dulong and labbee

Transcription

dulong and labbee

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COMMONWEALTH OF MASSACHUSETTS
ExECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street . Springfield, Massachusetts 01103 - (413) 784-1100
DEVAL L. PATRICK
Governor
IAN A. BOWLES
Secretary
TIMOTHY P. MURRAY
Lieutenant Governor
LAURIE BURT
Commissioner
April 1, 2008
Mercantile Buildings of Amherst, Inc.
45 South Pleasant Street
Amherst, MA 01002
Re: Amherst, RTN 1-10552
A.J. Hastings
Attn: Mary Broll
NOTICE OF AUDIT FINDINGS
AUL AUDIT INSPECTION
Dear Ms. Broll:
On March 19, 2008, the Massachusetts Department of Environmental Protection (the Department)
conducted an audit inspection at the location identified above. In particular, the audit inspection
focused on the area subject to a Notice of Activity and Use Limitation (APL), to evaluate
whether the requirements of the AUL were being met. This Notice informs you of the results of
the Department's audit.
DETERMINATION
The Department did not identify any violations of the requirements applicable to the AUL at the
site. A copy of the completed AUL Field Inspection Form is attached.
LIMITATIONS
The audit inspection did not include a compliance review of the Response Action Outcome
(RAO) Statement or Notice of AUL instrument. The RAO and AUL for this site received
compliance review/s during a previous audit. The current audit was focused primarily on
compliance with the obligation and maintenance conditions set forth in the AUL Notice.
The Department's findings were based upon the certainty of the information reviewed during the
audit. These findings do not: (1) apply to actions or other aspects of the site that were not reviewed
in the audit; (2) preclude future audits of past, current, or future actions at the site; (3) in any way
This information is available in alternate format Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD# 866-539-7622 or 617-574-6868.
DEP on the World Wide Web: http://ww.mass.gov/dep
Printed on Recycled Paper
C
I.
AMHERST, RiN 1-10552
NOSE OF AUDIT FINDINGS
2
constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR
40.0000, or any other law, regulation, or requirement; or (4) limit the Department'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. 21 E which the Department deems necessary to protect
health, safety, public welfare, or the environment.
If you have any questions regarding this letter, please contact Rebecca Woolley at 413-755-2263.
Please reference Release Tracking Number 1-10552 in any future correspondence to the
Department regarding the site.
Since ly,
Rebecca L.
o
y
Environmental Ana
t
sJ hn Ziegl r
Section Chief, Audits/Site Management
Bureau of Waste Site Cleanup
Attachment: AUL Field Inspection Form &AUL Sketch Plan
ec:
Amherst Board of Selectmen/Chief Municipal Officer
Amherst Board of Health/Health Department
Maria Pinaud, Audit Coordinator, DEP-Boston
Data Entry: AUL/SNAUDI; AUDCOM/NAFNVD; FLDRUN 03/19/2008
~
i
MASSACHUSETTS DEIMENT OF ENVIRONMENTAL PROTECTION
RELEASE TRACKING NUMBER
1
Western Regional Office/Bureau of Waste Site Cleanup
AUL FIELD INSPECTION FoRM
Site Name&"AZJ)
1-N,'
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'AUIJIINO1BIMATIONtrilled 6it bfj'S$?&iink/Offi Staffi$
6
Dat ecorded
d 2 004 AR'E
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f
q
10552
TOWN: AMHERST
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SITE INSPECTION (filled out by Field Staff)
Boundaries of AUL area(s) identifiable?
0 Yes
No
Complete access to all AUL area(s)?
Z Yes
No
Evidence
of
recent
excavation/disturbance?
No
Yes
;ear
FEvidence of recent construction?
No
Yes
O
Remediation Waste present?
No
Yes
El
Indication of potentially serious site conditions? El Yes ZNo
Other Notes: Chris Phohl, Manager of AJ Hastings granted verbal
access to conduct the inspection without escort. The entire AUL
area was visible during the inspection.
i tio
fAfULi
no
Bildkings SPavement tlp/o
sl
b.EdY
E'tmn c
er
561v
OBSERVED ACTIVITIES AND USES
El Residential
es I
D Daycare [l School
[l Playground
El Industrial El Excavation 0 Construction
Comments:
E Commercial
E Recreation
{
INiW a[
Asciaitiiig
pac'im
odiub
Paved parking area serving multiple commercial stores.
visi
uImiyiesconsi
3'<
t&
4INCdNISES
tAt
VIOLATION OBSERVED:
E f/RSTIIICr IACYIVniT5IESNUSS
fR~jaiSii
Dyh
Sl~N~srcih<E
A'
[EI
diec
bitbt'
id
di6e r
S61i
belowdldad)ve&
p a ad
v
El
El
El
etif.5Jp f~iif
S
vatiion'Car m*flnScdeating
'.Aniact'ii.ortV
ttasi
ve,.:,
.'-tAt~it~
Residential
Playground
El
Day Care
El
Excavation
El
Construction
School
El Recreation
El Park
E Disturbance
El Fruits/veggies El
Flowers/landscaping
Comments:
orremoval of iiactednsoilfro
f
nf6fEstlinsitga
i~.
ejprohtbited withffti6-no-ifict-a
I
ie
l
No excavation or disturbance of the paved AUL area was observed
nti
t
VIOLATION OBSERVED:
SOBBIZATIONS
AND. ONDI IONS
v
'
concree o,
n a d etav
t atcracing
o f integyoftIier
o
Plnnr
r
Z No
Yes
El Possible
OBSERVED CONDITIONS
Z Pavement
Plossl
rei
El Yes El Possible
ES AND USES
Gardening - type:
aritsuh
rfa Mai
0 No
El Signs/notices
[] Cap/cover/liner
Comments:
Pavement was observed to be in adequate condition over the AUL
area.
Peitt66rfcti vit ia ifdt hsbstiicondti/a/w the
'requireent setorfth inithictd h6 en
VIOLATION OBSERVED:
C m d
b "Date:om
Keefe
8/4/0
Z No
Completed by: Rebecca Woolley
El Yes
E Possible
Inspection Date: 3/19/08
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THE AMHERST
C9URT
BOOK 211
PAC 59
TRUST
N/F
AMHERST SAVINGS BANK
BOOK1636PagO
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PLEASANT
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PLANBOOK|I6
PAE3
Woolley, Rebecca (DEP)
From:
Sent:
To:
Subject:
Woolley, Rebecca (DEP)
Tuesday, April 01, 2008 3:07 PM
'[email protected]'; '[email protected]'
Notice of Audit Findings for RTN 1-10552, 45 South Pleasant Street, Amherst
Attachments:
1-0010552.doc
In an effort to reduce postage and paper costs, DEP WERO employees have been asked to provide "carbon copies" by email whenever possible. Consequently, I am sending you the attached letter electronically. In accordance with DEP
WERO guidance regarding electronic cc's, the document is protected to prevent editing. However, you should be able to
view and print the letter. You will not receive a hard copy of this document by mail. Please retain a copy of the attached
file with any records you may have regarding this matter. If you have any questions, or if you have difficulty opening this
attachment, please contact me at the number listed below or reply by email.
1-0010552.doc
(117 KB)
Sincerely,
Rebecca L. Woolley, LSP
BWSC - Audits/Site Management
MassDEP, 436 Dwight Street
Springfield, MA 01103
[email protected]
Tel: 413-755-2263
Fax: 413-784-1189
1
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
436 Dwight Street. Springfield, Massachusotts 01103
*
(413) 784-1100 - FAX (413) 784-1149
MITT ROMNEY
Governor
ELLEN ROY HERZFELDER
Secretary
KERRY HEALEY
Lieutenant Governor
ROBERT W. GOLLEDGE, Jr.
Commissioner
Amherst, MA 01002
Attn: Mary Broll
August 9, 2004
A.J. Hastings
AUL
NOTICE OF AUDIT FINDINGS
AUL INSPECTION AND SCREENING AUDIT
Dear Mr. Broll:
On August 6, 2004, the Massachusetts Department of Environmental Protection (the Department)
conducted an audit inspection at the location identified above to observe conditions related to an
area subject to a Notice of Activity & Use Limitation (AUL). The Department's audit of this site
consisted of a compliance screening audit of the AUL corrective document received on March 1,
2004, and an inspection of the area subject to the AUL. In particular, the audit inspection focused
on the obligations and conditions of the AUL. The audit did not include a compliance review of
the Response Action Outcome (RAO) Statement, which received a compliance review during a
previous audit. This notice informs you of the results of the Department's audits.
AUL AUDIT INSPECTION
The audit inspection focused on determining whether activities and uses at the site are consistent
with the terms and conditions of the AUL, and whether obligations and conditions required to
maintain a condition of No Significant Risk are being met.
The Department did not identify any violations of the requirements applicable to the AUL at the
site at the time of the inspection. A copy of the AUL Field Screening Form is attached.
AUL CORRECTIVE DOCUMENT SCREENING AUDIT
A compliance screening audit of the AUL-corrective document was performed to ensure that the
corrective document meets the requirements of the Massachusetts Contingency Plan (MCP), 310
CMR 40.0000.
This information isavailable in alternate format. Call Donald M. Comes, ADA Coordinator at 617-556-1057. TDD Service - 1-800-298-2207.
DEP on the World Wide Web: http://w .mass.gov/dep
AMHERST, RTN 1-10552
N
2
E OF AUDIT FINDINGS
The Department did not identify any violations of the requirements applicable to the AUL
corrective document implemented for the site.
LIMITATIONS
The Department's findings were based upon the certainty of the information reviewed during the
audit. These findings do not: (1) apply to actions or other aspects of the site that were not reviewed
in the audit; (2) preclude future audits of past, current, or future actions at the site; (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 law, regulation, or requirement; or (4) limit the Department'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. 2 1E which the Department deems necessary to protect
health, safety, public welfare, or the environment.
If you have any questions regarding this letter or any requirements contained in it, please contact
Thomas Keefe at 413-755-2117. Please reference Release Tracking Number 1-10552 in any
future correspondence to the Department regarding the site.
Sincerely,
Thomas Keefe
Environmental Analyst
Abby Kingman
Acting Section Chief, Audits/Site Management
Attachment: AUL Field Screening Form
ec/cc: Alan Weiss, Cold Spring Environmental Consultants, Inc., LSP-of-Record
Amherst Board of Seleictmen
Amherst Board of Health
Data Entry: AUL/SNAUDI; AUDCOM/NAFNVD; FLRDRUN/08/06/04
Thomas M. Potter, Audit Coordinator, DEP-Boston
MASSACHUSETTS DE
TMENT OF ENVIRONMENTAL PROTECT
Western Regional Office/Bureau of Waste Site Cleanup
1-
AUL FIELD SCREENING FORM
eame: AA Jia
J
,Si S Name
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tin~2<J
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'Gdings!ofl Xrrtlnc.
Phond (413) 253-2840'
dress 45-SouthrPleisant Street
AUL ThNFORMATION (filled.outbyScreeninAUOjice Stiff)
bescriptionofAlULarea t time of filing
Amend;AULfild
3/20/03
oBuilding(s) * Pavement, o Cap/Cover
o Grassed/lsandscapd' o Other
Additional details/other relevant info on-AUL area(s):
;AUL covers:' o Property m:Portion of the Property
o Unclear
SITE INSPECTI ON (filled out by Field Staf)
Evidence of recent excavation/disturbance?
Evidence of recent construction?
Indication of potentially serious site conditions?
u Yes
u Yes
o Yes
o Yes
o Yes
o Yes
o No
o No
w No
* Nd
* No
m No
Other Notes:
I.
PERMITTED ACTIYITIES AND SES"
o Playground
o School
o Daycare
ch6o6 - o Plavground 4- JQ o Residential
o 56b
o Daycar6
Residential
u Commercial o Industrial o Excavation o Construction
* Inddstfial' o Fxcavation o Consfructiond
* Commercial
Comments:
o Recreation
, Othet/Details/Cbnditions: Asphalt'paving,
o Recreation
and use as a paved suifnd drive afparking area; placement
The first floor of the building is in commercial use. Activities
of utilities consistent with the provisions bilow; periodic
in the other levels of the building were not observed.
a intenance of aved asphalt aid utility lines consistent:--..
with the provision below:
'
VIOLATION OBSERVED: mNo o Yes o Possible
INCONSISTENT/RESTRCTED ACTIVITIES AND USES
o Day Care
o School
o Recreation
o Park
Playground
siDisturbance
w Excavation
,o Construction
o Friits/Veggies o Flowers/Liandscaping
o6Gardening:
Other/Details/Cbnditions:, Any activities and uses that in olve
.direct,contact, disturhance,extavation or removal of
impacted soiifrom the AUL area below a depth of 3 feet
from existing site gradeare pfrohibited without prior
o Residential
-
-
-o
notification and',approvalI of an
'
LSPip
nVIOLATION
o School
o Residential
o Day Care
o Playground
o Construction
o Gardening:
Comments:
o Recreation
o Park
o Disturbance
o Excavation
o Fruits/Veggies o Flowers/Landscaping
No violations were observed.
OBSERVED:
mNo o Yes o Possible
OBSERVED CONDITIONS
OLIGATIONS ANrdCONDITIONS
Maintain Pavement
m Mairitdii other cap/covr/lner
*7 m Pavement o Cap/Cover/Liner
o Signs/Notices
Comments:
-Soil Management Plan -o Health & Shfety PIaA
o Maintain Signs/Notiees Other/DetailsCnditionsThe asphalt paved surface is in good condition.
Placement and maintenance of a contiriions lay'er of
concrete or asphaltgwith amin. thickiiessof three inches over
the AUL area. The capping layer nust be iaintained such,
;that cracking indspottingdobhttesultita sigiitiant- ds'ff
"t
,-r
a2d
eye-pment and-excavation;
integrity of thesurfaceFuture ddevelopn
fdormeedunder Peiniitteb Activitiestand .Usesrust bev'
performedLiAW tSh e'qireie nt set forth in thistdocument.,
VIOLATION OBSERVED: * No o Yes o Possible
-- $x9I4
v Additional Comments/Notes on Reverse Side: * No o Yes
5t
Ye t-dbfoi
ITst'h
ompeeb:'
Ke
e58
4--
Completed by: Thomas Keefe
Inspection Date: 8/6/04
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BULKLEY, RICHARDSON AND GELINAS, LLP
B&G
SPR NGFIELD
BOSTON
LAW OFFICES
1500 MAIN STREET.
ROBERT 8. ATKINSON
SUITE 2700
KEVIN C. MAYNARD
MARK D. CRESS
ELIZABETH H. SILLIN
JEFFREY S. MORNEAU
VANESSA L. SMITH
DEBRA A. QUINN
FRANCIS 0. DIBBLE. JR.
MARY J. KENNEDY
J. MICHAEL SCULLY
JAMES C. DUDA
KELLY A. MCCARTHY
DANIELJ. FINNEGAN
HAMILTON DOHERTY. JR.
MELINDA M. PHELPS
ROBERT A. GELINAS
POST OFFICE BOx 15507
STEPHEN W. SCHUPACK
SPRINGFIELD, MA 01115-5507
MARTIN D. TURPIE
PETER ROTH
TEL
FAX:
(413) 761-2820
(413) 272-6806
E-MAIL: [email protected]
RONALD P. WEISS
MICHAEL H. BURKE
PETER H. BARRY
DAVID A. PARKE
FELICITY HARDEE
CHRISTOPHER
B. MYHRUM
DEBORAH
D. FERRITER
JEFFREY E. POINDEXTER
KATHERINE A. ROBERTSON
SANDRA J. STAUB
KATHLEEN LEITAO BERNARDO
GEORGE W. MARION
DONN A.
ELLEN M.
SCOTT W. FOSTER
RANDLE
JOSHUA P. GREY
JENELLE C. DODS
CHRISTINE Y. LE BEL
ANDREW J. DRAYER*
COUNSEL
CAROL E. KAMM*
PHILIPJ. TARPEY. JR.
RANDALL'
*REIOENT
IN BOSTON OFFICE
April 2, 2003
HAND DELIVERY
Abby Kingman, Acting Section Chief
Department of Environmental Protection
Western Regional Office
436 Dwight Street
RE: Mercantile Buildings of Amherst, Inc., 45 South Pleasant Street, Amherst, MA
RTN No.: 1-10552
Dear Abby:
As required by the Department's Notice of Audit Findings in the above captioned matter,
I am enclosing copies certified by the Hampshire County Registry of Deeds of the following
documents we are submitting on behalf of Mercantile Buildings of Amherst, Inc.:
1. Amendment and Ratification of Notice of Activity and Use Limitation ("A&R of
AUL") recorded on March 20, 2003, bearing book and page numbers and including
all exhibits;
2. Copy of the current deed bearing a marginal reference to the book and page for the
A&R of AUL above; and
3. First page of the original Activity and Use Limitation recorded February 3, 1995,
bearing a marginal reference to the book and page for the A&R of AUL above.
Also enclosed are the following DEP forms:
K
V
0
OC
Abby Kingman, Acting Section Chief
April 2, 2003
Page 2
4. Post-Audit Completion Statement (BWSC-l 11) signed by Alan Weiss of Cold Spring
Environmental Consultants, Inc. and Mary Louise Broil of Mercantile Buildings of
Amherst, Inc.;
5. Activity and Use Limitation Transmittal Form (BWSC-1 13) signed by Ms. Broil.
Copies of the following items regarding public notice are also enclosed:
6. Letters from this office to Amherst Select Board, Board of Health, Planning
- Department, and Building Commissioner/Zoning Enforcement Officer;
7. Legal notice published in the March 29-30, 2003, edition of the Daily Hampshire
Gazette.
It is our understanding that Mercantile Buildings of Amherst, Inc. now has complied with
all of the requirements set forth in the Notice of Audit Findings.
Thank you for your attention. If you have any questions or comments, please do not
hesitate to contact me.
Yours Truly,
J
W
Christine LeBel
Enclosures
Cc:
Mary L. Broil, Mercantile Buildings of Amherst, Inc. (via U.S. Mail, w/o enels.)
Alan Weiss, Cold Spring Environmental Consultants, Inc. (via U.S. Mail, w/encls.)
'kl2
Massachusetts Department of Environmental Protection
BWSC-111
AUDIT FOLLOW-UP PLAN TRANSMITTAL FORM
a
acking Number
& POST- AUDIT COMPLETION STATEMENT
-
eosa
Pursuant to 310 CMR 40.1160 - 40.1170 (Subpart K)
A. SITE LOCATION:
(YLt
A(CLe
Site Name: (optlona)
1
Street
9N_
_
b(0-S
PLGA54'T
ATl-H
City/Town:
13JI
_
_
Tier Classification Status: (check one)
_
ZIP Code:
__T
E
TB1lier
Classified
/C
.
Location Aid:
*ST
_
r
MM S~
(r
Tier 2
E
Tier I
.
lOO-.
Permit Transmittal Number:
Related Release Tracking Numbers that this Form Addresses:
B. THIS FORM IS BEING USED TO:
. .
(check one)
Submit an Audit Follow-Up Plan (complete Sections A, B,C, D,Eand F).
Submit a Modified or Revised Audit Follow-Up Plan (compete Sections A,B,C,D.E and F).
Submit a Post-Audit Completion Statement (complete Sections A, B, C,D,E and F).
You must attach all supporting documentation for the use of form indicated, including copies of
any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400.
C. LSP OPINION CERTIFICATION:
I attest under the pains and penalties of perjury that I have personally examined and am familiar with the information contained in this transirttal formi,.
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 (iii) the provisions of 309 CMR 4.03(5), to the best of my knowledge,
information and belief.
> it Section B of this form, indicates that an Audit Follow-up Plan, ora Modifed or Revised Audit Follow-up Ran is being submitted, the response action(s)
that is (are) the subject of this submittal (i) has (have) been developed in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000,
(ii)is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of M.G.L c. 21 Eand
310 CMR 40.0000 and (lii) complies(y) with the identified provisions of al orders, permits, and approvals identified inthis submittal;
> if Section B of this form, indicates that an Post-Audit Completion Statement is being submitted, the response action(s) that Is (are) the subject of this
submittal (I) has (have) been developed and implemented inacordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000, (ii)Is (are)
appropriate and reasonable to accomplish the purposes of such response action(s) as set forth In the applicable provisions of M.G.L c. 21E and 310 CMR
40.0000 and (iii) complies(y) with the identified provisions of all orders, permits, and approvals identilfied inthis submital.
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 rnaterially incomplets.
]
Check here ifthe Response Action(s) on which this opinion is based, if any; are (were) subject to any order(s), permit(s) and/or approval(s) issued
by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable provisions thereof.
.tSP #*
LSP Name:
Street
City/Town: .
Telephone:
3~)
oLb
3ac
iM tL.2..
Stamp:
s,0et~~Tb
$ Et7D~AtJ
State:
0A
ZIP Code:
o 420
..
4~3- 323-S3SR
FAX: (optional)
Signature: -
Revised 11/30/1999
113 -373U
J
q9ie~
Date:
Do Not Alter This Forn
DRAFT
Page 1 of 2
Massachusetts Department of Environmental Protecti
BWSC-1 11
Release Tracking Nurber
AUDIT FOLLOW-UP PLAN TRANSMITTAL FORM
& POST AUDIT COMPLETION STATEMENT
Pursuant to 310 CMR 40.1160 - 40.1170 (Subpart K)
D. PERSON RESPONDING TO AUDIT:
Name of Organization:
Name of Contact
I N?
HR
street
E
.
OF Q A
S
((2-A.L
V Job
B-C
tsr.
kJ C
Tile-
,sAkr bT
V4nP
City/Town:
eM HGVZ5T
Telephone:
1.1- £9 3- 241So
State:
Ext.:
ANN
-
ZIP Code:
0
1OO4
FAX:
-
(optic
LlCheck here ifthere has been a change In the person undertaking Response Actions at the Site since the previous submittal to DEP.
E. RELATIONSHIP TO SITE OF PERSON RESPONDING TO AUDIT:
RP or PRP
Specify [
Owner []
Operator
f]
Generator
E
Transporter
OtherRPorPRP:
Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L c. 21E. s.2)
]
Agency or Public Utility on a Right of Way (as defined by M.G.L c, 21E. s.S5(j)
Any Other Person Responding to Audit
Specify Relationship:
F. CERTIFICATION OF PERSON RESPONDING TO AUDIT:
, ir-P "
L_-0
1 Z TZ
P
, attest under the pains and penalties of perjury (i) that I have personally exarnined 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 Immediately 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 Iam 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 arnis aware that there are significant penalties, Including,
info
but not limited to, possible lines a d imprisonment for willfully submitting false, inaccurate, or incompl
Tite:
r
By
(signature)
4
L-41C4SE'
For
Fp-OY-L--
Date:
-
I
6
(print name of'person or entity recorded in Section 0)
Enter address of person providing certification, if different from address recorded in Section 0:
Same-
Street
State:
Cityrrown:
Telephone:
Ext.:
ZIP Code:
FAX-
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS
INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING
A REQUIRED DEADLINE.
Revised 11i30l1999 .
Do Not Alter This Form
DRAFT
Page 2 of 2
Massachusetts De tment of Environmental Prtec'
BWSC-113
ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM
Pursuant to 310 CMR 40.1056 and 40.1070 -40.1084 (Subpart J)
toCD iease Tracking Number
o
A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL:
Disposal Site Name:
Street:
ME
9C
-ANJT
Sgdff
BUILb4J6.5
I
A
/F
at=AsAT
/
\
Location Aid:
iCMWg g_'
CityITown:
P
..wC .
A
ZIP Code:
Address of property subject to AUL. If different than above.
Street:
CityfTown:
ZIP Code:
Check here if this Disposal Site Is Tier Classified.
n
If the Disposal Site subject to the AUL is also subject to a Tier I Permit, provide the Permit Number
Related Release Tracking Numbers affected by this AUL:
(check one)
r]
Submit a certified copy of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074 (complete all sections of this form).
[T'Submit a certified copy of an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4)
(complete all sections of this form).
Submit a certified copy of a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3)
(complete all sections of this form).
H
Submit a certified copy of a Grant of En'vironmental Restriction, pursuant to 310 CMR 40.1071, (complete all sections of this form).
- Submit a certified copy of an Amendment of Environmental Restriction, pursuant to 310 CMR 40.1081(3) (complete all sections of this form).
f
Submit a certified copy of a Release of Environmental Restriction, pursuant to 310 CMR 40.1083(2) (complete all sections of this form).
You must attach all supporting documentation for the use of form Indicated, including copies of
any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400.
C. AUL INFORMATION:
Date AUL was recorded and/or registered with Registry of Deeds and/or Land Registration Office:
MLAP& VA 20. 200'2
Name of Registryof Deeds and/or Land Registration Office where AULwas recorded and/or registered:
Book and Page Number and/or Document Number of recorded and/or registered AUL:
'toCK
4AMPC
i
iH
-P A&:1
'numTY
-
D. PERSON SUBMITTING AUL TRANSMITTAL FORM:
M6CfJ'TAS
NameofOrganization:
M t-/
Name of Contact:
1.
Street:
95 50o-H
Cityrrown:
. AMt4
Telephone:
3 -- 253 - 28".)
c
BU/L10v65
AM.ST
ZJC-
Title:
.L
PW AA4T
5T'
State:
__EST_
Ext.:
(4'
ZIP Code:
0100
FAX: (optional)
E. OWNER OF PROPERTY, IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM:
Provide a mailing address for the owner of the property If that person Is not submitting the AUL Transmittal Form.
Provide addresses for additional owners on an attachment.
Siqme
Title:
Name of Contact:
Street:
City/Town:
Telephone:
Revised 5/8195
State:
.
Ext.:
ZIP Code:
FAX: (optional)
Do Not A/ter This Form
Page 1 of 2
Massachu fls Department of Environmental
Bureau of lfste Site Cleanup
tection
BWSC-1 13
ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM
Release Tracking Number
Ei lii
Poirslaln t$3,10 CMR 40.1056 and 40.1070 - 40.1084 (Subpart J)
1
F. RELATIONSHIP TO D6SPdSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM:
RP or PRP
Specif: (?('Owner
Q
Operator
(9
Generator
Q
Transporter
-ss-
(check one)
Other RP or PRP:
Fiduciary. Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21E. s. 2)
[
i
E
Agency or Publi Utility n'a-Right of Way (as defined by M.G.L. c. 21E,s. 5(j))
Specify Relationship:
Any Other Person Submitting AUL
G. CERTIFICATION OF PERSON SUBMITTING AUL TRANSMITTAL FORM:
1.
