Full Text
WI TNE SSE T'E: RTN 3-21067 September 2005 III/ , 11111111111111111111111111111111111111111 2005090200869 Bk:24794 Pg:104 09/02/2005 15:29:00 OTHER Ps 1/29 Form 1075 NOTICE_OF ACTIVITY AND USE LIMJTA TION M.G.L. c. 2lE, § 6 and 310 CMR40.0000 Activity Use Limitaiion ,.6385 - Dominion Blaney Street WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 Said response actions arc based upon the restriction of human access to and contact with oil and/or hazardous material in soil and/or the restriction of certain activities occurring ln, on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use rvtAR{:;~'U.L:1EFERENCE W:HEREAS, said pareel(s) of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof ("Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Essex COlmly Registry of Deeds in Plan BookZY''l1f, Plan JQ3 ; WHEREAS, Dominion Energy Salem HarbQL' LLC, is the owner in fee simple of those certain parcd(s) of vacant land located in Salem, Essex County, Massachusetts,.J2.ursuant to a deed reco!"dE~dwith the. Essex County Registry of Deeds in Book 23825, Page 116 issued by the~~~:p..~gi~t~ati(m Office of the Essex County Registry District]; WHEREAS, the Portion of the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan sho\ving the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such b01.U1darieshave been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, a portion of the Property ("Portion of the Property") is subject to this Notice of Activity and Use Liniitition. The Portion of the Property is more particularly bounded and described in Exhibit A-I, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Essex County Registry of Deeds in Plan BookZ.'I799,'Plan~; Disposal Site Name: 10 Blaney Strec..t DEP Release Tracking No.(s): 3-21067 ,This."NG}ticeoJ.Activity .and"TJs@·Limitation .('.'Notice';)..is"made ..as·oLthis _2nd_ day of SeptQ.~nber,~_Q05,by pominion Ener£y Salem HarbQT. LL~,-_24 For.:t Avenue, Salem. Massachus~t.t.s. 01970, together with its successors and assigns (collectively "Owner"). " RECEiVED MAR 1 I Z008 I~ i- DEPT. OF PLANNING & /I J COMMUNITY.. DEVELOPMENT , Id ~ ~ ~ ---PAGE BREAK--- Limitation Opinion ("AUL Opinion"), dated September 2, 2005, (which is attached hereto as Exhibit C and made a part hereof); NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: Activities and uses including, but not limited to, normal commercial and industrial operations, pedestrian and/or vehicle traffic, vehicle parking, landscaping, and routine maintenance of landscaped areas which do not result in direct contact with, or disturbance of, soil located deeper than three feet below surface grade; (ii) Excavation associated with underground utility installation, repair, or maintenance and/or construction activities which do not cause and/or result in the disturbance and/or relocation of soil located deeper than three feet below surface grade, provided it is conducted in accordance with Obligation in Section 3 of this AUL Opinion prior to commencement of such activity; (iii) Excavation associated with underground utility installation, rcpair, or maintenance and/or construction activities which will disturb soil located deeper than three feet below surface grade, provided that it is conducted in accordance with a Soil Management Plan and Health and Safety Plan prepared and implemented in accordance with Obligations (ii) and (iii) in Section 3 of this AUL Opinion prior to commencement of such activity; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and Such other activities and uses not identified in this AUL Opinion as being inconsistent with maintaining a condition of No Significant Risk. Activity & Use Limitation 46385 - Dominion Blaney Street RTN 3-21067 September 2005 ---PAGE BREAK--- 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: Use of the Portion of the Property as a residence, school, nursery, or daycare facility; (ii) Planting, cultivating, and/or harvesting of vegetables, fruits, and other edible produce; (iii) Excavation that is not conducted in accordance with Obligation in Section 3 of this AUL Opinion; (iv) Excavation that will disturb soil located deeper than three feet below surface grade not conducted in accordance with a Soil Management Plan and Health and Safety Plan prepared and implemented in accordance with the Obligations (ii) and (iii) in Section 3 of the AUL Opinion. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: Soil located within the AUL area may not be relocated to an area outside of the AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such relocation is conducted in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq.; (ii) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any activity which will disturb soil located deeper than three feet below surface grade within the AUL area. The Soil Management Plan shall describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and potential receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan, and the Plan must be available on site throughout the course of the project; and (iii) A Health and Safety Plan must be prepared by a certified Industrial Activity & Use Limitation 46385 - Dominion Blaney Street RTN 3-21067 September 2005 ---PAGE BREAK--- Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any excavation activity which will disturb soil located deeper than three feet below surface grade within the AUL area. The Health and Safety Plan should specify the type of personal protection clothing, respirators, etc.), engineering controls, and environmental monitoring necessary to prevent worker exposures to contaminated soil through dermal contact, ingestion, and/or inhalation. Workers must be informed of the requirements of the Health and Safety Plan, and the Plan must be available on site throughout the course of the project. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of hmm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of ham1 to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the Portion of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed Activity & Use Limitation 46385 - Dominion Blaney Street RTN 3-21067 September 2005 ---PAGE BREAK--- under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). Activity & Use Limitation 46385 - Dominion Blaney Street RTN 3-21067 September 2005 ---PAGE BREAK--- WITNESS the execution sea] this] s1 day of September, 2f)05. G. Scott Hetzer Senior Vice Presiden&d Treasurer Dominion Energy Salem Harbor, LLC COMMONWEALTH OF CITY OF RICHMOND The foregoing instrument was acknowJedged before me this l2! day of September, 2005, by G. Scott Hetzer, on behalf of Dominion Energy Salem Harbor, LLC. My Commission Expires: / S5 Then personaJJy appeared the above named _Dorothv A. McGJincy and acknowledged the foregoing instrument to be her free act and deed before me, If ~ kJJ~__ otary Public My Commission Expires: Upon recording, return to: Michael Fitzgerald Dotllinion Energy Salem Harbor, LLC 24 Fort Avenue Salem, Massachusetts OJ970 10 Blaney Street AUL .wET C.KOLEK F'utIIIk Com'.Dnulil.!I fA t.Ir~E:q:Ra.1§. RTN 3-21067 ---PAGE BREAK--- DOMINION ENERGY SALEM HARBOR, LLC Secretary's Certificate I, the undersigned, hereby certify that I am Assistant Secretary of Dominion Energy Salem Harbor, LLC, a Virginia limited liability company (the "Company"). I further certify that the resolutions approved via Unanimous Written Consent (Attachment 1) have not been amended or revoked and that the same is now in full force and effect until revoked. I further certify that the below named person has been duly appointed and is the incumbent of the respective office and that the signature is genuine: G. Scott Hetzer Senior Vice·President and Tre~urer IN WITNESS WHEREOF, I have hereunto set my hand a~have affixed the corporate seal of said Company this day of , 2005. CORPORATE Sb\L ---PAGE BREAK--- ATTACHMENT 1 TRANSCRIPT FROM UNANIMOUS WRITTEN CONSENT OF THE SOLE MEMBER OF DOMINION ENERGY SALEM HARBOR, LLC Effective September 9, 2004 RESOLVED, that the President and the other officers shall have such powers and duties as generally pertain to their respective offices as well as such powers and duties as may be delegated to them from time to time by the Manager. The President and each Vice President shall have authority to sign certificates for bonds, deeds and all manner of contracts necessary, expedient in or incident to the conduct of the Company's business and to delegate such authority in accordance with the Company's policies and procedures, in such manner as may be approved by the President. ---PAGE BREAK--- EXHIBIT A Legal Description of Property Containing Area Subject to AUL 10 Blaney Street Salem, Massachusetts Activity & Use Limitation 46385 - Dominion Blaney Street RTN 3-21067 September 2005 ---PAGE BREAK--- LEGAL DESCRIPTION - PARCELS 1. 2. 