Salem Port Notice of Use and Limitations - March 2008WI TNE SSE T'E:
RTN 3-21067
September 2005
III/,11111111111111111111111111111111111111111
2005090200869 Bk:24794 Pg:104
09/02/2005 15:29:00 OTHER Ps 1/29Form1075
NOTICE_OF ACTIVITY AND USE LIMJTA TION
M.G.L.c.2lE,§6 and 310 CMR40.0000
Activity &.Use Limitaiion
,.6385 -Dominion Blaney Street
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 ClVffi.40.0000 ("MCP").Said response actions arc 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 ln,on,through,over or under the
Portion of the Property.The basis for such restrictions is set forth in an Activity and Use
rvtAR{:;~'U.L:1EFERENCE p.~~
W:HEREAS,said pareel(s)of land,which is more particularly bounded and
described in Exhibit A,attached hereto and made a part hereof ("Property")is subject to
this Notice of Activity and Use Limitation.The Property is shown on a plan recorded in
the Essex COlmly Registry of Deeds in Plan BookZY''l1f,Plan JQ3 ;
WHEREAS,Dominion Energy Salem HarbQL'LLC,is the owner in fee
simple of those certain parcd(s)of vacant land located in Salem,Essex County,
Massachusetts,.J2.ursuant to a deed reco!"dE~dwith the.Essex County Registry of Deeds in
Book 23825,Page 116 issued by the~~~:p..~gi~t~ati(m Office of the Essex County
Registry District];
WHEREAS,the Portion of the Property comprises all of a disposal site as
the result of a release of oil and/or hazardous material.Exhibit B is a sketch plan
sho\ving the relationship of the Portion of the Property subject to this Notice of Activity
and Use Limitation to the boundaries of said disposal site existing within the limits of the
Property and to the extent such b01.U1darieshave been established.Exhibit B is attached
hereto and made a part hereof;and
WHEREAS,a portion of the Property ("Portion of the Property")is subject
to this Notice of Activity and Use Liniitition.The Portion of the Property is more
particularly bounded and described in Exhibit A-I,attached hereto and made a part
hereof.The Portion of the Property is shown on a plan recorded with the Essex County
Registry of Deeds in Plan BookZ.'I799,'Plan~;
Disposal Site Name:10 Blaney Strec..t
DEP Release Tracking No.(s):3-21067
..\
..,This."NG}ticeoJ.Activity .and"TJs@·Limitation .('.'Notice';)..is"made ..as·oLthis ...•·_..,,,..~
_2nd_day of SeptQ.~nber,~_Q05,by pominion Ener£y Salem HarbQT.LL~,-_24 For.:t
Avenue,Salem.Massachus~t.t.s.01970,together with its successors and assigns
(collectively "Owner")."
RECEiVED
MAR 1 I Z008~~/[/../'I~i-DEPT.OF PLANNING &/I J COMMUNITY..DEVELOPMENT,
Id
~
~
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Limitation Opinion ("AUL Opinion"),dated September 2,2005,(which is attached
hereto as Exhibit C and made a part hereof);
NOW,THEREFORE,notice is hereby given that the activity and use
limitations set forth in said AUL Opinion are as follows:
1.Activities and Uses Consistent with the AUL Opinion.The AUL
Opinion provides that a condition of No Significant Risk to health,safety,
public welfare or the environment exists for any foreseeable period of time
(pursuant to 310 CMR 40.0000)so long as any of the following activities
and uses occur on the Portion of the Property:
(i)Activities and uses including,but not limited to,normal commercial
and industrial operations,pedestrian and/or vehicle traffic,vehicle
parking,landscaping,and routine maintenance of landscaped areas
which do not result in direct contact with,or disturbance of,soil
located deeper than three (3)feet below surface grade;
(ii)Excavation associated with underground utility installation,repair,or
maintenance and/or construction activities which do not cause
and/or result in the disturbance and/or relocation of soil located
deeper than three (3)feet below surface grade,provided it is
conducted in accordance with Obligation (i)in Section 3 of this
AUL Opinion prior to commencement of such activity;
(iii)Excavation associated with underground utility installation,rcpair,or
maintenance and/or construction activities which will disturb soil
located deeper than three (3)feet below surface grade,provided
that it is conducted in accordance with a Soil Management Plan
and Health and Safety Plan prepared and implemented in
accordance with Obligations (ii)and (iii)in Section 3 of this AUL
Opinion prior to commencement of such activity;
(iv)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;and
(v)Such other activities and uses not identified in this AUL Opinion as
being inconsistent with maintaining a condition of No Significant
Risk.
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
2.Activities and Uses Inconsistent with the AUL Opinion.Activities and
uses which are inconsistent with the objectives of this Notice of Activity and
Use Limitation,and which,if implemented at the Portion of the Property,
may result in a significant risk of harm to health,safety,public welfare or the
environment or in a substantial hazard,are as follows:
(i)Use of the Portion of the Property as a residence,school,nursery,or
daycare facility;
(ii)Planting,cultivating,and/or harvesting of vegetables,fruits,and
other edible produce;
(iii)Excavation that is not conducted in accordance with Obligation (i)in
Section 3 of this AUL Opinion;
(iv)Excavation that will disturb soil located deeper than three (3)feet
below surface grade not conducted in accordance with a Soil
Management Plan and Health and Safety Plan prepared and
implemented in accordance with the Obligations (ii)and (iii)in
Section 3 of the A UL Opinion.
