995 for the lead in the fill and natural soils at the site. Section 40.1074 of the Massachusetts Contingency Plan (MCP) regdires an Activity and Use Limitation Opinion to provide: 0 Reasons that a Notice of Activity and Use Limitation is appropriate to achieve or maintain a level of No Significant Risk; 0 Site activities and uses to be prohibited and/or limited; 0 Site activities and uses to be permitted; and 0 Obligations and conditions necessary to maintain a level of No Significant Risk. These requirements are discussed in the following paragraphs. Disposal Site Description Lead was detected within the fill and natural soils at the 155 Washington Street property, in Salem,.., Massachusetts. No release of lead to the environment has been identified that may be the source of the lead detected in the fill and natural soils.- The Activity and Use Limitation pertains to entire property as described in Exhibit A. Basis of Activity and Use Limitation Elevated concentrations of lead were detected in the fill and natural soils across the site. Because of the distribution across the site, the lead is believed to have been present in miscellanous materials contained in the fill when deposited and not a result of releases from the site. Haley & Aldrich, Inc. conducted a Method 1 Risk Characterization for the lead at the site in accordance with the requirements set forth in 310 CMR 40.0970 (1) of'the revised Massachusetts Contingency Plan (MCP). The site is currently used as the publishing offices of the Salem Evening News, a newspaper. Future plans for the site remain the same. Based on the available soil and groundwater data, the levels of Activity and Use Limitation Opinion RTN 3-10849 Page 2 lead present in groundwater and soil at the site and in the surficial soil are lower than the applicable Method -4 standards for groundwater and soil, respectively, and are not considered to present a "Significant Risk" of harm to human health, public welfare, and the environment, under both current and future foreseeable site uses and activities. However, exposure point concentrations for lead in fill material and natural soil exceed the Method 1 S-1/GW-2 and S-1/GW-3 soil standards. Therefore, if the site use changes to residential use, or other use with an S-1 standard, a condition of "Significant Risk" of harm to human health, public welfare, and the environment exists. This Activity and Use Limitation has been developed to control potential future exposure scenarios to provide a condition of "No Significant Risk". Prohibited Uses Exposure point concentrations for lead in fill material and natural sdil exceed the Method 1 S-1/GW-2 and S-1/GW-3 soil standards. Therefore, uses which fall into category S-1 such as residential use, vegetable gardens, areas where a child's frequency or intensity of use is considered high (playground or school), or where an adults frequency and intensity of use is considered high (digging or recreations sports on a continuing basis) is prohibited without further consideration of risk. Permitted Uses Use of the site in its current or similar state (parking and landscaped areas, and a commercial or industrial building) will be permitted. Short term intrusive activities such as limited construction excavations or utility maintenance work will also be permitted. Obligations The focus of future obligations to maintain a level of No Significant Risk should be directed toward maintaining the site with landscape treatments, pavement or a building. Obligation and conditions necessary to maintain a level of no significant risk include the following: o Maintenance of building, paved areas, and/or landscaped areas to limit access to underlying soils; and o Management of any excavated soils in accordance with applicable DEP and/or EPA policies. LSP Si ngnature The Activity and Use Limitation ion presented herein was prepared by Vl Y E. Stimpson, Senior Vice President, Hale & r ch, Inc. y►✓✓jNOpMA SignatureI IV—Seal: v o tYESLEY V Date: 7 March 1995 a :. STIMPSON -� y s License Number: 2332 eei 9N No =33��,. v� FA11254\042\AULOPN.WPF eFyp„_G�ST�P �p�e y Wllalam F. Weld Gwe Trudy S. Coxe am,et y, EOEA Thomas B. Powers Meg Cg .iiia f Commonwealth of Massachusetts � �mv 11 Executive Office of Environmental Affairs Department of MAR 2 1995 Environmental