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Home My WebLink AboutMiscellaneous - 498 CHICKERING ROAD 4/30/2018 (4) - ---, \ 1 � r Groundwater & Environmental Services, Inc. 364 Littleton Road•Suite 4•Westford,Massachusetts 01886•(800)221-6119•Fax(978)392-8583 August 20,2008 CERTIFIED MAIL NO. 7006 2760 0004 73261870 Ms. Susan Y. Sawyer,Director Town of North Andover Health Department 1600 Osgood Street Building 20; Suite 2-36 North Andover,MA 01845 _ RECEIVED Re: Class A-3 Response Action Outcome Former Mobil Service Station No. 17776(01-420) AUG 2 5 2008 498 Chickering Road North Andover,MA 01845 TOWN OF NORTH ANDOVER MADEP Site Number 3-3454 HEALTH DEPARTMENT Dear Ms. Sawyer: On behalf of ExxonMobil Environmental Services Company (ExxonMobil), Groundwater & Environmental Services, Inc. (GES)is informing you that a Class A-3 Response Action Outcome (RAO) has been completed for the above-referenced property. This report has been submitted to the Massachusetts Department of Environmental Protection (MADEP)Northeast Regional Office, located in Wilmington,Massachusetts. The RAO relies on an Activity and Use Limitation (AUL) that has been placed on the former Mobil Station property deed. An AUL was not placed on the portion of the disposal site located beneath the Chickering Road right-of-way as allowed by 310 CMR 40.1012(3). If you have any questions regarding this submittal or would like to obtain a full copy of the report,please contact the undersigned at(800)221-6119. Sincerely, GR0UNDWATER&ENVIRONMENTAL SERVICES,11VC. �Kl)avid Martin Steven D. Charron,P.G.,LSP Associate Geologist Senior Project Manager cc: MADEP Northeast Regional Office Mobil File Environmental Solutions and Liability Management �57/6- ` V Groundwater & Environmental Services, Inc. 364 Littleton Road•Suite 4•Westford, Massachusetts 01886•(978)392-0090•Fax(978)392-8583 August 8, 2008 Certified Mail No. 7006 2760 0004 73261801 Ms. Susan Y. Sawyer, Director RECEIVED Town of North Andover Health Department 1600 Osgood Street AUG 112008 Building 20; Suite 2-36 North Andover, Massachusetts 01845 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Dear Ms. Sawyer: The purpose of this letter is to inform you that an Activity and Use Limitation (AUL), a copy of which is enclosed, will be filed at the Massachusetts Department of Environmental Protection (MADEP). The AUL affects the entire property located at 498 Chickering Road in North Andover, Massachusetts. It 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 residually impacted soil located on the subject property. The AUL identifies those activities and uses which 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. A Notice of an Activity and Use Lunitation legal notice, a copy of which is enclosed, will be published in the LWVrence Eagle Tribune during the week of August 11, 2008. 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 the undersigned at (800) 221-6119. Sincerely, GROUNDWATER AND ENVIRONMENTAL SERVICES, INC. David Martin Steven D. Charron, LSP Associate Geologist Senior Project Manager Cc: MADEP Northeast Regional office Attachments: Activity and Use Limitation(MADEP Fonn 1075) Notice of an Activity and Use Limitation Environmental Solutions and Liability Management NOTICE OF AN ACTIVITY AND USE LIMITATION Former Mobil Station No. 11776(formerly 01-420) 498 Chickering Road,North Andover,MA 01845 MADEP Site No. 3-3454 MADEP RTN's 3-26053 and 3-26327 Pursuant to the Massachusetts Contingency Plan (MCP) 310 CMR 40.1074, a NOTICE OF ACTIVITY AND USE LIMITATION (AUL) for the above disposal site has been recorded and/or registered with the Essex North Registry of Deeds on July 23,2008. Permitted activities and uses include those consistent with the current commercial and/or industrial uses of the property in accordance with local zoning ordinances, routine maintenance and construction activities, and activities and uses that are consistent with maintaining a condition of No Significant Risk. The NOTICE OF ACTIVITY AND USE LIMITATION will limit the following activities and uses on the above property: 1. Any development of the property within the area of the AUL for residential, educational, institutional or agricultural purposes that would result in the likely exposures associated with these activities and uses including dermal contact, ingestion and inhalation; and 2. Excavation, stockpiling and off-site disposal of soil without Licensed Site Professional (LSP) supervision, and if appropriate, without a valid Soil Management and/or Groundwater Management Plan. The following obligations and conditions are set forth in the NOTICE OF ACTIVITY AND USE LMTATION: (i) Soil from the AUL area that is excavated at a future date and not backfilled and/or soil that is proposed for removal from the property must be managed under the direction of a LSP in accordance with applicable MCP and federal requirements under a site-specific Soil Management and/or Groundwater Management Plan, Health & Safety Plan, and in accordance with local by-laws; and (ii) No other obligations or conditions for use are required as long as the property is not developed for residential, educational, institutional or agricultural use. Any person interested in obtaining additional information or reviewing the NOTICE OF ACTIVITY AND USE LMTATION and the disposal site file may contact Ms. Regan O'Brien of ExxonMobil Environmental Services Company, PO Box 18, 80 Boston Road, Groton, Massachusetts 01450, (978)272-1048. Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Former Mobil Service Station No. 01-420, 498 Chickering Road, North Andover, Massachusetts DEP Release Tracking No.(s): 3-3454,3-26053 and 3-26327 This Notice of Activityand Use Limitation "Notice" fd ("Notice")is made as of this day of July, 2008 by Chestnut Realty Development,LLC.,231 Sutton Street,Suite 1-B,North Andover,Massachusetts 01845,together with their successors and assigns(collectively"Owner"). WITNESSETH: WHEREAS, Chestnut Realty Development, LLC. is the owner in fee simple of that certain parcel of land located in North Andover,Essex County,Massachusetts,with the buildings and improvements thereon,pursuant to a deed recorded with the Essex County North Registry of Deeds in Book 10567,Page 58; WHEREAS, said parcel(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 County North Registry of Deeds as Plan No. 15707. WHEREAS,the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship 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 boundaries have been established. Exhibit B is attached hereto and made a part hereof; and AUL-498 Chickering Road Pagel of 5 North Andover,Massachusetts WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L.c.21E("Chapter 21E")and the Massachusetts Contingency Plan,310 CMR 40.0000 ("MCP"). Said response actions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil and groundwater and/or(b)the restriction of certain activities occurring in, on,through, over or under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"),dated April 3,2008(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 ofNo 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 Property: (i) Commercial and/or industrial uses of the Property and activities consistent therewith which do not involve the development of the property for residential, educational, institutional or agricultural purposes; (ii) Routine maintenance and construction activities; (iii) Activities and uses which are not identified in the Opinion of a Licensed Site Professional(LSP) as being inconsistent with maintaining a condition of No Significant Risk; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health,safety,public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses as permitted by local Zoning Ordinances with the exception of uses not identified in Paragraph 2 as being 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 Notice of Activity and Use Limitation,and which,if implemented at the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Any development of the Property for residential, educational, institutional or agricultural purposes that would result in the likely exposures to site soil associated with these activities and uses including dermal contact, ingestion and inhalation; and (ii) Excavation,stockpiling and off-site disposal of soil without LSP supervision,and if appropriate, withouVa valid Soil Management Plan and/or Groundwater Management Plan. AUL-498 Chickering Road Page 2 of 5 North Andover,Massachusetts 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable,obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) Soil from the AUL area that is excavated at a future date and not backfilled,and/or is proposed for removal from the property, must be managed under the direction of an LSP in accordance with applicable state and federal requirements under a site-specific Soil Management Plan and/or Groundwater Management Plan,Health& Safety Plan, and in accordance with local by-laws. (ii) No other obligations or conditions for use are required as long as the property is not developed for residential,educational, institutional or agricultural use. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., 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 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 harm 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 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 under seal by the undersigned LSP,and recorded and/or registered with the appropriate Registry(ies)of Deeds and/or Land Registration Office(s). AUL-498 Chickering Road Page 3 of 5 North Andover,Massachusetts i Ilk WITNESS the execution hereof under seal this day of ,2008. r i Louis Minicuc i Jr. Chestnut Real Develop ,LLC Manager COMMONWEALTH OF MASSACHUSETTS to-e 'M ss 11! I� 200 On this_to�day of April,2008,before me,the undersigned notary public,personally appeared Louis Minicucci Jr.,proved to me through satisfactory evidence of identification,which were MAD f'�1X f , to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. (as manager for Chestnut Realty Development,LLC, a corporation) X WUW'66� (official signature and seal of notary) S #eH .