3.Obligations and Conditions Set Forth in the AUL Opinion.If applicable,
obligations and/or conditions to be undertaken and/or maintained at the
Portion of the Property to maintain a condition of No Significant Risk as set
forth in the AUL Opinion shall include the following:
(i)Soil located within the AUL area may not be relocated to an area
outside of the AUL area,unless such activity is first appropriately
evaluated by an LSP who renders an Opinion which states that such
relocation is conducted in accordance with the provisions of the
MCP cited at 310 CMR 40.0030 et seq.;
(ii)A Soil Management Plan must be prepared by an LSP and
implemented prior to the commencement of any activity which will
disturb soil located deeper than three (3)feet below surface grade
within the AUL area.The Soil Management Plan shall describe
appropriate soil excavation,handling,storage,transport,and
disposal procedures and include a description of the engineering
controls and air monitoring procedures necessary to ensure that
workers and potential receptors in the vicinity are not affected by
fugitive dust or particulates.On-site workers must be informed of
the requirements of the Soil Management Plan,and the Plan must
be available on site throughout the course of the project;and
(iii)A Health and Safety Plan must be prepared by a certified Industrial
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
Hygienist or other qualified individual sufficiently trained in
worker health and safety requirements and implemented prior to the
commencement of any excavation activity which will disturb soil
located deeper than three (3)feet below surface grade within the
AUL area.The Health and Safety Plan should specify the type of
personal protection (i.e.,clothing,respirators,etc.),engineering
controls,and environmental monitoring necessary to prevent
worker exposures to contaminated soil through dermal contact,
ingestion,and/or inhalation.Workers must be informed of the
requirements of the Health and Safety Plan,and the Plan must be
available on site throughout the course of the project.
4.Proposed Changes in Activities and Uses.Any proposed changes in
activities and uses at the Portion of 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 seq.,as to whether the proposed changes will present a
significant risk of hmm to health,safety,public welfare or the environment.
Any and all requirements set forth in the Opinion to meet the objective of
this Notice shall be satisfied before any such activity or use is commenced.
5.Violation of a Response Action Outcome.The activities,uses and/or
exposures upon which this Notice is based shall not change at any time to
cause a significant risk of ham1 to health,safety,public welfare,or the
environment or to create substantial hazards due to exposure to oil and/or
hazardous material without the prior evaluation by an LSP in accordance
with 310 CMR 40.1080 et seq.,and without additional response actions,if
necessary,to achieve or maintain a condition of No Significant Risk or to
eliminate substantial hazards.
If the activities,uses,and/or exposures upon which this Notice is based
change without the prior evaluation and additional response actions
determined to be necessary by an LSP in accordance with 310 CMR 40.1080
et seq.,the owner or operator of the Portion of the Property subject to this
Notice at the time that the activities,uses and/or exposures change,shall
comply with the requirements set forth in 310 CMR 40.0020.
6.Incorporation Into Deeds,Mortgages,Leases,and Instruments of
Transfer.This Notice shall be incorporated either in full or by reference into
all future deeds,easements,mortgages,leases,licenses,occupancy
agreements or any other instrument of transfer,whereby an interest in and/or
a right to use the Property or a portion thereof is conveyed.
Owner hereby authorizes and consents to the filing and recordation and/or
registration of this Notice,said Notice to become effective when executed
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
under seal by the undersigned LSP,and recorded and/or registered with the
appropriate Registry(ies)of Deeds and/or Land Registration Office(s).
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
WITNESS the execution hereoflJnder sea]this]s1 day of September,2f)05.
!/JfJJL4L-------
G.Scott Hetzer
Senior Vice Presiden&d Treasurer
Dominion Energy Salem Harbor,LLC
COMMONWEALTH OF VJRGJNJA
CITY OF RICHMOND
The foregoing instrument was acknowJedged before me this l2!day of September,2005,
by G.Scott Hetzer,on behalf of Dominion Energy Salem Harbor,LLC.
My Commission Expires:/3/-<(,~;
.'S5
Then personaJJy appeared the above named _Dorothv A.McGJincy and
acknowledged the foregoing instrument to be her free act and deed before me,
If ~kJJ~__
otary Public
My Commission Expires:
Upon recording,return to:
Michael Fitzgerald
Dotllinion Energy Salem Harbor,LLC
24 Fort Avenue
Salem,Massachusetts OJ 970
10 Blaney Street AUL
.wET C.KOLEK
NctBq F'utIIIk
Com'.Dnulil.!I fA
t.Ir~E:q:Ra.1§.
RTN 3-21067
DOMINION ENERGY SALEM HARBOR,LLC
Secretary's Certificate
I,the undersigned,hereby certify that I am Assistant Secretary of Dominion
Energy Salem Harbor,LLC,a Virginia limited liability company (the "Company").
I further certify that the resolutions approved via Unanimous Written Consent
(Attachment 1)have not been amended or revoked and that the same is now in full
force and effect until revoked.
I further certify that the below named person has been duly appointed and is the
incumbent of the respective office and that the signature is genuine:
G.Scott Hetzer
Senior Vice·President and Tre~urer
IN WITNESS WHEREOF,I have hereunto set my hand a~have affixed the corporate
seal of said Company this day of 1<-11:;<,.1 -/,2005.