Protection CITY Metro Boston/Northeast Regional Office HEalih DE) 4. FEB 2 8 1995 URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REOUESTED Salem Evening News RE: SALEK 155 Washington Street 155 Washington Street Salem, MA 01970 RTN 13-10849 NOTICE OF RESPONSIBILITY; M.G.L. c. 21E & 310 CMR 40.0000 Attn: -Mr. Kenneth Newbegin Dear Mr. Newbegin: Y `' Information contained _in a Release Notification Form (RNF) submitted to the Department of Environmental Protection (the Department or DEP) on February 22, 1995 and submitted by Salem Evening News indicates that there is or has been a release of oil and/or hazardous material at the above -referenced property which exceeds a 11120 day" reporting threshold (310 0842 40.0315) and which reouires one or more response action. Based on this information, the Department has reason to believe that the subject property or portion(s) thereof is a disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, and the Massachusetts Contingency Plan, 310 CMR 40.0000 (the MCP). The assessment and cleanup of disposal sites is governed by M.G.L. c. 21E and the MCP. The purpose of this notice is to inform you of your legal responsibilities under state law for assessing and/or remediating the subject release. For purposes of this notice, the terms and phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates otherwise. 10 Commerce Way 9 Woburn, Massachusetts 01801 0 FAX(617)932--7615 0 Telephone (617) 932.7600 Salem Evening News Page 2 STATUTORY LIABILITIES The Department has reason to believe that you (as used in this letter, "you" refers to Salem Evening News are a Potentially Responsible Party (a PRP) with liability under M.G.L. c. 21E, $ 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous material was stored or disposed of; any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport, disposal, storage or treatment site from which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. This liability is "strict", meaning it is not based on fault, but solely on your status as an owner, operator, generator, transporter or disposer. It is also joint and several, meaning that you may be liable for all response action costs incurred at the site, regardless of the existence of any other liable parties. The MCP requires responsible parties to take necessary response actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, the Department is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such actions, you can avoid liability for response action costs incurred by the Department and its contractors in performing these actions, and any sanctions which may be imposed for failure to perform response actions under the MCP. You may be liable for up to three (3) times all response action costs incurred by the Department. Response action costs include, without limitation, the cost of direct hours spent by Department employees arranging for response actions or overseeing work performed by persons other than the Department or their contractors, expenses incurred by the Department in support of those direct hours, and payments to the Department's contractors. (For more detail on cost liability, see 310 CMR 40.1200.) Salem Evening News Page 3 The Department may also assess interest on costs incurred at the rate of twelve percent (12%), compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your liability for up to three (3) times all response action costs incurred by the Department, you may also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c. 21E, S 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21E, the MCP, or any order, permit or approval issued thereunder. NECESSARY RESPONSE ACTIONS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. The Department has determined that the following response actions are necessary at the subject site: A Phase I assessment pursuant to 310 CMR 40.0480 is necessary. In addition, unless an RAO is submitted earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year of the initial date notice of a release is provided to the Department pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if.the response Salem Evening News Page 4 action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. If you have any questions relative to this notice, you should contact Lilla Dick