, 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 immediately 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 (ii) 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.
V
By:
.aL
.
A
Title:
Q
,- A
A
(signature)
For:
KLFjo
MtKr-q IIYi
(print name of person or entity recorded in Section D)
Date:
6-2
Enter address of person providing certification, if different from address recorded in Section D:
Sin.
Street:
Cityrrown:
Telephone:
State:
Ext.:
ZIP Code:
FAX: (optional)
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS
INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING
A REQUIRED DEADLINE, AND YOU MAY INCUR ADDITIONAL COMPLIANCE FEES.
Revised 5/8/95
Do Not Alter This Form
Page 2 of 2
BK 0 110 3 PG 0 2 3
Bk: 7103Pg: 23 Page: 1 of 7
Recorded: 03/2012003 08:55 AM
-
-
-AMENDMENT
AND RATIFICATION OF NOTICE OF ACTIVITY AND USE LIMITATION
(for amending and ratifying a Notice of Activity and Use Limitation recorded on or before October 29, 1999)
This Amendment and Ratification of Notice of Activity and Use Limitation ("Amendment and
Ratification") is made as of this _ep day of March, 2003, by Mercantile Buildings of Amherst, Inc., 45.South
4-)
Pleasant Street, Amherst, Massachusetts, together with his/her/its/their successors and assigns (collectively
"Owner").
4J
WITNESSETH:
WHREAS, Owner is the owner in fee simple of a certain parcel of land located in Amherst, Hampshire
County, Massachusetts ("Property"), pursuant to a deed recorded with the Hampshire County Registry of Deeds in
Book 922, Page 81;
WHEREAS, the Property comprises a disposal site, or part of a disposal site, as the result of a release of oil
and/or hazardous material ("the Disposal Site"). Response actions have been selected for the Disposal Site in
04
accordance with M.G.L. c.21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("the
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 groundwater, and/or (b) the restriction of certain activities occurring in, on,
through, over or under the Property or a portion thereof. The Department of Environmental Protection has identified
the Disposal Site as Release Tracking Number 1-10552;
WHEREAS, on February 3, 1995, Mercantile Buildings of Amherst, Inc. filed a Notice of Activity and Use
Limitation with Hampshire County Registry of Deeds in Book 4623, Page 84 imposing an activity and use limitation
on a portion of the Property ("the Original AUL"). The portion of the Property affected by the AUL is hereinafter
referred to as "the AUL Area." The AUL describes activities and uses that are permitted within the AUL Area, and
defines obligations and conditions that must be maintained within the AUI Area. The AUL also describes uses and
activities which, if carried out within the AUL Area, could result in Significant Risk to health, safety, public welfare
or the environment due to potential exposure to residual contamination.
c~
4.
0
WHEREAS, the following amendment and ratification of the Original AUL by the Owner is necessary to
ensure that a condition of No Significant Risk is maintained at the Disposal Site;
b
C4
NOW, THEREFORE, Owner hereby amends the Original AUL as follows:
The basis of the Original AUL, as amended herein, is an Activity and Use Limitation Opinion CAUL
Opinion"), prepared by a Licensed Site Professional and attached hereto as Exhibit B. Said AUL Opinion
co
cc
replaces and supercedes any AUL Opinion contained or referenced in the Original AUL.
Site Activities and Uses
The following descriptions of Permitted Activities and Uses, Activities and Uses Inconsistent with the AUL
0'
Opinion, an Obligations and Conditions replace and supercede those contained in the Original AUL.
flr
1. Permitted Activities and Uses. A condition of No Significant Risk to health, safety, public
welfare or the environment exists for any foreseeable period of time so long as any of the following
-
activities and uses occur within the AUL Area:
a.
Industrial, Commercial and Residential activities and uses that are not inconsistent with
the activities and uses in section 2.
b.
Such other activities.and uses that, in the opinion of an LSP, shall present no greater risk
of harm to health, safety, public welfare or the environment than the permitted activities
and uses set forth in this section.
c.
Asphalt paving as noted in section 3 and use as a paved surface drive or parking area.
d.
Placement of subsurface utility lines as is consistent with sections 2 and 3.
B 0 ~1IO 3 PG 0 2 4
e.
Periodic Maintenance of paved asphalt and above mentioned utility lines, provided work
is consistent with sections 2 and 3.
f.
Such other activities and uses not identified below as Activities and Uses Inconsistent
with the AUL.
2. Activities and Uses Inconsistent with the AUL Opinion. The following activities and uses, if
implemented within the AUL Area, may result in a Significant Risk of harm to health, safety, public
welfare or the environment:
a.
Any activities or uses that involve direct contact, disturbance, excavation or removal of
impacted soil from the AUL area below a depth of 3 feet from existing site grade (i.e.
below the paved pad), are prohibited without prior notification and approval of a
Licensed Site Professional.
3. Obligations and Conditions. The following obligations and/or conditions must be maintained
within the AUL Area in order to maintain a condition of No Significant Risk:
a.
Placement and maintenance of a continuous layer of concrete or asphalt with a minimum
thickness of three inches over the AUL area. The capping layer must be maintained such
that cracking and potting do not result in a significant loss of integrity of the surface.
b.
Future development and excavation performed under "Permitted Activities and Uses"
must be performed in accordance with the requirements set forth in this document.
Except as expressly amended herein, the Original AUL is hereby ratified and confirmed. Owner authorizes
and consents to the recordation of this Amendment, which shall be deemed to be effective as of the date the Original
AUL was recorded and/or registered.
WITNESS the execution hereof under seal this
cA
day of 'i
2003.
Name:-
0-)N.E-
Tide:
Mercantile Buildings of Amherst,
Inc.
HAMPSHIRE, SS
Then personally appeared the above-namedd
foregoing instrument to be his free act and deed before me,
/.
2003
acknowledged the
Public:
Commission Expires:
7/26/00
0K0 l10 3 PG 0 2 5
The undersigned Waste Site Cleanup Professional certifies that, in his opinion, the terms of the Original
AUL, as amended herein, are consistent with the AUL Opinion attached hereto as Exhibit B, and are appropriate to
maintain a condition of NO Significant Risk at the Disposal Site.
Date: ftrex-L zco}
Alan E. Weiss
Cold Spring Environmental
O
[L
o
*' ALAN
E.
WEISS
No. 6442
ONWEALTH OF MASSACHUSErfS
,p, GIS-T
HAMPDEN,
TE
Then personally appeared the above-named
44
foregoing instrument to be [his] [her] free act and deed before me,,
..
' t.
,.
2003
//-rar
and acknowledged the
4y. SXA . otary Pqb1ic:
My Commission Expires
,
so, .ot
Upon recording, return to:
Bulkley Richardson & Gelinas
1500 Main Street, Suite 2700
.P.O. Box 15507
Springfield, MA 01115-5507
Attn: Christine Y. LeBel
7/26/00
*BKO0110O3PGO2
b
EXHIBIT B
Page 1
Activity and Use Limitation Opinion
45 South Pleasant Street, Amherst, MA 01002
DEP RTN: 1-10552
In accordance with the requirements of 310 CMR 40.1074 and 310
CMR 40.1081, this Activity and Use Limitation (AUL) Opinion has
been prepared for a portion of the land owned by Mercantile
Buildings of Amherst, A Corporation Sole located at 45 South
Pleasant Street in Amherst, Massachusetts. This AUL Opinion
replaces and supersedes the one contained in the Original AUL for
Release Tracking number 1-10552. The portion of the property
affected by the Original AUL and this Amendment is referred to as
the "AUL area" and is shown on a survey plan that was recorded in
the Hampshire County Registry of Deeds in Plan Book 4623, pp. 8990.
SITE HISTORY AND USAGE
The subject site is located in a mixed-use commercial and
residential area of Amherst on a commercial property that was
developed more than 50 years ago. The site has operated as a
retail store and parking area for at least the last fifty years.
A release of hydrocarbons from a former 3,000 gallon underground
#2 fuel oil tank was detected in 1994.
An Immediate Response
Action ("IRA") included the removal of nearly 15 cubic yards of
impacted soil during remedial measures conducted in 1994.
Initial and follow up soil borings and monitoring wells
documented remaining levels of hydrocarbons in soil and low
hydrocarbon release conditions in groundwater. These were
detailed in a Groundwater and Soil Assessment letter on December
2 7 th, 1994 and in a Response Action Outcome and Method I Risk
Assessment in January, 1995, by Cold Spring Environmental, Inc.
A paved pad currently overlies the area of the tank removal,
which makes the impacted soil only potentially accessible. As
defined by 310 CMR 40.0933, the frequency of exposure by children
to the soil is low, in that children are only present at
infrequent intervals and their intensity of use is low. While
the frequency of use by adults is high, their intensity of use is
low.
ACHIEVEMENT AND MAINTENANCE OF NO SIGNIFICANT RISK
The Method.1 Risk Assessment showed extractable petroleum
hydrocarbons present in site soils at concentrations exceeding
"Method 1, S-1 Concentrations" at depths of 5 to 10.5 feet.
Identified exposure pathways that present a risk to human health
consist of direct dermal contact or ingestion of these impacted
soils. However, no vapor migration or leaching was demonstrated
and the impacted area is not located adjacent to any basement
B*011I03PG21
EXHIBIT B
Page 2
DEP RTN: 1-10552
area. A paved pad overlies the area of the tank removal.
Because the impacted soils are in excess of three feet below
grade (below pavement), any potential exposures can be
eliminated, and a condition of No Significant Risk maintained,
through the implementation and maintenance of an AUL that
restricts access to the impacted soil. As such, we recommend
reliance on this AUL and the 'Method I Risk Assessment.
1. Permitted Activities and Uses Set forth in the AUL Opinion.
This AUL Opinion provides that 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 in the AUL
area:,
a. Industrial, Commercial and Residential activities and
uses that are not inconsistent with the activities and uses
in section 2.
b. Such other activities and uses that; in the opinion of an
LSP, shall present no greater risk of harm to health,
safety, public welfare or the environment than the permitted
activities and uses set forth in this section.
c. Asphalt paving as noted in section 3 and use as a paved
surface drive or parking area.
d. Placement of subsurface utility lines as is consistent
with sections 2 and 3.
e. Periodic Maintenance of paved asphalt and above mentioned
utility lines, provided work is consistent with sections 2
and 3.
f. Such other activities and uses not identified below as
Activities and Uses Inconsistent with the AUL.
2. Activities and Uses Inconsistent with the AUL Opinion.
Activities and uses which are inconsistent with the objectives of
this AUL Opinion and which, if implemented in the AUL Area, may
result in significant risk of harm to health, safety, public
welfare or.the environment or in a substantial hazard, are as
follows:
a. Any activities or uses that involve direct contact,
Bi 0 110 3 PG0 2 8
EXHIBIT B : Page 3
DEP RTN: 1-10552
disturbance, excavation or removal of impacted soil from
the AUL area below a depth of 3 feet 'from existing sitegrade (i.e. below the paved pad), are prohibited without
prior notification and approval of a Licensed Site
Professional.
3.
Obligations and Conditions Set Forth in the AUL Opinion.
The obligations and/or conditions to be undertaken and/or
maintained in the AUL Area to maintain a condition of No
Significant Risk as set forth in this AUL Opinion shall include
the following:.
a. Placement and maintenance of a continuous layer of
concrete or asphalt with a minimum thickness of three
inches over the AUL area.
The capping layer
zst be
maintained such that cracking and potting do not result
in a significant loss of integrity of the surface.
b. Future development and excavation performed under
"Permitted Activities and Uses" must be performed in
accordance with the requirements set forth in this
document.
I attest that I have personally examined and am familiar with the
information on which this LSP Opinion 'is based and, in my
professional judgement, this AUL Opinion complies with the
requirements for said opinions established under 310 CMR 40.1074
(1) (b).
Alan E. Weiss, M.S.
Licensed Site Professional #6442
President, Cold Spring Environmental Consultants, Inc.
Date::V-
Massachuas Department of Environmental PactIon.
Bureau of VIte Site Cleanup
46i
. I'
BWSC-1 14S
IA
lease Tracking Number
ACTIVITY & USE LIMITATION (AUL) OPINION FO M
e'ase T
COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE
REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE.
A. LOCATION OF DISPOSAL SITE AND PROPERTY SUB'ECT TO AUL:
DisposalSiteName:
MC
/T..LES
30 I
GCS
OP
5O.-fl4
T
Street: -5
E:PL&5
T
ANDF REGISTERED WnH THE
CD
A~HEnGsT0 XAJC.
Location Aid:
6r
A
City/Town:
Numb
ZIP Code:
Address of property subject to AUL, If different than above. Street:
(00-
.n
-
Cityrrown:
C
ZIP Code:
Provide the LSP Opinion for an Amendment and Ratification of a Notice of Activity and Use Limitation, pursuant to Instructions provided by DEP
in a Notice of Audit Findings issued to:
Name of Organization or person:
(Mi
-1EcQ
01LD%35
pPa AMfS-1l17 - "ZAJC
Date issued:
Im 1
3 -
Fgos
C. LSP OPINION:
I attest under the pains and penalties of perjury that I have personaly examined and am familiar with this submittal, Including any and all
documents accompanying this submittat in my professional opinion and judgment based upon application of (1)the standard of care In 309
CMR 4.02(1). (II) the applicable provisions of 309 CMR 4.02(2) and (3), and (iii) the provisions of 309 CMR 4.03(5). to the best of my knowledge.
Information and belief.
The Amendment and Ratification of the Activity and Use Limitation that Is the subject of this submittal is being provided in accordance with
Instructions provided by the Department of Environmental Protection in a Notice of Audit Findings issued to:
$Cttn
Name of Organization or person:
Dateissued:
ML,(6
3qJ LbMG S.
nP-
iah,4
isil"Sr
w 3C'
(
7
l 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.
Check here if the Response Action(s) on which this opinion is based, If any, are (were) subject to any order(s), permit(s) and/or approval(s)
Issued by DEP or EPA. Ifthe box is checked, you MUST attach a statement identifying the applicable provisions thereof.
LSP Name:
Telephone:
FAX:
4AJ 2.
(A/615
-
31
3-L32.3
-
5%~l
LSP#:
142-
Stamp:
ExL:
C).
4
LSP Signature:
Date:
644.
__Oy
F
'CPRO
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOWPLETE
Page 1 of 1
Revised 4/2/2001
L.CTrT
MRIANNE L. nemr
RE
'The foregoing is a true copy of the record in
FPok
1_3,
Page
County iegistry of Deeds.
ATTEST:
REGISTER
of the Hampshire
Book 922
Know All Men by These Presents, I at
81
I, George Cutler, of Amherst, in the County of Hampshire and Commonwealth
of Massachusetts-, in consideration of one dollar and other valuable consideration paid by Mercantile Buildings of Amherst, Inc., a corporation duly
established by law and having a usual place of business in said Amherst,
the receipt whereof is hereby acknowledged, do hereby give, grant, bargain,
sell and convey unto the said Mercantile Buildings of Amherst, Inc., a tract
of land situate in said Amherst, bounded and described as follows:
WARRANTY DEED
Beginning at the southeasterly corner of the premises herein described, at
an iron pin set in the westerly line of the location of, West Street, commonly called South Pleasant Street, a highway; said iron pin also marking
the northeasterly corner of land of The First National Bank, formerly property of 0. D. and William Hunt; thence from said point of beginning running NORTHERLY along said highway ninety one and seven tenths (91.7) feet to
land of James F. Page, thence turning to the left and running WESTERLY along
land of said Page and land of Amherst Savings Bank a distance of approximately sixty nine (69) feet; thence turning to the left and running
SOUTHERLY twenty one (21) inches; thence turning to the right and running
WESTERLY along land of Amherst Savings Bank and land now or formerly of
Lawler Brothers a distance of one hundred two and three tenths (102.3)
feet to the SOUTHWESTERLY corner of a retaining wall constructed of concrete and' to land formerly of J. S. and Sidney Adams; thence turning to
the left and running SOUTHERLY along land of said J. S. and Sidney
Adams a distance of eighty six (86) feet to land of The First National
Bank ; thence turning to the left and running EASTERLY along land of said
Ni
The First National Bank a distance of approximately one hundred seventy
p
three (175) feet to the point of beginning.
ings of Amherst,
The above described tract of land comprises the northerly and major portion of land conveyed to George Cutler and William Cutler by Luke
Sweetser by deed dated March 1, 1860, and recorded in Hampshire County Registry of Deeds in Book 194 at page 189; see also deed from Luke Sweetser
to William Cutler and George Cutler, dated April 1, 1870, and recorded
in said registry of deeds in book 279, at page 12; see also deed from
William Cutler and George Cutler to William W. Hunt and Oliver D. Hunt,
dated September 20,1867, and recorded in said registry of Deeds in book
246, at page 285; and deed from George Cutler, D.G.Cutler and M.I. Cutler
to Lucas -Williams and B.H. Williams dated October 24, 1879, and recorded
in said registry of Deeds in Book 353 at page 105; deed from Lucas Williams
and B.H. Williams to George Cutler, D.G.Cutler and M.I.Cutler, dated October 1, 1879, and recorded in said registry of deeds in book 351 at page
392; deed from Dwight Gilbert Cutler to G,orge Cutler, dated June 4, 1883,
recorded in said registry of deeds in book 381 at page 307; and deed from
Martha Isabella Cutler to George Cutler, dated February 1, 1888, recorded
in said registry of deeds in book 416, at page 473; also see probate papers
in the estate of George Cutler, and probate papers in the estate of William
Cutler.
The granted premises are conveyed subject to the right reserved in the deed
from Luke Sweetser to William Cutler and George Cutler, dated March 1, 1860,
and recorded in said registry of Deeds, in book 194, at page 189, to, in
building upon his land North of the granted premises, enter the timbers into
the walls of the brick building on the granted premises four inches, in
such manner as to do no other injury to the building.
Subject also to the right reserved in said deed to the owners of the stores
and lots lying northerly of the granted premises, Luke Sweetser, and J.S.
and C.Adams, their heirs and assigns, to keep open the drain for the passage
of the water from their cellars through the walls and cellar of said building forever By said owners being at one half the expense of maintaining said
drain, passage and outlets
SUBJECT also to the right reserved in said deed to Albion T. Howe of a passage
with teams from the southwest corner of his land over the premises herein conveyed to the highway.
.
SUBJECT also to the right reserved in said- deed to Oliver D. Runt and William
W. Hunt to use the passage north of land conveyed by Luke Sweetser to them.
SUBJECT also to a right of way eleven (11) feet wide next adjoining the
NORTHERLY side of The First National Bank of Amherst, as described
in the
deed from William and George Cutler to William W. Hunt and Oliver D. Hunt,
dated September 20,1867, and recorded in said registry of deeds,
in book
246, at page 285.
SUBJECT also to taxes for the year 1937,
agrees to pay three quarters.
of which the grantee assumes and
George Cutler
To
Mercantile Build-
South Pleasant
Street
Amherst
E
SeeBook
Pag
SEE
BOOK
,'O
3
Inc
82
0
Book 622
TO HAVE AND TO HOLD the granted premises, with all
-9
the privileges and appur-
tenances thereto belonging, to the said Mercantile Buildings of Amheast,,in
successors and
and itsA
-ndaasigns,
to their own use and behoof forever.
AND I hereby for myself and my heirs,
ENANT with the grantee and its
executors,
and administrators,COV-
successors and assigns, that I am lawfully
seized in fee-simple of the granted premises; that they are free from all
incumbrances; except as hereinbefore recited;
that I have good right to sell and convey- the same as aforesaid; and that I
will and my heirs,'executors,
and administrators shall WARRANT AND DEFEND
th6'same to the grantee and its successors and assigns forever against the
lawful claims and demands of all persons, except as hereinbefore recited.
AND for the consideration aforesaid I,
said George Cutler,
Florence' B.Cutler, wife of the
do hereby release unto the said grantee and its
succ-
essors and assigns all right of or to both DOWER AND HOMESTEAD in the granted premises,
and all other rights and interests therein.
IN WITNESS WHEREOF we, the said George Cutler and Florence B.
4,
Cutler,
husband and wife, hereunto set our hands and seals this twenty second day
of March in the year one thousand nine hundred and thirty seven.
Signed and sealed in
C
the presence of
Walter L.Stevens to
G.C.
I
George Cutler
-
Florence. B.Cutler
Seal
& F.B.C.
Seal
THE COMMONWEALTH OF MASSACHUSETTS
Hampshire,
as.
March 22,1937
Then personally appeared the above named George Cutler and acknowledged
the foregoing instrument to be his free act and deed, before,me
Walter L.Stevens
Justice of the Peace
My commission expires
May 15,1942
HAMransm, s. March .22,1937
at
3
o'clockand- 30 .minutes,
With Government Stamps $45.00 affixed and cancelled.
P.
2.
Cry,,.
0
7*1
B-r
For it7
ME~liDisposal
ite
ame,
j
-Dp Release Tra cking'No(.)
OPIC
C'N
M.G.,
-4
0-(
O
c.
anferst -s
01002
1-0552
ATTAUELTTAINs
21E,
56 and 310,CR 40.0000
PURSUANT TO CHAPTER 21E OF. THE MASSACHUSETTS GENERAL IAWS,"AS
AMENDED ("Chapter 21E") and THE MASSACHUSETTS CONTINGENCT PLAN,
310 CMR 40.0000, AS AMENDED ("MCP"), NOTICE is hereby given by
Kercantile Buildings of Amherst, Inc., of Ashermt,Rampshire
County, Massachusetts, being..the owndr(s) in fee simple of that
certain- land located in Amherst, Hampshire County, with the
buildings and improvements thereon, pursuant to a deed recorded
with the Bampshire County Registry of Deeds in Book 922, Page 01
("Owner*),' said land being'more particularly bounded and
described in Exhibit A, attached hereto and made a part hereof,
and being shown on, a plan entitled, "Plan in Amherst,
Nassachusettr", dated January 23, 1995, prepared by Richard J.
-Labarge r.,
PLS,,recorded with Hampshire County Registry of
Deeds as Plan No.' 0057,. in Plan Book 0178, (-Property");
4THAT SAID;PROPERTY, -OR A PORTION THEREOF, IS A DISPOSAL SITE AT
WHICH THERE HAS OCCURRED A RELEASE TO THE ENVIRONMENT OF OIL
AND/OR HAZARDOUS MATERIAL, SAID DISPOSAL SITE BEING DESCRIBED IN.
EXHIBIT A, ATTACHED HERETO 'AND MADE A PART HEREOF, "("DISPOSAL
SITE-), .AND.THAT A RESPONSE ACTION HAS BEEN UNDERTAKEN AT-THE.
DISPOSAL SITE IN ACCORDANCE WITH THE XCP.
.'-
4
-I-I''.T
ZxI
-4
r!
.0
1,
LAW OFFICES
1500 MAIN STREET, SUITE 2700
POST OFFICE BOx 15507
SPRINCFIELD, MA 01 1 15-5507
SPRINGIED
BOSTON
TEL:
(413) 781-2820
FAX:
(413) 272-6806
E-MAIL: [email protected]
ROBERT B. ATKINSON
ROBERT A. GELINAS
STEPHEN W. SCHUPACK
MARTIN D. TURPIE
PETER ROTH
RONALD P. WEISS
FRANCIS 0. DIBBLE. JR.
MICHAEL H. BURKE
PETER H. BARRY
DAVID A. PARKE
FELICITY HARDEE
CHRISTOPHER S. MYHRUM
GEORGE W. MARION
ELLEN M. RANDLE
KEVIN C. MAYNARD
MARK O. CRESS
MARY J. KENNEDY
J. MICHAEL SCULLY
JAMES C. DUDA
KELLY A. MCCARTHY
DANIELJ. FINNEGAN
MELINDA M. PHELPS
DEBORAH D. FERRITER
SANDRA J. STAUB
DONN A. RANDALL*
SCOTT W. FOSTER
ELIZABETH H. SILLIN
JEFFREY S. MORNEAU
VANESSA L. SMITH
DEBRA A. QUINN
JOSHUA P. GREY
JENELLE C. DODODS
CHRISTINE Y. LE BEL
ANDREW J. DRAYER*
COUNSEL
CAROL E. KAMM*
PHILIPJ. TARPEY, JR.
*RESIDENT IN BOSTON OFPICE
March 26, 2003
Select Board, Town of Amherst
4 Boltwood Avenue
Amherst, Massachusetts 01002
.
Dear Select Board Members:
The purpose of this letter is to inform you that on March 20, 2003, an "Amendment and
Ratification of Notice of Activity and Use Limitation" ("AUL Amendment"), a copy of which is
enclosed, was recorded with the Hampshire County Registry of Deeds in Book 7103, page 23.
The AUL Amendment amends an earlier AUL recorded with the Hampshire County Registry in
Book 4623, page 84. The AUL affects a portion of the Mercantile Buildings of Amherst Inc.
property located at 45 South Pleasant Street, Amherst, Massachusetts 01002 (Department of
Environmental Protection Release Tracking No. 1-10552). The AUL Amendment identifies
certain activities and uses which are inconsistent with maintaining a condition of No Significant
Risk at the subject property. Such activities and uses are so identified in order to prevent
exposures to residual petroleum-contaminated soil located beneath a paved pad in the center of
the property. The AUL Amendment also identifies those activities and uses that are consistent
with maintaining a condition of No Significant Risk and those obligations and conditions
necessary to ensure that a condition of No Significant Risk continues to exist at the property for
the foreseeable future.
This public notification is being provided pursuant to the Massachusetts Contingency Plan (310
CMR 40.1090 and 310 CMR 40.1403(7)(a)). If you have any questions, please contact:
Select Board, Town of Amherst
March 26, 2003
Page 2
Mr. Alan E. Weiss (LSP # 6442), Cold Spring Environmental Consultants, Inc., 350 Old
Enfield Road, Belchertown, Massachusetts 01007, at (413) 323-5957.
Very truly yours,
Christine Y. Le Bel
Enclosure
CYL:lav
GLAW
OFFICES
1500 MAIN STREET, SUITE 2700
POST OFFICE BOX 15507
SPRINGFIELD, MA 01 1 15-5507
SPRINGFIELD
BOSTON
TEL:
(413) 781-2820
FAX:
(413) 272-6806
E-MAIL: INFOOBULALEY.COM
B.