3 & 5 10 Blaney Street Salem, Massachusetts Four parcels of land situated in the City of Salem, Essex County, Commonwealth of Massachusetts, being more particularly bounded and described as follows: Parcels 1 & 5 Beginning at a point at the southwest corner of Blaney Street; THENCE N 66°47'49" E along the southerly side of Blaney Street, a distance of 44.23 feet to a point at the southwest corner of land now or formerly of Daniel J. Mackey; THENCE N 68°14'50" E along the southerly line of said Mackey land, a distance of 58.46 feet to a point on a westerly line of land now or formerly USGEN New England, Inc.; THENCE S 34°32'46" E along a westerly line of said USGEN New England, Inc. land, a distance of 18.31 feet to a point; THENCE S 36°25'36" E along a westerly line of said USGEN New England, Inc. land, a distance of 139.98 feet to a point; THENCE S 34°54'46" E along a westerly line of said USGEN New England, Inc. land, a distance .of 610 feet more or less to the low water mark of Salem Harbor; THENGE Northwesterly along the low water mark of Salem Harbor a distance of 615 feet more or less to a point at the southwest corner of Parcel 2; THENCE N 31°53'44" W along the easterly line of said Parcel 2, a distance of 320 feet more or less to the southwest comer of Parcel 4; THENCE N 60°01'26" E along the southerly line of said Parcel 4, a distance of 73.72 feet to the point of beginning. The above described parcel containing 113,106 square feet, more or less. Parcel 2 Beginning at a point on the easterly side of White Street, on two courses, the first N 23°37'40" W a distance of 4.53 feet, the second, N 24°18'26" W a distance of 70.88 feet from the southeast corner of White Street, and is the southwest corner of Parcel 3; THENCE N 60°31'47" E along the southerly line of Parcel 3 a distance of 53.70 feet to a point on the westerly line of Parcel 4; THENCE ---PAGE BREAK--- S 31°53'44" E along the westerly line of Parcel 4 and the westerly line Parcel 1 & 5 a distance of 357 feet more or less to the low water mark of Salem Harbor; THENCE Westerly along the low water mark of Salem Harbor a distance of 46 feet more or less to a point on the easterly line of land now or formerly of Hawthorne Marina Limited Partnership; THENCE N 32°22'40" W along the easterly line of said land of Hawthorne Marina Limited Partnership a distance of 291 feet more or less to a point; THENCE S 62°27'30" W along the northerly line of said land of Hawthorne Marina Limited Partnership a distance of 14.73 feet to a point on the easterly line of White Street; THENCE N 24°18'26" W along the easterly line of White Street a distance of 70.88 feet to the point of beginning. The above described parcel containing 17,740 square feet, more or less. Parcel 3 Beginning at a point on the easterly side of White Street, on two courses, the first N 23°37'40" W a distance of 4.53 feet, the second, N 24°18'26" W a distance of 70.88 feet from the southeast corner of White Street, and is the southwest corner of Parcel 3; THENCE N 2r59'18" W along the easterly line of White Street a distance of 26.25 feet to a point; THENCE N 25°18'07" W along the easterly line of White Street a distance of 19.00 feet to a point at the southwest corner of land now or formerly of Michael A. McLaughlin and Claudia Chuber; THENCE N 62°19'27" E, along the southerly line of said land of Michael A. McLaughlin and Claudia Chuber a distance of 49.82 feet to a point on the westerly line of Parcel 4; THENCE S 31°53'44" E, along the westerly. line of Parcel 4 a distance of 43.67 feet to the northeast corner of Parcel 2; THENCE S 60°31'47" W, along the northerly line of Parcel 2 a distance of 53.70 feet to the point of beginning. The above described parcel containing 2,309 square feet, more or less. H:\CUIlinonlplojI20S200Q9-2a-O 1O\@onro""t>120S20009·L if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with the applicable provisions of M,G.L. c. 21 E and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site ConditIons after a Response Action Outcome Statement is being submitted, this evaluation was developed in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1080: if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (ii) complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use limItation, or a Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40,0000 and (ii) complies with 310 CMR 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with the applicable provisions of M.G,L. c. 21 E and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1071; > jf