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HomeMy WebLinkAboutNotice of Activity & Use Limitation - - 1450 Osgood Street Bk 11271 Pw I 1 07-31-2008 03237o Form 1075 NOTICE OF ACTIVITY ANDUSE LIMITATION 1 I.G,L. c. 21E. § 6 and 310 CM R 40.0000 Disposal Site Marne: Fon-ner Merrimack valley Works I EP Release Tracking No. s : 3- 1 , 3- 1 3, 3-23204, 3- 5333 This Notice of Activity and Use Limitation("Notice") is made as of this 29th day of July, 2008,by 1600 Osgood Street,LLC having a principal place of business at 3 Dundee Part ,Andover, irIA 0 11 , together with its successors and assigns (collectively"Owner" . W I T N E S S E T : WHEREAS, 1600 Osgood Street, LLC is the owner in fee simple of that certain parcel of I and located in North Andover,Essex County,Massachusetts with the buildings and improvements thereon,pursuant to a deed recorded with the North Essex County Registry of Leeds in Book 8213 Page 272 as subdivided pursuant to a Plan recorded in the forth Essex County Registry of Deeds as Plan No. 153 , with a portion thereof being conveyed pursuant to a Deed recorded at the North Essex Counter Registry of Deeds in Book 10590,Page 00 ;as further subdivided pursuant to a Plan recorded in Essex forth Registry of Deeds as Plan No. 15932, with a portion thereof conveyed pursuant to a Deed recorded in the forth Essex County Registry of Deeds at Book 11180,Page ; and as further subdivided pursuant to a Plan recorded in the forth Essex County Registry of Deeds as Plan No. 1593 31.with a portion thereof conveyed pursuant to a Deed l recorded in the Forth Essex County Registry of Deeds at Book 11180, Page ; WHEREAS, said parcel ofland, 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 Tsc Limitation; "MERE S,a portion of the Property "Portion of the Property" is subject to this Notice of Activity and Use Limitation. The Portion of the Property i's more particularly bounded and described in Exhibit -1, attached hereto and made a part hereof. The Portion of the Property is shown on plan recorded with the North Essex County Registry of Deeds as Plan No. 15939, and on a sketch plan attached hereto and filed herewith for registration; WHEREAS,the Portion of the Property comprises all of several disposal sites as the result of release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship ofthe Portion ofthe Property s bject 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 stablished. Exhibit B.is attached hereto and made a part hereof; and } B 11271 P 14 #20417 WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21 E ("Chapter 1 E") and the Massachusetts Contingency Plan, 310 C R 40.0000 ("MCP"). Said response actions are based upon a the restriction of human access to and contact with oil and/or hazardous material in soil and/or groundwater and/or(b) the restriction ofcertain activities cum*ng in,on, through,over or under the Portion of the Property. The basis for such restrictions is set forth ire an Activity and Use Limitation Opinion ("ATM Opinion"), dated 29 July 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 ALTL Opinion provides that a condition of to Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 3 1 CMR 40.0000) long as any of the following activities and uses occur on the Portion of the Property: (i) Commercial,retail and industrial activities and uses including but net linmited to vehicle parking and pedestrian and vehicular traffic; (ii) Landscaping activities and routine maintenance of landscaped areas that do not cause and/or result in direct contact with, disturbance of, and/or relocation of, contaminated soil, groundwater, and/or soil vapor currently located at the Disposal Sites; (iii) Excavation associated with emergency or short-term (three months or less) underground utility and/or construction work, provided it is conducted in accordance with a Soil Management Plan and a Health and Safety Plan in accordance with Obligations i and ii)ofthis Notice;and involves the repair and/or replacement of the ground surface, exterior pavement, or building ground or sub floor with a comparable barrier immediately following completion of the wort ; (iv) Activities and uses that are not inconsistent with maintaining a level of No Significant Risk at the Portion of the Property; (v) 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 environ ent than the activities and uses set forth in this Paragraph; and (vi) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. .. Activities and Uses Inconsistent with the AUL Opp. Activities and uses which are inconsistent with the objectives of his Notice ofActivity and Use Limitation,and which, if implemented at the Portion of the Property,may result in a significant risk B 11271 P 144 #20417 f harm to health,safety,public welfare or the nvir n nt or in a substantial hazard, are as follows: (i) Use as a residence,school(as defined in the LSP Activity and Use Limitation pon in Exhibit Q,nursery,daycare,part ,playground,or recreation area (as defined under 310 CM , and/or other such use at which a child's presence is likely on a continuous basis; (ii) Use for gardening or agriculture including cultivation of fruits and vegetables for human consumption; (ifi*) Activities and/or uses that are likely to involve the removal and/or disturbance of exterior pavements, surface soil, and/or building ground or sub-grade floors and /or the disturbance of the contaminated soil located immediately beneath these structures without prior development of a Soil Management Plan and a Health and Safety Plan in accordance with Obligation i and ii of this Notice; (iv) Relocation and/or reuse of any contaminated soil unless an LSP renders an Opinion that states that such relocation and/or reuse is consistent with maintaining a condition of No Significant Risk and With the provisions o 3 10 CNM 40.003 ; and (v) Activities and/or lases that could reasonably be expected to cause physical or chemical deterioration.,breakage,or structural damage to a building slab,sub floor and/or exterior pavement thereby causing exposure to contaminated media that is inconsistent with a condition of No Significant Risk as defined by the risk characterization conducted in accordance with 3 10 CMR .moo. (vi) Activities and/or uses that could increase the potential for migration of organic