ROBERT
ATKINSON
ROBERT A. GELINAS
STEPHEN W. SCHUPACK
MARTIN 0. TURPIE
PETER ROTH
RONALD P. WEISS
FRANCIS D. DIBBLE. JR.
MICHAEL H. BURKE
PETER H. BARRY
DAVID A. PARKE
FELICITY HARDEE
CHRISTOPHER B. MYHRUM
GEORGE W. MARION
KEVIN C. MAYNARD
MARK D. CRESS
MARY J. KENNEDY
J. MICHAEL SCULLY
JAMES C. DUDA
KELLY A. MCCARTHY
DANIEL J. FINNEGAN
MELINDA M. PHELPS
DEBORAH D. FERRITER
SANDRA J. STAUB
KATHLEEN LEITAO
OONN A. RANDALL'
ELIZABETH H. SILLIN
JEFFREY S. MORNEAU
VANESSA L. SMITH
DEBRA A. QUINN
JOSHUAP. GREY
JENELLE C. DODDS
CHRISTINE Y. LE BEL
ANDREW J. DRAYER*
ELLEN M.
SCOTT W.
*RESIDENT IN BOSTON OFFICE
RANDLE
SERNARDO
FOSTER
COUNSEL
CAROL E. KAMM*
PHILIPJ. TARPEY. JR.
March 26, 2003
Town of Amherst Board of Health
Attn: Epi Bodhi
Bangs Community Center
70 Boltwood Walk
Amherst, MA 01002
Dear Town of Amherst Board of Health:
The purpose of this letter is to inform you that on March 20, 2003, an "Amendifient and
exposures to residual petroleum-contaminated soil located beneath.a paved pad in the center of
CMR 40.1090 and 3 10 CMR 40.1403(7)(a)). If you have any questions, please contact:
0
LAW OFFICES
1500 MAIN STREET. SUITE 2700
SPRIN I
BOSTON
TEL:
(413) 781-2820
FAX:
(413) 272-6806
E-MAIL: INFOOBULKLEY.COM
ROBERT S. ATKINSON
ROBERT A. GELINAS
STEPHEN W. SCHUPACK
MARTIN D. TURPIE
PETER ROTH
RONALD P. WEISS
FRANCIS D. DIBBLE. JR.
MICHAEL H. BURKE
PETER H. BARRY
DAVID A. PARKE
FELCITY HARDEE
GEORGE W. MARION
ELLEN M. RANDLE
KEVIN C. MAYNARD
MARK D. CRESS
MARY J. KENNEDY
J. MICHAEL SCULLY
JAMES C. DUDA
KELLY A. MCCARTHY
DANIELJ. FINNEGAN
MELINDA M. PHELPS
DEBORAH 0. FERRITER
SANDRAJ. STAuSa
DONN A. RANDALL'
SCOTT W. FOSTER
ELIZABETH H. SILLIN
JEFFREY S. MORNEAU
VANESSA L. SMITH
DEBRA A. QUINN
JOSHUA P. GREY
JENELLE C. DODDS
CHRISTINE Y. LE BEL
ANDREW J. DRAYER*
COUNSEL
CAROL E. KAMM*
PHILIP J. TARPEY, JR.
March 26, 2003
Town of Amherst Planning Department
Attn: Robert P. Mitchell, AICP
4 Boltwood Avenue
Amherst, MA 01002
Dear Mr. Mitchell:
0
Town of Amherst Planning Department
March 26, 2003
Page 2
Very truly yours,
Christine Y. Le Bel
Enclosure
CYL:lav
B&O
LAW OFFiCES
1500 MAIN STREET. SUITE 2700
PosT OFFICE BOX 15507
TEL:
(413) 781-2820
FAX:
(413) 272-6806
ROBERT B. ATKINSON
ROBERT A. GELINAS
STEPHEN W. SCHUPACK
MARTIN D. TURPIE
PETER ROTH
RONALD P. WEISS
FRANCIS D. DIBBLE, JR.
HAMILTON DOHERTY, JR.
MICHAEL H. BURKE
PETER H. BARRY
DAVID A. PARKE
FELICITY HARDEE
GEORGE W. MARION
ELLEN M. RANOLE
KEVIN C. MAYNARD
MARK 0. CRESS
MARY J. KENNEDY
J. MICHAEL SCULLY
JAMES C. DUDA
KELLY A. MCCARTHY
DANIEL J. FINNEGAN
MELINDA M. PHELPS
DEBORAH 0. FERRITER
SANDRA J. STAUB
DONN A. RANDALL'
ScoTT W. FOSTER
ELIZABETH H. SILLIN
JEFFREY S. MORNEAU
VANESSA L. SMITH
DEBRA A. QUINN
JOSHUA P. GREY
JENELLE C. DODDS
CHRISTINE Y. LE BEL
ANDREW J. DRAYER'
COUNSEL
CAROL E. KAMM'
PHILIP J. TARPEY, JR.
April 1, 2003
Town of Amherst
Attn: Bonita Weeks
Building Commissioner/Zoning Enforcement
4 Boltwood Avenue
Amherst, MA 01002
Dear Ms. Weeks:
Ratification.of Notice of Activity and Use Limitation" ("AUL Amendment"), a copy of which is
enclosed, vas recorded with the Hampshire County Registry of Deeds in Book 7103, page 23.
Town of Amherst
Building Commissioner/Zoning Enforcement
April 1, 2003
Page 2
Very truly yours,
Christine Y. Le Bel
Enclosure
CYL:lav
CLASSIFIEh
MARCH 29-30. 2003
REALTY WORLD SAWICKI
HOLYOKE. Canal Districtcommer- NORTHAMPTON. Beautiful body
HADLEY: Stately11 roomAndque
cial, oafce, ani specei renoated workers ofice toshareen per haur w.naltyword-sawicki.com Colonai on 'A acr near town canS . Hadley/Holyoke 915
mil. Open Square.53-5057. estbasis. Call584-8728
Al realestate needs. 25-6773 ter, doubtelivng room with fireplace,
CHESTERFIELD. Spacious
1
year
20. wwwensa.re.orn
THE
MURPHY'S
REALTORS
pocket
doors,
dining
room,
NORTHAMPTON. Elegant new
homn
e on2
Beauu
For Sale by Owner,
wwwimurphyeItars~com
fIy mro,
oalimty roam andlarge y
prsma Einoo ly danas rdcala
tetbds
of SOUTH HADLEY: 4 rooes, Itch.
hServingte
areaover 35 years' eat-in ktchen, hardwood floors.3 asparlight.
town arnkark bing. Cai far in- .
SM00)
The
Real
oni.2 bettrrsi, -mail.
islied!
5846
formatio". Liy
UPTON-MASSAMONT REALTORs large bedrns, ssinng rorn, p- EstateConnection,
5i2-0011
baent with WTbath. 2 car
ro
and morel S359,900.
wnvuptoI-massamomitcon,
NORTHAMPTON. Main St., 15x10
driveway
with
large
HUNTINGTON.
garage
Garage
available
413-58-74.
Serving Frartuolarprihre
8-0764for oftade removal. Located at loo Shed.G~azebo (screenedlarge
oak floor, uttfifes
Tbhceings,
In)
S4 onllt 413-585-9427
Knighvte Dan Huntington, MA. -ith deckatached. Coveredodnq
NORTHAMPTON. Office,
in Real Estate Servfces 8201
area
oil
deck.
Metal
24'
x
24
4&)0,ft steel wafs. Concrete
historic Cutlery Building e
te
od
Shingled root. Ontc carport. Asking $185,900. Open
entrance, ampie parking. $Sr
* 109 Main St Landmark
House
April 5 and 8, noo-3pn.
John Parker, (978)318-278.month. Eileen Berezin. 530-5726. ' Foreclosed Homes SOUTHAMPTON. 6 room, 1%
buildin 25,000 sq.ftof
badt,full basement. S149.900. Cal WILLIAMSBURG. 8 ron, 4 bed-C -o hummam, 532-M
The Murphys Readon 584-570.0 Low or Zero
down!
Governernt andWendy at53-0082 tosee. The
al/ffce space. Subroom, 1% bath Colonial on 67
South DEERFIELD. rotetaa bankrposnaos No credi O RealEstate Connec.n, 582-0011 amn 2100a4 Total rstn.*
dividable to 2,500 sq.ft,
1xals
Lote& Acreage
930
oicespace at Suga
3 F r sdngs- 8338-20
pool. $199.900:7Ta,
527-394
size o
cal Jiienne.
at 535-8510.
* 80 Main St 1,46B sq. It..
income
Property
840
a proes.HafIneldt Whately
- reali storefront, excellent SOUTH HADLEY Caener,
AMHERST WOODS, lot lor sale an
890
S a
W OMor 40 or EASTHAMPTON. Store/4 apargiound.
Greenfleld Area
9051 code-sac, ab
1 ocre. Last lot
locato, A/C, can
750 sqL.
47-39a93.
HATFIELD. 9 acre buiding
ments n i
n
lot
2
rties
available on seet. 58-8010
include 2,500 sq ft unfinlor 429,0. 584-1228, 57-5,36 lotwooded, 57 North Hatlield Road,
ished basement space.
HATFIELD. 17 unit for S369,000; town water/ sewer, $120,000.
MOVEReal Eats, 413-89-0800
19 1-bed'""A S
AMHERST. BoostingMs.town,
wet.
*KIng St 12,700 sq. ff.
549.I Meidyl RE. 247-90O4r
e, sever ari gr Atandof oi-efinished showroom
ec. Aimost ace. 250-650
Downtown
Northampton
South Hadley
Industrial Park
space, /C $6.50 NNN
-
Eric Suher
552-0776
NORTHAMPTON., Dowen 2 at-
Northampton
Large 1850
Antique Colonial
860
Completely Restored
AREALTY
I RILDWO..
2000Y
sq.ft office suite,
including 4 private offices
and large open general oflice, Idtchenette, conference
oomn.
Near Routes
I-90 and I-91.
(in sought after historic dis-
trict. Many original details
throughout. Every room-
DULONG
& LABBEE
oetive omfces.$400 and $450, in S-H-R Trust, 538-8275
Victodan. 584-7733, 5BS-332
NORTHAMPTON. Retail space
2000
Ai,
goodvi
Vacation Rentals
7301
ty, lardwoo foors. 584-0a.
HAMPTON BEACH.3 bedrom,
office/Studio
'710
Cotinge. 1 block behind
beach.amAMHERST. Downtown. 2 Prim pc pakng cable TV, rental
commerda spaces and on. base.Call 584-54.'
men ofie space. Allpate park SHUTESBURY. LM Wyi aadmt
Ing, 750-900 sq ft. 253-2120
3 bedroom Cottage available FLORENCE. Well main$650 ' per week. tamed 7 room home has
AMHERST. New Construconi 51-10/1.
413-8-9320.
newer family room addition
TRURO. (Caps Cod) 2 bedroom with cathedral ceiling and
. sleeps & 10 movie iak tb
rate hadapd eSance, saps5 mire
ne,
a HVAOSyste Cee r 6 weto ational
Seashore beaches.Nice .47 acre lot.
Ing, dedikated
cupo tadan
Teras
arist.poe
pare
I fard&l
Marvin Early sumr occupancy. dr=
7002 week $169,500.
Please call 413-253-9454.
sent Cai 588-1720.
AMHERST. Offices near UMass.
WELLFLEET. 'June, September.
87 Main St.
Paring. S350 indsive. Garage at Marshlonon/wak to beach. 4
S75. Cal Rena at 253-2528.
Easthampton
bedoones
4 balhI 41322s-
new)
586-3333,
LIKE BRAND NEW: Mag-
WORTHINGTON. 17.5 acres.
double
lot, beautucl south-faci
pen
f1
wie
iew.
90'
road.
go.
2 bath colonial with
beautdul woods,private location.
wrap-around porch on corSurveyed and perced. $75.000.
ner lot. Hugh country kitchen Mofyneaux Reafy. 413-239.5324
nificent 8 room, 4 bedroom,
(completely new) largedining room, 1st floor laundry room, beautiful hardwood floors, file floors in
kitchen and bathrooms,
barn-oft 2 car garage.
HATFIELD. Large residentia commercial building
onRte.5&10.9
apartment units and 2
large garage bays. Good
income, good location.
$750,000. Call Davel
Open Saturday 12-2pm
Sunday 10-12 noon 12 W. Main St, Montague
740
.nwcotageoncapcd.com
Mobile Homes
HATFIELD. s
950
moor Ili haft
adcti .
9.g00S me,...,in
'Mendyk Rleat24T-9
Al Brand New kitchen,
Property Wanted
960
LOOKING FOR LAND any
size,
shape.or laton Cash paid Call
529-9973
FAMILYd e
Call Alan Ward
WANTED: Antique home in
bedromn
. 527-3375
Deerfiei or Conway. Acreage preNorthampton area. With 2 wellChuck Conner,G
(413)96-8763
wh
n
of.
Ron
LaFosse,
GRI
367-9247
famed. Conditon unatcisrtt. Top
tained dogs. br May. Wi
(800 56-0559
527-4771 $125,000. .
dollarpald. Cat 253-71
front 1 year lease plus epoet Lynn SIpitkwski
Beth Lannon
527-6395
Please ca (W) 255-2554.
GREATER
NORTHAMPTON'S.#1
LAKE OME1o
ndWkfor
fJuy
Agncy Iorreidenal andceiorm: Legal Notices
vacationii raL
20oUA4Witheatae. Goins. 58W-7000,
in. C dal real
In 2) mias dNrta
'
NORTHAMPTON. Beautiful 100
pelect (843)671-3248
year
Notice of Amendment and
old
Victorian in one of North,
, required to be paid by certified check or
NORTHAMPTON AREA. ProlesRatification
~bank treasurer's check by the purchaser at
m needsf uirshed amton best neighbodoods. New
sioal wrter, whle.
kitchen.
3+
bedrooms.
1%
baths,
apartment
(sunmer).
(781)
of Activity and Use Lhit ation
the time and place of sale as earnest money,
599-6951 orpithwittllecom
Mercantile Buildings of Amh erst Inc. the balanc6 to be paid by certified check or
PROFESSIONAL couple, non Agents wecene; 2%.
. 45 South Pleasant Str eet
bank treasurer's -check. within thirty (30)
smoking. no.pets, seeks bright,
Amherst, Massachusetts 01002
days of the date of sale. In addition thejur-.
damn1-2be*oaroan ar
t
,
DEP
Release
Tracking
Num
ber
#1chaser will be required to execute the lenor rental downtown
Northampton.
. 10552
orandum ofMortgagee'sSaleof Real Estate.
nl. I-Ant,3l.413-259-2921.
Pursuant to the -Massachuset ts- Contin.
The above premises will be sold-subject
"ESPONSIBLtme th watbegency Plan (310 CMR 40.1073), a Aeend- to all outstanding taxes, tax titles, municipal
brtdosesrentafshake in Pt
went
and
Ratifcation
ofNotice
a
fActivity
or
other public taxes, assessments or liens,
onser VFbM.
Rc 413-255.101.
and Use Limitation on the above disposal if any and subject to any occupants therein.
Home Business
Alternative
'TECH Suite~
*Satellite Office
Just a few
soluble option for
Office
Open
Real EBtate
far Sale
Autumn Place
professional mini offices.
Contveniently locaeda
NorthamptorVEasthampton
City Line on Route 10.
Utilities included.~n
CLASS 80D-960
.
Ampie Free Parking
Saturday: 9-3
Sunday:
DStICable Ready
|Real Estate eSites 800
RNAS
A-z S1fRAGAE
Call for a tour
413-527-1580
artumnupmperties.not
wwwtamgetssc
EASTHAMPTON. Ote space for
rent in beautfuil nee office complex
r
By Appointnment
a
527940 Self storage
AUUW WNGEMENT
(Broker Protected)
site was recorded and/or registere :dwith the
Hampshire Coimfy Registry of Deeds on
'CENnURY 217
wwwvcentury21pva.com
pbr
ValleyAcns
noveInntonte.
ESTATE
GOGINS REAL
HATFIELD, Office or quiet workwngogginlar.comS
apace. Not residential. Air cond- Greater
#1 Reaitor
Northamptoun
tiorint. Cal 247-3278
HARLOW PROPERTIES
NORTHAMPTON Psychotherapy
Offie forabx
eve.Tues73 Maein
St, Arrnert, 256-342
day Wednesday. Cindy, 58.223.
GROUP
NORTHAMPTON. -Treanent roomJACOUES REALESTATE
wwwhomesgroup.com
to sharein health oriented-sote in'
Webbasedreal esa company'
ceter of own 210-1601 -
Jones * Hutchins
5 Franklin St
585-0400
Amherst/Hadley
8701
any matter concerning the premises.
affected area of the above prope rty, as set
forth more fullyin theAUL Opinio recorded
the foreclosure sale shall default in purchasing the within described'property ac-
with the Amendment:
.
* AnyactivitiesorusesthatinvoIlvedirect
contact, disturbance, excavation orrenoval
of impacted soil from the restrict ed portion
of the property below a depth of 3 feet from
existing site grade (i. below th e existing
paved pad) are prohibited withou t prior notification and approval of a Licensed Site
Professional.
Any person interested in obtain ing additional informationorreviewingthe Noticeof
Amendment and Ratification of th e]Activity
and use Limitation and the dispos al site file
may contact: Mr. Alan E. Weis s (LSP #
6442). Cold Spring Environme ital Coustltants, Inc., 350 Old Enfle ld Road,
Belchertown, Massachusetts 01 007; (413)
323-.5957.
HADLEY.Mt Warner Rd.ByOwr.
Open
House Sunday 330,
1-3p. Lovely,6 room,3 bedroom
2 bath Ranch.. Haidwood floors
warge
ros 2 Shrelaces Partallv
whether legal or illegal.
.
The premises will be sid "as is" and no
3/20/2003.
The Amendment and Ratifi cation of
Notice of Activity and Use Limit ation wil
limit the following activities and tusea on the
e..
Conference Room
Great location. Cal57-2468
Yacation Proper'tles 940
CAPE COD, South
Weflmet. 3 bedmom,I bti hans. 413-667-3981
(Mller Falls -15miles from
Amherst on Rt 63)
bathrooms, appliances,
deck, windows, electrical,
plumbing and furnace.
$20000 -
. HATFIELD. Appracimately
8 acres of flat land in a
527-3375
great location. Just the
place for your new hom
y oking for 2
527-3375
=p.mrs1osIn the Bob Conner .
Wanted to Rent
SOUTH AMHERST.
Sweeing
vae lol; 5.8 aches,
$35D,000. C
owner 5494270.
March 29
MORTGAGEE'S SALE OF
Ome
aw,-
representation, express or implied, is or will
be made by the mortgagee with respect to
In the event that the successful bidder at
cording to the terms of this Notice of Sale
and/or the terms of the Memorandum of
Mortgagee's Sale of Real Estate executed at
the time ofthe foreclosure, then said de osit
shall be retained by the Mortgagee as lquidated damages without recourse to the
bidder, and said de osit shall not be applied
to the mortgage debit.
The above premises will be sold subject
to any law, ordinance, blaw or other gov.
ernmental regulation ectin , restricting,
prohibiting, or otherwise regu ating the oc
cupancy-iuse or enjoyment of the Property
the character, dimensions, or location of any
present orfuture improvement now existing
or hereafter planned for the Property or a
separation in ownership or change in the dimensions or area of the Property including,
without limitin the generality of the foregoing, Zonmg Lws, State Building 'Code
Wetlands Protection Act, Sub division
Control Law, Lead Paint Law, health laws,
0
S1
1-oSSt
&
BR G
LAW OFFICES
1500 MAIN STREET.
ROBERT
SUITE 2700
SPRINGFIELD. MA 0111 5-5507
TEL: (413)781-2820
FAX: (413)272-6805
B.
ATKINSON
ROBERT A. GELINAS
STEPHEN W. SCHUPACK
MARTIN D. TURPIE
CHRISTOPHER B. MYNRUM
GEORGE W. MARION
ELLEN M. RANDLE
KEVIN C.
MAYNARD
PETER ROTH
RONALD P. WEISS
MARK D. CRESS
MARY J. KENNEDY
FRANCIS D. DIBBLE, JR.
HAMILTON DOHERTY, JR.
J. MICHAEL SCULLY
PETER H. BARRY
JAMES C. DUDA
KELLY A. MCCARTHY
DANIELJ. FINNEGAN
DAVID A. PARKE
FELICITY HARDEE
MELINDA M.
DEBORAH 0.
MICHAEL H. BURKE
PHELPS
FERRITER
SANDRAJ. STAUB
SCOTT W. FOSTER
ELIZABETH H. SILLIN
JEFFREY S. MORNEAU
VANESSA L. SMITH
DEBRA A.
JOSHUA P. GREY
QUINN
LOUIS F. OLDERSHAW
PHILIP J. TARPEY. JR.
KATHLEEN LEITAO
COUNSEL
October 9, 2002
Abby Kingman
436 Dwight Street
Re:
45 South Pleasant Street, Amherst
RTN No: 1-10552
NON-WE-02-3A098
Dear Ms. Kingman:
This office represents Mercantile Buildings of Amherst, Inc. with respect to the captioned
matter. We understand that required actions must be taken to amend the Notice of Activity and
Use Limitation and will implement such actions. As soon as I have an opportunity to review the
Notice of Audit Findings and such other documentation as may be necessary to respond to the
department's request, I will contact you. In the meantime, if you have any questions, please do
not hesitate to call.
Very truly yours,
Felicity H
FH/jmk
ee
BERNARDO
CIMONWEALTH
OF MASSACHUSE!S
FIL E COPY
ExEcuTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
436 Dwight Street . Springfield, Massachusetts 01103 - (413) 784-1100
JANE M. SWIFT
Governor
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
October 4, 2002
Amherst, MA 01002
Attn:
Mary Louise Broll
A.J. Hastings
RAO, AUL
NON-WE-02-3A098
NOTICE OF NONCOMPLIANCE
Dear Ms. Broll:
A review of records conducted by Department of Environmental Protection personnel
demonstrates that you are not in compliance with one or more laws, regulations, orders, licenses,
permits, or approvals enforced by the Department. On August 3, 2001, the Department issued a
Notice of Audit Findings (NOAF) that identified errors in the Notice of Activity and Use
Limitation (AUL) filed in support of a Response Action Outcome (RAO) for the abovereferenced site. The NOAF established an Interim Deadline of January 30, 2002 for submitting
documentation of the required corrections to these errors, accompanied by a Post-Audit
Completion Statement (PACS). This is an enforceable Interim .Deadline issued pursuant to
M.G.L. c. 21E, 310 CMR 40.0167 and 310 CMR 40.1140. As of the date of this letter, the
Department has not received the required submittal, therefore, you are in violation of the
requirements of the MCP.
,
The activities that are in noncompliance and the additional actions the Department wants you to
take to come into compliance are described in the 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 Department now wants you to
take, and (4) the deadline for taking this action.
If you fail to comply with this Notice an administrative penalty of $1,000 may be assessed for
every day that you remain out of compliance. If you fail to come into compliance by the
This information is available In alternate format. Call Aprel McCabe, ADA Coordinator at 1-617-556-1171. TDD Service -
DEP on the World Wide Web: http://www.mass.gov/dep
0
1-800-298-2207.
Amherst, RTNJ-10552
0
2
Notice ofNoncompliance
prescribed deadline, or if you otherwise fail to comply in the future with requirements applicable
to you, you could be subject to legal action. Such action could include the assessment of civil
administrative penalties, the commencement of a civil action in the court(s) of competent
jurisdiction, or the commencement of a criminal prosecution in the court(s) of competent
jurisdiction.
Please contact Abby Kingman at 413-755-2228 if you have any questions concerning this notice.
SincerEly,
Alan Weinber
Deputy Regional Director
Certified Mail #7000 0600 0026 8857 9079
Return Receipt Requested
cc: Amherst Board of Selectmen
Amherst Zoning Code Enforcement Official
Amherst Building Inspector
Alan Weiss, Cold Spring Environmental, LSP-of-Record
Steve Ellis, WERO (2 copies)
WERO Enforcement File
WERO Audit File
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Notice ofNoncompliance
Attachment A - NOTICE OF NONCOMPLIANCE
NON-WE-02-3A098
ENTITY IN NONCOMPLIANCE
Mercantile Buildings of Amherst, Inc., 45 South Pleasant Street, Amherst MA
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED
45 South Pleasant Street, Amherst
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED
January 3, 2002 - Interim Deadline
DESCRIPTION OF NONCOMPLIANCE
Violation of 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.
In correspondence dated August 3, 2001, The Department established an Interim Deadline for
provision of documentation that the required corrections to the Notice of AUL have been
performed. No such documentation has been provided as of the date of this notice.
ACTIONS TO BE TAKEN AND DEADLINE
Within 60 days of the date of this notice, you must implement an Amendment and Ratification
of Notice of Activity and Use Limitation, using the form and instructions provided with the
Notice of Audit Findings. Alternatively, you may submit a new Response Action Outcome
(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).
Please indicate in writing within 14 days of the date of this notice whether or not you intend to
undertake the required actions. If you fail to correct the violation identified and provide
documentation of such action to the Department, you may be subject to enforcement action by
the Department. If the Department finds that the violations have not been corrected, then the
Department 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 (ACO), Unilateral Order, or seek a
Judicial Judgment as appropriate.
For the Department of Environmental Protection:
Date: October 4,
2002
Alan Weinberg
Deputy Regional Director
*
FILE COPY
JANE SWIFT
Governor
BOB DURAND
Secretary
August -3,
2001
LAUREN A. LISS
Commissioner
Amherst, MA 01002
Attn: David S. Hastings
Re:
Amherst - RTN 1-10552
RAO, AUL
A. J. Hastings
RAO SCREENING REVIEW
SUMMARY OF AUL COMPLIANCE REVIEW
AUL FIELD INSPECTION AUDIT FINDING
Dear Mr. Hastings:
On February 7, 1995, the Department of Environmental Protection (the Department) received a
Class A-3 Response Action Outcome (RAO) Statement and Activity & 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 targeted audits of sites at which AULs have been
implemented in order to ensure that these sites are meeting the requirements of Massachusetts'
laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts
Contingency Plan (MCP). The Department's audit of this site consisted of a RAO screening
review, an AUL compliance review, and an AUL field inspection to observe the condition of the
area subject to the AUL.
RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW
A screening review of the RAO was performed using a standard Department checklist.