✓1• ,uCLrso aoll) AUL-498',Chickering Road Page 4 of 5 North Andover,Massachusetts i The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: h d ®q OF Steven D. Charron,LSP o2y►��' Ss�ctio STEVEN Seal: CHARRON r No. 7303 COMMONWEALTH OF MASSACHUSETTSi l seg' ss �o On this :30 day of April 2008,before me,the undersigned notary public,personally appeared Steven D. Charron,prove//d to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. (official signature and seal of notary) ��SsD '��OSDS Upon recording,return to: Steven D. Charron GES,Inc. 363 Littleton Road, Suite 4 Westford,Massachusetts 01886 AUL-498 Chickering Road Page 5 of 5 North Andover,Massachusetts EXHIBIT A METES AND BOUNDS DESCRIPTION OF THE RESTRICTED AREA SPECIFICALLY SUBJECT TO THE NOTICE OF ACTIVITY AND USE LIMITATION (AUL) Being a parcel of land located at 498 Chickering Road,North Andover, Essex County, Massachusetts,bounded and described as follows: Starting at a drill hole in a stone bound at the intersection of the easterly side of Allen Street and the southerly side of Franklin Street,then running N 88°46' 25"E along the southerly sideline of Franklin Street one hundred eighty and no hundredths feet(180.00) to the point of beginning at the northwesterly corner of the AUL area, thence; N 880 46' 25"E along the southerly sideline of Franklin Street one hundred fifty-eight and forty-two hundredths feet (158.42')to the northwesterly sideline of Chickering Road, a/k/a Rte. 125/133, thence; S 27° 30' 45"W along the northwesterly sideline of Chickering Road two hundred fifty- one and twelve hundredths feet (251.12')to the northerly sideline of Park Street, thence; N 71° 33' 19"W along the northerly sideline of Park Street ninety-six and ninety-nine hundredths feet(96.99')to an angle point, thence; N 77°26' 05"W along the northerly sideline of Park Street twenty-seven and six hundredths feet (27.06') to a corner,thence; N 01° 14' 22"W one hundred thirteen and seventy-nine hundredths feet(113.79') to a corner,thence; S 77° 02' 48"E sixty-two and thirty-one hundredths feet(62.31')to a corner, thence; N 12° 05' 34"E eighty-four and eighty-four hundredths feet (84.84'),the last three courses all by land now or formerly of Barry A. and Rosemary Brodette,to the point of beginning. Being the entirety of Lot A as shown on a plan entitled, "Notice of Activity and Use Limitation Plan", dated 2-06-07, revised 2-11-07,prepared for Groundwater and Environmental Services, Inc. by Hancock Associates, Civil Engineers, Land Surveyors, Landscape Architects and Environmental Consultants, containing 31,425 square feet, 0.72 acres. Said plan recorded on June 6, 2007 as document#15707. EIIHIDIT B 0457M EDGE a-PA1 30VT fRANKLLI STREET ` reaav' LO A N/E BARRY A. (P °1 40 fL AND ROSEMARY 072 a�•' BROCIET7F" cA A LlM/ AAO PL ED E RE PROPERTY BOUNDARY AND AREA SUBJECT TO LO ACTIVITY AND USE UMMAIMN SITEBOUNDARY EFT DRATTED ACTIVITY AND USE LIMITATION W.G.S. (N.J.) SSETCH PLAN CHECKED BY: 5e— FORMER MOBIL SERVICE STATION #11776 (01-420) 498 CHICKERING ROAD REVIEWED NORTH ANDOVER, MASSACHUSETTS NDg: PLAN MODIFIED FROM ACTIVITY AND USE LIMITATION NORTH Groundwater&Environmental Services,Inc. PLAN- PREPARED BY HANCOCK ASSOCIATES ON 364 UTI LETON ROAD SUITE 4 WESTFORD, MA 01886 FEBRUARY TT,2007. SCALE IN FEET DATE FIGURE ENTIRE PROPERTY IS SUBJECT TO ACTIVITY AND USE (D -� LIMITATION. 0 50 4-11-07 I EXHIBIT C Activity and Use Limitation Opinion Former Mobil Station No. 11776 (formerly 01-420) 498 Chickering Road North Andover, Massachusetts MADEP Site No. 3-3454 MADEP RTNs 3-26053 and 3-26327 In accordance with the requirements of the Massachusetts Contingency Plan (MCP) 310 CMR 40.1074, this Activity and Use Limitation (AUL) Opinion has been prepared by Groundwater & Environmental Services, Inc. (GES) for the parcel of land located at 498 Chickering Road in North Andover,Essex County, Massachusetts and owned by Chestnut Realty Trust. Site Description The subject property (site) is located at 498 Chickering Road (Route 125/133) in North Andover, Massachusetts, at the intersection of Chickering Road and Park Street. A vacant former gasoline service station building is situated on the western portion of the site, facing Chickering Road. Prior to station closure, the building housed a cashier's office, restrooms storage area and three automotive service bays. Other developments on the vacant property include a canopy located between the former service station building and Chickering Road. No known underground storage tanks (USTs)or associated piping and dispensers are currently located at the site. Approximately 90% of the property is covered with pavement or developed with the service station building. The remainder of the property is improved with landscaped areas located along the perimeter of the site, which are covered with bark mulch and/or grass. Wooded areas are located along the northern and the western edges of the site. The site is situated in an area of North Andover with a General Business District zoning designation. Properties in the area are used for commercial or residential purposes. The North Andover Middle School is located to the south of the site, approximately 250 feet in a topographically and hydraulically upgradient direction. No other sensitive land uses such as nursing homes or daycare facilities are located in the immediate vicinity of the site (approximately 500 feet). The site is not located within the boundaries of a Zone II of a public water supply, a potentially productive aquifer (PPA), an Interim Wellhead Protection Area, or Zone A of a Class A surface water body. The nearest mapped public water supply to the site is Lake Cochichewick, located approximately 4,100 feet east and 5,700 feet northeast of the site. The nearest portion of a Watershed Protection District surrounding Lake Cochichewick is approximately 4,000 feet east GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 1 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 of the site. No known private water supply wells exist in the vicinity of the site. The service station building,while active was reportedly serviced by municipal sewer and water. Surface water bodies were not identified within 500 feet of the site. Similarly, no Areas of Critical Environmental Concern (ACEC), estimated habitats of rare wetlands wildlife, or certified vernal pools, as identified by the Natural Heritage Endangered Species Program (NHESP), are located within 1,000 feet of the site. The nearest mapped surface water bodies are two unnamed brooks located approximately 750 feet and 1,500 feet east and northeast of the site, respectively. These brooks flow towards Stevens Pond, which is located approximately 2,200 feet east of the site. Groundwater at the site is classified as GW-2 and/or GW-3, since the site is not located within a Current and/or Potential Drinking Water Source Area, the average depth of groundwater is less than 15 feet below grade, and impacted groundwater on a portion of the site is located within 30 feet of the existing service station building. Soil at the site is classified as S-2 and/or S-3, since frequency of use by adults and children is high, the intensity of use is low, and the impacted soil is potentially accessible. Site History and Summary of Environmental Investigations The subject property was reportedly owned and operated as a gasoline service station by the Arsenault family from circa 1932 to 1969. Mobil Oil Corporation (Mobil) became the property lessee circa 1969 and operated a gasoline service station at the site until August 2004. The property was purchased by ExxonMobil Oil Corporation (ExxonMobil) circa 2003. The subject property has been vacant since August 2004. Environmental assessment and/or remedial activities were initiated at the site in 1986 following the replacement of gasoline USTs installed in 1971. Three fiberglass-lined steel UST's were removed from the site and replaced in November 1986. Petroleum-impacted soil was reportedly encountered within the tank excavation, and the findings were reported to the MADEP in November 1986. Impacted soil was then reportedly removed from the excavation. Post excavation soil samples were screened for volatile organic compounds (VOCs), with the screening results indicating that impacts were limited due to the presence of a clay/silt layer observed at the edges of the excavation. Based on a March 23, 1987 MADEP Memo, no further action was deemed necessary by MADEP at the site following completion of tank replacement activities. In April 1990, Hydro-Environmental Technologies, Inc. (HETI) completed a 21E Environmental Site Assessment for the Mobil property. The assessment was initiated due to the above- mentioned detection of impacted soil during the UST replacement activities in November 1986. Analytical data collected indicated that petroleum impacts were primarily present in the eastern side of the dispenser island in the groundwater saturated zone at depths ranging from GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 2 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 ------ - ----------------------------- — ----- ----- approximately four feet to nine feet below gro>.md surface (bgs). This information was reported to MADEP and the site was 3 assigned RTN - g 3454. The site was fisted as a Location to be Investigated (LTBI) in January 1991. During tank-pad well gauging activities conducted by HETI in September 1991, non-aqueous phase liquid (NAPL) described as "viscous oil" was noted in the waste oil tank pad monitoring wells. Due to the viscosity of the oil, the probe sensor was unable to obtain an accurate measure of the product thickness. Subsequently, Service Station Maintenance, Inc. (SSM) of Worcester, Massachusetts purged and disposed of approximately 375 gallons of groundwater and oil from the waste oil and gasoline tank-pad wells. NAPL gauging and bailing was reportedly performed from these two tank-pad monitoring wells until December 1991. On February 22, 1993, approximately 160 gallons of No. 2 diel oil were mistakenly pumped into the former tank-pad monitoring well located north and adjacent to the fill pipe of the fuel oil UST. Clean Harbors, Inc. of Braintree, Massachusetts (Clean Harbors) reportedly recovered approximately 150 gallons of fuel released as a result of the incident. No additional response actions were reportedly performed since groundwater monitoring was on-going as part of response actions under RTN 3-3454. A "Threat of Release" 72-hour notification was made to the MADEP on March 29, 1994 due to the detection of water in the special grade gasoline UST. The new reporting condition was assigned RTN 3-10816. Further investigation indicated that one of the Stage II vapor recovery lines was damaged, which allowed water to come into the line and consequently into the tank. As further described in the June 1994 Class A RAO associated with RTN 3-10816, it was determined that despite a crack in the vapor recovery system, no release of gasoline had occurred and therefore no further response action was necessary. A Phase II Comprehensive Site Assessment(CSA) was completed by GES for main Site Number 3-3454 in September 1998. In June 1999, GES submitted a Phase III Remedial Action Plan (RAP) which proposed natural attenuation as the selected preferred remedial alternative to address petroleum-impacted groundwater. A Class C RAO was submitted to MADEP concurrently with the Phase III report. Groundwater monitoring and soil vapor screening under the Class C RAO has been performed at least semi-annually since 1999 and annually since 2001, respectively. The soil vapor screening results from points installed adjacent to the former service station building have not indicated the presence of VOCs levels above MADEP action levels requiring an evaluation of indoor air quality. Post Class C RAO Inspection and Monitoring Reports have been submitted to MADEP every six months since June 1999. In June 2006, GES filed a Release Abatement Measure (RAM) Plan with MADEP for the management of any petroleum-impacted soil encountered during removal of site USTs, piping, hydraulic lifts and an oil/water separator as part of station divestment activities being conducted by ExxonMobil. In addition, the RAM Plan proposed the over-excavation of an area of residual GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 3 of 6 Former Mobil Station No.11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 N petroleum-impacted soil that had previously been identified around the southern and eastern perimeters of the dispenser island area. In July 2006, GES observed a series of source removal and soil excavation activities at the site. The excavations were performed by CYN Environmental Services (CYN) of Stoughton, Massachusetts. Equipment and materials removed during the completion of these activities included: two 10,000-gallon fiberglass gasoline USTs and one 12,000-gallon fiberglass gasoline UST; four gasoline dispensers and associated product piping; a 550-gallon fiberglass fuel oil UST; a 550-gallon fiberglass waste oil UST; an oil/water separator