at the letterhead address or (617) 932-7600. All future communications regarding this release must reference the Release Tracking Number (RTN #3-10849) contained in the subject block of this letter. Sincerely, Kingsley Ndi Branch Chief Emergency Response Section r KN/LD cc: Salem Board of Health Salem Fire Department DEP data base/file 17 October 1994 File No. 11358-042 Neil J. Harrington, Mayor 93 Washington Street Salem, Massachusetts 01970 Joanne Scott Salem Health Department 9 North Street Salem, Massachusetts 01970 OCT 2 0 1994 CITY OF SALEM HEALTH DEPT. Subject: Notification of Release Abatement Measure Salem Evening News Ll 55-W-ashingtowStreet Salem, Massachusetts Ladies & Gentlemen: Geotechnical Engineers & Environmental Consultants This formal notification to you is required pursuant to the provisions of the Massachusetts Contingency Plan (MCP). A Release Abatement Measure (RAM) Plan has been submitted to the Department of Environmental Protection (DEP) for the removal and off-site disposal of a vaulted fuel oil storage tank and associated oil contaminated soils, at the Salem Evening News property 155, Washington Street, Salem, Massachusetts. A copy of the plan is available at the DEP. Under the MCP, the MCP the RAM plan will receive presumptive approval on 24 October 1994. The underground tank is scheduled to be removed beginning 24 October 1994. If you have any questions please do not hesitate,to call. Sincerely, HALEY & ALDRICH, INC. flou ufl- wo V— Maureen Hill Collins Senior Environmental Geologist F:\11358\notify.wpf 58 Charles Street Cambridge, MA 02141-2147 Offices Scarborough, Maine Rochester, New York Tel: 617/494-1606 Denver, Colorado Silver Spring, Maryland Cleveland, Ohio Fax: 617/577-8142 Glastonbury, Connecticut Bedford, New Hampshire Pnonm on rrydd oyer COUNCILLORS -AT -LARGE 2014 THOMAS H. FUREY WILLIAM H. LEGAULT ELAINE F. MILO ARTHUR C. SARGENT, III Mr. Dan Shuman Salem Cycle 72 Washington Street Salem, MA 01970 Dear Mr. Shuman: Citp of �*ttient, sHaWtIpt.MN Office of tl)C Citp Council Citp Jf all ROBERT K. MCCARTHY WARD COUNCILLORS PRESIDENT' 2014 CHERYL A. LAPOINTE ROBERT K. MCCARTHY CITY CLERK HEATHER E. FAMICO TODD A. SIEGEL DAVID W. EPPLEY JOSH H. TURIEL June 17, 2014 - BETH GERARD JOSEPH A. O'KEEFE, SR. At a regular meeting of the Salem City Council, held in the Council Chambers on Thursday, June 12, 2014, the City Council voted to approve your request for use of city streets surrounding the Common area for the bike race on August 6, 2014. The City Council also approved the request to allow the organizers to have, sell, serve and consume beer on the Commons. Yours Truly, C a CHER(L A. LAPOINTE CITY CLERK Cc: Police Chief Capt. Brian Gilligan Police Traffic Watch Commander Fire Chief Director of Public Services Health Agent Planning Director of Parks, Recreation and Community Services Licensing Board Special Projects Coordinator SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM.COM APPLICATION TO USE SALEM COMMON To the Park, Recreation & Community Services, Director and Commission: We, the undersigned, respectfully apply for a permit to use the Salem Common as follows: NAME OF PERSON: -Kurt Maw, Dan Shuman, David Greenway ORGANIZATION: _ rhe Witches Cup Bike Race ADDRESS: _72 Washington St, Salem. MA 01970 TELEPHONE NUMBER: 978-741-2222 SET-UP DATE: _August t 201Y BREAK —DOWN DATE:_August if 201q TIME: _12PM-9PM ATTENDENCE: APPROXIMATE NUMBER OF PEOPI.F._I,5oo TYPE OF USE REQUESTED CHECK ONE C6';rcv �b "6 Ic, k Wedding Ceremony Religious Event - Specifies Craft Fair - Number of Venders Road Race/Walk-a-thon -map of route must accompany application Community Event - Each individual attraction must be listed on reverse Of this page including hour by hour breakdown of Event. Musical - Type of Music Number of instruments Amplifiers (yes or no) —X—Other (Bike race around Salem Common) Fill out bottom of this page with specific information and schedule of performance Times - ALL CONCERTS MUST BE IN FULL COMPLIANCE WITH THE SALEM NOISE ORDINANCE (ENCL) CHECK OFF ALL OF THE FOLLOWING THAT PERTAIN TO YOUR EVENT _X_ Electricity - List specific requirements -2 drops, one from light post on Common, one from Utility polc across from I lawthorne Hotel Lot Applicant must contact City Electrician at 978-745-6300 to arrange for electrical service _X_Tent — List specific requirements_ [Ox 10 tents, not connected. 