Examples of the Department's checklists are available on the Internet at http://www.state.ma.us/
This information isavailable in alternate format by calling our ADA Coordinator at (617) 574-6872.
436 Dwight Street - Springfield, Massachusetts 01103 * FAX (413) 784-1149 * TDD (413) 746-6620 . Telephone (413) 784-1100
0
0
Amherst, RTN 1-10552
0
2
dep/bwsc/audits.htm. Based on the screening review of the RAO, the Department is not
directing you to undertake further response actions at this time with regard to the RAO. Please
note, however, that the 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 audit of the RAO, 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.
SUMMARY OF AUL COMPLIANCE REVIEW
The Department has established special procedures for reviewing AULs recorded on or before
October 29, 1999, including the AUL Notice instrument 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
Notice instrument that requires correction. Specifically:
* The AUL does not adequately define what uses and activities are permitted at the site
and what uses and activities are restricted. The AUL relies nearly exclusively upon
MCP terminology (i.e. frequency and intensity of use) to describe permitted and
restricted uses, without defining such terms and providing examples for clarification.
It is unclear, particularly to someone unfamiliar with the MCP, which categories of
uses are prohibited and which categories are permitted. The AUL must be more
specific in this regard. Additionally, it is inappropriate for an AUL to allow
excavation with notification of the Department as a point of contact. The LSP should
be the point of contact, rather than the Department. Also, the AUL restricts
"subsurface excavation" without identifying a specific depth below grade.
To correct this error, you must implement an Amendment and Ratification of Notice of Activity
and Use Limitation within 180 days of the date of this letter, using the enclosed form and
instructions. Please note that the AUL Opinion must be prepared and attached to the
Amendment and Ratification using form I 14S. 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 Response
Action Outcome (RAO) Statement within 180 days of the date of this letter, 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. Please note that this
deadline relates only to AUL corrections.
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
00
3
Department's AUL Audit Project web page, http//www.state.ma.us/dep/bwsc/files/audits/
aulfix.htm.
If you (and/or the LSP/attomey preparing your AUL corrections) would like assistance in
implementing the Amendment and Ratification of Notice of AUL, please call Catherine Wanat at
(413) 755-2241 to schedule the meeting.
The Department is also offering several training workshops in the next few months. The
Department recommends that you (and/or the LSP/attbrney 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.
AUL FIELD INSPECTION AUDIT FINDING
On October 26, 1999, the Department conducted an AUL field inspection at the location
identified above to observe conditions related to the area subject to the AUL. In particular, the
AUL field inspection focused on activities and uses 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. Abigail Kingman of the Department conducted the inspection.
It was observed that the AUL area was in use as a parking lot and that the pavement was in good
condition.
Please note that the obligations and conditions of the AUL state that the asphalt cover
must be maintained. The Department interprets this language to require maintenance of
the pavement over the entire AUL area. To remain in compliance with the AUL, the
pavement over the entire AUL area must be maintained. The site inspection confirmed
that the entire AUL area was covered with asphalt.
As a result of the site inspection, the Department did not identify any violations of the
requirements applicable to the AUL at the site.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to Alan Weiss, LSP # 6442, 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 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
00
4
representation by the Department that the RAO complies with M.G.L. c.21E, 310 CMR 40.0000,
or any other laws, regulations, or requirements.
The Department's findings were based upon the accuracy and certainty of the information
reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or
future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in
the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under
M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The
Department retains authority to take or arrange, or to require any Responsible Party or Potentially
Responsible Party to perform any response action authorized by M.G.L. c. 21 E, which the
Department deems necessary to protect health, safety, public welfare, or the environment.
If you have any questions regarding this letter or any requirements contained in it, please contact
Catherine Wanat at (413) 755-2241. Please reference the Release Tracking Number 1-10552 in
any future correspondence to the Department regarding the site.
Sincerely,
Catherine G. Wanat
Section Chief, Audits/Site Management
cc:
Amherst Board of Selectmen
Amherst Zoning Code Enforcement Official
Amherst Building Inspector
Alan Weiss, LSP-of-Record (LSP #6442)
Thomas M. Potter, Audit Coordinator, DEP-Boston
WERO Audit File
Data Entry: AUDTEC, AUDINS/NAFNVD
. Massachusetts aartment of Environmental Prot
Bureau of Wast
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VitSC-1028
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Do Not Afor This Forn
Page 2 of 2
AVM ONWEALTH OF MASSACHUSh ITS
>
EPARTMENT OF ENVIRONMENTAL PROTECTION
*
WESTERN REGIONAL OFFICE, 436 Dwight St., Springfield, MA 01103
ARGEO PAUL CELLUCCI
Governor
. BOB DURAND
Secretary
JANE SWIFT
Lieutenant Governor
LAUREN A. LISS
Commissioner
MERCANTILE BLDGS OF AMHERST
45 SOUTH PLEASANT ST,
AMHERST, MA 01002-0000
ATTN: DONALD HASTINGS
August 6, 1999
RE:
AMHERST, 1-0010552
45 SOUTH PLEASANT ST,
NOTICE OF AUDIT
Dear DONALD HASTINGS:
On August 5, 1998, the Legislature enacted the "Brownfields Act" which provides new incentives for parties
to clean up and reuse contaminated property in Massachusetts. The legislation also calls on the Department
of Environmental Protection to conduct targeted audits of all sites at which Activity and Use Limitations
("AULs") have been implemented. The goal of these audits is to determine whether response actions
performed at a site comply with the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"), and
Chapter 21E.
The Department's records indicate that on 2/7/95 a Class A3 Response Action Outcome (RAO) Statement
and AUL were submitted for the above referenced site ("Site"). The Department's Western Regional Office
will conduct an audit of this Site following the procedures set forth at 310 CMR 40.1100. All audits will
include a file review of the AUL submitted for the Site, and some will also include a Site inspection and/or
comprehensive review of the RAO documentation. If additional information. and/or access to the Site is
necessary.at the time of the audit, you will be notified. Attached please find a fact sheet that describes the
Activity and Use Limitation Audit Project in greater detail.
This Notice is being sent to all parties who have submitted an AUL as part of their RAO and to the
Licensed Site Professional(s)-of-Record ("LSP-of-Record") for these sites. If you are no longer the
contact person for the subject Site, please notify Mr. Thomas M. Potter in writing at the Massachusetts
Department of Environmental Protection, Bureau of Waste Site Cleanup, One Winter Street, 7th Floor,
Boston, Massachusetts, 02108.
This information isavailable inalternate format by calling our ADA Coordinator at (617) 574-6872.
DEP on the World Wide Web: http-Jww.state.ma.us/dep
Notice of Audit
AMHERST, 1-0010552
Page 2
If you have any questions regarding the contents of this Notice, please call the "MCP Help Line" during
regular business hours on Monday through Thursday (voicemail messages left on Friday will be returned
the following Monday). Help Line staff is available to answer your questions and provide you with
information on current-policies, guidance, and fact sheets. From area code 617 and outside
Massachusetts, call (617) 338-2255. From outside the 617 area code call (800) 462-0444. Information is
also available through DEP's web site (http://www.state.ma.us/dep/bwsc)
Very truly yours,
Thomas M. Potter
Audit Coordinator
Compliance & Enforcement
Attachments:
cc:
Activity & Use Limitation Audit Project Fact Sheet
Board of Health, AMHERST, MA
Chief Municipal Officer, AMHERST, MA
Building Inspector, AMHERST, MA
Planning/Zoning Office, AMHERST, MA
LSP (S): ALAN WEISS, 6442
Regional Audit File
DEP Boston File
C
-
FILE COPY
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
William F. Weld
Trudy Coxe
secetar,
EEA
Thomas B. Powers
Ae&n comr.1n.
February 6. 1995
Brown, Hart, Reed & Kaplan
Amherst, MA
01002
Attn: Martine B. Reed, Esq.
Re:
Amherst
Release #1-10522
Response Action Outcome Statement
Dear Mr. Reed:
Please find enclosed a Response Action Outcome (RAO) form received by the Department on
February 3, 1995. This form is required pursuant to M.G.L. c. 21E and 310 CMR 40.0000,
the Massachusetts Contingency Plan (MCP). Upon review of this submittal, the Department
has determined it to be incorrect and/or lacking information. This review is a completeness
check of the submittal and does not constitute a technical review by the Department.
The Department will not consider itself in receipt of this form until the additional information
is submitted or the corrections are made. The receipt date of this submittal will be the date
that the Department receives the complete and corrected form.
Please resubmit'this form with the following changes/additions:
If an attorneytill be signing Section J., written authorization is required from the Potentially
Responsible Party that should be listed in Section B. Section B. should include the
Potentially Responsible Party (PRP) information.
Please be advised that failure to submit a complete and correct form may cause Mercantile
Buildings of Amherst to miss required deadlines set forth in the MCP.
436 Dwight Street
*
Springfield, Massachusetts 01103
*
FAX (413) 784-1149
*
Telephone (413) 784-1100
J.
If you have any questions relative to this matter, please contact Justine Fallon at the
letterhead address or call 413P784-1100 ext. 299.
David A. SlIwtc /
Section Chief
Emergency Response
DASfjf /kml
552.rao
cc:
Alan Weiss, Cold Spring Environmental
Donald Hastings, Mercantile Buildings of Amherst, Inc., 45 South Pleasant St.,
Amherst 01002
-
-
Page 1
16
Massachusetts Department of Enviro
ction
BWSC-004
Relase Tracking Number:
RESPONSE ACTION OUTCOME (RAO)
10 552
(pursuant to 310 CMR 40.1056)
A. RELEASE OR THREAT OF RELEASE LOCATION :
45 So uth Pleasant Street
arnos from Spring Street
Location Aid:
Release Name if Previously Assigned (classified sites only):
Street:
South Pleasant Street
City/Town:
Amherst
01002
ZipCode:
-
Additional Release Tracking Numbers Addressed in this ,RAO:
q_
Roo
I Sm
__________________
Provide a clear and accurate description of the location of the site or the location and boundaries of the disposal site r portion of the"iSposa
site to which the RAO applies, as specified in 310 CMR 40.1003(4) with this submittal.
Is a site or disposal site map or survey attached to this RAO Statement?
l No KI Yes
Does this RAO apply to a portion of a disposal site?
B No
L Yes If yes, attach a statement regarding the relationship of the RAO
Statement to any other RAO Statements that have been filed for the disposal site, if applicable, together with a statement as to whether any
additional response actions are needed lor any other portions of the disposal site.
B. PERSON SUBMITTING RAO STATEMENT:
-
Amherst,
uilisof
David- S-Hast'ings-:T
South Pleasant Street
(geiantil
Name of Contact:
45)
Street:
City/Town:
AmberctTelephone: 413 - 253 )V12840D
State:
Inc.
- Title:
VicePresident
Zip Code:
MA
01002
-
Ext. _
C. RELATIONSHIP TO RELEASE OR THREAT OF RELEASE OF PERSON SUBMITTING RAO STA' EMENT:
(check one/specify)
I
RP
Specify (circle one): ( 6 wer
Operator
Generator
Transporter
Other RP:
PRP
Specify (circle one):
Operator
Generator
Transporter
Other PRP:
Owner
Fiduciary/Secured Lender
lAgency/Public Utility on a Right of Way
0
2
Other Person:
r
D. RESPONSE INFORMATION:
2
Is a RAO Compliance Fee attached?
9
First
RAO Status:
Was initial notification oral?
Isa Release Notification Form (RNF) attached?
Was a RNF previously submitted?
l
L
Revised
No
No
Yes
Yes
Date:
.l0. _n2 /_9AL
L
l No
E
Yes
Date:
11. -.
El
Yes
A fee is required 120 days after Release Notification and prior to Tier Classification.
[
No
E. RAO INFORMATION:
RISK CHARACTERIZATION
METHOD:
RAO CLASS:
/9A
GROUNDWATER
CATEGORY:
SOIL
CATEGORY:
l
A-1
l B-1
Ej
1
H GW-1
S-1
l A-2 F1 8-2
LI 2
K GW-2
SS-2
E S-3(with AU 1)
GW-3
l
l 3
l C
A-3
Was contamination reduced to background level(s) at a disposal site?
E No 1 Yes
Is this RAO based upon the implementation of an Activity and Use Limitation? Ej No
Yes
If yes, indicate the type of Activity and Use Limitation implemented at the disposal site: Maitenance of pavement
Date filed with Registry of Deeds: 2 /..
/ 95
Registry or Court Location: Northampton, Hampshire County
od- 14
j0,
e
(C
I
O
Attach to this RAO Statement a copy of any and all Activity and Use Limitations which have been implemented under 310 CMR
40.1070 and an Activity and Use Umitation Opinion pursuant to 310 CMR 40.1056(2)(g).
Will Post-RAO Operation and Maintenance (0 & M) be conducted at the site pursuant to 310 CMR 40.0896 (for Class C RAOs only)?
l No
11 Yes
If yes, check one:
L Active 0 & M
Passive 0 & M
Book/Page Number (or other identifier):
Attach to this RAO Statement a description of any operation, maintenance, and/or monitoring that will be required to confirm and/or maintain
those conditions at the disposal site upon which the RAO is based.
evised 10/1/93
R
Thi
eoopaper-
f I
s rm s pred on recycledper
Page 1 of 3
9
I
Page 2
BWSC-004
Release Tracking Nuiber:
RESPONSE ACTION OUTCOME (RAO) STATEMENT
II
L5S
o
Nsbr
F. RESPONSE ACTIONS COMPLETED:
COMPLETION STATEMENT
(Check all that apply)
TYPE OF
RESPONSE ACTION:
YES
NO
Immediate Response Action*
K
I El
Release Abatement Measure*"
L
Z
ATTACHED
PREVIOUSLY
SUBMITTED
DATE OF DOCUMENT
0
l
Utility-Related Abatement Measure"
-....
/1
/94&
/_
/
--
L
Phase 1
12-27-94
/....
0LL
Phase II1-
-.
Phase 11
Phase IV
l
Phase V
0
LIL
L
--
- -
--
-
L]
'if multiple actions were completed at a disposal site, provide an attachment stating the date of the Completion Statement for each.
G. DESCRIPTION
(Check all that apply)
OF RESPONSE ACTIONS: Provide details on attachments, as warranted.
OTHER RESPONSE ACTIONS:
REMOVAL OF REMEDIATION WASTE:
L Contaminated Water
IN Contaminated Soils
(check all that apply):
r Excavate
L
Berms/Dikes/lmpoundments
Temporary Covers/Caps
Waste/Product Racovery
LStore
Temporary Evacuation/Relocation of Residents
L Temporary Water Supplies
Re-use
@ Recycle Actual Volume:
Landfill
Drainage Controls
L
L
L Treat
L
L
[I
tons
L
I27 - 17bt yu
Actual Volume:
Drums/Tanks/Containers
-
cubic yards
Vent System
Groundwater Treatment Systems
l
Other:
L NAPL
L
Other:
L ASSESSMENT ONLY
H. FINDINGS AND CONCLUSIONS:
Except where previously submitted and specified, submit all documentation, plans, and/or reports necessary to support the RAO to the
Department, including, without limitation. the following:
+
For all Class A RAOs, information documenting the extent to which levels of oil and/or hazardous material in the environment have
been reduced to background, and for all Class A-2 and A-3 RAOs, the results of the feasibility evaluation conducted pursuant to
310 CMR 40.0860 demonstrating that the achievement of background is not feasible.
*
For all Class A and Class B RAOs. information supporting the conclusion that a level of No Significant Risk has been achieved or
exists.
*
For all Class A RAOs and where applicable to Class C RAOs, a demonstration that all uncontrolled sources, as specified in 310
CMR 40.1003(5) have been eliminated or controlled.
*
For all Class C RAOs. information supporting the conclusion that no substantial hazards remain at the disposal site.
*
For all Class C RAOs, a copy of the plan, as specified in 310 CMR 40.0861(2)(h). which presents definitive and enterprising steps
to be taken toward achieving a Permanent Solution at the disposal site.
Revised 10/1/93
Revied 01193 hisformis rined n rcycld pper
This form is printed on recycled paper.
Pae 2ofI
Page 2 of 3
a
BWSC-004
RESPONSE ACTION OUTCOME (RAO) STATEMENT
I. LSP OPINION:
/g
LSP Name:
Telephone: 413 -
olr1
Spring Fnvironmental nonsnltants,
Alan Weiss
323 -
5957
'C
Inc.
President
Tie:
Ext.
I attest that I have personally examined and am familiar with the information contained in this submittal, including any and ao
retiints
accompanying this attestation, and in my professional judgment, the response action(s) that is the subject of this submittal complies wi H the
provisions of M.G.L. c. 21A, §§ 19-19J, 309 CMR. M.G.L. c. 21E, 310 CMR 40.0000, and all other laws, regulations, orders, permits, and
approvals applicable to sych response action(s). I am aware that significant penalties may result, including, but not limited to, possible fines
and imprisonment
i' fully submit information which I know to be false, inaccurate or incomplete.
---
Signatu re
Date:
_/
Seal:
/
License Number:
6442
-
J. CERTIFICATION OF PERSON SUBMITTING RAO STATEMENT:
I certify under penalties of law that I have personally examined and am familiar with the information contained in this submittal, including any
and all documents accompanying this certification, and that, based on my inquiry of those individuals immediately responsible for obtaining
the information, the material information contained herein is, to the best of my knowledge and belief, true, accurate and complete, I am aware
that there are significan penalties. including, but not limited to. possible fines and imprisonment, for wilfully submitting false, inaccurate, or
incomplete informati
Signature:
/
I
Name of Person (print):
Signature:
4(
\- ,
tie f._l.
e42)-
Name of person (print):
Revised 10/1/93
r U-i1
'
-
Date:
:/=t/95
..
-~
Ufa, l/m
hrs-
Date:
I
_
David S. Hastings, Vice President
Thi f
i
s punt
on recycledpaper.
Page 3 of 3
Form 1075
Disposal Site Name: 45 South Pleasant Street
Amherst
MA 01002
DEP Release Tracking No(s): 1-10552
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L c. 21E, S6 and 310 CMR 40.0000
qu-
(f
PURSUANT TO CHAPTER 21E OF THE MASSACHUSETTS GENERAL LAWS, AS
AMENDED ("Chapter 21E") and THE MASSACHUSETTS CONTINGENCY PLAN,
NOTICE is hereby given by
310 CMR 40.0000, AS AMENDED ("MCP"),
Mercantile Buildings of Amherst, Inc., of Amherst,Hampshire
County, Massachusetts, being the owner(s) in fee simple of that
certain land located in Amherst, Hampshire County, with the
with the Hampshire County Registry of Deeds in Book 922, Page 81
("Owner"), said land being more particularly bounded and
described in Exhibit A, attached hereto and made a part hereof,
and being shown on a plan entitled, "Plan in Amherst,
Massachusetts", dated January 23, 1995, prepared by Richard J.
Labarge Sr., PLS, recorded with Hampshire County Registry of
("Property");
Deeds as Plan No. 0057 , in Plan Book 0178,
THAT SAID PROPERTY, OR A PORTION THEREOF, IS A DISPOSAL SITE AT
AND/OR HAZARDOUS MATERIAL, SAID DISPOSAL SITE BEING DESCRIBED IN
("DISPOSAL
EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF,
SITE"), AND THAT A RESPONSE ACTION HAS BEEN UNDERTAKEN AT THE
DISPOSAL SITE IN ACCORDANCE WITH THE MCP.
Q
0
Said response action is based upon the limitation on human
access to and contact with oil and/or hazardous material in soil
and the limitation on certain activities occurring in, on, upon,
through, over or under the Property as set forth in an Activity
and Use Limitation Opinion ("AUL Opinion") dated January 26, 1995
prepared by Alan E. Weiss, M.S., holder of a valid license
issued by the Board of Registration of Waste Site Cleanup
Professionals pursuant to M.G.L. c. 21A, SS19 through 19J (any
holder of such a license hereinafter referred to as an "LSP"),
said AUL Opinion filed with the Massachusetts Department of
Environmental Protection ("DEP"), at its Western Regional Office,
under Release Tracking No(s). 1-10552, a copy of which is
attached hereto as Exhibit B and made a part hereof. The
activity and use limitations set forth in said AUL Opinion are as
follows:
1.
Activities and Uses Inconsistent with the AUL Opinion.
Activities and uses which are inconsistent with the AUL
Opinion, and which, if implemented at the Property, may result in
a significant risk of harm to health, safety, public welfare or
the environment, are as follows:
1. Frequent and/or high-intensity use of impacted soil for
children activities;
2. Improper and/or incomplete maintenance of the asphalt
cover; and
3. subsurface excavation without prior consultation with the
DEP or with a Licensed Site Professional.
2.
Permitted Activities and Uses Set Forth in the AUL Opinion.
The AUL Opinion provides that there exists for any
foreseeable period of time a condition of No Significant Risk to
health, safety, public welfare or the environment (such condition
being defined in 310 CMR 40.0000) so long as any of the following
activities and uses occur on the Property:
1.
passive uses only, such as parking, loading and
unloading, temporary storage of trash containers, passage through
by vehicles and pedestrians;
2.
low frequency an/or intensity of use by children;
3.
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. Any such
Opinion shall be set forth in writing, signed and sealed by
an LSP, a copy of which is to be filed with DEP at its
2
Western
1-10552
3.
Regional Office under Release Tracking No(s).
within 30 days of its date of execution.
obligations and Conditions Set Forth in the AUL Opinion.
If applicable, obligations and or conditions to be
undertaken and/or maintained at the Property as set forth in the
AUL Opinion in order that a condition of No Significant Risk may
be maintained shall include the following:
1. maintenance of asphalt cover;
2. see AUL, attached.
4.
Proposed Changes in Activities and Uses.
Any proposed changes in activities and uses at the Property
which may result in higher levels of exposure to oil and/or
hazardous material shall be evaluated by an LSP who shall render
an Opinion, in accordance with 310 CMR 40.0000, as to whether the
proposed changes will present a significant risk of harm to
health, safety, public welfare or the environment. Any and all
requirements set forth in the Opinion to ensure a condition of No
Significant Risk in the implementation of the proposed activity
or use shall be satisfied before any such activity or use is
commenced.
5.
Violation of a Response Action Outcome.
If the activities, uses and/or exposures upon which an
Activity and Use Limitation filed with DEP is based 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 40.0000, and without additional response
actions, if necessary, to achieve or maintain a condition of No
Significant Risk, the owner or operator of the Property subject
to such Activity and Use Limitation at the time that the
activities, uses and/or exposures change, shall comply with the
requirements set forth in 310 CMR 40.0000.
6.
Recording, Filing and Publication Requirements
In accordance with the requirements set forth in 310 CMR
40.0000, this Notice of Activity and Use Limitation shall be:
recorded and/or registered with the appropriate
(i)
Registry of Deeds and/or Land Registration Office, within 14 days
of its date of execution, and marginally referenced on the deed
into Owner at the time of recordation and/or registration;
3
incorporated either in full or by reference into all
(ii)
deeds, easements, mortgages, leases, licenses, occupancy
agreements or any other instruments of transfer, whereby an
interest in and/or a right to use the Property or a portion
thereof is conveyed;
(iii) a copy shall be filed with the following municipal
offices within thirty (30) days of its date of execution:
(1) The chief municipal officer of the community(ies)
in which the Property is located;
(2) The health officer/department of the
community(ies) in which the Property is located;
(3) The zoning official of the community(ies) in
is located; and
Property
which the
(4) The building code official of the community(ies)
in which the Property is located; and
published as a legal notice, in a form prescribed by
(iv)
DEP, within 14 days of its date of execution, in a newspaper
which circulates in the community(ies) in which the Property is
located.
Owner hereby authorizes and consents to the filing and
recordation and/or registration of this Notice of Activity and
Use Limitation 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 Cxcution
hereof under seal this
A2
day of
______I
f
flwner 1V2 /C/%/r//
/
/
~
COMMONWEALTH
L/
t
o
$ka-f
gdU cc/ I
OF MASSACHUSETTS
6K) ,41__
tAA~jss.
Then personally appeared the above named /'Xfltl#A
acknowledged the foregoing to be his her free act and deed before
me,
ar
c
4
Public,
.expires:
0
The undersigned LSP hereby certifies that he/she executed
the aforesaid Activity and Use Limitation Opinion attached hereto
as Exhibit D and made a part hereof and that in his/her Opinion
' 'tation is consistent with the
this Notice of Activity and
e Limitation Opinion.
%9
terms set forth in said Ac
Date:
a
as 'ALAN
ESWEISS
.No. 6442
COMMO
ss.
LW
L$P SEAL)
8USETTS
SIE lcv
19_9
r and
Then personally appeared the above named
acknowledged the foregoing to be his/her free act and deed before
me,
Notary Public
My comm.
expires:
PublINE
FNA
My Commission Expires March 31, 2000
AUL.lit
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EXHIBIT A
Page 2
Beginning at the southeasterly corner of the premises herein .escribed, at
an iron pin set in the westerly line of the location of West Street, commonly called South Pleasant Street, a highway; said iron pin also marking
land of James F. Page; thence turning to the left and running WESTERLY along
land of said Page and land of Amhar:t Savings Bank a distance of approximately sixty nine (69) feet; thence turning to the left and running
SOUTHERLY twenty one (21) inches; thence turning to the right and running
feet to the SOUfrPESTERLY corner of a retaining wall constructed of concrete and to land formerly of J. S. and Sidney Adams; thence turning to
William Cutler and Geotge Cutler to William ';.aunt and Oliver D. Hunt,
to Lucas ?Williams and B.R. Williams dated October 24, 1879, and recorded
m.2: deed from Dwright Gilbert Cutler to George Cutler, dated June 4, 1883,
recorded in said registry of deeds in book 381 at page 307; and deed from
Cutler.
The grented premises are conveyed subject to the right reserved in the deed
Subject also to the right reserved in said deed to the owners of thd stores
and C.Adams, their heirs and assigns, to keep open the drain for the passrge
of the water from their cellars through the walls and cellar of said building forever by said owners being at one half the expense of maintaining said
drain, passage and outlet.
with teams from the southwest corner of his lend over the. premises herein conveyed to the highway.
$TrB.JECT also to the right reserved in said deed to Oliver D. Hunt and William
NORTERLY side of The First Nntional Bank of Amherst, as described in the
deed froo William and George Cutler to William W. Hunt and Oliver D. Hunt,
dated September 20,1867, and recorded in said registry of deeds, in book
246, at page 285.