CORPORATE
Sb\L
ATTACHMENT 1
TRANSCRIPT FROM UNANIMOUS WRITTEN CONSENT
OF THE SOLE MEMBER OF
DOMINION ENERGY SALEM HARBOR,LLC
Effective September 9,2004
RESOLVED,that the President and the other officers shall have such powers
and duties as generally pertain to their respective offices as well as such powers and
duties as may be delegated to them from time to time by the Manager.The President
and each Vice President shall have authority to sign certificates for bonds,deeds and
all manner of contracts necessary,expedient in or incident to the conduct of the
Company's business and to delegate such authority in accordance with the Company's
policies and procedures,in such manner as may be approved by the President.
EXHIBIT A
Legal Description of Property
Containing Area Subject to AUL
10 Blaney Street
Salem,Massachusetts
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
LEGAL DESCRIPTION -PARCELS 1.2.3 &5
10 Blaney Street
Salem,Massachusetts
Four (4)parcels of land situated in the City of Salem,Essex County,
Commonwealth of Massachusetts,being more particularly bounded and described as
follows:
Parcels 1 &5
Beginning at a point at the southwest corner of Blaney Street;THENCE
N 66°47'49"E along the southerly side of Blaney Street,a distance of 44.23 feet to a
point at the southwest corner of land now or formerly of Daniel J.Mackey;THENCE
N 68°14'50"E along the southerly line of said Mackey land,a distance of 58.46 feet to a
point on a westerly line of land now or formerly USGEN New England,Inc.;THENCE
S 34°32'46"E along a westerly line of said USGEN New England,Inc.land,a distance
of 18.31 feet to a point;THENCE
S 36°25'36"E along a westerly line of said USGEN New England,Inc.land,a distance
of 139.98 feet to a point;THENCE
S 34°54'46"E along a westerly line of said USGEN New England,Inc.land,a distance
.of 610 feet more or less to the low water mark of Salem Harbor;THENGE
Northwesterly along the low water mark of Salem Harbor a distance of 615 feet more or
less to a point at the southwest corner of Parcel 2;THENCE
N 31°53'44"W along the easterly line of said Parcel 2,a distance of 320 feet more or
less to the southwest comer of Parcel 4;THENCE
N 60°01'26"E along the southerly line of said Parcel 4,a distance of 73.72 feet to the
point of beginning.
The above described parcel containing 113,106 square feet,more or less.
Parcel 2
Beginning at a point on the easterly side of White Street,on two courses,the first
N 23°37'40"W a distance of 4.53 feet,the second,N 24°18'26"W a distance of 70.88
feet from the southeast corner of White Street,and is the southwest corner of Parcel 3;
THENCE
N 60°31'47"E along the southerly line of Parcel 3 a distance of 53.70 feet to a point on
the westerly line of Parcel 4;THENCE
S 31°53'44"E along the westerly line of Parcel 4 and the westerly line Parcel 1 &5 a
distance of 357 feet more or less to the low water mark of Salem Harbor;THENCE
Westerly along the low water mark of Salem Harbor a distance of 46 feet more or less to
a point on the easterly line of land now or formerly of Hawthorne Marina Limited
Partnership;THENCE
N 32°22'40"W along the easterly line of said land of Hawthorne Marina Limited
Partnership a distance of 291 feet more or less to a point;THENCE
S 62°27'30"W along the northerly line of said land of Hawthorne Marina Limited
Partnership a distance of 14.73 feet to a point on the easterly line of White Street;
THENCE
N 24°18'26"W along the easterly line of White Street a distance of 70.88 feet to the
point of beginning.
The above described parcel containing 17,740 square feet,more or less.
Parcel 3
Beginning at a point on the easterly side of White Street,on two courses,the first
N 23°37'40"W a distance of 4.53 feet,the second,N 24°18'26"W a distance of 70.88
feet from the southeast corner of White Street,and is the southwest corner of Parcel 3;
THENCE
N 2r59'18"W along the easterly line of White Street a distance of 26.25 feet to a point;
THENCE
N 25°18'07"W along the easterly line of White Street a distance of 19.00 feet to a point
at the southwest corner of land now or formerly of Michael A.McLaughlin and Claudia
Chuber;THENCE
N 62°19'27"E,along the southerly line of said land of Michael A.McLaughlin and
Claudia Chuber a distance of 49.82 feet to a point on the westerly line of Parcel 4;
THENCE
S 31°53'44"E,along the westerly.line of Parcel 4 a distance of 43.67 feet to the
northeast corner of Parcel 2;THENCE
S 60°31'47"W,along the northerly line of Parcel 2 a distance of 53.70 feet to the point of
beginning.
The above described parcel containing 2,309 square feet,more or less.
H:\CUIlinonlplojI20S200Q9-2a-O 1O\@onro""t>120S20009·L<gaJ ducnption _1.2,3-5 p.,cclo.doc
EXHIBIT A-l
Legal Description of Area Subject to AUL
10 Blaney Street
Salem,Massachusetts
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
LEGAL DESCRIPTION -AUL PARCEL
10 Blaney Street
Salem,Massachusetts
A parcel of land situated in the City of Salem,Essex County,Commonwealth of
Massachusetts,being more particularly bounded and described as follows:
Beginning at a point being the southwest comer of Blaney Street,said point
being about 107 feet,more or less from the northwest corner of Blaney Street at Derby
Street.