5.6 total in non -vendor area, 4-7 in vendor area, not connected Applicant must contact the to Director Park, Recreation & Community Services at 978-744-0180 regarding Tents. Director shall determine appropriate size, location and number of tents allowed For event. Applicant must also contact Fire Prevention at 978-745-7777 for tent permits and Inspections. _X Portable Sanitary Facilities (Conditional upon daily cleaning) Number required _3 -4 _ Applicant must contact the Health Department at 978-745-9595 regarding Sanitary Facilities. Health Department shall work with the Park, Recreation & Community Services Department to determine suitable location for facilities. _X_ Food - Check all that pertains to you event: _ Cooking _X Selling _X_Serving Applicant must contact the Health Department 978-745.9595; Fire Department -978-745-7777; And the Licensing Board 978-745-9595; for additional Vendor Licenses, Food Permits and Fire Permits. _X_ Vendors/ Sale of Good/Merchandise - List items to he sold -Witches Cup T-shirts, glass wear and posters _All other vendors will apply for licenses directly Applicant must contact the Licensing Board at 978.745-9595 Regarding Vendor Licenses. _X—Other Activities - List all other specific activities that will be held as part of your event. All other vendors/merch/food will apply to Salem independent of race Hospitality tent permits will be applied ror and issued through Licensing Board SALEM POLICE DEPARTMENT APPROVAL (WEDDINGS nae EXCLUDED Faonl r"E FOLLOW NG) Applicant is required to contact the Salem Police Department at 978-744-0171,ext. 127 Regarding the necessity of a Police Detail for the event. Applicant is also required to contact the Salem Police Department, Traffic Division, At 978-744-0171, ext. 137, regarding traffic issues. Applicant must also contact North Shore Ambulance at 978.744-1349 regarding On-site emergency service. Failure to contact the Salem Department shall be grounds for revocation of permit. APPLICATION TO USE SALEM COMMON Signature 0 _ Applicant J� ✓ y Date %124r n of Park and Recreation Commission Approved^ Denied Upon completion of the application, please return to: City Of Salem Park, Recreation & Community Services 5 Broad Street Salem, MA 01970 See attached for Rental Fees; X $250.00 Damage deposit will be held until inspection by Park and Recreation dept Additional charges may be accessed if further damage is found. Overtime fees. Park, Recreation & Community Services Director will make decision on amount of workers needed for each event. A All trash must be placed in plastic bags and placed in receptacles or designated area for City pick up. Please sign and return this application ASAP to confirm your date. Roads Closed for Racing: 1) Washington Sq N 2) Washington Sci E 3) Washington Sci S 4) Washington Sci W detoured at Essex Limited access outside of common 1) Brown 2) Williams 3) Mall 4) Oliver 5) 1A 6) Andrew 7) Briggs 8) Boardman 9) Forrester 10) Pleasant KIMBERLEY DRISCOLL MAYOR KAREN PARTANEN DIRECTOR April 17, 2014 Kurt Maw Dan Shuman David Greenway 72 Washington Street Salem, Ma 01970 RE: Witches Cup Bike Race To Whom It May Concern: CITY OF SALEM, MASSACHUSETTS PARK, RECREATION & COMMUNITY SERVICES 5 BROAD STREET, P.O. BOX 465 SALEM, MASSACHUSETTS 01970 TEL: (978) 744-0180 OR (978) 744-0924 FAX (978) 744-7225 KPARTANEN@SALEM.COM At a regular meeting of the The Salem Park and Recreation Commission, held at 5 Broad Street on April 15, 2014 approval was given for the Witches Cup Bike Race to use the Salem Common on August 6 from 12:00pm — 9:00pm. The Park and Recreation Commission has also granted permission to have vendors selling food, tents to be put up and porta potties to be accessible during the event. Sale of alcohol on the Common has also been granted pending approval of the licensing board. Please feel free to contact me at 978-744-0180 x 21 if you have any questions or concerns. Respectfully, Karen Partanen Director Park, Recreation and Community Services William F. Weld Gomrnor Daniel S. Greenbaum Commissioner - Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Metro Boston/Northeost Regional Office 1l 4 DEC 9 t991 CITY OF SALEM 'ACTH DEPT December 3, 1991 H.L.T. Realty .Trust 255 Washington Street Salem, MA 011970. RE: Salem - Property 'i . 