Section B indicates that 8 Confirmatory Activity and Use Limitation is being registered and/or recorded, the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1085(4); I am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete. 1. LSP 7336 2. First Name: Dorothy 3. Last Name: McGlinc 4. Telephone: (978) 656-3659 5. Ext.: 6. FAX: (978) 453-1995 7. Signature: 9. LSP Stamp: Revised: 06/27/2003 8. Date: 5;.,;y/.tJ11h.v J'l; mm/dd/yyyy Page 2 of 2 ---PAGE BREAK--- NOTIFICATION TO PROPERTY OWNERS 310 CMR 40.1074(1)(e) ---PAGE BREAK--- 1"RC Customer-Focused Solutions July 15, 2005 Certified Mail, Return Receipt Requested M.G. Deacon, Jr. VP Fossil and Hydro Merchant Operations Dominion 5000 Dominion Blvd Glen Allen, VA 23060 Re: Activity and Use Limitation Notification, 10 Blaney Street, Salem, Massachusetts Dear Mr. Deacon: The purpose of this letter is to inform you that a Notice of Activity and Use Limitation (AUL) will be placed on the property at 10 Blaney Street in Salem, Massachusetts. The Massachusetts Contingency Plan (MCP) regulations (310 CMR 40.1074(1)(e» require notification to all current holders of any record interest in the property subject to the proposed AUL. The 10Blaney Street property has been impacted by metals as a result of historical use of the property as a tannery, from various filling activities at the site, and possibly from boat maintenance. Chromium and lead are the primary contaminants of concem, and the contamination is primarily limited to surface and subsurface soils, with low levels of metals detected in on-site groundwater wells. TRC Environmental Corporation completed a Phase II Comprehensive Site Assessment on behalf of the owners in September 2004. The site-specific human health risk assessment concluded that current site conditions do not present unacceptable risk to recreational trespassers or off-site residents, but there is some unacceptable risk to future unrestricted use of the site. Therefore, an AUL will be placed on the property. The following are pennitted activities: • Commercial and industrial activities and uses, including but not limited to equipment storage, power plant operations, vehicular parking, pedestrian traffic, and landscaping. • Excavation of underground utilities andlor construction activities, provided the work is conducted in accordance with a Soil Management Plan and a Health and Safety Plan. Boott Mills South, Foot of John Street· Lowell, Massachusetts OJ 852 Telephone [PHONE REDACTED] • Fax [PHONE REDACTED] ---PAGE BREAK--- Mr. M. G. Deacon, Jr. July 15, 2005 • Other activities and uses which, in the Opinion of a Licensed Site Professional (LSP) pose no greater risk of hann to health, safety, public welfare, or the environment than the activities and uses listed above. The following areprohibited activities: • Use of the property as 'aresidence, school, nursery, or daycare facility. • Growing edible plants, such as vegetables and fruits, for the purpose of consumption. • Relocation of the subsurface chromium "hot spot" to shallower depths at the property. The following are the obligations and conditions that will be required in the AUL Opinion: • Annual inspection and documentation of landscaping activities to ensure no edible plants, such as vegetables and fruit, are grown at the property. TRC anticipates the final AUL language will describe activities similar to the activities listed above. If you have any questions concerning this AUL notification, please contact TRC at (978) 970-5600, or Mr. Lou Arak, Dominion Energy, at (978) 740-8361. Thank you. Sincerely, TRC Environmental Corporation Dorothyl..{.McGIincy, P(~~P Senior Program Manager Cc: Louis Arak, Dominion, Salem Harbor Station Michael Fitzgerald, Dominion, Salem Harbor Station Meredith Simas, Dominion, Brayton Point Station 2 TRC ---PAGE BREAK--- , oOO,estic Return Rece!1Ji ' /''''70'05'''0390 DDD5 ( . 'f'S Form B811. Fbbrudry2~' 3. SeiViceType o CertffiedMall 0 L j1 nReg!$terod 0 Rerun:!ReoeIPt for M~1se 51- /JuL NoT 1f76 , ,!l1$UrOO M8}I, '0 G·O.O., . , ' ~ DelIVery? (Extm Fee) 0 Yes ¥ 6240 7532 Cori1pleteiteros1" 2. and 3, Also complete Item 4 if Restricled Delivery is desired. Print your nameahd address on the reVeise so that we.can card 10You . Attac!1 thi;i calF! 1o,11113back of the inallpIecei , 'or on ·t~llilroht if space permits ; 1. ArtlcI6~ 10: - ' M.G. Deacon, Jr. VP Fossil and Hydro Merchant Operations ; Dominion : 5000 Dornirlion Blvd. Glen Allen. V A 23060