and the 200 gallons of liquid/sludge within; three hydraulic lifts from the former automotive service bay area; and approximately 900 cubic yards of impacted soil, as determined by photo-ionization detector (PID)readings and visual/olfactory observations at the time of the RAM activities. Post-excavation soil analytical results collected from the waste oil UST and oil/water separator grave identified the presence of select metals in soils at concentrations above RCS-1 Reportable Concentrations (samples collected from four to eight feet below grade). The metal exceedances of RCS-1 Reportable Concentrations represented a 120 day reporting condition. A Release Notification Form (RNF) was submitted to MADEP with the RAM Completion report. MADEP assigned RTN 3-26327 for this notification. Also during the excavations, PID readings of greater than 100 parts per-million by volume (ppmv) were recorded for soil samples collected from within ten feet of the gasoline USTs. MADEP was notified of the 72-hour reporting condition on July 13, 2006, and RTN 3-26053 was assigned. An IRA Completion was filed for RTN 3-26053 in September 2006. Both RTN 3-26053 (IRA condition) and 3-26327 (metals in soil) have not been linked to the main site number (3-3454) because of the Class C RAO site status which prohibits the linking of additional RTNs. In October,2006, Geosearch, Inc. of Fitchburg, Massachusetts advanced six soil borings at the Mobil property under GES supervision. Monitoring wells were constructed in five of the borings to replace monitoring wells destroyed by the construction activities and to assess areas of limited impact identified during the RAM activities (former fuel oil UST grave, former waste oil UST grave and former oil/water separator area). GES subsequently collected groundwater data from the site monitoring network to assess post-excavation conditions in support of the closure risk assessment. A Method 3 Risk Characterization was performed in the summer of 2007 using analytical data collected at the site to assess current environmental conditions in support of the pending Class A- 3 RAO. The report concluded that a condition of No Significant Risk has been achieved for groundwater (including vapor intrusion into indoor air) at the site and through implementation of an AUL limiting unrestricted land use, a condition of No Significant Risk has also been achieved for site soils. As such, the use of an AUL is appropriate to achieve and maintain a level of No GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 4 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 Significant Risk for a Class A RAO. The Method 3 Risk Characterization will be submitted to the MADEP as part of the Class A-3 RAO Statement. Reason for Activity and Use Limitation Based on a review of current site conditions and analytical data collected to date, a condition of No Significant Risk is anticipated to exist for activities and uses consistent with the current business zoning of the property, and for routine maintenance, underground utility and/or construction activities. However, residual metal and gasoline-related soil impacts exist at depth at the site at concentrations that represent a Significant Risk under unrestricted land use. As such, an AUL is necessary to limit potential exposures associated with unrestricted use and development of the property. Permitted Activities and Uses Consistent with the AUL Opinion (i) Commercial and/or industrial uses of the property and activities consistent therewith which do not involve the development of the property for residential, educational institutional oragriculturalpurposes; (ii) Routine maintenance and construction activities; (iii) Activities and uses which are not identified in the Opinion of an Licensed Site Professional (LSP) as being inconsistent with maintaining a condition of No Significant Risk; (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 section; and (v) Such other activities and uses as permitted by local Zoning Ordinances with the exception of uses identified as being Activities and Uses Inconsistent with the AUL. Restricted Uses and Activities Inconsistent with the AUL Opinion Oi Any development of the subject property for residential, educational, institutional or agricultural purposes that would result in the likely exposures to site soil associated with these activities and uses including dermal contact, ingestion and inhalation; and GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 5 of 6 Former Mobil Station No.11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 (ii) Excavation, stockpiling and off-site disposal of soil without LSP supervision, and if appropriate, without a valid Soil Management and/or Groundwater Management Plan. Obligations and Conditions (i) Soil from the AUL area, if excavated at a future date and not backfilled and/or is proposed for removal from the property, must be managed under the direction of an LSP in accordance with applicable state and federal requirements under a site- specific Soil Management Plan and/or Groundwater Management Plan, Health & Safety Plan, and in accordance with local by-laws. (ii) No other obligations or conditions for use are required as long g q g as the property is not developed for residential, educational or institutional use. LSP: Steven D. Charron, #7303 Date: 3 U GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 6 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 r Massachusetts Department of Environmental Protection ' Bureau of Waste Site Cleanup BWSC113A Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM E Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 3454 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: FMR MOBIL SERVICE STATION 01-420 2. Street Address: '498 CHICKERING RD 3. City/Town: ;NORTH ANDOVER ? 4. ZIP Code: 101845-0000 B. THIS FORM IS BEING USED TO: (check one) j 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. 3. Provide the LSP Opinion for an Amended p e ded Notice of Activityand Use Limitation,pursuant to 310 CMR 40.1081(4). P 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR t..-' 40.1083(3). 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). . 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3). E' 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,P ursuant to 310 CMR 40.1083(2). 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c). 1 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation, pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? 2J'; a. No E] b. Yes If yes,then fill out address section below. 2. Street Address: t........-._-.. 3. City/Town: ' ' 4. ZIP Code. # __ Revised:06/27/2003 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A i Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) I - 3454 ; D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and (3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge, information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L. c.21 E and 310 CMR 40.0000 and (ii)complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation, or a Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the a pplicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use II' Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1085(4); I am aware that significant penalties may result, including,but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete. 1. LSP#: ;7303 2. First Name: ,STEVEN D 3. Last Name: CHARRON 4. Telephone: ;(800) 221-6119 1 5. Ext.: i 6. FAX: I 7. Signature: 1 8. Date: ` © 4 ' mm/dd/yyyy 9. LSP Stamp: N of STEVEN CHARP,1 , NO 7343 FGIST G�` ea• c�}SITE P�O�� Revised:06/27/2003 Page 2 of 2 bpi I CERTIFICATE OF ORGANIZATION OF CHESTNUT REALTY DEVELOPMENT,LLC A Massachusetts Limited Liability Company The undersigned authorized person hereby forms a limited liability company under Massachusetts General Laws,Chapter 156C,the Massachusetts Limited Liability Company Act,and adopts as the Certificate of Organization of such limited liability company the following: 1. Name of the limited liability company: Chestnut Realty Development,LLC 2. Street address of the office of the limited liability company in the Commonwealth at which its records will be maintained: 231 Sutton Street,Suite I B North Andover,MA 01845 3. General character of the limited liability company's business: The general character of the business is to acquire, hold, own, develop, construct, rehabilitate, renovate, improve, maintain, finance, manage, operate, lease, trade, sell, convey, assign, mortgage and otherwise deal with real estate and other property. and assets owned or to be acquired, to invest in persons or entities that do any of the foregoing,and to engage in any and all activities and transactions as may be necessary or advisable in connection with such business, to the full extent permitted by law. The Company may engage in any lawful business,trade,purpose or activity permitted by the Act. 4. Latest date of dissolution of the limited liability company: The limited liability company is to have no specific date of dissolution. 5. Name and business address of the resident agent for service of process: Louis P.Minicucci,Jr. c/o Minco Development Corp. 231 Sutton Street,Suite 1 A North Andover,MA 01845 6. Name and business address of the managers: Thomas D.Laudani c/o Northpoint Realty Development,LLC 231 Sutton Street,Suite 1B North Andover,MA 01845 Louis P.Minicucci,Jr. c/o Minco Development Corp. 231 Sutton Street,Suite 1 A North Andover,MA 01845 {K0284357.1} i 7. Limitation on liability of managers/Indemnification: The limited liability company shall indemnify and hold harmless any member or manager,and any previous member or manager,and may indemnify and hold harmless any current or former officer or employee,from and against any and all claims and demands whatsoever,including the payment by the limited liability company of expenses incurred in defending a civil or criminal action or proceeding in advance of the final disposition of such action or proceeding,upon receipt of an undertaking by the person indemnified to repay such payment if he shall be adjudicated to be not entitled to indemnification under Section 8 of the Massachusetts Limited Liability Company Act, which undertaking may be accepted without reference to the financial ability of the person to make repayment. Notwithstanding the foregoing,no indemnification shall be provided for any person with respect to matter as to which he shall have been sP any adjudicated in any proceeding not to have acted in good faith in the reasonable belief that his action was in the best interest of the limited liability company. 8. Execution of Documents: Thomas D.Laudani,Louis P.Minicucci,Jr.and Robert W.Levy,acting singly,are each authorized to execute any document to be filed with the Secretary of the Commonwealth of Massachusetts. 