286 Washington Street DEP Case No. 3-3642 MGL Chapter 21E/310 CMR 40 Dear Sir/Madam- The ir/Madam The Site Management Branch is in receipt of written correspondence and/or engineering. .report(s) concerning environmental conditions at the above referenced location. This letter is being forwarded to your attention to acknowledge receipt of such, notification,. and.,to (1) communicate to your the Department's preliminary detrminations- regarding conditions at this location, (2).notify--you of the liability provisions of Massachusetts; General aw Chapter 21E, (3) informyouof the status of,the Department's review of this case, and (4) provide you with guidance and ,recommendations on what future actions should occur regarding this matter. Preliminary Determinations Based upon a preliminary review of submitted and available information regarding this location,.the Department has made the following preliminary determination: it is not clear whether a release of oil or hazardous materials has been documented at this locale at a level that would warrant further investigatory or remedial cleanup action, pursuant to the provisions of MGL c. 21E or 310 CMR 40.00, the Massachusetts Contingency Plan (MCP). A more detailed review of available information, and possibly a site inspection by a DEP engineer or scientist, would be needed in order to make a final determination in this matter. 10 Commerce Way • Woburn, Massachusetts 01801 • FAX (617) 935-6393 9 Telephone (617) 935-2160 Status of Department Review and Case oversight.., Based "upon. a preliminary .review of information and data currently in, our. possession, :conditions at this location do not appear to present an immediate threat to public health, safety, or the environment.` on a relative basis, there are a 1prge number of other cases which appear to be of much greater or more immediate concern. Consequently, because,of staffing limitations and the existence of.a large backlog of cases, further review by'the Site -.Management-Branch isnot likely -to occur for an extended period of 'time:. , Statutory Provisions and Liabilities Under -.the provisions of MGL c.-21Eand the MCP,;a series of investigatory, and/ori remedial 'measures may be necessary. at;4this location. In such cases, persons and entities statutorily defined as "Potentially Responsible Parties" (PRPs) are liable for all needed actions (c. 21E, s. 5). This liability is strict, meaning it -is not based on fault but solely;on­one's�status as an owner, operator, generator, transporter, or other responsible party. It is also joint and several, meaning individual PRPs may be liable for all response actions conducted across an: entire site. You should carefully evaluate these provisions and seek legal counsel, if necessary, to determine the extent of your ,liability at this location. Despite the .fact that this site is backlogged, the Department encourages PRPs and other private parties to take response actions to assess and cleanup contamination.:;Under the provisions pf 310 CMR 40.536, however, any remedial site work beyond an initial "Phase I" site characterization may not be accomplished without DEP approval, except for "non-priority" sites that have been granted a Waiver of Approvals under 310 CMR 40.537 to perform an "at -risk" 'remediation. Recommendations for Future Actions Because this case is backlogged, if further response actions beyond a Phase I investigation are warranted, and the site appears to be classifiable as a non-priority site under 310 CMR 401.544, PRPs or other parties should consider applying for a Waiver. The necessity of performing a short term remedial measure should be continuously evaluated at any location where a release or threat of release of oil or hazardous materials has been documented. Such response actions require prior DEP approval. 