vapors into the indoor air of buildings within the Portion of the Property unless an LSP renders an Opinion that such activities and/or uses will not be inconsistent with the exposure scenarios and conclusions of the risk assessment, conducted in accordance with 3 10 CNM 40.0900, that is applicable to the specific area of work. . Obligations and Conditions Set Forth in the AUL Qpinion. If applicable,obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the ALJL Opinion shall include the following: (i) A Soil Management Plan,Release Abatement Measure Plan,Utility-Related. Abatement Measure Flan, Fuse IV Remedial Implementation Plan, or i applicable other vehicle provided under 3 10 CMR 40.0000 must be prepared by an LSP and implemented prier to the co rnencernent of any activity that is likely to disturb the contaminated soil located beneath the pavement or buildings within the Portion of the Property.The applicable Plan(s)must be prepared in accordance with the provisions of 3 10 CMR 40.0000,specifically Bk 11271 Pg145 #20417 the"Management Procedures for Remediation wast6"stipulated at 310 C R 40.0030 and the guidelines discussed in the LSP Activity and Use Limitation Opinion attached hereto as Exhibit ; (ii) A Health and Safety Plan must be prepared and implemented in accordance with the guidelines discussed in the Activity and Use Limitation Opinion attached hereto as Exhibit C prior to the commencement of any activity that involves the removal and/or disturbance of any pavement or building ground or sub floor and/or is likely to disturb the underlying contaminated soil within the Portion of the Property; (iii) Building ground or sub grade floors in both existing and future buildings, existing and future exterior pavements, and/or any other means used for precluding contact with underlying contaminated soils must be constructed and maintained to ensure that underlying contaminated soils remain inaccessible; (iv) Prior to activities and/or uses that could increase the potential for migration of organic vapors into the indoor air of buildings within the Portion of the Property, an LSP must render an Opinion that these activities/uses are not inconsistent with the exposure scenarios and conclusions of the n*sk assessment, conducted in accordance with 3 10 CM R 40.0900, that is applicable to the specific area of work; and (v) New buildings or structures shall be designed and constructed with a vapor barrier or subslab venting system to prevent the migration of vapors from underlying contaminated soils or groundwater to the interior of the buildings or structures. The design of these barriers and subslab ventilation systems shall be approved by an LSP prior to construction. Any such barriers or systems shall be properly operated and maintained such that they continue to function as designed. . Proposed Chan es in Activities and_Uses. Any proposed charges in activities and uses at the Portion of the Property which may result in higher levels of exposure t oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion,in accordance with 3 10 CMR 40.10 80 et sect.,as to whether the proposed changes will present a sig .iflcant 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 conenced. . 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 clue to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 3 10 CMR 40.108 0 et seq., and without additional response actions, if necessary,to achieve or maintain a condition ofl o Significant Risk or to eliminate substantial hazards. Bk 11271 Pg146 #20417 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 3 10 CNM 40.1080 et seq., the owner or R operator of the Portion ofthe 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. . Incorporation Into feeds. Mort a es, 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 intent of transfer,whereby an interest in and/or a right to use the Property or a portion hereof 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 LS ,and recorded and/or registered with the appropriate Registry f Deeds and/or Lam Registration Office. WrINESS the execution hereof under seal this day of 2008. y its Manager, as duly authorized Grit Goldstein,Manager 1600 Osgood Street, LLC- COMMONWEALTH OF MASSACHUS TTS Essex ss. 92008 n this daof J .( 2008 before me the undersigned notary public, personally appeared Grit dstein, roared to me through satisfactory evidence 'of identification, which were k001011 Zto be the person whose name is signed on the preceding or attached document, and acknowledged to me that he (she) signed it voluntarily for its stated purpose, SUZAN , MOPPIff Notary Public Commonwealth of Mossuchuseft y Commission GI s March 7, 2014 N �rypublic Bk 11271 Pg147 #20417 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and nude a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth i said Activity and Use Limitation Opinion. do 'M Date. .4'k est Soukup, LSP COMMONWEALTH OF MASSACHUSETTS Essex ss 2008 n this day , 2008, before me, the undersigned notary public, personally appeared Janes Soukup, proved to nee 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. SUZAN Me MOFFEff Nato Public orr r► n ai Masmhe�� My CommIssion Epic IAa ', 14 0- -" Notary lic Upon recording,return to: 1600 Osgood Street, LLC 1600 Osgood Street Suite 200 North Andover,NIA 01845 Bk 11271 Pg148 #20417 Foram 1075 310 CMR 40.1099 1600 Osgood StreettFormer Merrimack Valley Works North Andover, Massachusetts Exhibit A Legal Description of Entire Property (page 1 of 3) A certain tract or parcel of land situate in the Commonwealth of Massachusetts, County of Essex and Town of North Andover and located on the westerly side of Osgood Street being more particularly bounded and described as follows: egInning at a granite bound on the westerly sideline of said Osgood Street at other land now or formerly of 1600 Osgood Street, LLC, said point being the southeast corner of the within described premises; Thence by said other land of 1600 Osgood Street, LLC, Inc. S '3 2'4 "w one thousand four hundred eighty-one and eighty-four hundredths (1,481.84) feet to a granite bound at land now or formerly of the Commonwealth of Massachusetts; Thence by land of said Commonwealth of Massachusetts N '1 ' "W seven hundred fifty-eight and ninety-eight hundredths (758.98) feet to a granite