SUBJECT also to taxes for the year 1937, of which the grantee assumes and
South Pleasant
Street
Amherst
-
EXHIBIT B
COLD SPRING ENVIRONMENTAL
CONSULTANTS, INC.
* 21 E Site Investigations
* Subsurface Investigations
* Pollution Remediation
* LSP on Staff
January 26,
- Percolation Tests and
Septic Designs
. Regulatory Compliance
RecyclingandSolid Waste
1995
Attorney Martine Reed
Brown, Hart, Reed and Kaplan
Amherst, MA. 01002
RE:
Response Action Outcome/
45 South Pleasant Street, Amherst, Ma.
DEP RTN:
1-10552
Dear Attorney Reed:
With respect to the abovementioned site and based on our data
collected and interpretations presented in previous documents
dated November 7, 1994 and December 27, 1994, it is the opinion
of Cold Spring Environmental that sufficient remedial response
actions and assessment commensurate with the magnitude and impact
of the release of #2 fuel oil and the risk posed by it have been
properly completed to control the reported release.
While the levels that have been achieved do not reach background,
they do achieve a condition of "No Significant Risk" as defined
by 310 CMR 40.0975(6)(a) with the implementation of an Activity
and Use Limitation. Complete implementation of remedial measures
to achieve background levels in accordance with 40.1020 and
40.0860 (4) would not be justified in that the costs to conduct
further response would exceed the benefits to public health and
the environment.
The foundation for the implementation of this AUL is its reliance
on an established S-3 standard of 5,000 ppm TPH given:
1. That the frequency of exposure to the soil to children
would be considered low, in that children are only present
at infrequent intervals and that their intensity of use is
low.
2. That the frequency of use by adults is considered high
while their intensity of use is low.
3) The soil, maintained under asphalt, would be only
potentially accessible.
The AUL is explicitly limited to an area of soil located at the
bottom of the former tank excavation. This has been shown to
consist of only the area that remains in exceedance of the S-1
TPH Soil Standard of 500 ppm (bottom soil samples measured at
350 Old Enfield Road - Belchertown, MA 01007 (413) 323-5957 & 323-4916
Fax: 323-4916
Page 2: Attorney Martine Reed
January 26,1995
2,600 ppm to 3,600 ppm but well within the S-3 TPH standard of
5,000 ppm). The S-3 level can be relied upon if the above
conditions are met. In addition, sidewall PID and laboratory
results from our previous work confine the application of the AUL
to the surveyed area as noted on the Plan prepared by Richard
LaBarge, Sr., RLS.
Content of the Activity And Use Limitation:
The AUL would include the placement and maintenance of an
impermeable layer of asphalt (3" thick) over the noted area. The
asphalt in the noted area must be properly maintained to prevent
potting and cracking in the future until such time as the AUL is
lifted by presentation of additional data or future regulations
that no longer require the limitation of access to the subsurface
soil. No subsurface excavation in the area of the AUL is allowed
without prior consultation of the Massachusetts DEP or a Licensed
Site Professional.
It has been shown with the installation of monitoring wells that
the site meets applicable GW-3 groundwater standards for
petroleum hydrocarbons in groundwater (letter of 12/27/94).
As such, the site complies with the requirements of a Class A-3
Response Action Outcome (RAO), and the RAPS Response Action
Performance Standard for sufficient technical resolution has been
maintained. In this characterization, it has also been evaluated
that a reduction of levels to background is not necessary nor
environmentally beneficial (given site logistics, conditions and
identification of public health risks) in order to achieve the
condition of "No Significant Risk" (310 CMR 40.0860).
A copy of this letter should be recorded with the AUL and
submitted to Mr. David Slowick of the Massachusetts Department of
Environmental Protection (436 Dwight Street, Springfield, MA.
01103) as soon as possible. The AUL must be recorded with the
Deed and Survey and a Public Notice of the AUL provision must
also be placed in the local newspaper.
Please feel free to contact us with any questions.
Sincerely,
,ALl
o, 4
Cold Spring Environmental Consultants, Inc.
4tN
Alan E. Weiss, M.S.
Licensed Site Professional
Principal Hydrogeologist
President
644
C
R
PA0rEs..
a--
a
BWSC-002
Rtelease Tracking Number:
0S5-rN
OHM RELEASE LOG FORM ATTACHMENT
AS
A. LOG/RE
LOCATON INFORMATION:
ii?
Date:
/0 /22
Follow-up Office
S
City/rown:
E
Use of Attachment (check one):
Field
E
Ct.'
3--
Time:
am
ircle one)
Attachment Page(s):_ of
B. ADDITIONAL DESCRIPTION:
Is this form being used to document an Oral IRA Plan approval and/or conditions?
C. ADDITIONAL POT
E
Other PRP
.
TIALLY RESPONSIBLE PARTY INFORMATION
6
If Other Contact, Specify Rea nship to Release:
V'V%
-0 L
Other Contact
Cotreetm:
Title:3
CiyTw:State:
Telephone:
Yes
42.
-
15L
k
Ext.
Name of Local Contact:
Street:
City/Town:
Telephone:
Zip Code:
01
Zip Code:
61/00
2
-
___,__A
Title:
State:
Ext.
D. DEP ASSIONM
Preparer of RLFA (ple
Signature:
Staff Lead Assigned (if different from Preparer):
Revised 10/1/93
4-~~~Tis
form is printedon recycled paper.
Pagel1 of 1
Q-4
'Bureau of Waste Site Cleanup
BILL OF LADING
[2]-
(pursuant to 310 CUR 40.0030)
BWSC-012A
Relase Tracking Number:
5o-Z 7-
A. LOCATION OF SITE OR DISPOSAL SITE WHERE REMEDIATION WASTE WAS GENERATED:
Release Name (optional):
Street:
S onmi
4S
PLeA/.4PJT
City/Town:
5-
LocationAid: kklSRJs
ZipCode:
010 2
-
-
/
/5
to IE. /12 /
Jf.
Additional Release Tracking Numbers Associated with this Bill of Lading:
Date/Period of Generation:
rior to
*Note: If this 8ii of Lading is the result of a Limited Removal Action (LRA) taike
Notification,a Release Tracking Number is not needed.
B. PERSON CONDUCTING RESPONSE ACTION ASSOCIATED WITH BILL OF LADING/estern rey
Name of Organization: MeaC. -nM BVLiu6 5 oF AM/7vb c,~jjC.
ocotd
Title:
N I AST
Name of Contact: I) A D H
5r
9120110e1
Street:
ZipCode:
6100
State: AJAe
City/rown:
Telephone: L15 - 233 - ZVO Ext.
C. RELATIONSHIP TO RELEASE OR THREAT OF RELEASE OF PERSON CONDUCTING RESPONSE ACTION
ASSOCIATED WITH BILL OF LADING:
(check one/specIfy)
El
a
El
E
O
RP Specify (circle one):
PRP Specify (circle one):
Owner
Operator
ip
O
tor
Generator
Generator
Other RP:
Other PRP:
Transporter
Transporter
Agency/Public Utility on a Right of Way
Other Person:
If an owner and/or operator is not conducting the response action associated with the Bill of Lading, provide on an attachment the name,
contact person, address and telephone number, including any area code and extension, for each, if known.
D. TRANSPORTER/COMMON CARRIER INFORMATION:
Transporter/Common Carrier Name:
Contact Person:
106
Street:
Foc-c.
5;~
7S7
-
q84
1"
State:
-AST14AMPTVJ
-
S
Title: pa7
CCK.,)
-tAAMPTDm
e
A
City/Town:
Telephone: 9S
CaNAi4
O Ext.
Zip Code:
0102
-
ZipCode:
01O 0
-
-
E. RECEIVING FACILITY/TEMPORARY STORAGE LOCATION:
Operator/Facility Name:
Cd
i Li('
6oA
Ce.
Title:
A\U&LjA3 I
04N)LContact Person:
*
R
I§TZY
SA
Street:
City/Town: C14tC PeZ
Telephone: Y('
Type of Facility:
Ext.
57'(
f
(check one)
Asphalt Batch/C6|d Mix
Asphalt Batch/Hot Mix
El
Division of Ha..ardous
Waste/Class A Permit #:
Thermal Processing
LIUZ
o
sZ5
A 64
State:
________
El
El
E
Revised 10/1/93
E
El
Landfill/Daily Cover
Landfill/Structural Fill
Division of Solid Waste
Incinerator
Temporary Storage
Other:
EPA Identification #: 1apOC0O I
Management Permit #:
Actual/Anticipated Period of Temporary Storage (specify dates if applicable):
Reason for Temporary Storage (if applicable):
E]
Landfill/Disposal
_
/--
/___
to
-
.
_ __
4j Pr
I
Page 1 of2
a
a
Massachusetts Department of Environmental Protection BWSC-OT2A
Ro10850 Tracking Number:
BILL OF LADING
(pursuant to 310 CNR 40.0030)
E. RECEIVING FACILITY/TEMPORARY STORAGE LOCATION (continued):
Temporary Storage Address:
A
Street:
City/Town:
Zip Code:
State:
-
F. DESCRIPTION OF REMEDIATION WASTE:
(check all that apply)
2
L]
Contaminated Media (circle all that apply):
Contaminated Debris (circle all that apply):
Inorganic Absorbant Materials
Groundwater
(9)
Surface Water
Demolition/Construction Waste
Other:
Other:
Vegetation/Organic Materials
Other:
Non-aqueous Phase Liquid
Non-hazardous Uncontainerized Waste (circle all that apply):
Containers
Bottoms/Sludges
Tank
apply):
that
all
(circle
Waste
Containerized
Non-hazardous
Other:
Engineered Impoundments
Oil
t4
Ditsel Fuel
Gasoline
Type of Contamination (circle all that apply):
Cubic Yards:
Estimated Volume of Materials:
Wastc Oil
#6 0i|
Other:
JetFuel
Kerosene'
Drums
Tons:
A ID
Transportation Accident
Contaminant Source (check one/specify): 0
Other:
21
R Underground Storage Tank
El Other:
Release Abatement Measure
Comprehensive Response Action
miateRe
Response Action Associated with Bill of Lading (circle one):
Limited Removal Action (LRA)
Utility-Related Abatement Measure
Other (specify):
o-itSppo
.]
lb
Remediation Waste Characterization Support Documentation attached:
Field Screening Data
. Laboratory Data
1 Site History information * Sampling and Analytical Methods and Procedures
document such
with
what
in
connection
and
If supporting documentation is not appended, provide an attachment stating the date
information was previously submitted to DEP.
0. LICENSED SITE PROFESSIONAL (LSP) OPINION:
LSP Name:
Telephone:
e
Ptt-A
G-
-
3Z3
-
etJJ.
SPeING
COLt
.
A &iS5
(aASjT,
'
-zjc_
-Title:
Pa6
-
5SExt.
I have personally examined and am familiar with the information contained on and submitted with this form. Based on this information, it is my
Opinion that the testing and assessment actions undertaken were adequate to characterize the Remediation W ste, in accordance with 310
bmittal. I am aware
CMR 40.0030, and that the facility or location can accept remediation wastes with the characteristics d
o n which I know to
li
_not limited to, possible fines and imprisonment may resultif I
that significant penalties including.
-bi false, inaccurate, or materi 1 6 plte
Signature:
Date: 12
lt
/9
ALAN
E.
E.
WEISS
No.6442
Seal:
I"
License Number:
%.$/STEke*/
H. CERTIFICATION OF PERSON CONDUCTING RESPONSE ACTION ASSOCIA
BILL OF LADING:
IS
the information, the material information contained herein is. to the best of my knowledge and belief, true, accurate and complete. I am aware
that there are signifi t penalties, including, but not limited to, possible fines and imprisonment, for wilfully submitting false, inaccurate, or
incomplete informa
Signature:
Revised 10/1/93
Date:
&
V
5I/
A-
A
/1L /f±
r05
Page 2 of 2
a
a
BWSC-012B
Release Tracking Numbexr:
BILL OF LADI G (pursuant to 310 CMR 40.0030)
OF
LOG SHEET1. LOAD INFORMATION:
resentative:
: Signature of Transporter
LO
Date of Shipment:
_ /_c/Is'
Truck/Tractor Registration:
0
Time of Shipment:
-
4I-~
circle one) am/pm
Trailer Registration (if any):
A4Ly
Signature of
r Resent
Revng F
of Shipment:
,Time
A
e apm
y Storage Representative:
at of Receipt
/4Q /:(circle
TrucldTractor Re
Time of Receipt:
Size (cu. yds./tons):
Date of Shipment:
i
of Receipt,
Storage Representative:
(circe
,1) 41_VLoad
______
LOA
Facili
Re
one) am/pm
(circle one) am/pn
tr
Time of Receipt:
le
/f f__
i Load Size (cu. yds./tons):
Receiving Facility/Temporary Storage Representative:
LOAD 3: Signature of Transporter Representative:
Date of Receipt:
Time of Shipment:
Date of Shipment:
/____ /_
_
_
:
_
(circle one) am/pm
Time of Receipt:
____
(circle one) am/pm
Load Size (cu. yds./tons):
Date of Shipment:
Date of Receipt:
/_.
-
/
Time of Shipment:
_
-
-
(circle one) am/pm
____ /._
Time of Receipt:
/____
(circle one) am/pm
Load Size (cu. yds.tons):
Date of Shipment:
Date of Receipt:
-_._
........
Time of Shipment:
_____
_
(circle one) am/pm
____
/
Time of Receipt:
_ /____
(circle one) am/pm
Load Size (cu. yds.tons):
Date of Shipment:
Date of Receipt:
/_..
/_
Time of Shipment:
-
:
(circle one) am/pm
Trailer Registration (it any):
-
/
Time of Receipt:
/_
(circle one) am/pm
Load Size (cu. ydsitons):
Date of Shipment:
_ /__
/_
.
Time of Shipment:
. _
Date of Receipt:
__ /
(circle one) am/pm
Time of Receipt:
(circle one) am/pm
Load Size (cu. ydsjtons):
J. LOG SHEET VOLUME INFORMATION:
Total Volume This Page (cu.yds.tons):
--
Total Carried Forward (cu.yds.tons):
Total Carried Forward and This Page(cu.yds./tons):
Revised 10/1/93
Page 1 of 1
a
ali
BWSC-012C
FRelease Tracking Numberr:
BILL OF LADING
SUMMARY
K. SUMMARY OF
DATE OF SHIPMENT:
(pursuant to 310 CUR 40.0030R
W/
I/ OF
SHEET
L-L105
I?-
SHIPMENTS:
j
DATE OF RECEIPT:
NUMBER OF LOADS SHIPPED:
DAILY VOLUME SHIPPED (CU. YDSJTONS):
ID------- /--?. -/7---- -7-o--- --------------------------------------------------------------------------- ---------------- ------------------------------------------------------------------------ ----------------- ------------------------------------------------------------------------ ---------------- ------------------------------------------------------------------------ ----------------- ------------------------------------------------------------------------ ----------------- ------------------------------------------------------------------------ ----------------- ------------------------------------------------------------------------ ----------------- ------------------------------------------------------------------------- ----------------- ------------------------------------------------------------------------ ----------------- --------------------------------------------------------- -------------------------------------------7--------------------------------------------------------------------------- --------------------------------------------------------- -------------------------------------------- ----------------------------------------- -------------------------------------------- --------------------------------------------- -------------------------------------------- -----------------------------------------------------------------------------I--------------------------------------------------------- ------------------------------------------------------------------------------- m
-------------------------------------------I-------------------------------------------------------- --------------------------------------------- ------------------------------------------------------------- ---------------- -----------------------------
-------------------------------------------------------------------------- ----------------------------------------------------------- ------------------------------- --------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------- I---------------------------------------------------------- --------------------------------------------------------------------------------------- ------------------------------- ---------------- L---------------------------- -------------------------------------------- ----------------
------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------
--------
SUMMARY SHEET TOTAL SHIPPED
BILL OF LADING TOTALSHIPPED (only it different):
I
I Revised 10/1/93
This formi is printed on recycled paper.
Page 1 of 2
A
r -11
$
BWSC- 12C
Release Tracking Number:
BILL OF LADING (pursuant to 31o
SUMMARY SHEET
CMR 40.0030)
L
1/05~L
L. ACKNOWLEDGEMENT OF RECEIPT OF REMEDIATION WASTE AT RECEIVING FACILITY OR
TEMPORARY STORAGE LOCATION:
Receiving Facility/Temporary
Title:
Location Repret0ntativaprEp:
TiDae:
-
it
Signature:
li/ 1
Date
M. ACKNOWLEDGEMENT OF SHIPMENT AND RECEIPT OF REMEDIATION WASTE BY PERSON
CONDUCTING RESPONSE ACTION ASSOCIATED WITH THIS BILL OF LADING:
the information, the material information contained herein is, to the best of my knowledge and belief, true, accurate and complete. I am aware
that there are significant penalties, including, but not limited to, possible fines and imprisonment, for wilfully submitting false, inaccurate, or
incom plete inform ati
Signature:
.
,
Revised 1011/93
(D
Date:
o&- /+/OT 7-J6(S
This for is printed on recycled paper.
Page 2 of 2
Commonwealth of Massachusetts
Executive Office of EnvNronmental Affairs
Department of
William F. Weld
Govemor
Trudy Coxe
Soeemy,
EOEA
November 17,
1994
Thomas B. Powers
Acung Commissioner
32 North Prospect Street
Amherst, MA
01002
Attention: Mr. Donald Hastings
RE:
Amherst
Release Tracking #1-10552
Immediate Response Action Plan
IRA PLAN APPROVAL
Dear Mr. Hastings:
On November 14, 1994, the Department of Environmental Protection, Bureau of Waste
Site Cleanup, Emergency Response Section ("the Department") received an Immediate
Response Action (IRA) plan for the release referenced above at 45 south Pleasant
Street, Amherst, MA (the "site") . This letter is written to inform you of the
Department's approval of the IRA plan pursuant to 310 CMR 40.0420 (6).
The IRA plan, dated November 7, 1994, was prepared and submitted by Cold Spring
Environmental Consultants, Inc. on behalf of Mercantile Buildings of Amherst,
Inc.
The IRA consisted of removal of a leaking #2 fuel oil
underground storage
tank, removal of impacted soil, and collection and analysis of post-excavation
soil samples.
All contaminated soil excavated at the site will be managed in
accordance with the Department's "Interim Remediation Waste Management Policy for
Petroleum Contaminated Soils" (Policy #WSC-94-400).
The Department hereby approves the above referenced IRA plan as submitted.
Any
the IRA plan must not be
additional remedial actions not referenced in
implemented until approved in writing by the Department.
If you have any questions regarding this letter, please contact Adam Wright of
the Emergency Response Section at the above address or 41
84-1100 ext. 292.
rs trul
vid A.
o
Section Chief
Emergency Response
AGW/agw /kml
\1-10552.IRA
cc:
Amherst
Fire Department
Board of Health
Mr. Alan Weiss, Cold Spring Environmental Consultants, Inc.
436 Dwight
Street
*
*
FAX (413) 784-1149
*
Telephone (413) 784-1100
*
*
*
*
CONSULTANTS, INC.
21 E Site Investigations
Subsurface Investigations
Pollution Remediation
LSP on Staff
- Percolation Tests and
Septic Designs
- Regulatory Compliance
- RecyclingandSolid Waste
November 7, 1994
Mr. Donald Hastings
Amherst, Ma. 01002
RE:
Release of #2 Fuel Oil IRA Report
45 South Pleasant Street, Amherst, Ma.
CSEC Proj. #94-421-1012
DEP Release Tracking 1-10552
4
Dear Mr. Hastings:
Cold Spring Environmental Consultants, Inc. was contracted at
your request for consultation, sampling and inspection at the
abovementioned address on October 11, 1994. The inspection
revealed evidence of a release of fuel oil from the former 3,000
gallon #2 fuel oil underground storage tank (UST). Upon review
of the situation with Fire Inspector Boland, we observed that the
bottom soil from the excavation had a stained appearance, an odor
of fuel oil and exhibited the volatile characteristics (ie., PID
meter readings in excess of 50 ppm) of a UST release requiring
you to notify the DEP within 72 hours. Alan Weiss of CSEC, Inc.
notified Adam Wright of the Massachusetts DEP on your behalf on
October 11th, 1994. Verbal approval of an Immediate Response
Action (IRA) consisting of soil removal and follow-up soil
sampling and laboratory analyses was obtained. Mr. Wright of the
DEP responded by noting that he will verbally approve the IRA and
await our written IRA Report on the release condition. He noted
that Alan Weiss was the LSP of record to determine the
characteristics of the release conditions subject to 310 CMR
40.000.
Upon our inspection we determined it was necessary to segregate
the excavated soil based on PID readings, visual staining and
odor conditions. You were given preliminary instructions to
remove impacted soil from the immediate sides and bottom of the
excavation and stockpile it on site on October 12, 1994. This
was followed by excavation of soil from a depth of 7' to 10.5'
below grade. PID levels in bottom samples dropped slightly from
105 to 115 ppm down to 75 to 80 ppm. Total Petroleum Hydrocarbon
(TPH) analysis of the final composite bottom sample at 10.5 feet
at the east end of the excavation found 3,600 ppm using Method
D3328. Laboratory analysis of soil samples taken at .10' feet at
the bottom of the west end of the excavation found 2,600 ppm.
TPH results from a composite sidewall sample found 48 ppm.
350 Old Enfield Road * Belchertown, MA 01007 - (413) 323-5957 & 323-4916
Fax: 323-4916
Page
2: Mr. Donald Hastings
November 7, 1994
The underground storage tank (UST) had been emptied prior to our
inspection. Inspection of the soil in the UST excavation by our
staff on October 12, 1994 revealed visual evidence of a release
of fuel oil. Contamination was observed adjacent to and beneath
the former tank. Soil was excavated from the bottom of the tank
hole from 7.5 to 10.5 feet. Any further soil removal was thought
to undermine the integrity of the adjacent building, porch
supports and footings. The underlying soil consisted of green,
dense silt and clay till. The sidewall soil consisted of gravel
fill. No groundwater seepage was observed at the final depth of
10.5 feet.
The soil was stockpiled on polyethylene and under polyethylene
until proper Bill-of-Lading removal to a recycling plant could be
arranged. Approximately twelve cubic yard of contaminated soil
were removed from the excavation. That material is to be
properly transported to Ondrick's Contruction in Chicopee (by
Cernak Tank) for soil recycling on Thursday, November 10, 1994.
Analysis of a characteristic sample of stockpile 'soil ("Stock")
identified 2,800 ppm TPH, and 1,000 ppb xylene.
The follow-up bottom and sidewall soil samples found 2,600 to
3,600 ppm of residual Total Petroleum Hydrocarbons (this level is
above the S-1 Reportable Concentration (RCS-1) of 500 ppm needed
for site closure).
The alternate standards of 2,500 ppm and
5,000 ppm are not currently applicable at.this site. The S-2 or
S-3 standards may be applicable in the future based on further
investigation and repaving of the impacted area. Furthermore, it
may be possible to close the release with an Actitivity Use
Limitiation (Deed Restriction) as long as groundwater testing
finds that groundwater impact is less than applicable water
quality standards.
Further soil excavation is not considered a reasonable or
technically feasible approach to attempt to reduce soil
concentrations further based on site logistics (building
footings, fire escape etc.).
The installation of three to four
monitoring wells would be recomended in order to identify the
extent of soil contamination and potential impact of the release
on groundwater.
0
0
Page
3: Mr. Donald Hastings
November 7, 1994
SUMMARY
Alan Weiss, LSP of our staff, made a site inspection on October
12, 1994 and found evidence that a release of fuel oil had
ocurred from an underground 3,000 gallon tank. It is our opinion
that the Imediate Response Action (IRA) consisting of soil
removal and tank removal are complete, however residual levels of
petroleum warrant further excavation and/or assessment
(completion of a Phase I Report and Site Classification within 1
year of original DEP notification).
This determination was based
on visual inspection, PID screening and the abovementioned soil
sampling of the impacted area as shown on the site sketch
(attached).
After limited soil removal followed by visual inspection,
headspace photoionization detector screening and Total Petroleum
Hydrocarbon sampling, and based on comparison of the results with
310 CMR 40.00, is it is our opinion that the site would need
further response actions in order to be considered sufficiently
remediated and meet a condition of no significant risk.
Please feel free to contact us with any questions and be sure to
submit this IRA report/letter with a signed Release Notification
Form (if not already completed) to the DEP in Springfield within
60 days. We would be happy to discuss the next phase of work
necessary (monitoring wells and Phase I Report and/or further
soil excavation) at your.convenienc6.
Also please note that the Bill of Lading must be signed by you
before and after the transport of the. soil by Cernak Tank to the
Ondrick Construction facility.
In addition, originals ofthe
enclosed IRA Transmittal and Completion forms.must also be.signed
by you and submitted to the DEP with this report within. 60 days
of your original release notification. The DEP should also
receive the completed Bill of Lading within 14 days of soil
transport.
Sincerely,
.U~
an E. Weiss, LSP #6442
President
Attachments
O40F
ALAN
.S
0 644
JDAS-/0)(G & - /
COLD SPRING ENkONMENTAL
CONSU-TANTS
0107
MA
-
SH
D+AEsN
CALCUATED
(413) 323-5957
CHECKED
BYA.
DATE
DATE
-
By
A)n7
SCALE-__
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Attachment I
Analytical Lab Results
0
A N A L Y T I C A L
.- TRI
D A T A
S U MM A R Y
Report Date:
Account:
Address:
Manager:
Project Name:
Project No.:
Project
0/25/94
Cold Spring Environmental Consult.
old Enfield Rd.
-350
Belchertown, MA 01007
413-323-5957.
A.Weiss
A.G. Hastings
94-421-1012
(10-13-94)
Sample Information:
Laboratory ID
42866581-001
42866581-002
42866581-003
Laboratory ID
42866581-004
42866581-005
Client/Field ID
BOT-E-10.5
BOT-W-10.0
SIE-Comp
Lab Certifications
Re ved by
en DiMattei
Quality Assurance Officer
St
Matrix Analytical, Inc. 0 106 South Street
Client/Feld ID
STOCK
QC Report -Soil
U
EPA ID: No. MA059
Massachusetts: No. M-MA059
Maine: Reciprocity
Florida(DEP): QA Plan No. 9004376
Florida(HRS): No. E87290
Connecticut: No. PH0515
Rhode Island: No. 87
South Carolina: No. 88011
New York: ELAP No. 11116
New Hampshire: No. 2041
Hopkinton,
MA 01748-2295
* 1 (800) 362-8749
S
Matix Analytical, Inc.