THENCE running N 66°47'49"E,along the end of Blaney Street,a .distance of 25.23
feet to a point;
THENCE running S 30°31'45"E,by land leased to Daniel J.Mackey,a distance of
52.76 feet,to a point;
THENCE running N 56°49'57"E,by leased to Daniel J.Mackey,a distance of 80.00
feet to land,now or formerly of USGEN New England,Inc;
THENCE running S 36°25'36"E,by land of said Mackey a distance of 120.41 feet to a
point;
THENCE running S 34°54'46"E,by land of said USGEN New England,Inc.a distance
of 610 feet more or less to the low water mark of January 15,2001;
THENCE running along said low water mark of January 15,2001,distance of 252 feet,
more or less,to the bottom of the bank;
THENCE running along the bottom of the bank on the following ten (10)courses:
N 17°54'06"W,a distance of 73.48 feet
'N 27°38'.32"W,a distance of 105.78 feet
N 32°08'29"W,a distance of 72.15 feet
N 14°18'31"W,a distance of 34.56 feet
N 74°10'46"W,a distance of 4.97 feet
N 26°12'48"W,a distance of 47.05 feet
N 21°04'26"W,a distance of 38.67 feet
N 22°44'46"W,a distance of 69.89 feet
S 88°44'28"W,a distance of 18.95 feet
and N 47°42'24"W,a distance of 5.91 feet,to a point at a granite seawall;
THENCE running 123 feet more or less along said granite seawall;
THENCE running S 06°39'24"E a distance of 5.90 feet,to a point and S 5r53'35"W,a
distance of 20.37 feet,to a point on the easterly line of land of Hawthorne
Marina Limited Partnership;
THENCE running N 32°22'40"W,along said easterly line of said land of Hawthorne
Marina Limited Partnership,a distance of 137.79 feet to a point;
THENCE running S 62°27'30"W,along the northerly line of said land of Hawthorne
Marina limited Partnership,a distance of 14.73 feet to a point on the easterly
side of White Street;
THENCE running N 24°18'26"W,along said easterly side of White Street a distance of
70.88 feet,to a point;
THENCE running N 27°59'18"W along the easterty line of White Street a distance of
26.25 feet to a point;
THENCE running N 25°18'07"W,along said easterly side of White Street.a distance of
19.00 feet,to a point at land,now or formerly of Michael A.McLaughlin and
Claudia Chuber;
THENCE running N 62°19'27"E,by land of said Michael A.McLaughlin and Claudia
Chuber,a distance of 49.82 feet,to a point;
THENCE running S 31°53'44"E,by Parcel 3 and a part of Parcel 2,a distance of 86.00
feet,to a point;
THENCE running N 60°01'26"E,by Parcel 4,a distance of 73.72 feet,to the point of
beginning;
The above described AUL Parcel containing 101,954 square feet more or less
and consist of Parcel 1&5,2&3.
H:\CUllinanlproj\20520009-2MJOldooum<n'-'\20520009-LcgaJ description -AUL Paled.do<:
EXHIBIT B
Sketch Plan Showing AUL Area
Activity &Use Limitation
46385 .-Dominion Blaney Street
RTN 3-21067
September 2005
EXHIBIT C
Activity and Use Limitation Opinion
10 Blaney Street
Salem,Massach usetts
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
In accordance with the requirements of Massachusetts Contingency Plan (MCP)regulations,
310 CMR 40.1074,this Activity and Use Limitation Opinion has been prepared on behalf of
Dominion Energy Salem Harbor,LLC,for a Portion of the Property located at 10 Blaney
Street,Salem Massachusetts.
This property is owned by:
Dominion Energy Salem Harbor,LLC
Salem Harbor Station
24 Fort A venue
Salem,Massachusetts 01970
The Massachusetts Department of Environmental Protection (DEP)designated this site
Release Tracking Number (RTN)3-21067.
As of the date of the recording of the Notice of the Activity and Use Limitation ("Notice")
with the Essex County Registry of Deeds,the subject 2.3-acre portion of the property is
zoned for commercial use.A legal metes and bounds description of the property (extending
to the low water line in Salem Harbor)is provided in Exhibit A.A legal metes and bounds
description of the portion of the property (the land-based portion of the property)is provided
in Exhibit A-I.
Site History
The property was used for commercial and industrial activity since the mid-1800s.Historical
businesses include a keg factory,a beef extract manufacturer,an ebony polish company,and
a tannery.According to historical Sanborn®Fire Insurance Maps,the Russell-Sim Tanning
Company operated at the property from sometime after 1915 through 1960.The maps
indicate that the tannery used coal for heating.Coal fragments were found in several on-site
soil borings.More recently,the property has been used as a parking area and ferry landing in
the late 1990s and as a boat storage area in 2001.Currently,there are no boats,buildings or
structures present.
Based on analytical results of over 300 surface and subsurface soil,groundwater,sediment,
and surface water samples,TRC concluded that lead and chromium in surface and subsurface
soils are the primary contaminants of concern contributing to risk at the Blaney Street Site.
The source of the metals contamination in soil is due to previous use of the property as a
talmery,from historical filling of the property,and possibly scraping and sanding of boats
during storage.
In surface soil,average detected lead and total chromium concentrations are 250 mg/kg and
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
230 mg/kg,respectively.These concentrations are below their applicable MCP Method 1 S-
I soil standards.The highest concentrations of total chromium were detected underneath the
footprint of the former tannery building located near the granite sea wall at depths of four
feet below grade and deeper.Based on the high total chromium concentrations,the area
beneath the former tannery is identified as a Hot Spot per the MCP definition.Within the
Hot Spot,an average total chromium concentration of 8,600 mglkg was calculated.The vast
majority of chromium is trivalent chromium (chromium +3),which is less soluble and less
toxic than hexavalent chromium (chromium +6).Hexavalent chromium was generally not
detected,or detected at low concentrations,at only three locations in soil,withi.n the tannery
building footprint.Low levels of metals were detected in groundwater wells,below
applicable MCP GW-2 and GW-3 grotmdwater standards.