bound at other land now or formerly of the Commonwealth of Massachusetts; Thence by said other land of the Commonwealth of Massachusetts achusetts 1 43' '2 "w one hundred seventy and five hundredths 17 . feet to a granite bound; Thence continuing partly by said other land of the Cor onwealth of Massachusetts and partly by land now or formerly of North Andover 2004, LLC NO 1'29'29"E two hundred seventy- three and seventy-nine hundredths 73.7 feet to a granite bound; Thence continuing by land of said North Andover 2004, LLC N1 °3 '4 "w sixty-nine and ninety-eight hundredths feet to a granite bound; Thence continuing by land ofsaid North Andover 2004, ITC N23*5 10 1"W one thousand three and eighty hundredths 1 3. feet to a granite bound at land now or formerly f the Massachusetts Bay Transportation Authority(fonnerlyBoston&Maine Railroad); Thence by land of`said Massachusetts s Bay Transportation Authority the following five e (5) courses: 1 3 '1 43"E seven hundred forty and ninety hundredths (740.90) feet to granite bound; Thence N43"1 '14"E one hundred and thirty-six hundredths (100.3 feet to a point; Thence N37*09'59"E one hundred and two hundredths(100.02) feet to a point; Bk 11271 Pg149 #20417 Form 1075 310 CMR 40.1099 1600 Osgood Street/Former Merrimack Malley Works s North Andover, Massachusetts Exhibit A Legal Description of Entire property (page 2 of 3) Thence 13 03 '3 " one hundred and twenty-one hundredths (100.21) feet to a granite bound; Thence 1 38°1 ' 3"E three hundred thirty-seven and sixteen hundredths (337.16) feet to a point at land now or formerly of Osgood Landing, LLC; Thence by land of said Osgood Landing, ITC the following four courses: S I 3'45'07"E one hundred forty-four and sixty-six hundredths 1 .66 feet to a point; Thence N76*1 '01"E sixty-six and six hundredths feet to a point; Thence I7' 1' 7"E eighteen and fifty-four hundredths 18. feet to a point; Thence N760 ' "E three hundred three and no hundredths 3 3. 0 feet to a point at other land of 1600 Osgood Street LLC; Thence by other land of said 1600 Osgood Street LLC S 1 ' ' ' "E two hundred eighty and forty hundredths 80. 0 feet to a point; Thence continuing by other land of said 1600 Osgood Street LLC 76"1 ' 3"E nine hundred fifty-five and no hundredths feet to a point on the westerly sideline of said Osgood Street; Thence along the westerly sideline of said Osgood Street the following seven courses: S03°11'18"E forty-four and sixty-nine hundredths (44.69) feet to a mass highway bound; Thence along a curve to the left 1 "1 '1 ", a radius of three thousand one hundred twelve and fifty-seven hundredths 3,11 . 7 feet and an arc length of five hundred fifty-six and fourteen hundredths .1 feet to a point; Thence S13*25'32"E six hundred forty-four and twenty-two hundredths 44. feet to a point; Thence S7607"W fifteen and ten hundredths 1 ..1 feet to a lead plug with tack in the sidewalk; Thence S13037'13"E four hundred fifty-seven and eighty-one hundredths 7.81 feet to mass highway bound; Bk 11271 Pg150 #20417 Form 1075 1 o CMR 40.1099 1600 Osgood Street/Former Merrimack ValleyWorks s North Andover,, Massachusetts Exhibit Legal Description of Entire Property (page 3 of 3) Thence along a curve to the right having a central angle of °4 '5 ", a radius of one thousand five hundred and no hundredths 1,5 . feet and an are length of one hundred seventy-five and eighty-one hundredths(175.8 1 feet to a mass highway hound; Thence S 1°1 '1 7"W three hundred forty-five and twenty-four hundredths 25.24 feet to the point of beginning. Sail tract or parcel of land contains 5,18 1,2 17 square feet or 118.945 acres more or less. Bk 11271 P 1 1 #20417 Form 1075 310CMR 40.1099 1600 Osgood Stre tfFormer Merrimack Malloy Work North Andover, Massachusetts Exhibit -1 Written Legal Description AUL Area (page I of 2) certain tract or parcel of land situate in the Commonwealth of Massachusetts, County of Essex and Town of North Andover on the westerly side of Osgood Street and shown as 'ACTIVITY AND USE LIMITATION I AREA' on a plan entitled 'Plan of Land, Assessors Map 34 Lot 17, 1600 Osgood Street North Andover,Massachusetts Prepared for Weston Solutions'; Scale: 1`160'; Date:May 14, 2008 by M F Design Consultants, Inc. and to be recorded at the North Essex County Registry of Deeds being more particularly bounded and described as follows: Beginning at a point at the southeast corner of Building 30 as shown on said plan, said point being N3 ' 6' 3"W nine hundred ninety-two and eighteen ,1 feet from a 6" 6" pie bound at the southeast corner of Map 34 Loot 17 as shown on said plan; Thence along the face of said Building 30 S76022'20"W four hundred fifty-three and twenty-six hundredths 3. feet to a point; Thence S13'48'52"E to hundred sixteen and seven hundredths (216.07) feet to an iron pin; Thence S76°3 '1 'V three hundred fifty-five and seventy-one hundredths .71) feet to an iron pixy; Thence 1 7 0' 3"W two hundred eighteen and fifty-four hundredths 1 . 4 feet to an iron pin; Thence 113°26' 1"W seven hundred thirty-nine and forty-two hundredths 73 . feet, partly along the face of Building 44&45, to an iron pin; Thence S76'33'11"W three hundred fifty-seven and two hundredths 37.0 feet to an iron pin; Theme 11303 0'5 8""W four hundred twenty and three hundredths 2 . 3 feet to an iron pin; Thence along a curve to the right having a central angle of 5 0'51' ", a radius of one hundred eighty and no hundredths(180.00) feet and an arc length of one hundred fifty-nine and seventy-nine hundredths(15 9.79)feet to an iron pin; Bk 11271 Pg15 2 #20417 Form 1075 310 CMR 40.1099 1600 Osgood Street/Former Merrimack Valley Works s North Andover, Massachusetts Exhibit -1 Written Legal Description AUL Area (page 2 of 2) Thence N37"20' 2"E four hundred twenty-one and thirty-three hundredths 421.33 feet to an iron pin; Thence S13'24'36"E two hundred eighty three and twelve hundredths 283.12 feet to an iron pin; Thence N7 " 4'24"E two hundred twenty-nine and fire hundredths 22 . feet to an iron pi*n;- Thence S13'3 ' '7E three hundred twenty-two and seventy-eight hundredths (322.78) feet to an iron pin; Thence N7122' 3"E seven hundred thirty-two and eight hundredths 732.08 feet to a paint along the face of Building 21 Thence S 13'37'40"E eight hundred fifty-one and ninety-nine hundredths (851.99) feet, partly along the face ofsaid Building 30,to the point of beginning. Said tract or parcel of land contains 1,284,217 square feet or 2 .482 acres more or less Bk 11271 Pg153 #20417 Form 1 1 CM R 40.1099 1600 Osgood StreettFormer Merrimack Malley Works s Forth Andover, Massachusetts husetts Exhibit Sketch Disposal Sites In Relation to the AUL Area (See Next Purge) M:\0esigm\DWG\MVW\AUL\EXHl8lT B.dwg, Layoutl, 17 aoa 24-53,21 FIM, MURROT, 1:1 AUL BOUNDARY PROPERTY BOUNDARY GRAPHIC SCALE 50D 250 0 250 500 APPROMMATE SCALE IN FEET p 34. LOT 17 sunLINT OF so DISIBAL SITE s BUILDING A$AREA RTIwI 2-23204 3. LlUIT OF surtu c' m DISPOSAL 31TE e° BUILDING 34 AREA ACTIVITY AND USE ° 01 UMITATION AREA► 54 1, 917 Sq.Ft. mmue c as LIMIT D1 PO AL SITE s Ps ARKA RM 18 �F ■LNI �1 � M LIMIT OF DISPOSAL SITE BUILDINGS 30 AND 70171 AREA "N -01 T Ln EXHIBIT " " N LIMITS OF DISPOSAL SITES AUL FORM 1075FA MA CHE TER � � NEW HAMPSHIRE � DRAWN DATE DES. ENG. DATE W.O. NO. A,J. i. 1 08 F.R.S. /1 8 11621-039.001 1600 OSGOODSTREET CHECKED v TE SCALE RVASION FKXW NO. NORTH Al 1ER- MASSA HUSETTS F.R.S. 6 1 08 AS SHOWN 1 B 11271 Pg155 #20417 Fora 10 10 CM R 40.10 Exhibit —AUL Opinion 1600 Osgood Street/Former Merrimack Valley Works North Andover, Massachusetts Exhibit C AUL opinion In accordance with the requirements of 3 10 CMR 40.1074, this Activity and Use Limitation (AUL) Opinion has been prepared for the portion of the property at 1600 Osgood Street in North Andover (formerly known as the Merrimack valley works) that is the subject of an AUL (Portion of the Property). In addition to the primary address of 1600 Osgood Street, this AUL also applies to 1590, 110, and 1636 Osgood Street; which are tenant addresses within the main parcel. The AUL will be recorded in the North Essex County registry of Deeds. As of the date of this AUL Opinion, the Portion of the Property is located within an area zoned for commercial and industrial uses. Introduction The former Merrimack valley works is a 1,900,000 square-foot manufacturing facility that was located on 168 acres of land off of Osgood Street (route 15) in North Andover. The original 16 -acre property included approximately 115 acres that were historically used by Lucent Technologies Inc. and it predecessors for manufacturing operations. The remaining 53 acres included landscaped area and undeveloped woodlands,wetlands, and Mood plain. The original 168 acres was subdivided by Plan dated May 15, 2006, recorded January 16, 2007 as Plan Number 15396, into two parcels; and was Bier subdivided pursuant to Mans dated March 13, 2008 and recorded at the North Essex registry ofDeeds as Plans No. 15932 and 1533 (accompanied by Deeds adjusting said lot lime recorded in Book 11180, Pages 289 and 20 and Book 10590, Page . The parcel that is the subject of this AUL is a portion of Town o North Andover Assessors Map 34, Lot 1 (Lot 17), as shown on Plan No, 15932, nd described in those Deeds set forth hereinaboe. Lot 1' is 11 .9 acres and encompasses the developed or industrial/commercial core of the original 168 acre property. There are currently more than 40 buildings/structures located on Lot 17 which comprised the industrial/con nercial core of the former Lucent Merrimack Valley works or facility. After its construction in 1956, the facility was used for manufacture of equipment and components for the teleconunum"cations industry. Starting in 1995, manufacturing operations were scaled back significantly at the site. Lucent sold the property to 1600 Osgood Strut, LLC In 2003. 1600 Osgood Street LLC manages the property and has since leased various portions of the site to other businesses. At this time the uses of the property are generally commercial with some light manufacturing. A additional tenant spaces are leased, tenants are expected to change to include some retail uses. For the foreseeable future, uses are expected to remain coercil and/or industrial with some retail uses. Future use of the site for residences and schools for grades 12 and under are inconsistent with the exposure scenarios included in the risk assessments that have been conducted to slate for certain areas of the property. The street address used historically for this Site is 1600 Osgood Street. As new tenants are added to Lot 17 additional street addresses may be added. Bk 111 Pg156 #2417 Exhibit C—AIL Opinion 1600 Osgood Street/Former Merriniack Malley Works s North Andover, Massachusetts The properties adjacent to the former Mernmack Valley works are mainly used for industrial and commercial purposes. A few residential properties are also present near the far northeastern corner of the facility. A small, unnamed intermittent stream is located in the northwest portion of the property. The unnamed stream flows northward and discharges to the Merrimack liver, which is located along the northern boundary of the property. Hazardous chemicals, predominately chlorinated solvents, such as trichloroethene TC and 1,1,1-trichloroethane 111-T , and various metals were historically stored at the site and used in large quantities during the manufacturing process. 'These hazardous rm t ri is are no longer used or stored at the facility. As a result of historic spills at the facility, there are several areas of contaminated soil and groundwater within the former manufacturing areas of the Merrimack Valley works. These areas are regulated under the Massachusetts Contingency Plan (MCP) under Release Tracking Numbers (RTNs) 3- 1 , 3- 1 3, 3-23204 and 3-25333, which are discussed below. MCP Site History 1 TN 3-0174 Buildings 1 Buildings 70 and 71 are large multi-story warehouse/manufacturing buildings located near the center of the property. The area to the south of Building 7 (including the area beneath wilding 71) had historically been the location of several large underground storage tams and a purnping system used for the storage and transfer of solvents used in the manufacturing process at the Merrimack valley works. releases associated with these tanks and the pumping system have resulted in significant contamination of soil and groundwater in this area. The primary contaminants are TC , 111-TC , and the degradation products of these chernicals such as 1,1- and 1, - ichloroethene, Environmental inVestigations and remediation have been