9. Execution of Documents Relating to Real Property: Thomas D.Laudani and Louis P.Minicucci,Jr.,acting singly,are each authorized to execute,acknowledge,deliver and record any recordable instrument on behalf of the LLC purporting to affect an interest in real property,whether to be recorded with a registry of deeds or a district office of the Land Court. IN WITNESS WHEREOF,the undersigned,being an authorized person for purposes of Section 12 of the Massachusetts Limited Liability Company Act,hereby affums,under penalties of perjury,that the facts stated herein are true,this 8`s day of July,2004. Robert W.Levy,Authorized Person {K0284357.1) Check # Z;� -771 y The Commonwealth of Massachusetts Limited Liability Company (General Laws, Chapter 156C) Filed this �'J'f da y of 2004. w 'JUL -8 1004 890523 SECRZrARY OPTIM COMMONWEALTH � CORPORATIONSD1MoX ► ' � a o _.t ZDo WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH 3 PC- Phone C-Phone r COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200 DEVAL L.PATRICK IAN A.BOWLES Governor Secretary TIMOTHY P.MURRAY LAURIE BURT Lieutenant Governor Commissioner August 7, 2008 Michael Carey 69 Oakes Drive North Andover,Massachusetts 01845 RECEIVED Re:TITLE 5 VARIANCE REQUEST Application For: BRPWP59b AUG 1 1 2008 69 Oakes Drive, North Andover (17- Ipswich) MassDEP Transmittal No.X223552 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Dear Mr. Carey: Your application and the correct payment for the Title 5 variance requested listed above have been received and a start date of July 25, 2008 has been established. In accordance with 310 CMR 4.04 and 310 CMR 15.412(2) the Northeast Regional Office of the Massachusetts Department of Environmental Protection("MassDEP") has 30 days to perform its review and either request additional information or issue a decision to grant or deny the application. If MassDEP does not act on your application within these 30 days, our variance request shall be Y � Y q considered presumptively approved on August 24, 2008, in accordance with 310 CMR 15.412(3)and work may commence. In the event your application is presumptively approved, you are not entitled to a refund of the application fee. If you have any questions regarding your application, please contact me at (617) 654-6516. Very truly yours, Claire A. Golden Environmental Engineer IV Watershed Permitting Program. Bureau of Resource Protection cc: . Susan Sawyer, Director,Public Health Department, 1600 Osgood St,Bldg 20,Suite 2-36,North Andover,MA 01845 • Benjamin C.Osgood,Jr.,PE,New England Engineering Services,Inc., 1600 Osgood St,Bldg 20,Suite 2-64,North Andover,MA 01845 "Chis information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD#866-539-7622 or 617-574-6868. http://www.mass.gov/dep•Fax(978)694-3499 �a Printed on Recycled Paper `- Groundwater - ` , & Environmental Services, Inc. 364 Littleton Road•Suite 4•Westford, Massachusetts 01886•(978)392-0090•Fax(978)392-8583 � I August 8, 2008 Certified Mail No. 70067ini �-� Dn Y E Mr. Mark Rees Town Manager 2008 ! � E Town Managers Office 120 Main Street � ' North Andover Massachusetts 01845 h't�T� AVi1C1I�o Dear Mr. Rees: The purpose of this letter is to inform you that an Activity and Use Limitation (AUL), a copy of which is enclosed, will be filed at the Massachusetts Department of Environmental Protection (MADEP). The AUL affects the entire property located at 498 Chickering Road in North Andover, Massachusetts. It 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 residually impacted soil located on the subject property. The AUL identifies those activities and uses which 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. A Notice of an Activity and Use Luanitation legal notice, a copy of which is enclosed, ,Mll be published in the Lcmrence Eagle Tribune during the week of August 11, 2008. 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 the undersigned at (800) 221-6119. Sincerely, GROUNDWATER AND ENVIRONMENTAL SERVICES, INC. David Martin Steven D. Charron, LSP Associate Geologist Senior Project Manager Cc: MADEP Northeast Regional office i Attachments: Activity and Use Limitation(MADEP Form 1075) Notice of an Activity and Use Limitation Environmental Solutions and Liability Management i I 07-23-2003 a �2 �9 33P Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Former Mobil Service Station No. 01-420, 498 Chickering Road, North Andover, Massachusetts DEP Release Tracking No.(s): 3-3454, 3-26053 and 3-26327 )� This Notice of Activity and Use Limitation("Notice")is made as of this f_r+�day of July, 2008 by Chestnut Realty Development,LLC.,231 Sutton Street,Suite 1-B,North Andover,Massachusetts 01845,together with their successors and assigns(collectively"Owner"). WITNESSETH: WHEREAS, Chestnut Realty Development, LLC. is the owner in fee simple of that certain parcel of land located in North Andover,Essex County,Massachusetts,with the buildings and improvements thereon,pursuant to a deed recorded with the Essex County North Registry of Deeds in Book 10567,Page 58; WHEREAS, said parcel(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 County North Registry of Deeds as Plan No. 15707. WHEREAS,the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship 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 boundaries have been established. Exhibit B is attached hereto and made a part hereof, and AUL-498 Chickering Road Pagel of 5 North Andover,Massachusetts 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable,obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set t forth in the AUL Opinion shall include the following: (i) Soil from the AUL area that is excavated at a future date and not backfilled,and/or is proposed for removal from the property, must be managed under the direction of an LSP in accordance with applicable state and federal requirements under a site-specific Soil Management Plan and/or Groundwater Management Plan,Health& Safety Plan, and in accordance with local by-laws. No other obligations or conditions for use are required as long as the property is not developed for residential, educational, institutional or agricultural use. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether t hew'ro osed changes p p g ill present a significant risk of harm 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 harm 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 etseq.,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 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 under seal by the undersigned LSP,and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). AUL-498 Chickering Road Page 3 of 5 North Andover,Massachusetts I I The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date:---Yh Jo Steven D. Charron,LSP c STEVEN �. Seal: v D. CHARRON r No. 7303 COMMONWEALTH OF MASSACHUSETTS i 1 �jD PSCC' , ss 3 29ff7 r On thisday of April 2008,before me,the undersigned notary public,personally appeared Steven D. Charron,proved to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or a ached document,and acknowledged to me that he signed it voluntarily for its stated purpose. (official signature and seal of notary) ��SSO n��OSOS Upon recording,return to: Steven D. Charron GES,Inc. 363 Littleton Road, Suite 4 Westford,Massachusetts 01886 AUL-498 Chickering Road Page 5 of 5 North Andover Massachusetts i EXHIBIT B �I T EM571NG EDGE OF PAYf1/Mr FRANKLIN STREET 50'NIDE ` AAYO?�1r LO A N/F BARRY A. 40 AND ROSEMARY o.72 a R BRODETTE � I 4: 19 At cA A u L/m/ AAO PL ED E RE PROPERTY BOUNDARY LO AND AREA SUBJECT TO ACfMiY AND USE UMMATKIN SrrE BOUNDARY FFl DRAFTED ACTIVITY AND USE LIMITATION W.G.S.G (N.J.) SKETCH PLAN CHECKED BY: FORMER MOBIL SERVICE STATION #11776 (01-420) REVIEWED BY: 498 CHICKERING ROAD � NORTH ANDOVER, MASSACHUSETTS ems: �C.. PIAN MODIFIED FROM ACTNNY AND USE UMIrAiWN NORTH Groundwater&Environmental Services,Inc. PLAN" PREPARED BY HANCOCK ASSOCIATES ON 364 LlTTLETON ROAD SUITE 4 WESTFORD, MA 01886 FEBRUARY 11, 2007. SCALE IN FEET DATE FIGURE ENTIRE PROPERTY IS SUBJECT TO ACT1Vf1Y AND USE UMMATION. 0 4-11-07 0 50 I Y of the site. No known private water supply wells exist in the vicinity of the site. The service station building, while active, was reportedly serviced by municipal sewer and water. Surface water bodies were not identified within 500 feet of the site. Similarly, no Areas of Critical Environmental Concern (ACEC), estimated habitats of rare wetlands wildlife, or certified vernal pools, as identified by the Natural Heritage Endangered Species Program (NHESP), are located within 1,000 feet of the site. The nearest mapped surface water bodies are two unnamed brooks located approximately 750 feet and 1,500 feet east and northeast of the site, respectively. These brooks flow towards Stevens Pond, wluch is located approximately 2,200 feet east of the site. �I Groundwater at the site is classified as GW-2 and/or GW-3, since the site is not located within a Current and/or Potential Drinking Water Source Area, the average depth of groundwater is less than 15 feet below grade, and impacted groundwater on a portion of the site is located within 30 feet of the existing service station building. Soil at the site is classified as S-2 and/or S-3, since frequency of use by adults and children is high, the intensity of use is low, and the impacted soil is potentially accessible. Site Histo and Summary ry of Environmental Invest>«at><ons The subject property was reportedly owned and operated as a gasoline service station by the Arsenault family from circa 1932 to 1969. Mobil Oil Corporation (Mobil) became the property lessee circa 1969 and operated a gasoline service station at the site until August 2004. The property was purchased by ExxonMobil Oil Corporation (ExxonMobil) circa 2003. The subject property has been vacant since August 2004. Environmental assessment and/or remedial activities were initiated at the site in 1986 following the replacement of gasoline USTs installed in 1971. Three fiberglass-lined steel USTs were removed from the site and replaced in November 1986. Petroleum-impacted soil was reportedly encountered within the tank excavation, and the findings were reported to the MADEP in November 1986. Impacted soil was then reportedly removed from the excavation. Post excavation soil samples were screened for volatile organic compounds (VOCs), with the screening results indicating that impacts were limited due to the presence of a clay/silt layer observed at the edges of the excavation. Based on a March 23, 1987 MADEP Memo, no further action was deemed necessary by MADEP at the site following completion of tank replacement activities. In April 1990, Hydro-Environmental Technologies, Inc. (HETI) completed a 21E Environmental Site Assessment .for the Mobil property. The assessment was initiated due to the above- mentioned detection of impacted soil during the UST replacement activities in November 1986. Analytical data collected indicated that petroleum impacts were primarily resent in the eastern p P YP side of the dispenser island in the groundwater saturated zone at depths ranging from GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 2 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 i y petroleum-impacted soil that had previously been identified around the southern and eastern perimeters of the dispenser island area. In July 2006, GES observed a series of source removal and soil excavation activities at the site. The excavations were performed by CYN Environmental Services (CYN) of Stoughton, Massachusetts. Equipment and materials removed during the completion of these activities included: two 10,000-gallon fiberglass gasoline USTs and one 12,000-gallon fiberglass gasoline UST; four gasoline dispensers and associated product piping; a 550-gallon fiberglass fuel oil UST; a 550-gallon fiberglass waste oil UST; an oil/water g g separator and the 200 gallons of liquid/sludge within; three hydraulic lifts from the former automotive service bay area; and approximately 900 cubic yards of impacted soil, as determined by photo-ionization detector (PID)readings and visual/olfactory observations at the time of the RAM activities. Post-excavation soil analytical results collected from the waste oil UST and oil/water separator grave identified the presence of select metals in soils at concentrations above RCS-1 Reportable Concentrations (samples collected from four to eight feet below grade). The metal exceedances of RCS4 Reportable Concentrations