A comprehensive MCP Phase III remedial alternatives feasibility evaluation was performed
to determine the most feasible response action to eliminate the risk of exposure posed by the
levels oflead and chromium in soil at the site.The Phase III evaluation concluded that the
most feasible response action is to impose an Activity and Use Limitation to restrict activities
found to pose unacceptable risk.
Reason for Activity and Use Limitation
A site-specific Method 3 Risk Characterization was conducted in accordance with the
Massachusetts Contiligency Plan regulations,310 CMR 40.0000,to evaluate the
quantification of total site risk considering current,and future,on-and off-site receptors
under several assumed exposure scenarios and contaminant levels at the site.
The risk characterization concluded that:
•Current site conditions do not pose unacceptable risk to health,public welfare or the
environment for current commercial uses of the property,including pedestrian and
vehicle traffic,vehicle parking,recreational trespassing,and landscaping.Current
site conditions do not pose unacceptable risk to off-site residents.
•Some future activities would pose unacceptable risk to human health.These
activities are limited to eating produce grown at the property,unrestricted excavation
work within the chromium Hot Spot in the former tannery area in soil located at
depths greater than four feet below surface grade,and unrestricted residential use of
soil within the chromium Hot Spot in the former tannery area,located at depths
greater than four feet below surface grade.
•An Environmental Risk Characterization demonstrated that sediment and surface
water quality are consistent with local conditions and indicated no significant risk to
ecological receptors.
•The site poses no significant risk of harm to safety and public welfare for current and
future conditions.
Although exposure to Hot Spot soils begins at four feet below grade,the A UL will restrict
activities below 3 feet,creating a one-foot safety margin,which will provide additional
protection.Additionally,restrictions on activities in subsurface soil below three feet will
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
apply to the entire Site,rather than just the Hot Spot.This further restriction will also
provide additional protection.
Therefore,to maintain a condition of no significant risk for future activities,this deed
restriction prevents residential use,growing produce,and prevents disturbance of soils tlu'ee
feet and deeper below surface grade without appropriate soil management and health and
safety controls.
Permitted Activities
(i)Activities and uses including,but not limited to,normal commercial and industrial
operations,pedestrian and/or vehicle traffic,vehicle parking,landscaping,and routine
maintenance of landscaped areas which do not result in direct contact with,or
disturbance of,soil located deeper than three (3)feet below surface grade;
(ii)Excavation associated with underground utility installation,repair,or maintenance
and/or construction activities which do not cause and/or result in the disturbance
and/or relocation of soil located deeper than three (3)feet below surface grade,
provided it is conducted in accordance with Obligation (i)in Section 3 of the AUL
Opinion prior to commencement of such activity;
(iii)Excavation associated with underground utility installation,repair,or maintenance
and/or construction activities which will disturb soil located deeper than three (3)feet
below surface grade,provided that it is conducted in accordance with a Soil
Management Plan and Health and Safety Plan prepared and implemented in
accordance with Obligations (ii)and (iii)in Section 3 of the AUL Opinion prior to
commencement of such activity;
(iv)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;and
(v)Such other activities and uses not identified in this AUL Opinion as being
inconsistent with maintaining a condition of No Significant Risk.
Restricted Uses and Activities
(i)Use of the Portion of the Property as a residence,school,nursery,or daycare facility;
(ii)Planting,cultivating,and/or harvesting of vegetables,nuits,and other edible produce;
(iii)Excavation that is not conducted in accordance with Obligation (i)in Section 3 of the
AUL Opinion;and
(iv)Excavation that will disturb soil located deeper than three (3)feet below surface grade
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
not conducted in accordance with a Soil Management Plan and Health and Safety Plan
prepared and implemented in accordance with the Obligations (ii)and (Hi)in Section 3
of the AUL Opinion.
Obligations and Conditions
(i)Soil located within the AUL area may not be relocated to an area outside of the AUL
area,unless such activity is first appropriately evaluated by an LSP who renders an
Opinion which states that such relocation is conducted in accordance with the
provisions of the MCP cited at 310 CMR 40.0030 et seq.;
(ii)A Soil Management Plan must be prepared by an LSP and implemented prior to the
commencement of any activity which will disturb soil located deeper than three (3)
feet below surface grade within the AUL area.The Soil Management Plan shall
describe appropriate soil excavation,handling,storage,transport,and disposal
procedures and include a description of the engineering controls and air monitoring
procedures necessary to ensure that workers and potential receptors in the vicinity are
not affected by fugitive dust or particulates.On-site workers must be informed of the
requirements of the Soil Management Plan,and the Plan must be available on site
throughout the course of the project;and
(iii)A Health and Safety Plan must be prepared by a certified Industrial Hygienist or other.
qualified individual sufficiently trained in worker health and safety requirements and
implemented prior to the commencement of any excavation activity which will disturb
soil located deeper than three (3)feet below surface grade within the AUL area.The
Health and Safety Plan should specify the type of personal protection (i.e.,clothing,
respirators,etc.),engineering controls,and environmental monitoring necessary to
prevent worker exposures to contaminated soil through dermal contact,ingestion,
and/or inhalation.Workers must be informed of the requirements of the Health and
Safety Plan,and the Plan must be available on site throughout the course of the
project.