ongoing in this area since the late los, when the tanks were removed and the contamination was first discovered. The investigations have included extensive soil, groundwater, and indoor air sampling, kemedition of this area has been ongoing since 1990. Initially a pump-and-treat system was installed in Building 51 to treat the downgradient dissolved contaminant plume. Source area treatment commenced in 2002 when groundwater and soil vapor extraction and treatment were implemented. The source area treatment program was expanded in 23 with implementation of in situ chemical oxidation (ISCO) The ISCO program included the installation of 160 injection webs within Buildings 70 and 71 and in the exterior area to the south. Several injections of sodium permanganate, a chemical that oxidizes and destroys groundwater contaminants, have been completed and a substantial reduction in contaminant concentrations has been observed. The injections will continue until the cleanup goals are reached. The soil vapor extraction SVE system continues to operate to remove volatile organic compound v Cs in the contaminant source area and intercept vapors beneath the buildings. Prior to co mcnc rnent of the ISCO program, a risk characterization was preformed to evaluate the risk o workers from VCs in indoor air. The risk characterization B 11271 P 1 I #20417 Fonn 1075 1 o CMR 40.1099 Exhibit C-AUL opinion 1600 Osgood Street/Former Merrimack Valley Works North Andover, Massachusetts concluded that a condition of No Significant Risk existed for adult workers in Building I as long as the existing S E system is operated with no extended downtime. It is anticipated that once the remediation activities have been completed, a revised risk characterization will be performed to confirrn that a condition of No Significant Fisk exists at the site without active subslab vapor removal. The exposure scenarios for the risk characterization will be based on f ature commercial and industrial uses of the site that are consistent with the AUL. After it is determined that a condition of No Significant Risk exists for all potential receptors, a Class A-3 Response Action outcome Statement will be issued for the Disposal Site. 1 TN 3-0174 Buildiniz30 Building 30 is the largest building at the Merrimack valley works. The building was used for manufacture and assembly of various telecommunications equipment. wring decommissioning of the building following closure of the plant, it was found that solvents had been released to soil beneath the building through a floor drain in the former machine shop. Testing of soil and groundwater beneath the building confirmed that contamination, primarily TCE, was present in this area. The contamination appears to be limited to the shallow sand aquifer and the unsaturated zone. The impacted area is estimated to be approximately , o square ff. and is entirely located beneath the southeast corner of Building 3 . Indoor air sampling indicated that soil vapors had migrated into the building through cracks and around foundation undation penetrations. Subsequent sealing ofthe cracks and penetrations have significantly reduced the concentrations of subsurface contaminants in indoor air. As a result of these findings, a remediation system was installed in 2002 that consisted of a series f SVE and air spar ing wells designed to remove contamination ination from the unsaturated zone and from groundwater. As part of the ISCO program that commenced in 2003, injection of sodium permanganate was used instead of the air surging system for treatment of the saturated zone. Several sodium permanganate injections have been performed and v C concentrations in groundwater have decreased significantly. Furthermore, concentrations of VCs in the air extracted from the vadose zone soil by the SVE system have also dropped, suggesting that remediation of the vadse zone soil is nearing completion, Nor to commencement ent of the ISCO program, a risk characterization was p rf r ed to evaluate the risk to workers from v Cs in indoor air. The risk characterization concluded that a condition No Significant Risk existed for adult workers ear in Building 30 as long as the existing SVE system is operated with no extended downtime. It is anticipated that once the groundwater remediation has been completed, a revised risk characterization will be performed to confirm that a condition ofNo Significant Risk exists at the site without active subslab vapor removal. The exposure scenarios for the risk characterization will be based on future commercial and industrial uses of the site that are consistent with the AUL. After it is determined that a condition of No Significant Risk exists for all potential receptors, a Class A-3 Response Action Outcome Statement will be issued for the Disposal_Site. Bk 11271 Pg158 #20417 Form 10 10 CMR 40.1099 Exhibit C—AIL Opinion 1600 Osgood Street/Former Merrimack Valley Works s North Andover, Massachusetts RTN 3-21863 Former Printed wire Board EPWB) Shop The former PWB Shop was located in the basement level of the northern section ofBuilding 30 and was used for the production ofprinted wire hoards. This Disposal Site includes not only the former PWB Shop, but the adjacent area to the north downgradient and includes portions of several facility buildings, including the main manufacturing building (Building , the plant construction storage building (Building 3 , modular office buildings (Building , and electrical substations (Buildings 47 and . In addition to the existing buildings, the PVVB Area also encompasses a number of landscaped areas and paved walkways, parking lots, and driveways. A. subsurface wastewater piping and utility corridor, which is also included as part of this Disposal Site is located adjacent to and beneath the paved walkway just north of Building 3 . Environmental investigations commenced at the former PWB Shop in the early 1990s, shortly after the Shop was removed from service. In 2002, cyanide was detected in groundwater downgradient of the former PWB Shop at a concentration that exceeded the MCP Reportable Concentration. The disposal site is classified as Tier 1 C under the MCP. The Phase II Comprehensive Site Assessment Report was submitted to MassDEP on 23 February 2005. The risk characterization included in the