106 South Street
Hopkinton, MA 01748-2295
1 (800) 362-8749
F I N A L
R E P O
R T
Client Infonnation
Account:
Address:
350 Old Enfield Rd.
Project Name:
Project Number:
Project Manager:
Sampler Name:
A.G. Hastings (10-13-94)
94-421-1012
A.Weiss
Dare Sampled:
Date Received:
10/12/94 15:45
Sample Information
Lab ID:
Client ID:
Matrix:
42866581-002
BOT-W-10.0
Soil
Date Reported:
:Detection
Limit
Analytical Parameter
Result
Unit
MISCELLANEOUS TESTING
Percetm Moismre
10.1
Peent
2.600
mg/kg
10/13/94
10/25/94
:0
Method
No.
Analyst
Date
Analyzed
ch
10117/94
ck
10/23/94
Petroleum Hydrocarbon Analysis
TPH - GC
Comment:
100
D3328
TPH-GC quaiation includes a total of both target
and non-uarge petroleum hydrocarbons. The quandation
for non-urget petroleum hydrocarbons is based on the
response factor of a diesel fuel standard.
Page 1
0
0
Matrix Analytical, Inc.
106 South Street
F I N A L
R E P O
R T
1 (800) 362-8749
Cient Information
Account:
Address:
350 Old Enfield Rd.
Belchertown. MA 01007
Project Name:
Project Number:
Project Manager:
94-421-1012
A.Weiss
Sampler Name:
42866581-001
BOT-E-10.5
Dae Sampled:
Date Received:
Sol
Date Reported:
10/12/94 15:45
10/13/94 : 0
10/25/94
Sample Information Lab ID:
Clien ID:
Matrix:
Detection
Limit
Method
No
Analyst
Date
Analyzed
ch
10/17/94
Result
Unit
9.4
Percent
3,600
10/23/94
ck
D3328
t0
Wkg
TPH-GC quamitation includes a total of both target
and non-target petroleum hydrocarbons. The quantitation
for non-arget petroleum hydrocarbons is based on the
Percent Moisture
Petroleum Hvdrocabon Analysis
TPH - GC
Comment:
Page
1
0
S1
Matrtx Analytical, Inc.
F I N A L
106 South Street
1 (800) 362-8749
R E P O
R T
Client Information
Account:
Address:
350 Old Enfield Rd.
Project Name:
Project Number:
Project Manager:
Sampler Name:
94-421-1012
A.Weiss
Sample Information
Lab ID:
42866581-003
Date Sampled:
10/12/94 15:45
Client ID:
Matrix:
SIDE-Comp
Date Received;
Soil
Date Reported:
10/13/94
10/25/94
-Detection'
Limit
:0
Method
.No.
Analyst
Date
Analyzed
ch
10/17/94
Result
Unit
Percent Moisture
12.7
Percent
Petroleum Hydocarbon Analysis
TPH - GC
48
10/22/94
ck
D3328
I
mg/kg
TPH-CC quantitaion includes a total of both target
and non-target petroleum hydrocarbons. The quantitation
for non-target petroleum hydrocarbons is based on the
Comment:
Page I
0
S
Mauix Analydcal, Inc.
106 South Street
F I N A L
R E P O R T
1 (800) 362-8749
int Information
Account:
Address:
350 Old Enfield Rd.
Project Name:
Project Number:
Project Manager:
Sampler Name:
94-421-1012
A.Weiss
42866581-004
STOCK
Date Sampled:
Date Received:
10/12/94 15:45
Soil
Date Reported:
Sample Information
Lab ID:
Client ID:
Matrix:
Detection
10/13/94 : 0
10/25/94
Method
Result
Unit .
imt
ND
ND
ug/kg
10000
8240
ug/kg
100
8240
ND
ND
ND
ND
ND
ugfkg
Ug/kg
ug/kg
500
500
8240
8240
8240
8240
Chloroethane
Chloroform
ND
ND
ug/kg
ug/kg
500
500
8240
8240
8240
Chloromethane
Dibromochloromethmne
ND
ug/kg
ND
8240
8240
1,2-Dichlombenzene
ND
ND
ug/kg
ug/kg
ug/kg
500
500
500
500
8240
8240
500
500
500
8240
VOLATILE ORGANICS
Acetone
Benzene
Bromodichloromethane
Bromoform
Bromomethane
Carbon Tetrachloride
Chlorobenzene
1.3-Dichlorobenzcene
1,4-Dichlombenzene
1,1-Dichloroethane
1,2-Dichloroethane
ND
ND
ND
I, -Dichloroethene
cis-1,2-Dichloroethene
ND
trans-1,2-Dichloroethene
ND
1,2-Dichlompropane
cis-1 ,3-Dichloropropene
ND
ND
trans-1.3-Dichlompropene
ND
ND
Ethylbenzene
Methylene Chloride
Methyl Ethyl Ktone
ND
ND
ND
ug/kg
ug/kg
ug/kg
ug/kg
ug/kg
ug/kg
ug/kg
500
500
500
500
500
ug/kg
ug/kg
500
ug/kg
uag/kg
500
ug/kg
500
ug/kg
Ug/kg
500
10000
500
500
No.
8240
8240
8240
8240
8240
8240
8240
8240
8240
Date
Analyst
Analyzed
10/20/94
10/20/94
10/20/94
10/20/94
10120/94
10/20/94
l0/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10120/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10/20/94
10120/94
8240
10/20/94
8240
10/20/94
Page
1
@
106 South Street
F I N A L
R E P O
R T
1 (800) 362-8749
Client Information
Account:
Address:
350 Old Enfield Rd.
Belchertown. MA 01007
Project Name:
Project Number:
Project Manager:
Sampler Name:
94-421-1012
A.Weiss
Sample Information
Lab ID:
Client ID:
42866581-004
STOCK
Dae Sampled:
Date Received:
Matrix:
soi
Date Reported:
10/12/94 15:45
10/13/94 : 0
0/25/94
Detection
Method
Analytical Paramet
Result
Umt
Limit
No.
VOLATILE ORGANICS
MIBK
MTBE
ND
ND
ug/kg
5000
8240
500
500
8240
500
500
500
8240
1,1.2.2-Tetrachloroethane
Tetrachloroethene
Toluene
ND
ND
ug/kg
ug/kg
ug/kg
ug/kg
1,1,-Trichloroethane
ND
ND
1,1,2-Trichloroethane
ND
ug/kg
Trichlorothene
ND
ND
ug/kg
Trichlorofluoromethane
Vinyl Chloride
Xylene
ND
1,000
ug/kg
500
500
500
500
ug/kg
500
ug/kg
The detection limit reported is based
on a X100 dilution of the sample.
ug/kg
Date
Analyst
Analyzed
10/20/94
10/20/94
10/20/94
10/20/94
8240
10/20/94
10/20/94
8240
8240
8240
10/20/94
10/20/94
8240
8240
10/20/94
10/20/94
10120/94
8240
8240
Detection limit due to a series of late eluting
non-target peaks usually fourd in the presence
of petroleum hydrocarbon type compounds.
Surrogate Stdies - Volatiles
Bronofluorobenzenc
1,2-Dichloroethan-D
Toluene-D
Percent
Jo
jo
85
Percent
Percent
10/20/94
10/20/94
jo
10/20/94
10.7
Percent
ch
10/17/94
79
81
Percent Moisture
Page 2
0
Matrix AnalytIcal, Inc.
106 South Street
F I N
A L
R E P O
R T
1 (800) 362-8749
ient Information
Account:
Address:
350 Old Enfield Rd.
Belcherown, MA 01007
Project Name:
Project Number:
Project Manager:
Sampler Name:
94-421-1012
A.Weiss
Cold Spring Environmenmal Consult.
Sanvle Information
Lab ID:
42866581-004
Date Sampled:
10/12194 15:45
Client ID:
STOCK
Soil
Date Received:
10/13/94
10/25/94
Marix:
Date Reported:
Resul
Petroleum Hvdwocarbon Analysis
TPH - GC
Comment:
2,800
-
Unit
Detection
Lit
Method
No.
:0
Analyst
ck
D3328
100
mg/kg
TPH-GC quantitation includes a total of both target
and non-target petroleum hydrocarbons. 'Me quanitation
for non-target petroleum hydrocarbons is based on the
Date
Analyzed
10/23/94
Page 3
Matrix Analytcal, Inc.
106 South Street
1 (800) 362-8749
F I N A L
R E P O R T
lient Information
Account:
Address:
350 Old Enfield Rd.
Project Name:
Project Number:
Project Manager:
94-421-1012
A.Weiss
Sampler Name:
Sample Information
Lab ID:
Client ID:
Matrix:
42866581-005
QC Report -Soil
Date Sampled:
Date Received:
Soil
Date Reported:
Analytical Pamnter
..
Result
Unit..
ND
ug/il
10/12/94
10/13/94 :0
10/25/94
Detection
Method
Limit
No.
Date
Analyst
Analyzed
METHOD BLANK - VOLATILES
Method Blank:
MATRIX SPIKE STUDIES - VOLATILES
Sample ID:
6575-001
Benzene
Chlornbenzene
94
91
1,1-Dichloroethene
105
86
Toluene
Trichloroethene
8240
90
Percent
Percent
Percent
Percent
Percent
METHOD SUMMARIES
NOTE: Analytical results have been corrected and are
reported on a dry weight basis. If required, detection
limits can also be corrected to dry weight using the
percent moisture data included in this report.
Petnleum Hydrocarbon Analysis:
(1) TPH (IR) Based on Methods SW846 9073 and EPA 418.1
Analyzed by FTIR using BioRad FTS 7 instrumentation.
(2) TPH (GC) / Petroleum Hydrocarbon Profile
Based on Methods ASTM D3328. SW846 8100/3550 and the
Sate of Califoria L.U.F.T. field manual.
Analyzed by GC/FID using Hewlett Packard 5890 GC.
Page
1
S
106 South Street
F I
N A L
R E P O
R T
1 (800) 362-8749
Cliert Information
Account:
Address:
350 Old Enfield Rd.
Project Name:
Project Number:
Project Manager:
Sampler Name:
94-421-1012
A.Weiss
SamWle Information
Lab ID
42866581-005
Dare Sampled:
10/12194
:
Client ID:
Maimx:
QC Report -Soil
Soil
Date Received:
Date Reported:
10/13/94
:0
Detection
Result
Unit
Limit
10/25/94
Method
No.
Analyst
Date
Analyzed
METHOD SUMMARIES
Volatile organic analysis is performed using H/P
5995 or 5970 GC/MS, Tekmar purge and trap, and ALS
autosmpler. Chromatography incorporates packed and
megabore columns. Datn reduction is performed on RTE
1000 and ChemStaion systems. Tuning is based on BFB
standards. Procedural guidelines follow EPA 624 or
SW846 for all analyses. Aromatic volatiles listed in
VOA 8020 are analyzed using GC/MS systems.
METHOD REFERENCES
1. Test Methods For Evaluating Solid Waste: Physical
Chemical Methods. EPA SW 846. November 1986.
2. Methods For Chemical Analysis of Water and Wastes.
EPA 600/4-79-200. Revised March 1983.
3. Standard Methods For Examination of Water and
Wasaewater. APHA-AWWA-WACF., 17th Edition. 1989.
Page 2
t
fl
N'
0
BWSC-005
Release TrakMg Numbe,
IMMEDIATE RESPONSE ACTION (IRA) PLAN
TRANSMITTAL FORM (pursuant to 310 CMR 40.0424)
A. RELEASE OR THREAT OF RELEASE (TOR) LOCATION:
IeS
Street:
& s
-
n SMA
U
Location Aid:
AfatSt
City/rown:
07O
ZipCode:
--
Additional Release Tracking Numbers that this IRA Will Address:
B. PERSON CONDUCTING THE IRA:
LCS
'JU
'LC
Wea
Name of Contact:
poC.- b
MA.5 ,)..
Street: 37
At
?c SeA -r .5T
AfNWeL2T5
Cityrrown:
Telephone:
Zl3..
-
25S
7V0
-
.
Or AniHf5T
Title:
100 -
State:
Ext.
(JA.16&
RO9fl
i
Zip Code:
--
-
C. RELATIONSHIP TO RELEASE OR TOR OF PERSON CONDUCTING THE IRA(check one/specify)
]
Owner
RP
J
PRP
Specify (circle one): (Lwl
EI
l
Generator
Transporter
Other RP:
Generator
Transporter
Other PRP:
Other
0
Operator
(pro
Person:
D. RESPONSE INFORMATION:
Is an RNF attached?
NO
Is this a follow-up to an approved oral IRA plan?
Have any response actions been initiated under the oral approval?
It yes, provide details in the IRA plan.
El
Is this an update or modification to a previous written plan?
9
YES
41
Is
A
(4SCL.JS
l
E. SITE CONDITIONS THAT WARRANT IRA:
Media/Receptors Affected (circle all that apply): Air - Groundwater
Residence
School
Public Water Supply
Zone 2
Surface Water
Unknown
Sediments
Other:
Storm Drain
Private Well
-
IRA Trigger (from CMR 40.0412) (check all that apply):
2 HOUR CONDITION
L
0
Sudden Release
Oil Sheen
f
Discharge of separate phase OHM to surface waters. subsurface structures, or
underground utilities/conduits
Release Detected in Private Well
l
LI
Release to soil/vadose zone jeopardizing groundwater
I imminent
Hazard
L
Threat of Sudden Release
Release to Storm Drain
El
Sanitary Sewer Release (Imminent Hazard)
72 HOUR CONDITION
L
*
L
L
L
SUBSTANTIAL RELEASE MIGRATION
Subsurface NAPL
UST Release
Release to groundwater which migrates more than 200 feet per year
OHM release that has impacted or been detected in. or within I year may impact or
be detected in. one or more of the following:
Public/Private Drinking Water Supply Well
l
L
L
Public Reservoir/Surface Water Supply
Downgradient Receptors (specify):
Vapor Discharge into School Buildings/Residences
Release to Groundwater near Water Supply
Release to Groundwater near School or Residence
Threat of UST Release
OTHER CONDITIONS:
Revised 10/15/93
Page 1of 2
0
4
BWSC-@05
Relea.e Trackng Nrnbe
IMMEDIATE RESPONSE ACTION (IRA) PLAN
TRANSMITTAL FORM (pursuant to 310 CMR 40.0424)
F. PROPOSED IRA PLAN:
Objectives), specific plan(s), and proposed schedule must be provided on attachments for all removal and
response actions (check all that apply):
LI
To
El
El
El
El
Contaminated Water
Contaminated Soils
(Check all that apply).
S
Excavate
Store
C1 Re-use
El
E
cubic yards
Recycle Estimate Volume:
El Landfill
Berms/Dikes/rnpoundments
Waste/Product Recovery
Treat
1
Drainage Controls
Estimate Volume:
cubic yards
-
El
El
El
Temporary Water Supplies
Vent System
Other:
NAPL
El
El
Other:
ASSESSMENT ONLY.
0. ENVIRONMENTAL MONITORING PLAN:
Attach schedule and description. (check all that apply):
L
O
O
Soil
Sediment
Surface Water
Groundwater
Soil Vapors
UST Tightness
O
L
Outdoor Air
indoor Air
Other:
H. PERMITS/DOCUMENTATION:
PERMITS/DOCUMENTATION REOUIRED FOR PLAN (circle all that apply):
NPDES (BillofLding
Remoa
tSTAir Emissions Wetlands Groundwater Discharge Other:
HW Manifest
. LSP WHO PREPARED THIS IRA PLAN:
Nar'e of Organization:
(atb
LSP Name:
t
Telephone:
Pr(AC3
9L3
.
.
rrr,4as
WOEk-t-S
323
-
tts
-
'7S'
zjC.
Title:
L SP.
Pr._S'
Ext
I attest that I have personally examined and am familiar with the information contained in this submittal. ir
accompanying this attestation. and in my professional judgment. the response action(s) that is the subjecipe
provisions of M.G.L. c. 21A. §§ 19-19J. 309 CMR. M.G.L. c. 21E. 310 CMR 40.0000, and all other I
,
approvals applicable to such response action(s). I am aware that significant penalties may result inc
and imprisonment. if I wilfu submit information which I know to be false. inaccurate or incomplete .
Signature:
Date:
/
l
License Number:
eal
IFC
_Y
4 qqz..._
-
J. CERTIFICATION OF PERSON CONDUCTING THE IRA:
I certify under penalties of law that I have personally examined and am familiar with the information contained in this submittal including any
and all documents accompanying this certification. and that. based on my inquiry of those individuals immediately responsible for obtaining
the information, the material information contained herein is. to the best of my knowledge'and belief, true, accurate and complete. I am aware
that there are signif can
na es. including. but not limited to. possible fines and imprisonment, for wilfully submitting false, inaccurate. or
incomplete informatio
Signature:
Revised 10/15/93
i'/
Date:
JIka
5.'A
5il
nA4
This form
is printed on recycled paper.
Page 2 of 2
BWSC-006
IMMEDIATE RESPONSE ACTION (IRA)
COMPLETION STATEMENT (pursuant to 310 CMR 40.0427)A. RELEASE OR THREAT OF PELEASE (TOR) LOCATION:
street:
4
.ST.1'
Location Aid:
Arn Ha6l
City/Town:
Zip Code:
-
Additional Release Tracking Numbers that this IRA Addressed:
B. PERSON WHO CONDUCTED THE IRA:
rc..DI-j6s o4
Name of Organization: //E2)-Anith
Name of Contact:
Street: 3Z
IbA ..D
PeaSP
A'
City/town:
64dte
Telephone:
4
Hoy
-
Amlst,twir
Title:
57~.
T
ST
Z1-
-
State:
k
~
.
bh
e 19
Zip Code:
0/oat-
Ext.
C. RELATIONSHIP TO RELEASE OR TOR OF PERSON WHO CONDUCTED THE IRA(check one/specfy)
E)
RP
0 PRP
Owner
$pewanL
COperat
Generator
Transporter
Other RP:
Generator
Transporter
Other PRP:
It
D Fiduciary/Secured Lender
4
Other Person:
D. IRA PLAN INFORMATION:
Communication of IRA Plan to DEP (check all that apply/specify):
DATE APPROVED:
Oral
/Q
0
written
_
/
j
DEP CONTACT:
nL+
/_2oK
/_
E. SITE CONDITIONS THAT WARRANTED IRA:
Media/Receptors Affected (circle all that apply): Air Groundwater
Public Water Supply
Zone 2
Residence
School
IRA Trigger (from CMR 40.0412) (check all that apply):
2 HOUR CONDITION
D
El
[
El
0
Sudden Release
Oil Sheen
Sediments
Other:
Storm Drain
Discharge of separate phase OHM to surface waters, subsurface structures, or
underground utilities/conduits
Release to soilvadose zone jeopardizing groundwater
Imminent Hazard
0
Release to groundwater which migrates more than 200 feet per year
Sanitary Sewer Release (Imminent Hazard)
[l
Public/Private Drinking Water Supply Well
E
Public Reservoir/Surface Water Supply
Downgradient Receptors (specify):
O
Vapor Discharge into School Buildings/Residences
Subsurface NAPL
Release
LST
Private Well
SUBSTANTIAL RELEASE MIGRATION
El
72 HOUR CONDITION
E3
Surface Water
Unknown
OHM release that has impacted or been detected in, or within 1year may impact or
be detected in, one or more of the following:
Release.to Groundwater near Water Supply
Release to Groundwater near School or Residence
3 Threat of UST Release
OTHER CONDITIONS:
Revised 10/15/93
This form is pnnted on recycled paper.
Page 1 of 2
pf/l
BWSC-006
Pew TraiNiog
IMMEDIATE RESPONSE ACTION (IRA)
COMPLETION STATEMENT (pursuant to 310 CUR 40.0427)
-
F. DESCRIPTION OF IRA: Provide details on attachments, as warranted.
Date IRA Work Initiated: /0 /_z
2 / 'V
Date IRA Work Completed:
IRA SUMMARY (check all that apply):
O
O
[:)Landfill
l
f
E)
Vent System
O
EO
D
E]
/5
Actual Volume:
/2
/Q
Drainage Controls
Berms/Dikes/Impoundments
Waste/Product Recovery
-]
Store
Treat
Re-use
Recycle Actual Volume:
/
Contaminated Water
Contaminated Soils
Excavate
enbrW
cubic yards
-
cubic yards
Other:
NAPL
Other:
ASSESSMENT ONLY
0. FINDINGS AND CONCLUSIONS:
Is an RAO attached? 0 No El Yes
If yes. indicate RAO Type:
0 Class A
El Class B
Is this release location adequately regulated by the Department under another program pursuant to 310 CMR 40.0110-114?
It yes. specify program:
Attach the IRA Completion Report as specified in 310 CMR 40.0427 including, but not limited to, the following documents:
E]
No
El
Yes
1. All investigatory and monitoring data obtained during the implementation of the Immediate Response Action.
2. A succinct statement on the findings and conclusions of the Immediate Response Action.
3. Details and documentation on the management of any Remediation Waste handled at or transported from the site as part of the
Immediate Response Action.
4. A description of any ongoing activities related to the Immediate Response Action that will be conducted at the site, including
monitoring activities. security measures and the maintenance of fences, caps, and other passive systems.
H. LSP OPINION:
Nameof Organization:
404D 5PAsA), C W
LSP Name:
/(A
t
. W e7
Ext.
(1$ 2 - 3&. - E S'
Telephone:
CO)SnL7ntf75.
W-
Tille:
4 (e=5
I
I
P
I attest that I have personally examined and am familiar with the information contained in this submittal, including any and all documents
accompanying this attestation, and in my professional judgment. the response action(s) that is the subject of this submittal complies with the
provisions of M.G.L. c. 21A. §§ 19-19J. 309 CMR. M.GL c. 21E, 310 CMR 40.0000, and all other laws, regulations, orders, permits, and
approvals applicable to such response action(s). I am aware that significant penalties may result, including.
imited to, possible fines
and imprisonment. if I wilfuly
information which I know to be false, inaccurate or incomplete ,
Signature:
"Date:
it
1
Seal:
/_
/_
ALAN
License Number:
0
.. CERTIFICATION OF PERSON WHO CONDUCTED THE IRA:
*
WEI
INo.442.
71
I certify under penalties of law that I have personally examined and am familiar with the information ch
1.including any
and all documents accompanying this cenification. and that. based on my inquiry of those individuals im
nsible for obtaining
the information, the material information contained herein is. to the best of my knowledge and belief, true, accurate and complete. I am aware
that there are significant nalties. including. but not limited to. possible fines and imprisonment, for wilfully submitting false, inaccurate, or
incomplete information
Signat6re:Pro
(n
Name of Person (print)
Revisedl 10115193
,i
FAV/II1 5
Dt
IArnflFcC
Tnis form is prnred on tecyclec paper.
Page 2 of 2
BWSC-003
Release Tracing Number.
OIL AND HAZARDOUS MATERIAL RELEASE
NOTIFICATION FORM (pursuant to 310 CMA 40.0371)
A. RELEASE OR THREAT OF RELEASE (TOR) LOCATION:
Street: _K 500n acASA gr
City/Town:
AIIEA5r
Location Aid:
4 3
-9-5.
-
Ext.
_
41f4
4
_____t
P
B. NOTIFIER INFORMATION:
D(AAS oF AMhFoinST
I
0OIL
lATLE
Name of Organization
Contact Name:
IMy/i
W - IR
I4AST/M.
.
Pecl-r
si
,dits
31tuT
Street:
State: MA
City/Town: A" dEAS
Telephone:
0/003-
ZipCode:
01
Western Region
;^lC-.
Title:
Zip Code:
0100.
-
-
C. RELEASE OR TOR AFFILIATION OF NOTIFIER (pursuant to M.G.L.c.21E§7 and 310 CMR 40.0331):
(check one/specify)
O
8
Responsible Party (RP) Specify (circle one): Owner Operator
Potentially Responsible Party (PRP) Specify (circle one):
E
ED
E
Transporter
Generator
Operator
Generator
Other RP:
-Transporter
Other PRP:
Other Person:
D. ADDITIONAL INFORMATION ATTACHED:
(check all that apply)
'
Contractor name
Names and addresses of
and address
owners of all impacted
(optional)
properties (required)
(LSP) name and address
(optional)
E
Other:
E. INFORMATION ON RELEASE ON THREAT OF RELEASE (TOR):
Knowledge of Release.L
or TOR Date: o4-Re-le
Time:
/
Release or TOR Date
(it different):
Irq*C
2
-
/
4@pm (circle one)
Check here if ReleaseTOR Date is Unknown
Time:
am/pm (circle one)
Check here if Release/TOR.Time is Unknown
R Yes
Previous Oral Notification to DEP Date:
0
/
-
/-
Previous Oral Notification to DEP? .No-
Time:
~pm (circle one)
Notification Thresholds (pursuant to 310 CMR 40.0311-15):
f1
H
E
2 HOUR NOTIFICATION
Sudden Release
Oil Sheen
H
Hazard
l
Imminent
H
El
Sanitary Sewer Release
(Imminent Hazard)
0
72 HOUR NOTIFICATION
Subsurface Non-Aqueous Phase
Liquid (NAPL)
Underground Storage Tank (UST)
Release to Groundwater near Water
Supply
Release to Groundwater near
School or Residence
Name and Quantities of Oil (0) and/or Hazardous Material (HM) Released:
(it needed, attach a list of additional OHM Substances.)
CAS#
0 HM
(check one) (if known)
OHM REPORTED:
-02
FaL anI-
[P]
H
_ut
0
E
El
120 DAY NOTIFICATION
Release of Hazardous Material(s) to soil or groundwater
exceeding Reportable Concentration(s)
Release of Oil to soil exceeding Reportable
Concentration(s) and affecting more than 2 cubic yards
Release of Oil to groundwater exceeding Reportable
Concentration(s)
Amount/
Concentration
Units
Reportable
Concentrations
Exceeded
(if applicable)
vtj
D F-1
Revised 10/1/93
Page 1of 1
?mo/
Release Tracking Numr.
OIL AND HAZARDOUS MATERIAL RELEASE
NOTIFICATION FORM (pursuant to 310 CMR 40.0371)
F.