2 If you believe that no further remedial response actions are acquired at this location, you are advised to consider whether you have' fulfi.11ed'.all requirements of the Massachusetts Contingency Plan. Guidance and advice in this regard is attached. I hope this letter was helpful in clarifying- the .Department Is position in this matter. It is recognized that this is a difficult time for both DEP and those private parties wishing to comply with the requirements of MGL Chapter 21E. We regret not being able to provide more staff oversight and guidance, but hope you can understand our obligation to devote our limited staff resources to those cases which present the greatest threat to public health and .the environment. A11, further communications regarding this matter must be directed :in writing to 10 Commerce Way, Woburn, MA 01801, attention "Site Management Branch", referencing the DEP Case Number designated in the.subject heading. Very truly yours, L� Ida Babroudi Site Discovery Section John-J.rFitzgerald; P.E. Chief, Site Management Branch cc. DEP, 1 Winter Street, Boston, MA 02108 Attn: Jeffrey Krukonis, BWSC, 5th floor .,Board of Health 3 i DEVAL L PATRICK Governor TIMOTHY P. MURRAY Lieutenant Governor Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02105.617 292-5500 Janet Mancini, Acting Agent 120 Washington Street, 4th Floor Salem, MA 01970 May 16, 2011 Dear Board of Health Agent; RECEIVE® MAY 19 2011 CITY OF SALEM BOARD OF HEALTH I RICHARD K. SULLIVAN JR. Secretary KENNETH L. KIMMELL Commissioner The Massachusetts Department of Environmental Protection (MassDEP) administers the Wel( Driller Program established by MGL C. 21G, §.14 & 20. It has come to our attention that drillers who are not currently certified with the Commonwealth are applying for and receiving permits for well drilling by some Boards of Health. In an effort to ensure that all wells drilled in the Commonwealth conform to the requirements set forth in the Well Driller Regulations (310 CMR 46.00), anyone engaged in the business of well drilling in the Commonwealth must possess a valid well driller certification. To ensure that wells are drilled by Massachusetts certified well drillers, we highly recommend that prior issuing well drilling permits, you require proof that a driller possesses a valid certification. The certification status of any well driller can be verified by accessing the list of Certified Well Drillers on MassDEP's website, http://www.mass.gov/dep/water/drinking/welldril.htm. Through the cooperative efforts of all parties, we can assure that wells in Massachusetts are properly installed and our water resources are protected. Please be aware that in addition to drilling, any deepening, decommissioning, hydrofracturing, repair or replacement of a well must also be performed by a certified well driller. Massachusetts defines a well as "any hole or shaft constructed into the ground for the purpose of injecting or extracting water and other fluids, or to monitor groundwater levels and water quality. Not included are wells used on a temporary basis for the purpose of dewatering excavations, stabilizing hillsides or earth embankments, sampling soil vapors, or sampling groundwater if the installation tool is left in the ground less than 48 hours." If you have any questions or need additional information, please feel free to contact the Well Driller Program Manager, Steve Hallem by phone at 617.292.5681 or via email at stephen.hallem(cDstate.ma.us or the Technical Services/Source Protection Program Manager, Paul Blain, by phone at 617.292.5948 or via email at paul.blain(a,state.ma.us. Thank you in advance for your attention to this matter. Sincerely, Steve Hallem Well Driller Program Manager Bureau of Resource Protection This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: w .mass.gov/dep Printed on Recycled Paper TRANSMITTAL P C,�,VF® Tihe&Bond ✓11A1 Project No.: 2818525-01" 'r - ?013 Date: June 26, 2013 UvAR�OFy SEM ��ry Re: Salem & Beverly Water Supply Board - 2012 Water Quality Report To: Salem Board of Health 120 Washington Street, 4th Floor Salem, MA 01970 Copy: Peter Smyrnios, Salem/Beverly Water Supply Board ❑ FOR SIGNATURE ® FOR FILE ❑ AS REQUESTED ❑ FOR REVIEW ❑ PLEASE REPLY NO. COPIES DESCRIPTION 12 Salem & Beverly Water Supply Board - 2012 Water Quality Report 1 Consumer Confidence Report Certification On behalf of the Salem & Beverly Water Supply Board, we are submitting copies of the 2012 Water Quality Report and accompanying certification forms, in accordance with the delivery requirements. We have included additional copies of the report to make available in your office. Very truly yours, Tighe & Bond, Inc. Margaret A. Hernandez