represented a 120 day reporting condition. A Release Notification Form (RNF) was submitted to MADEP with the RAM Completion report. MADEP assigned RTN 3-26327 for this notification. Also during the excavations, PID readings of greater than 100 parts per-million by volume (ppmv) were recorded for soil samples collected from within ten feet of the gasoline USTs. MADEP was notified of the 72-hour reporting condition on July 13, 2006, and RTN 3-26053 was assigned. An IRA Completion was filed for RTN 3-26053 in September 2006. Both RTN 3-26053 (IRA condition) and 3-26327 (metals in soil) have not been linked to the main site number (3-3454) because of the Class C RAO site status whichrohibits the linking of P g additional RTNs. In October 2006, Geosearch, Inc. of Fitchburg, Massachusetts advanced six soil borings at the Mobil property under GES supervision. Monitoring wells were constructed in five of the borings g to replace monitoring wells destroyed by the construction activities and to assess areas of limited impact identified during the RAM activities (former fuel oil UST grave, former waste oil UST grave and former oil/water separator area). GES subsequently collected groundwater data from the site monitoring network to assess post-excavation conditions in support of the closure risk assessment. A Method 3 Risk Characterization was performed in the summer of 2007 using analytical data collected at the site to assess current environmental conditions in support of the pending Class A- 3 RAO. The report concluded uded that a condition of No Significant Risk has been achieved for groundwater water (mcluding vapor intrusion into indoor air) at the site and through implementation of an AUL limiting unrestricted land use, a condition of No Significant Risk has also been achieved for site soils. As such, the use of an AUL is appropriate to achieve and maintain a level of No GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 4 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 i (ii) Excavation, stockpiling and off-site disposal of soil without LSP supervision, and if appropriate, without a valid Soil Management and/or Groundwater Management Plan. Obligations and Conditions (i) Soil from the AUL area, if excavated at a future date and not backfilled and/or is proposed for removal from the property, must be managed under the direction of an LSP in accordance with applicable state and federal requirements under a site- specific Soil Management Plan and/or Groundwater Management Plan, Health & Safety Plan, and in accordance with local by-laws. (ii) No other obligations or conditions for use are required as long as the property is not developed for residential, educational or institutional use. LSP: Steven D. Charron, #7303 Date: ��/3 �dc� GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 6 of 6 Former Mobil Station No. 11776(Formerly 01-420),Nordi Andover,MA AUL Opinion 04/03/2008 Massachusetts Department of Environmental Protection u Bureau of Waste Site Cleanup B1dVSC1 13A �p Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM ;3454 Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) _.._........_._... ........ .. D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and (3),and 309 CMR4.03(2), and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge, information and belief, if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation,or a Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)is being provided in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and (ii)complies with 310 CMR 40.1085(4); I am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete. 1. LSP#: ;7303 2. First Name: :STEVEN D 3. Last Name: CHARRON 4. Telephone: ;(800) 221-6119 5. Ext.: 6. FAX: 7. Signature: I 8. Date: mm/dd/yyyy 9. LSP Stamp: rr� . �.� Fss� STEVEN 4 a D CHARRON Y13 No. 7303 e EPR Revised:06/27/2003 Page 2 of 2 i I Cheek # The Commonwealth of Massachusetts Limited Liability Company (General Laws, Chapter 156C) Filed this 't[ day of 2004. FILI 'JUL -8 1004 894523 SECRnARYCVMMAMMAL S CORPORATIONS DIDISION W ► <. ) a- WILLIAM FRANCIS GALVIN JJ=- -� ;SECRETARY OF THE COMMONWEALTH 12c- c r Ar— A Phone A Groundwater Com- V18 0116 1 ,/ & Environmental Services, Inc. 364 Littleton Road•Suite 4•Westford,Massachusetts 01886•(978)392-0090•Fax(978)392-8583 August 8, 2008 Certified Mail leo. 70067Gni 7i$8 {t Mr. Mark Rees, Town Manager � i i 2008 Town Managers Office 1 T20 Main Street North Andover Massachusetts 01845 hiow i t'Xrj1'E ONFI:E OF Dear Mr. Rees: The purpose of this letter is to inform you that an Activity and Use Limitation (AUL), a copy of which is enclosed, will be filed at the Massachusetts Department of Environmental Protection (MADEP). The AUL affects the entire property located at 498 Chickering Road in North Andover, Massachusetts. It 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 residually impacted soil located on the subject property. The AUL identifies those activities and uses which 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. A Notice of an Activity and Use Limitation legal notice, a copy of which is enclosed, will be published in the Lcnvrence Eagle Tribune during the week of August 11, 2008. 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 the undersigned at (800) 221-6119. Sincerely, GROUNDWATER AND ENVIRONMENTAL SERVICES, INC. David Martin Steven D. Charron, LSP Associate Geologist Senior Project Manager Cc: MADEP Northeast Regional office Attachments: Activity and Use Limitation(MADEP Form 1075) Notice of an Activity and Use Limitation Environmental Solutions and Liability Management NOTICE OF AN ACTIVITY AND USE LIMITATION Former Mobil Station No. 11776(formerly 01-420) 498 Chickering Road,North Andover,MA 01845 MADEP Site No. 3-3454 MADEP RTN's 3-26053 and 3-26327 Pursuant to the Massachusetts Contingency Plan (MCP) 310 CMR 40.1074, a NOTICE OF ACTIVITY AND USE LIMITATION (AUL) for the above disposal site has been recorded and/or registered with the Essex North Registry of Deeds on July 23,2008. Permitted activities and uses include those consistent with the current commercial and/or industrial uses of the property in accordance with local zoning ordinances, routine maintenance and construction activities, and activities and uses that are consistent with maintaining a condition of No Significant Risk. The NOTICE OF ACTIVITY AND USE LIMITATION will limit the following activities and uses on the above property: 1. Any development of the property within the area of the AUL for residential, educational, institutional or agricultural purposes that would result in the likely exposures associated with these activities and uses including dermal contact, ingestion and inhalation; and 2. Excavation, stockpiling and off-site disposal of soil without Licensed Site Professional (LSP) supervision, and if appropriate, without a valid Soil Management and/or Groundwater Management Plan. The following obligations and conditions are set forth in the NOTICE OF ACTIVITY AND USE LIMITATION: (i) Soil from the AUL area that is excavated at a future date and not backfilled and/or soil that is proposed for removal from the property must be managed under the direction of a LSP in accordance with applicable MCP and federal requirements under a site-specific Soil Management and/or Groundwater Management Plan, Health & Safety Plan, and in accordance with local by-laws; and (ii) No other obligations or conditions for use are required as long as the property is not developed for residential, educational, institutional or agricultural use. Any person interested in obtaining additional information or reviewing the NOTICE OF ACTIVITY AND USE LIMITATION and the disposal site file may contact Ms. Regan O'Brien of ExxonMobil Environmental Services Company, PO Box 18, 80 Boston Road, Groton, Massachusetts 01450, (978)272-1048. Bk 11260 Ps297 -8-r19498 07-23-2003 a 02933P Form 1075 i NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Former Mobil Service Station No. 01-420, 498 Chickering Road, North Andover, Massachusetts DEP Release Tracking No.(s): 3-3454, 3-26053 and 3-26327 This Notice of Activity and Use Limitation("Notice")is made as of this�day of July, 2008 by Chestnut Realty Development,LLC.,231 Sutton Street,Suite 1-B,North Andover,Massachusetts 01845,together with their successors and assigns(collectively"Owner"). WITNESSETH: WHEREAS, Chestnut Realty Development, LLC. is the owner in fee simple of that certain parcel of land located in North Andover,Essex County,Massachusetts with the buildings and improvements thereon,pursuant to a deed recorded with the Essex County North Registry of Deeds in Book 10567,Page 58; WHEREAS said parcel(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 County North Registry of Deeds as Plan No. 15707. WHEREAS,the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship 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 boundaries have been established. Exhibit B is attached hereto and made a part hereof; and AUL-498 Chickering Road Pagel of 5 North Andover,Massachusetts WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L.c.21E("Chapter 21E")and the Massachusetts Contingency Plan,310 CMR 40.0000 ("MCP"). Said response actions are based upon(a) the restriction of human access to and contact with oil and/or hazardous material in soil and groundwater and/or(b)the restriction of certain activities occurring in, on,through, over or under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"),dated April 3,2008(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 ofNo 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 Property: (i) Commercial and/or industrial uses of the Property and activities consistent therewith which do not involve the development of the property for residential, educational, institutional or agricultural purposes; (ii) Routine maintenance and construction activities; (iii) Activities and uses which are not identified in the Opinion of a Licensed Site Professional(LSP) as being inconsistent with maintaining a condition of No Significant Risk; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health,safety,public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses as permitted by local Zoning Ordinances with the exception of uses not identified in Paragraph 2 as being 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 Notice of Activity and Use Limitation,and which,if implemented at the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Any development of the Property for residential, educational, institutional or agricultural purposes that would result in the likely exposures to site soil associated with these activities and uses including dermal contact, ingestion and inhalation; and (ii) Excavation,stockpiling and off-site disposal of soil without LSP supervision,and if appropriate, without a valid Soil Management Plan and/or Groundwater Management Plan. AUL-498 Chickering Road Page 2 of 5 North Andover,Massachusetts 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable,obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) Soil from the AUL area that is excavated at a future date and not backfilled,and/or is proposed for removal from the property, must be managed under the direction of an LSP in accordance with applicable state and federal requirements under a site-specific Soil Management Plan and/or Groundwater Management Plan,Health& Safety Plan, and in accordance with local by-laws. (ii) No other obligations or conditions for use are required as long as the property is not developed for residential, educational, institutional or agricultural use. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., 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 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 harm 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 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 under seal by the undersigned LSP,and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). AUL-498 Chickering Road Page 3 of 5 North Andover,Massachusetts Ilk WITNESS the execution hereof under seal this day of ,2008. r r � Louis Minicuc i Jr. Chestnut Real Develop ,LLC Manager COMMONWEALTH OF MASSACHUSETTS GSSM��ss R J 2009 On this��day of April,2008,before me,the undersigned notary public,personally appeared , Louis Minicucci Jr.,proved to me through satisfactory evidence of identification,which were M_A N iIJ,C C , to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. (as manager for Chestnut Realty Development, LLC, a corporation) ///•WUW44f— (official signature and seal of notary) sy>ke� ,v►. MaHCt-yso AUL-498 Chickering Road Page 4 of 5 North Andover,Massachusetts The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date L0 i. OF Steven D. Charron, LSP Q�yA s9c�G STEVEN e"I Seal: v° 0. cHA,RRON No. 7,,,03 1 '14. COMMONWEALTH OF MASSACHUSETTS �l e-Y 'ss 3 9W On this ,r ' day of April 2008,before me,the undersigned notary public,personally appeared Steven D. Charron, prove//d to me through satisfactory evidence of identification, which were to be the.person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. i (official signature and seal of notary) Upon recording,return to: Steven D. Charron GES, Inc. 363 Littleton Road, Suite 4 Westford,Massachusetts 01886 AUL-498 Chickering Road Page 5 of 5 North Andover,Massachusetts EXHIBIT A METES AND BOUNDS DESCRIPTION OF THE RESTRICTED AREA SPECIFICALLY SUBJECT TO THE NOTICE OF ACTIVITY AND USE LIMITATION (AUL) Being a parcel of land located at 498 Chickering Road, North Andover, Essex County, Massachusetts, bounded and described as follows: Starting at a drill hole in a stone bound at the intersection of the easterly side of Allen Street and the southerly side of Franklin Street,then running N 88°46' 25"E along the southerly sideline of Franklin Street one hundred eighty and no hundredths feet (180.00') to the point of beginning at the northwesterly corner of the AUL area, thence; N 88° 46' 25"E along the southerly sideline of Franklin Street one hundred fifty-eight and forty-two hundredths feet(158.42')to the northwesterly sideline of Chickering Road, a/k/a Rte. 125/133, thence; S 27° 30' 45"W along the northwesterly sideline of Chickering Road two hundred fifty- one and twelve hundredths feet(251.12')to the northerly sideline of Park Street, thence; N 71° 33' 19"W along the northerly sideline of Park Street ninety-six and ninety-nine hundredths feet (96.99')to an angle point, thence; N 77° 26' 05"W along the northerly sideline of Park Street twenty-seven and six hundredths feet (27.06')to a corner, thence; N O1° 14' 22"W one hundred thirteen and seventy-nine hundredths feet (113.79') to a corner, thence; S 77° 02' 48"E sixty-two and thirty-one hundredths feet(62.31') to a comer, thence; N 12° 05' 34"E eighty-four and eighty-four hundredths feet (84.84'), the last three courses all by land now or formerly of Barry A. and Rosemary Brodette, to the point of beginning. Being the entirety of Lot A as shown on a plan entitled, "Notice of Activity and Use Limitation Plan", dated 2-06-07, revised 2-11-07, prepared for Groundwater and Environmental Services, Inc. by Hancock Associates, Civil Engineers, Land Surveyors, Landscape Architects and Environmental Consultants, containing 31,425 square feet, 0.72 acres. Said plan recorded on June 6, 2007 as document#15707. EXHIDIT B EMS7pVG EDGE' � OF PA H300'FRANKLIN STREET � 50'WOE t , Aw11M�9� LO A N/F'BARRY A. 1 AND ROSEMARY 0.72a BRODET7F �1 C77 A U L/Ml A 170 PL ED E RE PROPERTY BOUNDARY AND AREA LO ACTIVITY AND SUBJECT TO USE LWATION P,qR�s�TET SITE BOUNDARY DRAFTEDW.G.S. CTIVITY AND USE LIMITATION cs (N.J.) SKETCH PLAN CHECKED BY: 3"e— FORMER MOBIL SERVICE STATION #11776 (01-420) 498 CHICKERING ROAD R AL UY: NORTH ANDOVER, MASSACHUSETTS PLAN MODIFIED FROM 'ACTIVITY AND USE UAUTATWN NORTH Groundwater&Environmental Services,Inc. PLAN' PREPARED BY HANCOCK ASSOCIATM ON 364 LMIHON ROAD SUITE 4 WESTFORD, MA 01886 FEBRUARY 11, 2007. SCALE IN FEET DATE FIGURE ENTIRE PROPERTY IS SUBJECT TO ACTIVITY AND USE IMITATION. Ngiiiiiiiij 4-11-07 0 50 EXHIBIT C Activity and Use Limitation Opinion Former Mobil Station No. 11776 (formerly 01-420) 498 Chickering Road North Andover, Massachusetts MADEP Site No. 3-3454 MADEP RTNs 3-26053 and 3-26327 In accordance with the requirements of the Massachusetts Contingency Plan (MCP) 310 CMR 40.1074, this Activity and Use Limitation (AUL) Opinion has been prepared by Groundwater & Environmental Services, Inc. (GES) for the parcel of land located at 498 Chickering Road in North Andover, Essex County, Massachusetts and owned by Chestnut Realty Trust. Site Description The subject property (site) is located at 498 Chickering Road (Route 125/133) in North Andover, Massachusetts, at the intersection of Chickering Road and Park Street. A vacant former gasoline service station building is situated on the western portion of the site, facing Chickering Road. Prior to station closure, the building housed a cashier's office, restrooms, storage area, and three automotive service bays. Other developments on the vacant property include a canopy located between the former service station building and Chickering Road. No known underground storage tanks (USTs) or associated piping and dispensers are currently located at the site. Approximately 90% of the property is covered with pavement or developed with the service station building. The remainder of the property is improved with landscaped areas located along the perimeter of the site, which are covered with bark mulch and/or grass. Wooded areas are located along the northern and the western edges of the site. The site is situated in an area of North Andover with a General Business District zoning designation. Properties in the area are used for commercial or residential purposes. The North Andover Middle School is located to the south of the site, approximately 250 feet in a topographically and hydraulically upgradient direction. No other sensitive land uses such as nursing homes or daycare facilities are located in the immediate vicinity of the site (approximately 500 feet). The site is not located within the boundaries of a Zone II of a public water supply, a potentially productive aquifer (PPA), an Interim Wellhead Protection Area, or Zone A of a Class A surface water body. The nearest mapped public water supply to the site is Lake Cochichewick, located approximately 4,100 feet east and 5,700 feet northeast of the site. The nearest portion of a Watershed Protection District surrounding Lake Cochichewick is approximately 4,000 feet east GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page I of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 of the site. No known private water supply wells exist in the vicinity of the site. The service station building, while active, was reportedly serviced by municipal sewer and water. Surface water bodies were not identified within 500 feet of the site. Similarly, no Areas of Critical Environmental Concern (ACEC), estimated habitats of rare wetlands wildlife, or certified vernal pools, as identified by the Natural Heritage Endangered Species Program (NHESP), are located within 1,000 feet of the site. The nearest mapped surface water bodies are two unnamed brooks located approximately 750 feet and 1,500 feet east and northeast of the site, respectively. These brooks flow towards Stevens Pond, wluch is located approximately 2,200 feet east of the site. Groundwater at the site is classified as GW-2 and/or GW-3, since the site is not located within a Current and/or Potential Drinking Water Source Area, the average depth of groundwater is less than 15 feet below grade, and impacted groundwater on a portion of the site is located within 30 feet of the existing service station building. Soil at the site is classified as S-2 and/or S-3, since frequency of use by adults and children is high, the intensity of use is low, and the impacted soil is potentially accessible. Site History and Summary of Environmental Investigations The subject property was reportedly owned and operated as a gasoline service station by the Arsenault family from circa 1932 to 1969. Mobil Oil Corporation (Mobil) became the property lessee circa 1969 and operated a gasoline service station at the site until August 2004. The property was purchased by ExxonMobil Oil Corporation (ExxonMobil) circa 2003. The subject property has been vacant since August 2004. Environmental assessment and/or remedial activities were initiated at the site in 1986 following the replacement of gasoline USTs installed in 1971. Three fiberglass-lined steel USTs were removed from the site and replaced in November 1986. Petroleum-impacted soil was reportedly P Y encountered within the tank excavation, and the findings were reported to the MADEP in November 1986. Impacted soil was then reportedly removed from the excavation. Post excavation soil samples were screened for volatile organic compounds (VOCs), with the screening results indicating that impacts were limited due to the presence of a clay/silt layer observed at the edges of the excavation. Based on a March 23 1987 MADEP Memo further g , no action was deemed necessary by MADEP at the site following completion of tank replacement activities. In April 1990, Hydro-Environmental Technologies, Inc. (HETI) completed a 21E Environmental Site Assessment for the Mobil property. The assessment was initiated due to the above- mentioned detection of impacted soil during the UST replacement activities in November 1986. Analytical data collected indicated that petroleum impacts were primarily present in the eastern side of the dispenser island in the groundwater saturated zone at depths ranging from GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 2 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 approximately four feet to nine feet below ground surface (bgs). This information was reported to MADEP, and the site was assigned RTN 3-3454. The site was listed as a Location to be Investigated (LTBI) in January 1991. During tank-pad well gauging activities conducted by HETI in September 1991, non-aqueous phase liquid (NAPL) described as "viscous oil" was noted in the waste oil tank pad monitoring wells. Due to the viscosity of the oil, the probe sensor was unable to obtain an accurate measure of the product thickness. Subsequently, Service Station Maintenance, Inc. (SSM) of Worcester, Massachusetts purged and disposed of approximately 375 gallons of groundwater and oil from the waste oil and gasoline tank-pad wells. NAPL gauging and bailing was reportedly performed from these two tank-pad monitoring wells until December 1991. On February 22, 1993, approximately 160 gallons of No. 2 Riel oil were mistakenly pumped into the former tank-pad monitoring well located north and adjacent to the fill pipe of the fuel oil UST. Clean Harbors, Inc. of Braintree, Massachusetts (Clean Harbors) reportedly recovered approximately 150 gallons of fuel released as a result of the incident. No additional response actions were reportedly performed since groundwater monitoring was on-going as part of response actions under RTN 3-3454. A "Threat of Release" 72-hour notification was made to the MADEP on March 29, 1994 due to the detection of water in the special grade gasoline UST. The new reporting