BWSC-003
ACTIONS TAKEN OR PROPOSED (IMMEDIATE RESPONSE ACTION, UTILITY-RELATED ABATEMENT
MEASURE, RELEASE ABATEMENT MEASURE, PHASE I REPORT, LIMITED REMOVAL ACTION):
I A
Actions:
Oral Plan Approval Date: -b
/!L /2±
IRA Ass'essment Only:
N
No
s
Was a Release Abatement Measure or Utility-Related Abatement Measure terminated due to discovery of a 2 hour or 72 hour release? INo OYes
if yes, provide-relevant Release Tracking Numbers:
Additional information relevant to the release or Threat of Release attached:
E
D
E
Response Action Outcome Statement
No
[
Yes
,If yes, check all that apply:
Immediate Response Action Completion Statement
Other:
G. SIGNATURE AND CERTIFICATION:
I certify under penalties of law tnat I have personally examined and am lamiliar with the information contained in this submittal, including any and all
documents accompanying this certification, and that, based on my inquiry of those individuals immediately responsible for obtaining the
information, the material information contained herein is, to the best of my knowledge and belief, true, accurate and complete. I am aware that
there are significant pnalties, including but not limited to, possible fines and imprisonment, for wilfully submitting false, inaccurate, or incomplete
information.
Signature:
Revised 10/1/93
Date:
,3AV//)
V
/-4
L
i
Slr b5
Page 2 of 2
FILEE COPY
Commoneath of Massachusetts
Executive Office of Environmental Affairs
Department of
William F. Weld
Govemor
Trudy Coxe
Secretary. EOEA
Thomas B. Powers
Octbber 14, 1994
CommIssioner
Acting
Amherst, MA 01002
Attention: Mr. Donald Hastings
Re:
Amherst
RTN: 1-10552
RELEASE NOTIFICATION and
NOTICE OF RESPONSIBILITY;
M.G.L. c. 21E and
310 CMR 40.0000
-
Dear Mr. Hastings:
On October 12, 1994 at 10:55 AM, Mr. Alan Weiss of Cold Spring Environmental,
at
to the Department of a release of #2 fuel oil
Inc. provided oral notification
In addition to oral notification, 310 CMR
45 South Pleasant Street, Amherst.
40.0333 further requires that a completed Release Notification Form (attached)
be submitted to the Department within 60 calendar days of the date of the oral
notification.
The Department has reason to believe that the reported release is or may be a
disposal site as defined in the Massachusetts Contingency Plan, 310 CMR 40.0000
(the "MCP") . The Department also has reason to believe that you (as used in this
"you" refers to Mercantile Buildings of Amherst, Inc.) are a potentially
letter
This
under Section SA of M.G.L. c. 21E.
responsible party (PRP) with liability
but solely on your
meaning that it is not based on fault,
is "strict",
liability
status as owner, operator, generator, transporter, disposer or other person
and several",
is also "joint
This liability
specified in said Section 5A.
disposal site
a
at
incurred
costs
response
all
meaning that you are liable for
even if there are other liable parties.
The Department encourages PRPs to take prompt and appropriate actions in response
By taking
to releases and threats of release of oil and/or hazardous materials.
the necessary response actions, you may significantly lower your assessment and
for costs incurred by the Department in
cleanup costs and/or avoid liability
You may also avoid or reduce certain permit or annual
taking such actions.
Please refer to M.G.L. c. 21E for
compliance fees payable under 310 CMR 4.00.
For your convenience, a summary
a complete description of potential liability.
attached.
is
21E
of liability under M.G.L. c.
You are reminded that, at the time of oral notification to DEP, you were advised
by the Department that the following response actions were approved as an
Immediate Response Action (IRA):
and proper disposal of contaminated
Removal
confirmation sampling of in-situ soil.
436 Dwight
Street
e
*
with
soil,
FAX (413) 784-1149
*
subsequent
Telephone (413) 784-1100
Specific approval is required from the Department for the implementation of all
IRAs with the exception of assessment activities, the construction of a fence
and/or posting of signs. Additional submittals are necessary with regard to this
notification including, but not limited to, the filing of an IRA Completion
Statement and/or Response Action Outcome (RAO) statement. The MCP requires that
a fee of $750.00 be submitted to the Department when an RAO statement is filed
greater than 120 days from the date of initial notification.
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 a Licensed Site Professional
(LSP) . You may contact the LSP Board of Registration at 617/556-1145 to obtain
the current LSP list.
If you have any questions relative to this notice, you should contact Adam Wright
at the letterhead address or (413) 784-1100 x292.
All future communications
regarding this release must reference the Release Tracking Number (RTN) contained
in the subject block of this letter.
ery trulyActs.
avid A. S
Section Chief
Emergency Response
AGW/agw/kml
\1-10552.RNF
Certified Mail #Z 082 547 954; Return Receipt Requested
copy: DEP, Division of Response and Remediation
Amherst
Board of Health
Fire Department
Mr. Alan Weiss, Cold Spring Environmental, Inc.
Attachments to Addressee only:
Release Notification Form; BWSC-003 and Instructions
Summary of Liability under M.G.L. c. 21E
0.
~
Z'
------
~Ce6j
4OJefl' 09
U
Oo W 0
idtd
s i
bJ
.!
r.-
-
SENDER:
Ias
a
b.
e Print your name and address on the reverse of this form so that we can
return this card to you.
* Attach this form to the front of the meilpiece, or on the back if space
0
* The Return Receipt will show to whom the article was delivered and the date
C
delivered.
eev
h
fee):
t;
1. 0
does not permit.
ID e Write "Return Receipt Requested" on the mailpiece below the article number
C
iht
I also wish to receive the
following services (for an extra
Complete items 1 and/or 2 for additional services.
* Complete items 3, and 4e
i
*
h,--
--
2.
E
Addressee's Address
Restricted Delivery
Consult postmaster for fee.
3. Article Addressed to:
4a. Article Number
MERCIEANTiLE BUILDINGS OF AMIhERSr
MR. DONALD EIASTINGS
'32 NORTII PROSPECT STREET
IIERST, MA 01002
4b. Service Type
E Registered
ER Certified
E Express Mail
C
0
Insured
COD
Return Receipt for
Merchandise
7. Date of Delivery
J
ign t r
(Addresse
6. Signa ure (Agen
1
8. Addressee's Address'Only if requested
and fee is paid)
0
0
a
c'
C
5Ch
C
**
.C
a
a
OHM RELEASE LOG FORM ATTACHMENT
-
BWSC-002
Rlease Tracking Number:
LOCATION INFORMATION:
A. LOIRELEAS
AM
City/rTown:
\
enr5
Use of Attachment (check one):
-
U
Field
am
Time:
Date
Follow-up Office
U
Attachment Page(s):
ircle one)
of
B. ADDITIONAL DESCRIPTION:
Is this form being used to document an Oral IRA Plan approval and/or conditions?
U
Yes
No
r4/,
U
-e
C. ADDITIONAL POTENTIALLY RESPONSIBLE PARTY INFORMATION:
U
Other PRP
U
Other Contact
If Other Contact, Specify Relationship to Release:
Contact Name:
Title:
Street:
City/Town:
State:
Ext.
Telephone:
Title:
Street:
City/Town:
State:
Zip Code:
-
Ext.
Telephone:
T
D. DEP ASSIGNM
Preparer of RLFA (p
Zip Code:
s
,
Signature:
Staff Lead Assigne
Revised 10/1/93
different from Preparer):
isMwjrnte on recycled paper.
Page 1 of 1
BWSC-001
Release Tracking Number;
OHM RELEASE LOG FORM
A. LOG INFORMATION:
E|/
TYPE OF CALL (check one):
Log Date:
Log Time:
IE
Complaint
E
Inquiry
eportable Release or TOR
[j Release or TOR Less than Reporting Threshold
CALLER (check one):
:o
/
(circle one) a
f
PRP
If selecting any of the disposition options below, do not assign a
Release Tracking Number.
U F Public Safety Official
H
of ne)
s(ce
al Office
Boston
Amended
E
Reporting Person:
A
4A.S
Telephone:
Organization:
E Release or TOR Exempt from Reporting Requirements
Other Government Agency
Citizen
Anonymous
(not referred)
E] Referral to Other Agency (circle one):
BOH
FD
DPH
DOT
EPA
USCG
Other:
H Referral to Other Division (circle one):
AQC ENF/SF HW IWW SW WPC WS WW
Other:
LSP/PRP Agent
H
Other Person:
6
-
172
32)I3
S1 /V
r1
B. RELEASE OR THR
Street: 4
S
DISPOSITION OF CALL (check the Dne most applicable
disposition below):
If selecting either of the two following options, assign a Release
,Tracking N ber in the space provided above.
e
Re/3ComleartO
-
0
E,
OF REL
Ext.
E] Referral to Site Discovery
-
fl
No Action
LOCATION:
SE (T
an.
IrT
aJs
Residential
Other:
School
Location Aid:
City/Town: Type of Location (circle all that apply):
Right of Way
Roadway
commercia
Water Body
Industrial
Open Space
Municipal
State
Federal
C. RELEASE OR TOR INFORMATION:
Knowledge of Release
or TOR Date:
4#heef
i/I
Time:
.
20 Ipm (circle one)
2
Release or TOR Date
(if different):
2 HOUR NOTIFICATION
r-
72 HOUR NOTIFICATION
E]
Sudden Release
Oil Sheen
Fl Imminent Hazard
H Threat of Sudden Release
0
El
E]
H
El Release to Storm Drain
El
arVpm (circle one)
Time:
--
-
-
E
heck here if Release/TOR Date is Unknown
heck here if Release/TOR Time is Unknown
120 DAY NOTIFICATION
E
E
Sbsurface NAPL
UST Release
Release to Groundwater
near Water Supply
Release to Groundwater
near School or Residence
Release of HM(s) to soil or groundwater exceeding RC( s)
Release of Oil to soil exceeding RC(s) and affecting more
than 2 cubic yards
Release of Oil to groundwater exceeding RC(s)
E
Sanitary Sewer Release (imminent Hazard)
Source of Release or Threat of Release (circle all that apply): 6F)Pipe/nose/Line
Tanker Truck
Federal LUST Eligible:
Boat
H
Vehicle - Unknown
No
Yes
E
Threat Only
Fire
Spill
Unknown
<
Revised 10/1/93
u
(
DO ,r /(
Drums Transformer
Rupture
Dumping
Tank Removal
Overfill
Vehicle Accident
Other:
Media/Receptors Affected (circle all that apply): Air Groundwater
School
Zone 2
Residence
Public Water Supply
OHM REPORTED:
AST
Unknown
Type of Release or TOR (circle all that apply):
Test Failure
Fuel Tank
Other:
Surface Water
Unknown
Sediments
Other:
O HM AMT/CONCENTRATION
(check one)
'as
EEl
/1
___
(F)
Storm Drain
UNITS
m
Private Well
S GW
(check one for RC only)
OElO
0
Page 1 of 2
BWSC-001
Release Trackintg Number:
-7O
OHM RELEASE LOG FORM
D. DESCRIPTION:
E. POTENTIALLY RESPONSIBLE PARTY INFORMATION:
(check one)
rYT(
Name of Contact:
Street:
PRP Unwilling or Unab e to Perform Response Actions
PRP Performing Res onse Actions
PRP Unknown
-3.;
,
r
,
<
v Title:
T
,
'
1
_
_0_
C_
Zip Code:
44
State:
Check here if other persons or additional PRPs are listed on a RLFA
City/Town
Telephone:
6 7L
a/rf
?
I
Ext.
Title:
Street:
Zip Code:
State:
CityfTown:
Telephone:
Ext.
F. PRP CONTRACTOR AND LSP (if known):
PRP Contractor:
Name of Contact:
Ext.
Telephone:
LSP Organization (if appicable):
/41 601
Name of LSP:
Telephone: %i3-
-
0s
C7 IS
Cdt,
Ext.
0. ACTIONS TAKEN OR PROPOSED:
Actions:
State Contractor:
I
IRA Assessment Only:
Oral Plan Approval Date:
H
DEP
RP
o
License Number:
I
3)2 - si
Action Taken by Whom:
e£fl
r i/ -
&
H
Yes
I-io
Other:
OCYes:
H. OTHER AGENCIES/DIVISIONS INVOLVED WITH REPORTABLE RELEASE:
ONT AC
AGENCY
INITIATED BY:
PRP DEP AGENCY
PHONE
L5
-_
8
Ext.
__
H U H
I. DEP ASSIGNMENT:
RNF Submittal Requested:
Provisions of 21E Explaine
Prepared by (pleas p
U
Yes, From:
Yes
'
n, ry
.LC
Signature:
Regional Use:
Number of RLFA Pages Attached:
Staff Lead Assigned (if different from Preparer):
Revised 1011/93
This form is printedon recycled paper.
Page 2 of
4.
I-
C
C,
=
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V\
MASSACHUSETTS D
TMENT OF ENVIRONMENTAL PROTEC*,
-l
Western Regioal Office/Bureau of Waste Site Cleanup
10552
C
TOWN: AMHERST
AUL FIELD SCREENING FORM
ite Name: A J Hastings
Contact Person: David Hastings
Iddress: 45 South Pleasant Street
Phone: (413) 253-2840
JUL INFORMATION (filled out by Screening/Office Staff]
ate AUL filed:
Description of AUL area at time of filing:
0 Building(s) U Pavement Q Cap/Cover
2/7/95
0 Grassed/Landscaped U Other
dditional details/other relevant info on AUL area(s):
PERMITTED ACTIVITIES AND USES
0 Playground
0 Daycare
U School
Commercial 0 Industrial U Excavation 0 Construction
Other/Details/Conditions: Passive uses only,
Recreation
ch as parking, loading and unloading, temporary storage
trash containers, passage through by vehicles and
destrians. Low frequency and/or intensity of use by
ildren.
I Residential
[INCONSISTENT/RESTRICTED ACTIVITIES AND USES
Q School
0 Day Care
Residential
0 Recreation
0 Park
Playground
0 Disturbance
U Excavation
Construction
0 Fruits/Veggies 0 Flowers/Landscaping
Gardening:
ter/Details/Conditions: (1) "Frequent and/or high-intensity
of impacted soil for children activities". (2) Improper or
-omplete maintenance of the asphalt cover. (3) Subsurface
avation without prior consultation with DEP or a LSP.
SITE INSPECTION (filled out by Field Staff)
Evidence of recent excavation/disturbance?
Evidence of recent construction?
Indication of potentially serious site conditions?
Other Notes:
UL Sketch Attached to this form? U Yes 0 No
Idditional Comments/Notes on Reverse Side: U No 0 Yes
ompleted by: Loretta Howes
Date: 6/15/99
BYes
Q Yes
Q Yes
Q Yes
Q Yes
U No
aNo
WNo
EdNo
2No
0 Playground
Q School
Q Daycare
0 Residential
0 Commercial 0 Industrial 0 Excavation 0 Construction
Comments:
0 Recreation
/wyc a a CL
t
4'aC
La<
e -
t;
VIOLATION OBSERVED: 0 No 0
OBSERVED ACTIVITIES
0
0 Day Care
U Residential
0
0 Playground - 0 Park
Q
Q Excavation
0 Construction
0 Fruits/Veggies 0
0 Gardening:
Comments:
S
Yes 0 Possible
AND USES
School
Recreation
Disturbance
Flowers/Landscaping
CX Ve.
VIOLATION OBSERVED:
OBLIGATIONS AND CONDITIONS
U Maintain other cap/cover/liner
Maintain Pavement
Soil Management Plan 0 Health & Safety Plan
Maintain Signs/Notices Other/Details/Conditions: Quote:
Maintenance of asphalt cover;
See AUL, attached.
GQYes U No
EPavement
Comments:
0 No 0 Yes 0 Possible
OBSERVED CONDITIONS
0 Cap/Cover/Liner Q Signs/Notices
1v3
\
rA
cory14Ard9-\
VIOLATION OBSERVED: 0 No 0 Yes 0 Possible
Additional Comments/Notes on Reverse Side: [4 No 0 Yes
Completed by:/
Insp Date:,z
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ureau.of Waste
Cleanup
Release Tracdng Number
RELEASE LOG FORM ATTACHMENT
(complete if using BWSC2102A and 102 or BWSC-102A only)
A. LOGIRELEASE LOCATION INFORMATION:
£w
City/Town:
Date:.
Tune:
AM
E]
PM
Release Address:
Use of Attachmnent (check one):
office Foow-up
- -
]
-Re-use or Recycling
0
On Site
Treat
C
n Off Site Volum
On Site .i Off Site
Volume:
cubicyards
Bioremediation
cubic yards
El Soil Vapor Extraction
Describe:
Store
F
F
Landfill
Structure Venting System
]
F
On Site
I
Off Site
Volume:
Cover
E
Disposal
Volume:
_ cubc yards
-
Product or NAPL Recovery
El
El Groundwater Treatment Systems
El Air Sparging
cubic yards
Removal of Drums.Tanks or Containers
Descibe:
F
Removal of Other Contaminated Media
F
Temporary Evacuation or Relocation of Residents
Specify Type and Volume:
F
Fencing andxSign Posting
Other Response Actions
]
Of-,
El Deployment of Absorbent or Containment Materials
E) Temporary Covers or Caps
Removal of Contaminated Soils
E
Attachment Page(s):
(checkalt hat appy)
B. ORAL PLAN SUMMARY:
F
]
Field
Describe:
Check here if this Release or Threat of Release is a candidate for future presumptive approval of an IRA or RAM Written Plan.
Check one of the following:
Oral
IRA
F
Plan Approval
Oral RAM Plan Approval
C
Oral IRA Pian Modification Approval
Other Comments:
C. ADDITIONAL INVOLVED PERSON INFORMATION:
Check One:
-
F
PRP
Other Relationship
PRP Local Contact
F
Othw Person Performing Response Action
Speciy
Name of Contact
Tile:
]
Street:
Check here if is person rmeced a field NOR.
State:
City/rowivn:
Telephone:
Ext.:
D. DEPASSIGNMENT:
ZIP Code:.
FAX-
(competelfusingony BWSC-102A)
Signature:
Preparer of RLFA (please print):
Staff Lead Assigned (if different from preparer):
E
E
Check here if the Release or Thret of Release is unassigned.
Check here if this RLFA records achange in staff lead.
Revised 7/27195
Supersedes Form BWSC-002
- Do Not Afor This Forr
Page I of 2
-
s2'<
artment of Environmental Protecjn
.Cleanup
.
Massachusetts''
Bureau*fWaste
Release Tracing Number
WJ-2
RELEASE LOG FORM ATTACHMENT
E. LOG/RELEASE LOCATION INFORMATION:
Cayrrown:
6yM
Raasce Adirress:C
(compleielfusingonly WSC-102B)
hit
Date:
4'
0
Scah
use of Athchawrr (cteck one):
caeter
[AM
EPM
SA
E]
C] Office Followup
-Field
?iZZ
Tume:
/C/
of:
Attachnent Page(s)
F. ADDImONAL DESCRIPTION:
P
%
r-I~>
(,
a-rtfli fw
G. DEP ASSIGNMENT:
Prrer oRLFA (please pntt):
e:
I
i,: 1,7
in
-kc 4L.-
c.-0 AI
I
4
,"citP
, -,>
r
-
*w
14paOgPfxt
vc
-1
-
Viclf 4,11l
aSb -aSf',Y'
(complde ifusing WSC-102mand102BorBWSC-1o2Bcon
46b(
nn
Sn:.4n-w
h
ya
l
kc
ad Assigned (if difterent frm preparer):
Staff
n
Check here if the Rese or Theat of Release is unassigned.
Check here if this RLFA records achange in staff lead.
Revised 7/7/5
Supesedes Form BWSC-002
Do Not Mor This Form
E]
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310 CMR
40.1099:
DEPARTMENT OF ENVIRONMENTAL PROTECnON
continued
Form 1075
Disposal Site Name:
leader
DEP Release Tracidng No(s)..
NOTICE OF ACTTVITY AND USE LIMITATION
M.G.L c. 21E. 46 and 310 CMR 40.0000
ara.
PURSUANT TO CHAPTER 21E OF TEE MASSACHUSETTS GENERAL LAWS, AS
AMENDED ("Chapter 21E") and THE MASSACHUSETTS CONTINGENCY PLAN, 310 CMR 40.0000.
AS AMENDED ("MCP"). NOTICE is hereby given by _
or
County, Massachusetts, being the owner(s) in fee simple oi Cat cerain [vaan] land located
in ___
County, Massachusetts, with the buildings and improvements :hercon, pursuant
to a deed recorded with the _-------County Regisuy of Deeds in Book _. Page
{setse
of~~~ ~
~U~ ~~~~~~Pj
do ~Zno hn>u
we- -A-h issut:d byv~ ~J
~
3
os ..c-ctnt-Rgisy-iseie ("Owner"). said land being more partculaz-y bounded and
descrioed in Exhi'bit A. anached hereto and made a part hereof and ceing shown cr: a plan entided.
1
__
dated
Counrv Regisu-y of Deeds as Plan No. -.
..- ,-e rr~
"
1ar a . 2
ara. 3
prepared by
in Plan Book
ro-
. recorded with
_.
-("Proucty"):
THAT SAID PROPERTY, OR A PORTION Tr-ETdOF. IS.A DISPOSAL S~TE AT WHICH
T5ERE HAS OCCURRED A RELEASE TO THE ENVIRONMENT OF OIL N-D/OR HAZARDOUS
MATERIAL. SAID DISPOSAL SITE BEING DESCRBED IN EXrEuBT4f,1TAC ?E2D HERETO
AND MADE A PART HEREOF, ['1jBEINCS1lOZ N "ON& firIA 'mE
[ T
PREMREjY
MNT
@5ER
E
, R
CEzjHE
m
Ej
PT<EWITM] ("DISPOSAL STE"). AND THAT A RESPONSE ACTION HAS BEEN UNDERTAKEN
AT THE DISPOSAL STE R AT PORTION F TrI DIS? AL SITE.
ID PORT N OF
DIS OS
S
BEN
ORE ARTICU..L YBOUND - ANDD
RED J
iC.
A iA
ED
RETO ND.
EAPAR
=REOF), A BEINGS' WNON PLAN ATED
REPAREDBY
.JTO E RECO
ED F
VWITH
ND OR O
A~ 4AN DTED,
EN
D, SKET
PLAN, PREP RED
ATTA
DHE.
O AS EXHIB C-l.MAD AARTI- REC.
ND TOE
irI)(PORTI N OF DISP SAL SIE D ACCORDANCE
* D FOJ RE STRA ON HE.
We~iH THE MCP.
Said response action is based upon the limitation on huma. access to and contact with oil
and/cr hazardous material in soil and jimnitadon on certain ac:ivities ccurring in. c-a. upon, through.
over and under the (select one)
ape
[Disposal Site][Porion of Disoosal Sit-] as set forth in an
Ac:ivity and Use Limitadon Opion AUL Opinion") dated
. prepared by ei-d2ii
, holder of a valid license issued by the Board of Registadon of Was:: Site Cleanup
Professionals pursuant to Massachuscus Genera] Laws Chapter 21A. Sections 19-19J (a:y holder of such
a license hereinafter referred to as an "LSP"), said AUL Opinion filed witi :e Massachusers Department
of Environmental Protection ("DEP-). at its
Regional Offce, under ReIcase Tracking
No(s).
a copy of which is attached hereto as Exhibit eand rade a part heree. The activity
and use limitations set forth in said AUL Opinion are as follows:
1. Activities and Uses Inconsistent with the AUL Oninion.
ara.
4
Activid
s which are inconsistent with the AUL Opinion, and which, if i~rriemenzed at the
(sect one
[Disposal Site] [Portion of Disposal Site, may result in a significnt risk of harm
to health, safety, public welfar or the environment. are as follows:
I.
2_
3.
7/30/93
: and
U"
0
9/'0lflq,-2-1432.
.UrCAi:VIL
BUILDIG
F
.
S,
a corporation duly --ablished under the laws of
and having its usual plac of
husno-
hampshire
grant to
32>
I2C.
.
tassachusetts
-
at Amherst
Coanty,
nune ttaak for annidemaioc paid,
;4ERCATIL2 BUILDINGS OF A2R3r, IMC., a corporation duly
established under the laws of aassachusetts and having its usual place
of business at Amherst, 5ampshire County, "assachusetts with qat
fiurorfnt
.:o,.
A tract of land situate in said Amherst, bounded and des-
cribed as follows:
Beginning at the Southeasterly corner of the
n
described, at an iron
n s-1 in the Westerly line of the location of West Street, cor.only
called South Pleasant Street, a highway; said iron pin also marking the
Northeasterly corner of land of The First National Rank, formerly
property of 0. D. an1 William unt; thence from said point of betinning
running Northerly along said highway ninety-one and seven-tanths (91.7)
feet to land of James F. Page; thence turning.to the left and runnint
desterly along land of said Page and land of Amherst savings 2ank a distace of approximately sixty-nine (69) feet; thence turning to the
left and running Southerly twenty-one (21) inches; thence turning to
the right and running Westerly along land of Amherst sevings bank and
land now or formerly of Lawler Brothers a distance of one hundred two
and three-tenths (102.3) feet to the Southwesterly corner of a retaining wall constructed of concrete and to land formerly of J. b. and
aidn3y Adans; thence turning to the left and running southerly alonr'
land of said J. o. and oidney Adams a distance of eighty-six (86) fet
to land of she First Mational bank; thence turning to the left and
running asterly along land of said The First Xational lank a distance
of approxizately one hundred seventy-three (173) feet to the joint of
berinnin-.
premises herein
1
in t:
of
assij
Hast:
J
a
ha
its
day
of
sisd
Phe above described tract of land comprises the ortherly an.
=ajor portion of land conveyed to George Cutler and illian utlir by
Luke saeetser by deed dated yarch 1, 1960, and recorded in :ta7pshire
ounty egistry of Deeds in Book 194 at Page 180; see also dead fro-,
Luke 6weetser to illiam Cutler and George Cutler, dated April 1, 170
and recorded in said registry of deeds in Book 279 at Page 12; see also
dead fron William Cutler and George Cutler to William W. Hunt and Cliver
D. -.unt, dated September 20, 1867, and recorded in said registry of deeds
in took 246 at Page 285; and deed from George Cutler, D. '. tutl2r
and .. 1. Cutler to Lucas Williams and P. ". Williams dated Cetoter 24.,
1879. and recorded in said registry of deeds in Book 353 at Fare 105;
dead from Lucas Williams and E. H. Williams to George Cutler, D. G.