Agreement to Reference Notice of AUL
In accordance with 310 CMR 40.1 074(2)(h),Dominion Energy Salem Harbor LLC agrees to
reference this AUL in all deeds,easements,mortgages,leases,licenses,occupancy
agreements,or any other agreements which convey an interest in and/or a right to use the
portion of the property subject to the AUL.
Procedures for Changing Permitted Site Activities and Uses
In accordance ,'lith 310 CMR 40.1 074(2)(i),a description of the procedures to be followed to
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
ensure that changes in permitted activities and/or uses meet the objectives of the AUL is
provided below:
Any proposed changes in activities and/or uses within the AUL boundaries which may result
in higher levels of exposure to oil and/or hazardous material than currently exist will be
evaluated by a Licensed Site Professional (LSP).The LSP will render an Opinion,consistent
with 310 CMR 40.1080,as to whether the proposed changes wiIJ result in a significant risk of
harm to human health,safety,public welfare,or the environment.Any and all requirements
set forth above to meet the objective of the AUL wiIJ be satisfied before any proposed
changes in activity and/or use are initiated.
Prepared by:
TRC ENVIRONMENTAL CORPORATION
t ~~~~~".I\A:t Y.,u:;;:;:)/
/:;)ti1•v (,A//'.c.---£'-;'7·~{.o'Mj(!•Dorothy A.McOlincy,PO,L
Licensed Site Professional #7336
Date:
Activity &Use Limitation
46385 -Dominion Blaney Street
RTN 3-21067
September 2005
EXHffiIT D
Activity and Use Limitation
Transmittal Forms
BWSC113 and BWSCl13A
Activity &Use Limitation
L2005--Dominion Blaney Street
RTN 3-21067
September 2005
ACTIVITY &USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number
[II -121067
1.Disposal Site Name:
Massachusetts Department of Environment~1 Protection
Bureau of Waste Site Cleanup
Pursuant to 310 CMR 40.1056 &40.1070 -40.1084 (Subpart J)
A.DISPOSAL SITE LOCATION:
Dominion Energy Salem Harbor,LLC
2.Street Address:10 Blanev Street
BWSC113
3.Cityrrown:Salem 4.ZIP Code:01970-0000
o 5.Check here if a Tier Classification Submittal has been provided to DEP for this disposal site.o a.Tier 1A D b.Tier 18 0 c.Tier 1C ~d.Tier 2
6.If a Tier I Permit has been issued,provide Permit Number:
E!.THIS FORM IS BEING USED TO:(check one)
~
o
o
o
o
o
[J
[J
o
o
1.Submit a certified copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074.
2.Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome
Statement has been filed pursuant to 310 CMR 40.1080.
3.Submit a certified copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081
4.Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR
40.1083(3).
5,Submit a certified copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1 )(d).
6.Submit a certified copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071.
7.Submit a certified copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081 (3).
8.Submit a certified copy of a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2).
9.Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c).
10.Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4).
11.Provide Additional RTNs:
o a.Check here if this AUL Submittal covers additional Release Tracking Numbers (RTNs).
b.Provide the additional Release Tracking Number(s)0 _IcoveredbythisAULSubmittal.I D-[
(All sections of this transmittal form must be filled out unless otherwise noted above.
BWSC113A is required for all submittals listed above)
Revised:06/27/2003 Page 1 of 4
ACTIVITY &USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number
[]-121067 I
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
Pursuant to 310 CMR 40.1056 &40.1070 -40.1084 (Subpart J)
BWSC113
C.AUL INFORMATION:
'1.Document (per Section B)Recording and/or Registration Information:
a.Name of Registry of Deeds and/or Land Registration Office:Essex County Registry of Deeds
b.Book and Page Number and/or Document Number:13K ),~7'1'I
c.Date of recording and/or registration:Cf I()../J.O()$
mm/ddlvYYY
2.Is the address of the property subject to AUL different from the disposal site address listed above?
~a.No 0 b.Yes If yes,then fill out address section below.
3.Street Address:
4.CityfTown:
D.PERSON SUBMITTING AUL TRANSMITTAL FORM:
5.ZIP Code:
'1.Check all that apply:0 a.change in contact name 0 b.change of address
?N fa .f Dominion Energy Salem Harbor LLC•.,ame 0 rganlza Ion:
o c.change in the personundertakingresponseactions
3.Contact First Name:Malcolm 4.Last Name:
5.Street:5000 Dominion Blvd.6.Title:Vice President,Fossil &Hydro
7.City/Town:Glen Allen 8.State:VA 9.ZIP Code:23060-0000
10.Telephone:(804)273-2225 11.Ext.:12.FAX:\804)273-2303
D d.Transporter
'13.Is the person described in this section the owner of the property?
o a.Yes 0 b.No,if checked then Section G must be filled out by at least one owner.
o c.Check here if providing names and addresses of any additional owners in an attachment.