Phase If concluded that a condition of No Significant Risk exists for all current and reasonably foreseeable future uses of the site, assuming that such uses would be restricted to commercial industrial activities and children would he present infrequently. The report recommended that an Activity and Use Limitation be implemented to restrict future use to those activities consistent with the Risk Characterization and that a Class B-2 RAO Statement be issued for the Disposal Site. Phase III Remedial Action Plan was prepared to assess the feasibility of achieving or approaching background, because hazardous materials were 'Identified in soil, groundwater, and indoor air at the site, even though a condition of No Significant File was shown to exist. The Phase ITf was submitted to MassDEP on 9 August 2005 and concluded that the additional cost o cleaning up the site to background conditions was not justified because a condition of No Significant Risk already existed without implementation of remedial measures. It is anticipated that a Mass B-2 Response Action Outcome Statement will be filed with 1IaslP after this AL has been recorded. RTI 3- 304 Building Area The Building 48 Area is located near the northwest corner of the 11 -acre manufacturing area of the Merrimack Valley works and is comprised of Buildings 48 and 49 and the surrounding open areas. Both buildings were constructed in the raid-I9s. Prior to construction of the buildings, the area had been used for the interim storage ofdes containing waste solvents and was referred to as the "Barrel Pad". A storage tank, known as the "waste flammable tank," was formerly located to the south of Building 4 . The waste flammable tank was reportedly used to store larger volumes of used solvents prior to off-site disposal. The tank is believed to have been Bk 111 Pg159 #2417 Form 1075 310CM R 40.1099 Exhibit C—AUL Opinion 1600 Osgood Street/Former Merrimack Valley Works s North Andover, Massachusetts ,00-gallon steel tank that was installed in 1971 and removed in the mid-d 980s. Environmental investigations at Building 48 were initiated in 2003 as part of the sale of the Merrimack Valley Works property. Groundwater in the vicinity of Building 48 was found to contain various solvents at concentrations exceeding the MCP Reportable Concentrations and, therefore, a Release Notification Form was submitted to MassDEP on 10 September 2003. The disposal site was classified as Fier H, and the investigation and re mediation of the Building 48 area has been conducted under the MCF. In response to the Release Notification Form, 1IassDEP assigned RTN 3-23204 to the release. A Phase I Initial Site Investigation was submitted to MassDl P along with a Numerical Ranking System Scoresheet and Tier Classification in February 2004. used on the results of the Nu encal Ranking System scoring of the Disposal Site, the Building 48 Area Disposal Site was classified as a Tier II Disposal Site. A Phase II Comprehensive Site Assessment was completed and submitted to MassD P in June 2004. The Phase II rncludd the installation and sampling of several groundwater monitoring wells and indoor air sampling. Chlorinated vs including T , PE, and I l I-TA, and their breakdown products were found in soil, groundwater, and indoor air. The source of the v Cs i believed to have been spills related to filling and draining of the former waste flammable tank located south ofBuilding 48. Soils located in the area of the former waste flammable tank and the Former Barrel Pad contain low concentrations of v Cs. A plunge of contaminated groundwater extends north from the location of the former waste flammable tank towards the Merrimack Diver* and passes beneath Buildings 48 and 49. A strong upward vertical groundwater gradient is confining the contamination to the shallow overburden. Concentrations of v Cs are highest near the former tank source area to the south of Buildings 48 and 49. Only low concentrations of VOCs are found in the most dow gradient monitoring wells heated about 300 ft from the Merrimack River, confirming that the plume does not impact water quality in the river. Indoor air within Buildings 48 and 49 has been impacted at very low concentrations by VOCs that are present in groundwater. A comprehensive Method 3 Risk Characterization was prepared as part of the Phase II and concluded that a condition of No Significant Risk exists for current and foreseeable future uses of the site. The risk characterization assumed that the site would not be used for residential purpo ses and that small children would be present infrequently at the site, in accordance with the requirements of the AU. It also assumed that site workers would not be routinely exposed to soil at the Disposal Site. A Phase III Remedial Action Plan was prepared to assess the feasibility of achieving or approaching background, because hazardous materials were identified in soil, groundwater, and indoor air at the site even though a condition of No Significant Risk was shown to exist. The Phase III was submitted to MassD P in February 2005 and concluded that remedial actions were warranted to reduce VOC concentrations in groundwater beneath the existing buildings and in the source area adjacent to the former tank location in an effort to mi i e the potential for VOCs to eater the buildings and impact indoor air quality. In situ chemical oxidation using Bk 11271 Pg160 #20417 Exhibit C—AUL Opinion 1600 Osgood StreeWormer Merrimack Valley Works North Andover, Massachusetts sodium permanganate was the selected remedial alternative for the Disposal Site. Phase IV Remedy Implementation Plan was submitted to MassDEP in February 2005 and the selected remedy was implemented shortly thereafter. Three separate injections of sodium permanganate have been performed and the concentrations of VOCs in groundwater have been significantly reduced. Further injections may be needed to complete the rernediation. It is anticipated that a Class A-3 Response Action Outcome statement will be filed for this Disposal Site once the groundwater rernediation efforts are completed. RTN 3-25333 Building Building 34 is a two-story structure located between the former PVVB Shop and Building 48. It consists of a main building, a covered loading dock along the northern side, and a