condition was assigned RTN 3-10816. Further investigation indicated that one of the Stage II vapor recovery lines was damaged, which allowed water to come into the line and consequently into the tank. As further described in the June 1994 Class A RAO associated with RTN 3-10816, it was determined that despite a crack in the vapor recovery system, no release of gasoline had occurred and therefore no further response action was necessary. A Phase II Comprehensive Site Assessment(CSA) was completed by GES for main Site Number 3-3454 in September 1998. In June 1999, GES submitted a Phase III Remedial Action Plan (RAP) which proposed natural attenuation as the selected preferred remedial alternative to address petroleum-impacted groundwater. A Class C RAO was submitted to MADEP concurrently with the Phase III report. Groundwater monitoring and soil vapor screening under the Class C RAO has been performed at least semi-annually since 1999 and annually since 2001, respectively. The soil vapor screening results from points installed adjacent to the former service station building have not indicated the presence of VOCs levels above MADEP action levels requiring an evaluation of indoor air quality. Post Class C RAO Inspection and Monitoring Reports have been submitted to MADEP every six months since June 1999. In June 2006, GES filed a Release Abatement Measure (RAM) Plan with MADEP for the management of any petroleum-impacted soil encountered during removal of site USTs, piping, hydraulic lifts and an oil/water separator as part of station divestment activities being conducted by ExxonMobil. In addition, the RAM Plan proposed the over-excavation of an area of residual GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 3 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 y petroleum-impacted soil that had previously been identified around the southern and eastern perimeters of the dispenser island area. In July 2006, GES observed a series of source removal and soil excavation activities at the site. The excavations were performed by CYN Environmental Services (CYN) of Stoughton, Massachusetts. Equipment and materials removed during the completion of these activities included: two 10,000-gallon fiberglass gasoline USTs and one 12,000-gallon fiberglass gasoline UST; four gasoline dispensers and associated product piping; a 550-gallon fiberglass fuel oil UST; a 550-gallon fiberglass waste oil UST; an oil/water separator and the 200 gallons of liquid/sludge within; three hydraulic lifts from the former automotive service bay area; and approkimately 900 cubic yards of impacted soil, as determined by photo-ionization detector (PID) readings and visual/olfactory observations at the time of the RAM activities. Post-excavation soil analytical results collected from the waste oil UST and oil/water separator grave identified the presence of select metals in soils at concentrations above RCS-1 Reportable Concentrations (samples collected from four to eight feet below grade). The metal exceedances of RCS-1 Reportable Concentrations represented a 120 day reporting condition. A Release Notification Form (RNF) was submitted to MADEP with the RAM Completion report. MADEP assigned RTN 3-26327 for this notification. Also during the excavations, PID readings of greater than 100 parts per-million by volume (ppmv) were recorded for soil samples collected from within ten feet of the gasoline USTs. MADEP was notified of the 72-hour reporting condition on July 13, 2006, and RTN 3-26053 was assigned. An IRA Completion was filed for RTN 3-26053 in September 2006. Both RTN 3-26053 (IRA condition) and 3-26327 (metals in soil) have not been linked to the main site number (3-3454) because of the Class C RAO site status which prohibits the linking of additional RTNs. In October 2006, Geosearch, Inc. of Fitchburg, Massachusetts advanced six soil borings at the Mobil property under GES supervision. Monitoring wells were constructed in five of the borings to replace monitoring wells destroyed by the construction activities and to assess areas of limited impact identified during the RAM activities (former fuel oil UST grave, former waste oil UST grave and former oil/water separator area). GES subsequently collected groundwater data from the site monitoring network to assess post-excavation conditions in support of the closure risk assessment. A Method 3 Risk Characterization was performed in the summer of 2007 using analytical data collected at the site to assess current environmental conditions in support of the pending Class A- 3 RAO. The report concluded that a condition of No Significant Risk has been achieved for groundwater (including vapor intrusion into indoor air) at the site and through implementation of an AUL limiting unrestricted land use, a condition of No Significant Risk has also been achieved for site soils. As such, the use of an AUL is appropriate to achieve and maintain a level of No GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 4 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 Significant Risk for a Class A RAO. The Method 3 Risk Characterization will be submitted to the MADEP as part of the Class A-3 RAO Statement. Reason for Activity and Use Limitation Based on a review of current site conditions and analytical data collected to date, a condition of No Significant Risk is anticipated to exist for activities and uses consistent with the current business zoning of the property, and for routine maintenance, underground utility and/or construction activities. However, residual metal and gasoline-related soil impacts exist at depth at the site at concentrations that represent a Significant Risk under unrestricted land use. As such, an AUL is necessary to limit potential exposures associated with unrestricted use and development of the property. Permitted Activities and Uses Consistent with the AUL Opinion (i) Commercial and/or industrial uses of the property and activities consistent therewith which do not involve the development of the property for residential, educational, institutional or agricultural purposes; (ii) Routine maintenance and construction activities; (iii) Activities and uses which are not identified in the Opinion of an Licensed Site Professional (LSP) as being inconsistent with maintaining a condition of No Significant Risk; (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 section; and (v) Such other activities and uses as permitted by local Zoning Ordinances with the exception of uses identified as being Activities and Uses Inconsistent with the AUL. Restricted Uses and Activities Inconsistent with the AUL Opinion (i) Any development of the subject property for residential, educational, institutional or agricultural purposes that would result in the likely exposures to site soil associated with these activities and uses including dermal contact, ingestion and inhalation; and GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 5 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 (ii) Excavation, stockpiling and off-site disposal of soil without LSP supervision, and if appropriate, without a valid Soil Management and/or Groundwater Management Plan. Obligations and Conditions (i) Soil from the AUL area, if excavated at a future date and not backfilled and/or is proposed for removal from the property, must be managed under the direction of an LSP in accordance with applicable state and federal requirements under a site- specific Soil Management Plan and/or Groundwater Management Plan, Health & Safety Plan, and in accordance with local by-laws. (ii) No other obligations or conditions for use are required as long as the property is not developed for residential, educational or institutional use. LSP: Steven D. Charron, #7303 Date: �� 3 /Oc GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 6 of 6 Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA AUL Opinion 04/03/2008 assaC U NI h setts Department of Environmental Protection , Bureau of Waste Site Cleanup B1lVSC113A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 3454 3 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: ;FMR MOBIL SERVICE STATION 01-420 2. Street Address: 498 CHICKERING RD � ✓�� ' 3. City/Town: NORTH ANDOVER j 4. ZIP Code- !01845-0000 B. THIS FORM IS BEING USED TO: (check one) ✓! 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. { 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4). 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3). 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR L 40.1083(1)(d). 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. j } 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3). 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(2). 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c). 1 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation, pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? Zi a. No 7; b. Yes If yes,then fill out address section below. r 2. Street Address: ................... -f 3. City/Town: l _ _ 4. ZIP Code: Revised:06/27/2003 Page 1 of 2 ` V Groundwater & Environmental Services, Inc. 364 Littleton Road•Suite 4•Westford,Massachusetts 01886•(978)392-0090•Fax(978)392-8583 July 12,2007 CERTIFIED MAIL NO.7006 2760 0004 7326 4000 Mr. Thomas Trowbridge,Chairman North Andover Board of Health 1600 Osgood Street RECEIVED I Building 20; Suite 2-36 North Andover,MA 01845 JUL 2 3 2007 Re: ' Class C-2 Response Action Outcome TOWN OF FARTMW R Former Mobil Service Station No. 17776(01420) 498 Chickering Road North Andover,MA 01845 MADEP Site Number 3-3454 Dear Mr.Trowbridge: On behalf of Exxon Mobil Corporation (ExxonMobil), Groundwater & Environmental Services, Inc. (GES) is informing you that a Class C-2 Response Action Outcome (RAO) has been completed for the above-referenced property. This report has been submitted to the Massachusetts Department of Environmental Protection(MADEP)Northeast Regional Office,located in Wilmington,Massachusetts. If you have any questions regarding this submittal or would like to obtain a full copy of the report,please contact the undersigned at(978) 392-0090. Sincerely, GROUNDWATER &ENVIRONMENTAL SERVICES,INC. M'Jocl Walcott, LIT SLc vcn D. C,harron,P.G.,LSP Project Engineer Senior Project Manager cc: MADEP Northeast Regional Office Mobil File DocUTTICnt No.E13869 Environmental Solutions and Liability Management 1 Af Groundwater j & Environmental Services, Inc. 364 Littleton Road •Suite 4 •Westford, Massachusetts 01886 •(978)392-0090 •Fax(978)392-8583 September 8,2006 Susan Sawyer Director,North Andover Board of Health North Andover Board of Health SEP 112006 1600 Osgood Street North Andover,MA 01845 TOWN OF NORTH AN,)OVER HEALTH DEPART; ENT Re: Public Notification Requirement BWSC-103 Release Notification Form Submittal Former Mobil Station No. 11776 (Formerly 01-420) 498 Chickering Road North Andover, Massachusetts Site Number 3-3454 Dear Ms. Sawyer: This letter is sent to you to fulfill the public involvement provisions of the Massachusetts Contingency Plan (MCP)for the above-referenced site. The public involvement provisions [3 10 CMR 40.1403 (3)(h)] require that the Chief Municipal Officer and the Board of Health, in the community(ies) in which a disposal site is located, be notified that a Massachusetts Department of Environmental Protection (MADEP) Bureau of Waste Site Cleanup (BWSC) Transmittal Form BWSC-103 Release Notification Form(RNF)has been submitted to the MADEP for the above reference site: The RNF will be submitted to the MADEP Northeast Regional Office on September 8, 2006, and a copy has been included for your records. In addition,your department has the right to