E.RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM:(check one)
o 1.RP or PRP 0 a.Owner 0 b.Operator 0 c.Generator
o e.Other RP or PRP Specify:
o 2.Fiduciary,'Secured Lender or Municipality with Exempt Status (as defined by M.G.L.c.21 E,s.2)
o 3.Agency or Public Utility on a Right of Way (as defined by M.G.L.c.21E,s.5(j))
o 4.Any Other Person Submitting AUL Specify:
Revised:06/27/2003 Page 2 of 4
ACTIVITY &USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number
[]-121067 I
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
Pursuant to 310 CMR 40.1056 &40.1070 -40.1084 (Subpart J)
BWSC113
F.REQUIRED ATTACHMENT AND SUBMmALS:
1.Check here to certify that notice of the proposed Activity and Use Limitation (AUL)was given to all record-interest holders,
if any,in accordance with 310 CMR 40.1 074(1)(e),via certified mail.
o a.Check here if there were no record interest holders.b.Date of certified mailing:07/15/2005
mm/ddlyyyy
~c.Check here to certify that names and addresses of all record holders notified is attached.
2.Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or
terminating the AUL,a copy of the AUL was/will be prOVided to the Chief Municipal Officer,the Board of Health,the Zoning
Official,and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and
Use Limitation is located.
3.Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or
terminating the AUL,a Legal Notice was/will be published In a newspaper with circulation in the community(ies)where the
property subject to the AUL is located.
4.Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies)
where the property subject to the AUL is located,a copy of the notice was/will be submitted to DEP.
5.Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or
terminating the AUL,a certified copy of the AUL,including the LSP Opininon containing the material facts,data,and other
information,will be submitted to DEP.
o
o
6.Check here if any non-updatable information provided on this form is incorrect,e.g.Site Address/Location Aid.Send
corrections to the DEP Regional Office.
7.If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome
Statement is being submitted,check here to certify that the LSP Opinion containing the material facts,data,and other
information Is attached.
G.CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMm AL FORM:
1.I,
property(les),subject to the AUL
2.
4.Name of Organization:
5.Contact First Name:
7.Street:
Signature
,attest under the pains and penalties of perjury that I am the owner of said
3.Date:
mm/dd/yyyy
6.Last Name:
8.Tjlfe:
9.City/Town:
12.Telephone:
ReVised:06/27/2003
13.Ext.:
10.State:
14.FAX:
11.ZIP Code;
Page 30f4
ACTIVITY &USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number
2J -121067
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
Pursuant to 310 CMR 40.1056 &40.1070 -40.1084 (Subpart J)
BWSC113
1-1.CERTIFICATION OF PERSON MAKING SUBMITTAL:
1.I,Malcolm G.Deacon,J r.,attest under the pains and penalties of perjury (i)that I have personally
examined and am familiar with the information contained in this submittal,including any and all documents accompanying this
transmittal form,(ii)that,based on my inquiry of those individuals immediate Iy responsible for obtaining the information,the
material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and (iii)
that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal.lithe person or entity
on whose behalf this submittal is made amlis aware that there are significant penalties,including,but not limited to,possible
fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information.
Pursuant to 310 CMR 40.1074 (1 )(t),I also hereby certify under penalties of perjury,that either I (if person submitting the AUL
Transmittal Form is the property owner),or
Dominion Enerav Salem Harbor.LLC
(Name of person or entity recorded in Section 0)
o 7.Check here if the address of the person providing certification is different from address recorded in Section O.
2.Name of Property Owner
amlis identified on the Notice of AUL as the owner of the property subject to the AUL,owned such property on the date that the AUL
was recorded and lor registered
6.Date:
4.Title:
5.For:Dominion Energy Sale
3.By:
8.Street:
9.CitylTown:10.State:11.ZIP Code:
12,Telephone:13.Ext.:14.FAX:
YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO $10,000 PER
BILLABLE YEAR FOR THIS DISPOSAL SITE.YOU MUST LEGIBLY COMPLETE ALL RELEVANT
SECTIONS OF THIS FORM OR DEP MAY RElURN THE DOCUMENT AS INCOMPLETE.IF YOU
SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENAUZED FOR MISSING A REQUIRED DEADLINE.
Date Stamp (OEP USE ONLY:)
Revised:06/27/2003 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
ACTIVITY &USE LIMITATION (AUL)OPINION FORM
Pursuant to 310 CMR 40.1056 &40.1070 -40.1084 (Subpart J)
A.DISPOSAL SITE LOCATION:
1.Disposal Site Name:Dominion Energy Salem Harbor,LLC
2,Street Address:10 Blaney Street
BWSC113A
Release Tracking Number
[]-121067 I
Salem
3.Cityrrown:
13.THIS FORM IS BEING USED TO:(check one)
4.ZIP Code:01970-0000
~1.Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40,1074.
2.Provide the LSP Opinion for an Evaluation of Changes In Land Uses/Activities and/or Site ConditIons after a ResponseoActionOutcomeStatement,pursuant to 310 CMR 40.1080.Include BWSC113A as an attachment to BWSC113.Section A
and C do not need to be completed.
o
D
D
o
o
o
o
o
3.Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081 (4).
4.Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR
40.1083(3).
5.Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR
40.1083(1)(d).
6.Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071.
7.Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081 (3).
8.Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2).
9.Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c).
10.Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4).
(Unless otherwise noted above,all sections of this form (BWSC113A)must be completely filled out,printed,
stamped,signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or
registered with the Registry of Deeds andfor Land Registration Office.)
C.AUL INFORMATION:
'I.Is the address of the property subject to AUL different from the disposal site address listed above?
~a.No 0 b.Yes
2.Street Address:
3.Cityrrown:
Revised:06/27/2003
If yes,then fill out address section below.