pole barn attached to the west side. The pole barn area had historically been used for the storage of Hazardous waste materials from the manufacturing processes in other portions of the Merrimack Valley works, The building foundation is a concrete slab with a thickness of approximately inches. Building 34 was initially constructed in the 1960s and the pole barn was added in the mid 1 ' . Environmental testing performed in ,Tune 2005 identified V Cs including PCE and petroleum hydrocarbons in soil beneath the concrete floor of the pole barn at concentrations exceeding the MCP Reportable Concentrations. A Release Notification Form was filed with Mas D P on 18 October 2005 and RTN 3-333 was issued for the release. Subsequent investigations included additional soil sampling to determine the extent of the contamination as well as groundwater, soil gas, and indoor air sampling. The results of the investigations were used to prepare a Method 3 Risk Characterization. The risk characterization determined that a condition No Significant Risk exists for all current and f res eable future uses of the site that are consistent with the AL. It is anticipated that a Class B-1 Response Action Outcome Statement will be filed with Ma sD P in the near future. Risk Assessment Summary Method 3 Risk Characterization was completed for each of the Disposal Sites at the Merrimack Valley works. All of the risk characterizations, assumed that exposure to contaminated soil, groundwater and indoor air would be limited to long-term adult site workers (employees of businesses located on the property), construction workers perforrning temporary utility, landscaping or construction work, and adolescent visitor. It was assumed that children would be present infrequently and that there would be no residential or agricultural use of the property. The results of the various risk characterizations indicate that a condition of No Significant Risk exists at all ofthe Disposal Sites for current conditions, and that the condition of No Significant Risk will be maintained for future conditions provided that an AUL is placed on a Portion of the Bk 11271 Pg1 1 #20417 Fain 1075 310 CIVIR 40.1099 Exhibit C-AIL Opinion 1600 Osgood StreetlForrner Merrimack Valley Works North Andover, Massachusetts Property, It was determined that a single AUL would be implemented to cover all Disposal Sites t the Merrimack Valley works for the following reasons: • The five Disposal Sites are all on the same parcel of land (Lot 1 7) and are located in close proximity to each other, • All Five of the Disposal Sites are related to the same manufacturing facility, • The areas between the Disposal Sites are also part of the manufacturing facility and were therefore potentially subject to the see uses and chemicals that resulted in the releases described above. For current and future conditions, a level of No Significant Risk was achieved because; 1. The portion of the property where the AFL will be implemented is currently used and will continue to be used solely for commercial and industrial purposes; 2. Cumulative receptor risks for construction worker, utility worker, and adolescent visitor are below the cumulative receptor risk limits established by the Massachusetts Department of Envirommental Protection; . Concentrations in soil are below Upper Concentration Limits, 4. No risks to public safety or welfare are present; and . A Stage I Environmental Screening indicates a condition of No Significant Rik is present for environmental receptors. In addition, for future conditions a level of No Significant Risk will be maintained provided that: 1. Access to contaminated soils is prevented by buildings/pavement or 3 feet ofclean soil; 2. There is compliance with the soil excavation and management provisions, and obligations of the AT. L; . Residential,1, schools for kindergarten through I2'h grade, day care and recreational uses where children under 19 years of age could be present are not permitted(this means children will only be permitted in the portion of the site covered by the AI_TL as visitors, or customers of commercial enterprises(inclusive of retail or manufacturing activities) and that they cannot regularly occupy the area covered by the A ; . 4. Use of the portion of'the property covered by the AUL for growing offruits and vegetables for human conunnption is not permitted; and . An AUL is placed on the Disposal Site that maintains these conditions. Bk 11271 P 1 2 #20417 Form 1075 310 CM R 40.1099 Exhibit C—AUL Opinion 1600 Osgood Street/Former Merrimack Malley Works Forth Andover, Massachusetts Evaluation of the exposure scenarios conducted as part of the risk characterization assumed that: The on-site worker would be exposed 5 days per week, 260 days per year for a period of 25 years, 0 The construction worker would he exposed 5 days per week over a period of months, e A utility worker for 1 day per year over a period of 20 years or 20 days in a single year, and a A landscaper for 2 days per week, 7 months per year over a period of 20 gears, 9 An older child to 18 years)would trespass 62 days per year, 0 Children less than 19 years of age would visit the facility for commercial uses but would have no contact with contaminated soil. Because unacceptable future risks could occur if current conditions were to change, the imposition of an AUL is appropriate in order to maintain a condition of No Significant Risk for reasonably foreseeable future uses. Currently, the reasonably foreseeable anticipated future use of the Portion of the Property is for commercial/industrial use. MCP Closure Documentation After the completion of field investigations, site conditions were evaluated to determine if a Permanent Solution could be reached. used on the results of the site assessments, Method Risk Characterizations were conducted that demonstrated a condition of No Significant Risk exists at the various Disposal Sites, provided an ALL is filed for the Disposal Site to control future uses, Response Action Outcome Statements will be filed for the individual Disposal Sites as discussed above following attainment of the cleanup objectives for those sites. Bk 11271 Pg1 3 #20417 Form 1075 310 CM R 40.1099 Exhibit C—AUL Opinion 1600 Osgood Street/Former Merrimack Valley Works [North Andover, Massachusetts