request additional Public Involvement Activities under CMR 40.1403 (9) and upon Tier Classification, if applicable, under 310 CMR 40.1404. If you have any questions regarding this submittal,please contact the undersigned at(978)392-0090. Sincerely, GROUNDWATER&ENVIRONMENTAL SERVICES,INC. ric Run trom Steven D. Charron,P.G.,LSP Staff Geologist Senior Project Manager Attachments: Copy of Transmittal Form BWSC-103 RNF cc: MADEP Northeast Regional Office Mobil file E12144 Environmental Solutions and Liability Management Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM 3❑ - 26053 _-- " Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) A. RELEASE OR THREAT OF RELEASE LOCATION: 1. Release Name/Location Aid: GASOLINE STATION 2. Street Address: 498 CHICKERING RD 3. City/Town: INORTH ANDOVER 4. ZIP Code: 01845-0000 5. UTM Coordinates: a.UTM N:14729025 b. UTM E: 326333 B. THIS FORM IS BEING USED TO: (check one) ❑✓ 1. Submit a Release Notification ® 2. Submit a Revised Release Notification ❑ 3. Submit a Retraction of a Previously Reported Notification of a release or threat of release including supporting documentation required pursuant to 310 CMR 40.0335 (Section C is not required) (All sections of this transmittal form must be filled out unless otherwise noted above) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR): 1. Date and time of Oral Notification,if applicable: 07/13/2006 1 Time: 02:50 ❑ AM a PM mm/dd/yyyy h h:mm 2. Date and time you obtained knowledge of the Release or TOR: 07/12/2006 Time: 03:30 ❑ AM ❑✓ PM mm/dd/yyyy hh:mm 3. Date and time release or TOR occurred,if known: L_ Time: ❑ AM ® PM mm/dd/yyyy h h:mm Check all Notification Thresholds that apply to the Release or Threat of Release: (for more information see 310 CMR 40.0310-40.0315) 4. 2 HOUR REPORTING CONDITIONS 5, 72 HOUR REPORTING CONDITIONS 6. 120 DAY REPORTING CONDITIONS ® a. Sudden Release a. Subsurface Non-Aqueous a. Release of Hazardous ❑ Phase Liquid(NAPL)Equal to ® Material(s)to Soil or ❑ b. Threat of Sudden Release or Greater than 1/2 Inch Groundwater Exceeding ❑ c. Oil Sheen on Surface Water b. Underground Storage Tank Reportable Concentration(s) U (UST)Release b. Release of Oil to Soil ❑ d. Poses Imminent Hazard ❑ Exceeding Reportable ® c. Threat of UST Release Concentrations e. Could Pose Imminent ( )and Affecting ® Hazard More than 2 Cubic Yards ❑ d. Release to Groundwater f. Release Detected in near Water Supply c. Release of Oil to Q Private Well f-1Groundwater Exceeding ❑ e. Release to Groundwater Reportable Concentration(s) g. Release to Storm Drain near School or Residence d. Subsurface Non-Aqueous ® h. Sanitary Sewer Release ❑ f. Substantial Release Migration Phase Liquid(NAPL)Equal to (Imminent Hazard Only) ® or Greater than 1/8 Inch and Less than 1/2 Inch Revised:02/10/2006 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM - 2so53 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR):(cont) 7. List below the Oils(0)or Hazardous Materials(FIM)that exceed their Reportable Concentration(RC)or Reportable Quantity (RQ)by the greatest amount. 0 or HM Released CAS Number, 0 or HM Amount or Units RCs Exceeded,if if known Concentration Applicable(RCS-1,RCS-2, RCGW-1,RCGW-2) GASOLINE [� 1448.00 PPMV N/A ® 8. Check here if a list of additional Oil and Hazardous Materials subject to reporting is attached. D. PERSON REQUIRED TO NOTIFY: 1. Check all that apply: ® a.change in contact name b.change of address ❑ c. change in the person notif in 2. Name of Organization: MOBIL BUSINESS RESOURCES CORP 3. Contact First Name: JDAVID 4.Last Name:IBAKER 5. Street: 52 BEACHAM STREET 6.Title:ITERRITORY MGR EVERETT MA 02149-0000 7. City/Town: 8. State: 9. ZIP Code: 10. Telephone: (617) 381-2807 11.Ext.: 12. FAX: ® 13. Check here if attaching names and addresses of owners of properties affected by the Release or Threat of Release, other than an owner who is submitting this Release Notification (required). E. RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE: ® 1. RP or PRP ❑ a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter ® e. Other RP or PRP Specify: PRP GENERIC OR NON-SPECIFIED ® 2. Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) ® 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50)) ® 4. Any Other Person Otherwise Required to Notify Specify Relationship: Revised:02/10/2006 Page 2 of 3 i Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM - 26053 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) F. CERTIFICATION OF PERSON REQUIRED TO NOTIFY: 1. 1 DAVID J. BAKER attest under the pains and penalties of perjury(1)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(iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties,including,but not limited to, possible fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. 2. By. DAVID J. BAKERTitle: TERRITORY MGR 3. Signature 4. For: MOBIL BUSINESS RESOURCES CORP 5. Date: 09/01/2006 (Name of person or entity recorded in Section D) mm/dd/yyyy 6. Check here if the address of the person providing certification is different from address recorded in Section D. 7. Street: 8. City/Town: 9. State: 10. ZIP Code: 11. Telephone: 12.Ext.: 13. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Received by DEP on 9/1/2006 10:00:54 AM Revised:02/10/2006 Page 3 of 3 ` V Groundwater A & Environmental Services Inc. 364 Littleton Road•Suite 4•Westford,Massachusetts 01886•(978)392-0090•Fax(978)392-8583 June 23, 2006 Certified Mail No.,7003 1010 0004 7662 0054 Ms. Heidi Griffin Director-North Andover Board of Health 27 Charles Street North Andover,MA Ol 845 Subject: Release Abatement Measure Plan Mobil Service Station No. 11776(Formerly 01-420) 498 Chickering Road North Andover,Massachusetts Release Tracking Number(RTN) 3-3454 Dear Ms Griffin: On behalf of Mobil Business Resources Corporation (Mobil), Groundwater & Environmental Services, Inc. (GES) is notifying you of the Release Abatement Measure Plan for the underground storage tank removal and soil excavation activities planned for Mobil Service Station No. 11776 (formerly 01-420) located at 498 Chickering Road, North Andover, Massachusetts. The RAM Plan includes provisions for the proper handling of any potentially impacted soils that may be encountered during the work. The RAM Plan will be sent to the Massachusetts Department of Environmental Protection (MADEP), 205B Lowell Street, Wilmington Massachusetts on or before June 30, 2006. The UST removal activities described in the RAM Plan are scheduled to begin during the month of July and will last in the order of approximately 2 to 4 weeks. If you have any questions or would like a copy of the RAM Plan, please do not hesitate to contact the undersigned at(978)392-0090. Sincerely, GROUNDWATER&ENVIRONMENTAL SERVICES, INC. Molly McCarthy Richard Carmosino Asso ' ironmental Scientist Project Manager Steven Charron, PG, LSP Senior Project Manager cc: Mobil file MADEP,Northeast Regional Office205B Lowell Street, Wilmington,Massachusetts GES Document Tracking No.E11647 Environmental Solutions and Liability Management RECEIVED r ' Groundwater MAY 3.1 2005 ` tA/ & Environmental Services, Inc. 364 Littleton Road•Suite 4•Westford, Massachusetts 01886•(978)392-0090•Fax(978)392-8583 andSeNlCe May 27, 2005 Certified Mail No.7004 2890 003 8384 1805 Ms.Heidi Griffin Director-North Andover Board of Health 27 Charles Street North Andover,MA 01845 Re: Post Class C Response Action Outcome Phase V Monitoring Report November 2004 through April 2005 Mobil Station No. 11776(Formerly 01-420) 498 Chickering Road North Andover,Massachusetts Site Number 3-3454 Dear Ms. Griffin: In accordance with the Massachusetts Contingency Plan (MCP) 310 CMR 40.0000, Groundwater & Environmental Services, Inc. (GES) on behalf of Mobil Business Resources Corporation (Mobil), has submitted a Post Class C Response Action Outcome (RAO) Phase V Monitoring Report for the above-referenced site to the Massachusetts Department of Environmental Protection (MADEP). The above-referenced report was submitted to the Northeast Regional Office of the MADEP located at One Winter Street, Boston, Massachusetts, and is available for public review. If you have any questions regarding this letter,please contact the undersigned at(978)392-0090. Sincerely, GROUNDWATER&ENVIRONMENTAL SERVICES,INC. /C ssica Danieli Toros Maksoudian Staff Geologist Project Manager Steven D. Charron,PG,LSP Senior Project Manager l cc: Mobil File MADEP-NERD GES Document Tracking No.El 0040 Environmental Solutions and Liability Management r Groundwa� Y27' bd 4.AA a n, t w & Envirom A 5217623 115 P�STAP�E 364 Littleton Road•Suite 4•Westford,MA C 7004 2890 0003 8384 1805 Ms. Heidi Griffin, Director North Andover Board of Health t st NOTICE 27 Charles Street North Andover, MA 01845 2nd NOTICE RETURN i. v". 6.4- +�Ml. f lt'flfE� {33 !!l.ff�3�1111911111111m llJ13f'if-iI11.11fAlfff:i Groundwater & Environmental Services, Inc. 364 Littleton Road . Suite 4 a Westford, MA 01886 . (978)392-0090 . FAX(978)392-8583 May 28, 2004 RECEIVED Ms. Heidi Griffin Director-North Andover Board of Health JUN 1 " 2004 27 Charles Street North Andover,MA 01845 Community Development Re: Post Class C Response Action Outcome Phase V Monitoring Report and Services November 2003 through April 2004 Mobil Station No. 11776(Formerly 01-420) 498 Chickering Road North Andover,Massachusetts Site Number 3-3454 Dear Ms. Griffin: In accordance with the Massachusetts Contingency Plan (MCP) 310 CMR 40.0000, Groundwater & Environmental Services, Inc. (GES) on behalf of Mobil Business Resources Corporation (Mobil), has submitted a Post Class C Response Action Outcome (RAO) Phase V Monitoring Report for the above referenced site to the Massachusetts Department of Environmental Protection (MADEP). The above referenced report was submitted to the Northeast Regional Office of the MADEP located at One Winter Street, Boston, Massachusetts, and is available for public review. If you have any questions regarding this letter,please contact the undersigned at(978) 392-0090. Sincerely, GROUNDWATER&LNVIRONMENTAL SERVICES,INC. Toros Maksoudian S v Project Manager I Christophe M.Henry,PE,LSP Senior Project Manager m Mobil File MADEP-NERD Document Tracking No.E8458 "An Equal Opportunity Employer" OJa G� rl QGroundwater & Environmental Services, Inc. 364 Littleton Road• Suite 4• Westford, MA 01886• (978)392-0090• FAX(978)392-8583 November 18, 2004 Certified Mail No.70031010 0004 7661 4527 Ms. Heidi Griffin Director-North Andover Board of Health 27 Charles Street North Andover, MA 01845 Re: Post Class C Response Action Outcome Phase V Mon' oring Wpohrt��® May through October 2004 Mobil Station No. 11776(Formerly 01-420) NOV 1 9 2004 498 Chickering Road North Andover,Massachusetts TOWN OF NUH-1 H AlNDOVER HEALTH DEPARTMENT Site Number 3-3454 Dear Ms. Griffin: In accordance with the Massachusetts Contingency Plan (MCP) 310 CMR 40.0000, Groundwater & Environmental Services, Inc. (GES) on behalf of Mobil Business Resources Corporation (Mobil), has submitted a Post Class C Response Action Outcome (RAO) Phase V Monitoring Report for the above-referenced site to the Massachusetts Department of Environmental Protection (MADEP). The above-referenced report was submitted to the Northeast Regional Office of the MADEP located at One Winter Street, Boston, Massachusetts, and is available for public review. If you have any questions regarding this letter,please contact the undersigned at(978) 392-0090. Sincerely, GROUNDWATER&ENVIRONMENTAL SERVICES,INC. 0/i Jessica Danieli Toros Maksoudian Staff Geologist Project Manager Steven D. Charron,PG,LSP Senior Project Manager cc: Mobil File MADEP-NERD GES Document Tracking No.E9276