Staff Engineer 4 Barlows Landing Road, Unit #15 Pocasset, MA 02559 Tel 508.564.7285 Fax 508.564.4298 Enviro-Safe Engineering PO Box 440424 Somerville, MA 02144 (617)623-6678 RECEIVE® June 25, 2013 JUL Z 6 Zd 13 North Shore Environmental �I i Y OF SALE 505 Washington Avenue t�OAHD OF HEALTH Revere, MA 02151 RE: Clearance, 175-183 Lafayette Street, Salem, MA On June 24, 2013, Patricia E. Riley, Massachusetts licensed asbestos abatement project monitor AM60294, conducted a final visual inspection and collected clearance air samples at the above address. The samples were analyzed by Enviro-Safe Engineering, Somerville, MA, Massachusetts licensed analytical laboratory AA000131. The samples were analyzed using NIOSH Method 7400 for Phase Contrast Microscopy (PCM). PCM is a qualitative method of analysis that yields the relative fiber concentration in the air at the time the samples were collected. The samples in question are below 0.010 fibers per cubic centimeter (f/cc), the maximum concentration allowed by the US environmental Protection Agency and the Massachusetts Department of Labor Standards (DLS). See enclosed results. If you have any questions or require additional information, please feel free to contact me at (617) 623-6678. Sincerely, W Patricia dRiley President Asbestos Air Sampling and Analysis Form :. Fibers per-- ldsicrbic r" :• centimeter -;004.., Job Number: S0595 . North Shore Environmental Client: Date: 06/24/13 Site Address: 175-183 Lafayette St. Filter size: 25mm Salem, MA Sample Sample Pump Time Sample Flow rate (liters per Volume (liters) Total ` : fibers/fields Net fibe number description number on/time off time (minutes) minute) 1:00- 802.20 15 1200 7/100 7/U 50595A Final clearance 1 175 office IS 1200 11/I00 l / S0595B Final clearance 2 1:00- 80 183 store 2.20 :. Fibers per-- ldsicrbic r" :• centimeter -;004.., :0.004 :.: . 14c. Commonwealth of Massachusetts Asbestos Notification Form ANF -001 ■ 100179281 Decal Number Important' A• Asbestos Abatement Description 1ST When filling out C housing authority, owner -occupied forms on the 1 a. Is this facility fee exempt - city, town, district, municipal c. Wing d. Floor computer, use only the tab key LJ Yes residence of four units or less? No to move your cursor - do not b. Provide blanket decal number p if applicable: e: Blanket Decal Number use the return 505 WASHINGTON AVENUE a. Name REVERE key. 2. Facility Location: 02151 *--'—n ,. r•.rwrrn,.,n 175-183 LAFAYETTE ST e. Telephone Number A PRIME ENERGY a. Name of Faal' A b. Street Address 01970 J(781) 246 0201 SALEM d. State e. Zip Code I. Telephone Number c. Cityrrown INSTRUCTIONS 3' 1. All sections of this form must be completed in order to comply with 4. DEP notification requirements of 310 CMR 7.15 5. and the Division of Ocapational Safety (DOS) notification requirements of 453 CMR 6.12 0 0 N 0 0 0 LL Z a Worksite Location: 1ST 175.183 LAFAYETTE ST� C e. Room a. Building Namelbuilding LUC UVn b. Building # c. Wing d. Floor Is the facility occupied? ❑ Yes Z No Asbestos Contractor: NORTH SHORE ENVIRONMENTAL SERVICE 505 WASHINGTON AVENUE a. Name REVERE b. Address 02151 7814851621 ,. r•.rwrrn,.,n d. Zip Code e. Telephone Number BRIAN HUGHES h. Facilit Contact Person RAYMOND KHAT 6. a. Name of Onsite Supervisor/Foreman ESE 7. a. Name of Pro'ect Monitor ESE 6' a. Name of Asbestos Analytical Lab 9 06121/2013 a. Project Start Date (mndddlyyyy) 8:30-3:30 c. Work hours Mon -Fd. 10. a. What type of project is this? 0 Demolition ❑ Renovation ❑ Repair Z Other, please specify: 11. a. Check abatement procedures: g. Contract Type: 0 Written ❑ Verbal ASBESTOS REMOVAL b. Describe ❑ Glove bag ❑ Encapsulation ❑ Enclosure ❑ Disposal only ❑�/ Cleanup ❑ Other, specify: Z Full containment b• Describe 12. Is the job being conducted: Z Indoors? Z Outdoors? 0 anf001ap.doc • 10102 Asbestos Notification Form • Page 1 of 3 0 Commonwealth of Massachusetts Asbestos Notification Form ANF -001 A Asbestos (cont.) ■ 100179281 Decal Number Asbestos Containing Materials (ACM) to be removed, enclosed, or 13. Total amount of each type of encs sulated: 0 874 a. otal pipes or uds (linear fl) o a o er su aces square C = r L S c. Boiler, breaching, dud, tank surface coatings 11 d. Insulating cement Lin. ftSq. ft. Ln, ft. � L i = L e. Corrugated or layered paper pipe insulation = f. TroweUSprayer coatings Lint . Sq' ft' Lin. fi. . h. Transite board, wall board Lin. ft. g. Spray -on fireproofing Lin. fl. Sq-!