.,utler and .. 1. Cutler, dated October 1, 1879, and recorded in said
c3gistry of deeds in Bock 351 at Page 392; deed from ifight Gilbert
Cutler to George Cutler, dated June 4, 1883, recorded in said registry
of deeds in Book 381 at Page 307; and deed fro- Martha Isabella Cutler
to George Cutler dated February 1, 1888, recorded in said registry of
deeds in Book &16 at Page 473; also see probate papers in the estatc
of George Cutler, and probate papers in the estate of William utlar.
The granted premises are conveyed subject to the right reserved
in the deed from Luke Swaetser to dilliam Cutler and George Cutler, dat3d
!arch 1, 1860, and recorded in said registry of deeds, in Eook 194
at page 189. to, in building upon his land North of the granted premises,
enter the timbers into the alls of the brick building on the granted
premises four inches, in such manner as to do no other injury
to the
building.
T.
and acun
Uili
right. resrvad in said deed to .e owners I
Au'cjiec- also to *
o- the stores and lots lying .:ortherly of the granted treises, .uk3
rawastenr, nd .. Z. and 2. Adams, their heirs and assigns to keer
-/7
oyer. the -rain for the passage of the water fro= their cellars throuch
the wells and cellar of said building forever by said owners being at
o:.3 half the exrense of maintaining said drain., assage and outlet.
zoubject also to the right reserved in said deed to Albion .
:owe of a ;assage with teazs from the Southwest corner of his lar.d
over the ;remises herein conveyed to the highway.
Subject also to the right reserved in said deed to Oliver D.
i.;-t end iilliar d. :unt to use the rassage !:orth of land donveyed by
L~u0Sweetser to them.
oubject also to a ripht of way eleven (11) feet wide next ndthe ':ortherly side of The First :.ational Eenk of Aherst, as
oirin
tiscribed in the deed from Willian and George Cutler to William '.
znt and Oliver D. .Munt, dated Sertember 20, 1867, and recorded in
snaid registry of deeds, in Book 2 6 at Page 285.
.. .. ~rant:)e in this doed is a corporation for-.td ir. the 7ar
the sa-:e r.e o as the grantor corporation whi ch was fo-.wt
with
195'
in tha yea:- 1937, and thc 1958 corroration was fored for
th2;':-7o
of takirr- over th2 yrorerty of the 1937 corloration.
SUBJ3CT to a mortpage originally to George A. Cutler and now
assigned to Philip J. Hastings, Robert iM.Hastings, and Donald ?.
Hastings.
EU UtntBs mIernf.
thesid
::ercantile Puildings of A-hnrst, Inc.
has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and
delivered inits name and behalf by Phil i p J. "ast ings
its
resi det
day of
hereto duly authorized, this .
December
Thirty-first
in the year one thousand nine hundred and
Fifty-eight
Signed and sealed in presence of
1L
m
by
ts
ft 00------aNti af dAk
Hampden,
-
UrfS
ss.
December 31,
Then personally appened the above named
5.
7hilip
and acknovledged the foregoing instrument to be the free act and deed of the
. Ul' *ins
of .±hrst,
19
58
ast inrs
Inc.
.. rcantile
before me
(Ral~
#~
mex
~~-
fiG~Mis::jijjjgEgigg- a'
March 25,
1961
December 29. 1958
I, Donald 3. Hastings, duly elected clerk of Mercantile Buildings
of Amherst, Inc. do hereby certify that at a meeting of the stockholders of Mercantile Buildings of Amherst,
Inc., a duly organized
corporation under the laws of Massachusetts and incorporated upon
February 23, 1937. held upon December 24, 1958. at five o'clock in
the afternoon, in Amherst, Massachusetts, at which meeting all the
stockholders of the corporation were present and voted and by the
affirmative vote of each stockholder of the company, the following
vote was duly passed:
JJ
"VOTED: TIatthe president 'or treasurer of this corporation
be and hrAby is authoi'ized'to sell and convey by quitclaim
deed. allthe real taterof this corporation consisting of
land and build' p.ituated-on'the westerly side of South
Pleasant-St
Amherst, Vassachusetts, to the Mercantile
Buildings of Amherst,-Inc. (a new corporation of the same
nameincorporatedin' Nassachusetts-on February 7. 1958)
and"fi her-authoriziidtirsiii; acknowledge, and deliver
in th6name and liehalf. ofothencorporation and to seal with
thecorpordte delany' deed or other instrument which may
be necessary or proper to convey said land as authorized
h'erein."
A true copy
Clerk
Jan. 5, 1959 at 11 o'clock and 18 mins. A.M. Rec'd, Ent'd & Exawmd.
fl~M~WJ' rJY
...
Book 922
$17]
81
Know All Men by These Presents, That
I, George Cutler, of Amherst, in the County of Hampshire and Commonwealth
of Massachusetts, in consideration of one dollar and other valuable consideration paid by Mercantile Buildings of Amherst, Inc., a corporation duly
established by law and having a usual place of business in said Amherst,
the receipt whereof is hereby acknowledged, do hereby give, grant, bargain,
sell and convey unto the said Mercantile Buildings of Amherst, Inc., a tract
of land situate in said Amherst, bounded and described as follows:
WARRANTY DEED
George Cutler
To
Mercantile Build-
ings of Amherst, Inc.
Beginning at the southeasterly corner of the premises herein described, at
an iron pin set in the westerly line of the location of West Street, commonly called South Pleasant Street, a highway; said iron pin also marking
land of James F. Page; thence turning to the left and running WESTERLY along
land of said Page and land of Amherst Savings Bank a distance of approxSouth Pleasant
imately sixty nine (69) feet; thence turning to the left and running
SOUTHERLY twenty one (21) Inches; thence turning to the right and running
Street
feet to the SOUTHWESTERLY corner of a retaining wall constructed of conAmherst
crete and to land formerly of J. S. and Sidney Adams; thence turning to
PAGE
William Cutler and George Cutler to William W. Hunt and Oliver D. Hunt,
to Lucas Williams and B.H. WIlliams dated October 24, 1879, and recorded
392; deed from Dwight Gilbert Cutler to George Cutler, dated June 4, 1883,
recorded in sAd registry of deeds in took 3A1 -t page 307; and deed from
Cutler.
The granted premises are conveyed subject to the right reserved in the deed
Subject also to the right reserved in said deed to the owners of thd stores
and C.Adams, their heirs and assigns, to keep open.the drain for the passage
of the water from their cellars through the walls and cellar of said building forever by said owners being at one half the expense of maintaining said
drain, passage and outlet.
with teams from the southwest corner of his land over the premises herein conveyed to the highway.
SUBJECT also to the right reserved in said deed to Oliver D. Hunt and William
NORTHERLY side of The First National Bank of Amherst, as described in the
deed from William and George Cutler to William W. Hunt and Oliver D. Hunt,
dated September 20,1867, and recorded in said registry of deeds, in book
246, at page 285.
SUBJECT also to taxes for the year 1937, of which the grantee assumes and
-a)Ee -JR
cftW'
f'
)
4cl
or,
YPo??
Ak 4
Book 922
82
TO HAVE AND TO HOLD the
granted premises,
with all
the privileges and appur-
tenances thereto belonging, to the said Mercantile Buildings of Amherst,
successors and
and itsA
-nassigns,
to their own use and behoof forever.
Inc.,
AND I hereby for myself and my heirs, executors, and administrators,COVENANT with the grantee and its successors and assigns, that I am lawfully
seized in fee-simple of the granted premises; that they are free from all
incumbrances; except as hereinbefore recited;
that I have good right to sell and convey the same as aforesaid; and that I
will and my heirs, executors, and administrators shall WARRANT AND DEFEND
the same to the grantee and its successors and assigns forever against the
lawful claims and demands of all persons, except as hereinbefore recited.
AND for the consideration aforesaid I, Florence B.Cutler, wife of the
said George Cutler, do hereby release unto the said grantee and its successors and assigns all right of or to both DOWER AND HOMESTEAD in the granted premises,
and all
other rights and interests therein.
1
IN WITNESS WHEREOF we, the said George Cutler and Florence- B. Cutler,
V
husband and wife, hereunto set our hands and seals this twenty second day
of March in the year one thousand nine hundred and thirty seven.
'I
t
Signed and sealed in
the presence of
Walter L.Stevens to
I
George Cutler
I
Florence B.Cutler
Seal
t
A
G.C. & F.B.C.
Seal
I
4'4
0
A
I
I
THE COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
March 22,1937
Then personally appeared the above named George Cutler and acknowledged
the foregoing instrument to be his free act and deed, before me
Walter L.Stevens
S
Justice of the Peace
My commission expires
May 15,1942
'I
HAMPSHIRE, SS. March 22,1937
, at
3
o'clockand 30 . minutes,
With Government Stamps $45.00 affixed and cancelled.
P,. M.
C :'t.
I
7
44
Doc: MWiu OR 1Wmf1
Forn"M
Disposal Site Name: 45 mouth Pleasant Street
Amherst
MA
01002
DEP Release Tracking No(s): 1-10152
NOTICE OF ACTIVITY AND USE LIMITATION
N.G.L a. 21E, §6 and 310 CHR.40.0000
PURSUANT TO CHAPTER 21E OF THE MASSACHUSETTS GENERAL LAWS,
AMENDED (*Chapter 21E)
In
a4
C
a
310 CNR 40.0000,
AS
and THE MASSACHUSETTS CONTINGENCY PLAN,
AS AMENDED ("MCP"),
NOTICE is hereby given by
Meroantile Buildings of Amherst, Inc.,
of Ahsrst,ampahire
County, Massachusetts, being the owner(s) in fee simple of that
certain land located in Amherst, Hampshire County, with the
with the Eampshire County Registry of Deeds in Book 922, Page 81
("Owner"), said land being more particularly bounded and
described in Exhibit A, attached hereto and made a-part hereof,
and being shown on a plan entitled, OPlan in Amherst,
Massachusetts", dated January 23, 1995, prepared by Richard J.
Labarge Or., PLO, recorded with xampshire County Registry of
S
Deeds as Plan No.
0057,
in Plan Book _gjf,
("Property"):
THAT SAID PROPERTY, OR A PORTION THEREOF, IS A DISPOSAL BITE AT
AND/OR HAZARDOUS MATERIAL, SAID DISPOSAL SITE BEING DESCRIBED IN
("DISPOSAL
EXHIBIT A, ATTACHED HRETO AND MADE A PART HEREOF,
SITE"), AND THAT A RESPONSE ACTION HAS BEEN UNDERTAKEN AT THE
DISPOSAL SITE IN ACCORDANCE WITH THE NCP.
ObPMbn-DSA
Pall Ary
J'6
c'fl
we>f_
_Pyzp
7),5/'7
IC:
lMOO /4823M5
02/5
A
said response action is based upon the limitation on human
access to and contact with oil and/or hazardous material in soil
and the limitation on certain activities occurring in, on, upon,
through, over or under the Property as set forth in an Activity
and Use Limitation opinion ("AUL Opinion") dated January 26, 1995
prepared by Alan Z. Weiss, M.S., holder of a valid license
issued by the Board of Registration of Waste Site Cleanup
Professionals pursuant to M.G.L. c. 21A, SS19 through 19J (any
holder of such a license hereinafter referred to as an "LSP"),
said AUL Opinion filed with the Massachusetts Department of
Environmental Protection ("ODEP"), at its Western Regional Office,
under Release Tracking No(s). 1-10552, a copy of which in
attached hereto as Exhibit B and made a part hereof. The
activity and use limitations set forth in said AUL Opinion are as
follows;
1.
Activities and Uses Inconsistent with the AOL Opinion.
Activities and uses which are inconsistent with the AUL
opinion, and which, if implemented at the Property, may result in
a significant risk of harm to health, safety, public welfare or
the environment, are as follows:
1. Frequent and/or high-intensity use of impacted mail for
children activities;
2. Improper and/or incomplete maintenance of the asphalt
cover; and
3. subsurface ecavation without prior consultation with the
DEP or with a Licensed site Professional.
2.
Permitted Activities and Uses Set Forth in the AUL Opinion.
The AUL Opinion provides that there exists for any
foreseeable period of time a condition of No Significant Risk to
health, safety, public welfare or the environment (such condition
being defined in 310 CNR 40.0000) so long as any of the following
activities and uses occur on the Property:
passive uses only, such am parking, loading and
1.
unloading, temporary storage of trash containers, passage through
by vehicles and pedestrians;
2.
low frequency an/or intensity of use by
children;
Such other activities or uses which, in the Opinion of
3.
an LSP, shall present no greater risk of harm to health,
safety, public welfare or the environment than the
Any such
activities and uses set forth in this paragraph.
Opinion shall be set forth in writing, signed and sealed by
an LSP, a copy of which is to be filed with DEP at its
2
*
Western
1-10552
3.
Do:MMO
623/M
0VU311:C
Regional Office under Release Tracking No(s).
within 30 days of its date of execution.
Obligations and Conditions Set Forth in the AUL Opinion.
If applicable, obligations and or conditions to be
undertaken and/or maintained at the Property as set forth in the
AUL Opinion in order that a condition of No Significant Risk may
be maintained shall include the following:
1. maintenance of asphalt eover;
2. see AUL, attached.
4.
Proposed Changes in Activities and Uses.
Any proposed changes in activities and uses at the Property
which may result in higher levels of exposure to oil and/or
hazardous material shall be evaluated by an LSP who shall render
an opinion, in accordance with 310 CMR 40.0000, 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.
S.
Violation of a Response Action Outcome.
If the activities, uses and/or exposures upon which an
Activity and Use Limitation filed with DEP is based 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 CHR 40.0000, and without additional response
actions, if necessary, to achieve or maintain a condition of No
Significant Risk, the owner or operator of the Property subject
to such Activity and Use Limitation at the time that the
activities, uses and/or exposures change, shall comply with the
requirements set forth in 310 COR 40.0000.
6.
Recording. Filino and Publication Reouirements
In accordance with- the requirements set forth in 310 CMR
40.0000, this Notice of Activity and Use Limitation shall be:
(i)
recorded and/or registered with the appropriate
Registry of Deeds and/or Land Registration office, within 14 days
of its date of execution, and marginally referenced on the deed
into Owner at the time of recordation and/or registration;
3
OO[X:
MOOR iA007It
VMSI~
(ii) incorporated either in full or by reference into all
deeds, easements, mortgages, leases, licenses, occupancy
agreements or any other instruments of transfer, whereby an
interest in and/or a right to use the Property or a portion
thereof is conveyed;
(iii) a copy shall be filed with the following municipal
offices within thirty (30) days of its date of executions
(1) The chief municipal officer of the community(ies)
in which the Property is located;
(2) The health officer/department of the
community(ies) in which the Property is located;
(3) The zoning official of the community(ies)
which the Property is located; and
in
(4)
The building code official of the community(ies)
in which the Property is located; and
(iv)
published as a legal notice, in a form prescribed by
DEP, within 14 days of its date of execution, in a newspaper
which circulates in the community(ies) in which the Property is
located.
Owner hereby authorizes.and consents to the filing and
recordation and/or registration of this Notice of Activity and
Use Limitation 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).
L
ITNESS theyacution hereof under seal this
,
19
A
day of
-/
.
OWNer Mkclrfl
'I
o
COMMONWEAIlH OF MASSACHUSETTS
/
Then personally appeared the above named tAlE
acknowledged the foregoing to be hi her free act and deed before
me,
a Pub Ic
expires:
E Al.
................... t
..
*uoru
ef / NC
@
0
ox: TOIM M A23/N
Own/ 11|
-
The undersigned LSP hereby certifies that he/she executed
the aforesaid Activity and Use Limitation Opinion attached hereto
as Exhibit D and made a part hereof and that in his/her Opinion
tation is consistent with the
this Notice of Activity and
F
e Limitation Opinion.
terms set forth in said Ac
Date:
a
fALAN
Y/A
'.
L
No.6$442
SETMs
coxMMMO
as. SITE pink19
e5
and
Then personally appeared the above named /./,
acknowledged the foregoing to be his/her free act and deed before
me,
Notary Public
my comm.
expires:
UNDA A.FONTAINE
MA CULdq ban
AUL. lit
Maid
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Page 2
acrlbed, at
southeasterly Corner of the premises her
Beginning D.
an iron pin set in the westerly line of the loation or We Street, commonly dalled South Pleasant Street, a highway; said iron pin also marking
the northeasterly corner of land of The ?Irst National BAnk, formerly property of 0. D. and William itnt; thence from said point of begwins runni4 YORTIgRLY along said highway ninety one and seven tenths (g1.7) feet to
land of James F. Page; thence turning to the left an running lETgh=RL along
land of said Page and land of Amher:t SnvingS Bank a distance of approximately sixty nine (89) feet; thence turning to the left and running
5OUTHELY twenty one (21) inches; thence turning to the right ad running
WESTERLY along land of Amherst Savings Bank and land onw or formerly of
feet to the OUrTFESTERLY corner or a retaining wall constructed of concrete and to Land formerly of J. S. and Sidney Ada s; thence turning to
the left and running SCUTHERLY along land of said S, S. and Sidney
Adams a distance of eighty six (86) feet to land of The First lational
Bank ; thence turning to the left and running ASZERLY along land of said
The First National Bank a distance ori approximately one hundred seventy
Sweetser by deed dated March 1, 1960, and recorded in Eampshfre County egistry of Deeds in Book 194 at page L9; see also deed from Luke Sweetser
to William Cutler and George Cutler dated April 1, 1870, and recorded
in said reg-stry of deeds in book 279, at page 12; sea also deed from
William Cutler and Geotgo Cutler to William V. dunt and Oliver D. Hunt,
dated September 20,1367, and recorded in said registry or Deeds In book
246, At page 2S5; and deed from Coorge Cutler, D..Cutler and M.I. Cutler
to Lucas milltsOM and B.R. William dated October 24, 1879, and recorded
in said registry of Ceeds in Book VIZ at page 105; deed froi Lucas Williams
and B.H. Williams to George Cutler, D.G.Cutler and M.I Cutler dated Octobor 1, 1879, and recorded in said registry of deeds in book M5 at page
7a2; deed from Dwight Gilbert Cutler to George Cutler, dated Jun. 4, 1883,
recorded in said registry of deeds in book 3al at page .07; and deed from
Martho Isabella Cutier to George Cutler, dnted February 1, 1888, recorded
in said registry of deeds in book 416, at page 473; riso see probate -paers
in the estate of Geerge Cutler, and probate paners in the estate of tilliam
Cutler.
The grented premises are conv-y'd subject to t2-e right reserved in the deed
froz Luke Sweetsor to William Cutler and George Cftler", dated Nareh 1, 1060,
and recorded in said registry of Deeds$ in book 194, at page 169, to, in
tuilding upon his land North of the granted premises, enter the tirberz into
the nals of the brick buildinz on the granted premises four inches, in
such Canr.er as to do no other injury to the building.
Subject also to the right reserved in said deed to the owners of thi stores
and lots lying northerly of the granted premises, Luke Sweetser, and J.3.
their heirs and assigns, to keep open the drain for the passrge
and C.Adeo,
of the weter from their cellars through the walls and cellar-of said building forever by said owners being at one half the expense or maintalning said
drain, par&sage and outlet.
SUEJECT also to the right reserved in said deed to Albion T. howe.of a passage
rith teams from the southwest corner of his lend over the premises herein conveyed tn the highway.
also to the right reserved in said deed to Oliver r. Hunt and William
W. Hunt to use the passage north of land conveyed by Luke S'eetser to them.
stMTEVr
also to a right of way eleven (11) feet wide nort adjoining the
side of The rirst Nntional Bank or AtterLt, as described in the
deed froc William and George Cutler to William W. Eunt and Oliver D. Hunt,
drIed September 20,1567, and recorded In said registry of deeds, in book
249, nt page 285.
ZUf.T2CT
NORTHERLY
ZUBJECT also t, taxes for the year 19Y7, of which the grentae assumes and
nstrees to pcy three quarters.
South Pleasant
Street
Amherst
~EEIBI3T
(ID(
6
Zl E sIM laiplim
ollut ia
Renmdiatonn
LSP o Stall
B
Q
CONSULTANTS, INC.
-
S
January 26,
(ilR
/tW3/u
Muu1/ 11:04
-PetcolatioTeatsad
Rqtilary Comian
RecydlngandSoUdWaa
1995
Attorney Martine Reed
Brown, Hart, Reed and Kaplan
Amherst, MA. 01002
RE:
Response
Activity
45 South
DEP RTN:
Action Outcome/
and Use Limitation Opinion
Pleasant Street, Amherst, Ma.
1-10552
Dear Attorney Reed:
With respect to the abovementioned site and based on our data
collected and interpretations presented in previous documents
dated November 7, 1994 and December 27, 1994, it is the opinion
of Cold Spring Environmental that sufficient remedial response
actions and assessment commensurate with the magnitude and impact
of the release of #2 fuel oil and the risk posed by it have been
properly completed to control the reported release.
While the levels that have been achieved do not reach background,
they do achieve a condition of "No Significant Risk" as defined
by 310 CHR 40.0975(6)(a) with the implementation of an Activity
and Use Limitation. Complete implementation of remedial measures
to achieve background levels in accordance with 40.1020 and
40.0860 (4) would not be justified in that the costs to conduct
further response would exceed the benefits to public health and
the environment.
The foundation for the implementation of this AUL is its reliance
on an established S-3 standard of 5,000 ppm TPH given:
1. That the frequency of exposure to the soil to children
would be considered low, in that children are only present
at infrequent intervals and that their intensity of use is
low.
2. That the frequency of use by adults is
considered high
while their intensity of use is low.
3) The soil, maintained under asphalt, would be only
potentially accessible.
The AUL is explicitly limited to an area of soil located at the
bottom of the former tank excavation.
This has been shown to
consist of only the area that remains in exceedance of the S-1
TPH Soil Standard of 500 ppm (bottom soil samples measured at
350 Old Enfield Rnad - Bclhenown, MA 01007 . (413) 323-5957 & 323-4916
Fax: 323.4916
*
Ri918 O W/
2 0 1
January 26,1995
Page 2: Attorney Martine Reed
2,600 ppm to 3,600 ppm but well within the 8-3 TPH standard of
5,000 ppi). The S-3 level can be relied upon if the above
conditions are met. In addition, sidewall PID and laboratory
results from our previous work confine the application of the AUL
to the surveyed area as noted on the Plan prepared by Richard
LaBarge, Sr., RLS.
Content of the Activity And Use Limitation:
The AUL would include the placement and maintenance of an
impermeable layer of asphalt (3" thick) over the noted area. The
asphalt in the noted area must be properly maintained to prevent
potting and cracking in the future until such time as the AUL is
lifted by presentation of additional data or future regulations
that no longer require the limitation of access to the subsurface
soil. No subsurface excavation in the area of the AUL is allowed
without prior consultation of the Massachusetts DEP or a Licensed
Site Professional.
It has been shownzwith-the installation of monitoring wells that
the siteniset'applicabl@ GW-3 brbundwater standards for
of 12/27/94).
it rolewu hydrocarb6bs-iii groundwater (letter
h, the sitecomplies with the requirements of a Class A-3
sAs
Response Action outcome (RAO),,fad 'the RAPS Response Action
Performance Standard-for-itfficient technical resolution has been
maintained.--Inetis characterization, it has also been evaluated
levels tobackground is not necessary nor
that'i-eductio"of
logistics, conditions and
environmentally beneficial (given site
in order to achieve the
risks)
health
public
identificationof
signific'a'rt Risk" (310 CMR 40.0860).
conditioiof'Nt
.p
should be recorded with the AUL and
Aco'py of thiselett'i
submitted to 'Mr VDavid Slowick of the Massachusetts Department of
Environmental Protection (436 Dwight Street, Springfield, MA.
The AUL must be recorded with the
01103) as soon as possible.
Deed and Survey and a Public Notice of the AUL provision must
also be placed in the local newspaper.
Please feel free to contact us with any questions.
sincerely,
ZS
p
Alan E. Weiss, M.S.
President
am1lnEL.
4
4
DOB0EME
$
2
j
14
0
The
Oom~~~,
a-u
(- 3
Z1111I
w~ O Te
Pa If
h
Pn
_6m -17
P(aqn-5-7
I REPORT TMAT THIS PLAN HAS BEEN
PREPARED IN CONFORITY WIH THE
ARLES AND REGULATIONS OF THE
REGISTERS OF DEEDS Of THE
COMMONWEALTH OF MASSACHUSETTS.
PURTHERMORE , I REPORT .THAT THE
PROPERTY LINES SHOWN ARE THOSE
DivtDIm EXISTING OWNERSHIP AND
TIE LteES OF STREEfT AND WAYS
SHOWN ARE THOSE OF PUBLIC OR
PRIVATE STREETS OR WAYS ALREADY
ESTABLISHED AND THAT NO NEW
11011 Of EXISTING
LitES FOR
OWNERSHIP OR FOR NEW WAYS ARE SHOWN.
/Pr
7-
-
I
r
-iamn fauA
NOTES:
9$
THIS PLAN WAS PREPARED FOR THE SOLE PURPOSE
OF DELINEATING THE AREA OF ACTIVITY AND USE LITATION
(3SIOCR 40.1074) ADJACENT TO WILDING* 45.
THIS PLAN WAS COMPIt! D FROM PLANS S DEEDS
OF RECORD AND IS NOT TO BE CONSTRUED AS A BOUNDARY
SURVEY.
I-
z
D
0
I-)
PLAN TN
AMHERST., MASSACHUSETT!
LEGEND
El CONCRETE BOUND FOUND
IRON PIN FOUND
0
A UNMONUMENTED POINT
O MONITORING WELL
FACE OF BR!CK BUILDING
PREPARED FOR:
MERCANTILE BUILDINGS OF
AMHERST, INC
JANUARY 23,99s
PRIPARED BY:
I".20'
Sc
I
SC ALE
FEET
---
40
20
40
0
4
777-w**imwII
EUSINESE
RECOROS
S
I
S
tiii
CORPORATION
ING
o4glo'-d
N:
/ 035-;
K mc?
(""S+C/
Pt
STREET
NORTHAMPTON, MA
II
1:77---Mffln
I
110
_
-- I
1
RICHARD T LABARGE SR
0106
______________________________________________________________________________
62 Th
7/~& 99.
Ad

dulong and labbee

Transcription

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