4.ZIP Code:
Page10f2
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
ACTIVITY &USE LIMITATION (AUl)OPINION FORM
Pursuant to 310 CMR 40.1056 &40.1070 -40.1084 (Subpart J)
D.LSP SIGNATURE AND STAMP;
BWSC113A
Release Tracking Number
[]-p1067 I
t attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form,
including any and all documents accompanying this submittal.In my professional opinion and judgment based upon application
of (i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and (3),and 309 CMR4.03(2),and
(Hi)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief,
>if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M,G.L.c.21 E
and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1074;
>if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site ConditIons after a Response Action
Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c.
21E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1080:
'>if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental
Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being
provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 40.1081;
>if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use limItation,or a Release or
Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that
is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR
40,0000 and (ii)complies with 310 CMR 40.1083;
>if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G,L.c.21 E
and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1071;
>jf Section B indicates that 8 Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E
and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1085(4);
I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit
information which I know to be false,inaccurate or materially incomplete.
1.LSP #.7336
2.First Name:Dorothy 3.Last Name:McGlinc
4.Telephone:(978)656-3659 5.Ext.:6.FAX:(978)453-1995
7.Signature:
9.LSP Stamp:
Revised:06/27/2003
8.Date:5;.,;y/.tJ11 h.v J'l;7..oo{;_.-r
mm/dd/yyyy
Page 2 of 2
NOTIFICATION TO PROPERTY OWNERS
310 CMR 40.1074(1)(e)
1"RC
Customer-Focused Solutions
July 15,2005
Certified Mail,Return Receipt Requested
M.G.Deacon,Jr.
VP Fossil and Hydro Merchant Operations
Dominion
5000 Dominion Blvd
Glen Allen,VA 23060
Re:Activity and Use Limitation Notification,10 Blaney Street,Salem,Massachusetts
Dear Mr.Deacon:
The purpose of this letter is to inform you that a Notice of Activity and Use Limitation
(AUL)will be placed on the property at 10 Blaney Street in Salem,Massachusetts.The
Massachusetts Contingency Plan (MCP)regulations (310 CMR 40.1074(1)(e»require
notification to all current holders of any record interest in the property subject to the
proposed AUL.
The 10 Blaney Street property has been impacted by metals as a result of historical use of
the property as a tannery,from various filling activities at the site,and possibly from boat
maintenance.Chromium and lead are the primary contaminants of concem,and the
contamination is primarily limited to surface and subsurface soils,with low levels of
metals detected in on-site groundwater wells.
TRC Environmental Corporation completed a Phase II Comprehensive Site Assessment
on behalf of the owners in September 2004.The site-specific human health risk
assessment concluded that current site conditions do not present unacceptable risk to
recreational trespassers or off-site residents,but there is some unacceptable risk to future
unrestricted use of the site.Therefore,an AUL will be placed on the property.
The following are pennitted activities:
•Commercial and industrial activities and uses,including but not limited to
equipment storage,power plant operations,vehicular parking,pedestrian traffic,
and landscaping.
•Excavation of underground utilities andlor construction activities,provided the
work is conducted in accordance with a Soil Management Plan and a Health and
Safety Plan.
Boott Mills South,Foot of John Street·Lowell,Massachusetts OJ 852
Telephone 978-970-5600 •Fax 978-453-1995
Mr.M.G.Deacon,Jr.July 15,2005
•Other activities and uses which,in the Opinion of a Licensed Site Professional
(LSP)pose no greater risk of hann to health,safety,public welfare,or the
environment than the activities and uses listed above.
The following are prohibited activities:
•Use of the property as 'a residence,school,nursery,or daycare facility.
•Growing edible plants,such as vegetables and fruits,for the purpose of
consumption.
•Relocation of the subsurface chromium "hot spot"to shallower depths at the
property.
The following are the obligations and conditions that will be required in the AUL
Opinion:
•Annual inspection and documentation of landscaping activities to ensure no edible
plants,such as vegetables and fruit,are grown at the property.
TRC anticipates the final AUL language will describe activities similar to the activities
listed above.If you have any questions concerning this AUL notification,please contact
TRC at (978)970-5600,or Mr.Lou Arak,Dominion Energy,at (978)740-8361.Thank
you.
Sincerely,
TRC Environmental Corporation
~~*t/7Jl~~/Dorothyl..{.McGIincy,P(~~P
Senior Program Manager
Cc:Louis Arak,Dominion,Salem Harbor Station
Michael Fitzgerald,Dominion,Salem Harbor Station
Meredith Simas,Dominion,Brayton Point Station
2
TRC
--,---"-----7
,oOO,estic Return Rece!1Ji '
'2./''''70'05'''0390 DDD5(.
'f'S Form B811.Fbbrudry2~'
3.SeiViceTypeoCertffiedMall 0 'i:'xprnssMillI
L j1 nReg!$terod 0 Rerun:!ReoeIPt for M~1se1./IltJfY 51 -/JuL NoT 1f76 ,,!l1$UrOO M8}I,'0 G·O.O.,.,'~.4.F@strlcted DelIVery?(Extm Fee)0 Yes
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6240 7532
••Cori1pleteiteros1"2.and 3,Also complete
Item 4 if Restricled Delivery is desired.
'.Print your nameahd address on the reVeise
so that we.can returnthj3 card 10You .
••Attac!1 thi;i calF!1o,11113back of the inallpIecei
,'or on ·t~llilroht if space permits ..;
1.ArtlcI6~10:
-.•f.~,y,'
M.G.Deacon,Jr.
VP Fossil and Hydro Merchant Operations
;Dominion ',,~'
:5000 Dornirlion Blvd.
Glen Allen.V A 23060