— Lin. SL ry I I. other, please specify. i. Cloths, woven fabrics FLOOR TILE ik. n I. SP Thermal, solid core pipe L_—� e insulation Lin. fl. Sq. ft. ctrY 14. Describe the decontamination system(s) to be used: METHODS WILL APPLY 15. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2) (9): WET ASBESTOS PACKED IN DOUBLE 6 MIL POLYETHENE BAG #9 LABELED "DANGER" 16. For Emergency Asbestos Operations, the DEP and DOS officials who evaluated the emergency: 17. Do prevailing wage rates as per M.G.L. c. 149, § 26, 27 or 27A -F apply to this project? ❑ Yes U No B. Facility Description COMMERCIAL 1. Current or prior use of facility: 2. Is the facility owner -occupied residential with 4 units or less? ElYes 0 No JA PRIME ENERGY 3' a. Facility Owner Name SAUGUS c. C' /Town BRIAN HUGHES 4. a. Name of Fadli Own, c. Cilyrfown ■ ant001 ap.doc • 10!02 Asbestos Notification Form - Pae 2 of 3 ■ Commonwealth of Massachusetts Asbestos Notification Form ANF -001 0 5. Facility Description (cont.) 100179281 Decal Number WASHINGTON AVE 6. What is the size of this facility? a. Square Feet b. Number of floors C. Asbestos Transportation and Disposal CHELSEA c. Cl /Town 3. a. Refuse Transfer Stati c. Ci /Town 4. IWASTE MANAGE a. Final Disposal Site U AIRPORT ROAD c. Final Disipiquall Site A, ME e. State D. Certification 50 MAINE f. Zip Code The undersigned hereby states, under the penalties of perjury, that he/she has read the Commonwealth of Massachusetts regulations for the Removal, Containment or Encapsulation of Asbestos, 453 CMR 6.00 and 310 CMR 7.15, and that the information contained in this notification is true and corned to the best of his/her knowledge and belief. RAYMOND KHAT 1. Transporter of asbestos -containing material from site to temporary storage site (if necessary): b. Authorized Signature SUPERVISOR —� 505 WASHINGTONAVE NSE, INC. Note: y a. Name of Trans otter b. Address 02151 (781) 485-1621 e. Tele hone Number Stationsns mustmust comply with the REVERE d. Zip Code e. Telephone Number c. Cityfrown Solid Waste Division 2. Transporter of asbestos -containing waste material from removal/temporary site to final disposal site: Regulations 310 CMR 119.000J.O.B./1ROLLOFF, INC. P.O. BOX 6037 CHELSEA c. Cl /Town 3. a. Refuse Transfer Stati c. Ci /Town 4. IWASTE MANAGE a. Final Disposal Site U AIRPORT ROAD c. Final Disipiquall Site A, ME e. State D. Certification 50 MAINE f. Zip Code The undersigned hereby states, under the penalties of perjury, that he/she has read the Commonwealth of Massachusetts regulations for the Removal, Containment or Encapsulation of Asbestos, 453 CMR 6.00 and 310 CMR 7.15, and that the information contained in this notification is true and corned to the best of his/her knowledge and belief. RAYMOND KHAT a. Name b. Authorized Signature SUPERVISOR —� 6/10/2013 c. Position/Title d. Dale(mnVddtyynl (781)485-1621 —� NSE, INC. e. Tele hone Number f. Representing 503 WASHINGTON AVE Adtlress 02151 REVERE1 It. City/Town i. Zip Code GoToTop '�' 0 anf001ap.doc -10/02 Asbestos Notification Form - Page 3 of 3 0 NORTH SHORE ENVIRONMENTAL SERVICES INC. Asbestos Removal Mass State Linc. #:A C00044 7 505 Washington Ave. Revere, MA 02151 TEL. #: (781) 485 —1621 FAX. #: (781) 485-1035 Date: 06/30/2013 To: A Prime Energy North Shore En di ones W Services North Shore Environmental Services North Shore Euvtroomeotal Services North Shore. Job Location: A prime Energy 18 Lark Ave Saugus MA 01906 To whom it may concerns: Scheduled Work Date(s): 06/21/22/2013 NSE Environmental Services Inc. was hired by the owner at the above mentioned address to abate asbestos. The job has been completed and the department of environmental protection agency has been notified, which includes the department of occupational safety and local Board of health department in which the cityjob performed in. Enclosed with this is an Asbestos Notification Form ANF -001 (three pages) in reference to the job. Job description involves Glove bag removal and disposals. if you have any question, please do not hesitate to call us at (781) 485-1621. Best Regards, Raymond R. Khat On -Site Supervisor DOS#AS050604 North Shore Environmental Services Inc.