Obligations Obligations are placed on the Owner of the Portion of the Property if activities related t construction and utility work are conducted that disturb contaminated soils. The Disposal Site has localized elevated levels of VCs and metals. These areas, if disturbed, are required to be managed in accordance with sol*l management and health and safety practices as specified by 3 1 CIVIL 40.0000 and the Obligations specified in this Notice of AUL. If future construction activities are anticipated related to soil excavation whereby contaminated soils will be excavated, disturbed or relocated the provisions of Paragraph 3. i and (ii) of this AUL will be followed. It is not the intent of this AUL to require that LSP oversight and monitoring in the AUL Area be required if such superficial activities such as pavement removal or replacement are initiated. The degree of oversight and monitoring will be specified in the Soil Management Plan and Health and Safety Plan. The AUL Area extends to portions ofthe disposal sites where there are no documented soil impacts above the groundwater table. Bk 11271 Pg1 4 #20417 Form 1075 310 CM R 40.1099 Exhibit D—BWSC Form 113 and 11 3A 1600 Osgood Street/Former Merrimack Valley Works North Andover, Massachusetts Exhibit Massachusetts Department of Environmental Protection Activity and Use Limitation Opinion Form BWSC 11 (See Following Fes Bk 11271 P 1 5 #20417 Massachusetts Department of Environmental Protection Bureau f as Site Cleanup wS ACTIVITY& USE LIMITATION AUL OPINION FORM Release Tracking Number Pursuant to 310 CIVIR 4 _1 0.1070-40.1084(Subpart J 174 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: IFIVIRLUCENT TECHNOLOGIES MVW 2. Street Address: 1600 D ST 3. ity[Town: t RTH AND OVER 4. ZIP Code: 101845-4000 B. THIS FORM IS BEING USED TO. (check one) F71 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. . Provide the LSP Opinion for an Evaluation of Changes In Land Uses/Activities and/or Site Donditlens after a Response Action Outcome Statement,pursuant to 310 CIVIR 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 CIVIR 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). Ej . Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CIVIR .1 3 1 d . 6. Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1 71. 7. Provide the LSP Opinion for are Amendment of a Grant of Environmental Restriction,pursuant to 310 CM R 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). . Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 4 .1083 1 (c). F� 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 (B C11 )must be completely filled out, printed, stamped,signed with black ink and attached as an exhibit to the A L Document to be recorded and/or registered with the Registry of Deena and/or Land Registration Office.) C. AUL INFORMAT : 1. Is the address of the property subject to AUL different from the disposal site address listed above? OF" a. No E] b. Yes If yes,then fill out address section below, 2. Street Address: 3. City/Town: 4. ZIP Code: Revised:0 /2 12003 Page 1 of Bk 11271 Pg166 #20417 Massachusetts Department of Environmental Protection Bureau f Waste Site Cleanup B �1� I� ACTIVITY& USE LIMITATION AUL OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.10 40.1070-40.1084(Subpart J) 14 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with th is 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 CMR4.0 (1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and iii)the provisions of 309 CIVIL 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice ofAcdvity and Use LIMNation is being registered a dlor 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 C M R 40.0000 and(ii)complies with 310 CIVIR 40.107 4; ff Section 8 indicates that are Evatuaftn of Changes to Land usesfActtvid s anch or Site Condidons after a Response Actlon Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 1 E and 310 CIVIR 40.0000 and(ii)oomplies with 310 CNI R 40.1080; if Section B indicates that an Amended Notice ofActivity and Use LIMMation or Amendment to a Grant of Environmental Resctton is being registered andor 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 C M R 40.0000 and ii)complies with 40.10 1; if Section B indicates that a Termination or a Partial Termination of Notice ofActiv ty and Use Ltrrrttadon,or a Release or Rarilal Relaese 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 CM 40.0000 and 00 complies with 310 CIVIL 0.1083; if Section B indicates that a Grant of Environmental Ros dctlon is being registered armor 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 0.1071; if Section B indicates that a ConfFrmatory A ctivlty and Use Limitation is being registered andlor recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of IUD.G.L.c.21E and 310 CM R 40.0 00 and ii complies with 310 CM R 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 , . First Name: :,JAMES J 3. Last Name: ISOUKUP 4. Telephone: 1(603) - 4 . Ext: 1 1 6. FAX: Signature: 3. Date: /2MC4$7 1711 1/ I'r'I ddiy ]y g. LSP Stamp: OF i J. SOUKUR Revised:0 1 l 003 Page 2 of f Bk 11271 Pg1 7 #20417 1600 Osgood Street, LL MANAGER' S CERTIFICATE OF INCUMBENCY VALIDITY AND NO ADVERSE CHANGE I, Drit Goldstein, duly elected manager of 1600 Osgood Street, LL , a Massachusetts limited liability company, hereby certify that the Consent Action and Votes attached hereto were duly consented to by all of the Managers on July 29, 2008. I further certify that said Consent Actions and Votes are in accordance with law and the operating Agreement and Certificate of Formation of the Company, and that said Consent Actions and Votes are presently in full force and effect and have not been adversely affected by any other Consent Action or Vote of the Company. I further certify that the following named persons are the present and current Managers of this Company. Manager: orit Goldstein I further certify that the following named persons have been duly authorized by the Manager and Members to execute any and all other required documents in behalf of this corporation, and the signatures set forth opposite their respective names are their respective and true signatures. oit Goldstein Manager Bk 11271 Pg168 #20417 Executed this th day of ,Tiny, 2008 . 1600 Osgood Street, LL By: Grit Goldstein Manager