RFOLEYFOLEY* SCANNED HOAG LLP ATTORNEYS AT LAW
Adam Kahn Boston Office 617.832.1206 June 9, 2004 akahonfoleyhoag.com
By Federal Express
Deborah A. Marshall 1) Chief Audit and Site Management Section Massachusetts Department of Environmental Protection JUN I 02004 Southeast Regional Office 20 Riverside Drive Lakeville, MA 02347
Re: Somerset -- BWSC/ASM Brayton Point Station Brayton Point Road RTN- 4-00158 Response to May 12, 2004 RAO Screening Review
Dear Ms. Marshall:
This letter is a follow up to our recent exchange of voice mail messages. We are environmental counsel to USGen New England, Inc. ("USGenNE") which received the Department's RAO Screening Review dated May 12, 2004. A copy of that document is enclosed for your convenience.
The RAO Screening Review stated that "the AUL recorded for your site is not referenced in subsequent property conveyance instruments, as required by the MCP. The property was granted to USGen New England by New England Power. The sale is recorded at the Bristol County Registry of Deeds on September 9, 1998. ... The deed into the new owner bore no reference, either marginally or by incorporation, to the AUL."
USGenNE has reviewed the deed from New England Power Company ("NEP") to USGenNE and determined that it did properly reference the AUL. Specifically, the "Deed and Assignment of Lease" pursuant to which NEP transferred Brayton Point Station to USGenNE ("Deed") contained a paragraph stating as follows: "The granted. premises are conveyed and assigned subject to and together with the benefit of all' matters appearing of record at said Registry of Deeds, including without limitation a notice of activity and use limitation recorded with said Registry of Deeds on July 25,
15/119411.1
Seaport World Trade Center West / 155 Seaport Blvd. / Boston, MA 02210-2600 / TEL: 617.832.1000 / FAX: 617.832.7000 Foley Hoag LLP BOSTON WASHINGTON, DC www.foleyhoag.corn Deborah A. Marshall June 9, 2004 Page 2
1997 in Book 3269, Page 306. See Associated Plan recorded with said Registry of Deeds in Plan Book 112, Pages 9 and 10.)" (emphasis added). I have attached a photocopy of the Deed, which was recorded at Book 3472, Page 212 on September 3, 1998 (not September 9, 1998, as stated in the RAO Screening Review), for your reference.
Based on the inclusion in the Deed, USGenNE respectfully believes that no further action is required to respond to the RAO Screening Review. However, if the Department has further questions, or believes that this interpretation is in error, please do not hesitate to contact me directly, so that appropriate action can be taken. Otherwise, we would appreciate confirmation from the Department that no further action is required.
Thank you for your attention to this matter.
Very truly yours,
Adam K
APK:lab Enclosure
cc: Kenneth L. Small Paula A. Hamel
15/119411.1 DI 'tIC341e ru C:ZIL 09/03/98 10:02 DOC. 15746
YBrayton Point 8/14/98
DEED and ASSIGNMENT OF LEASE
New England Power Company, a Massachusetts corporation ("Grantor") for consideration paid of $114,198,358.00 GRANTS to USGen New England, Inc., a Delaware corporation with a mailing address of 7500 Old Georgetown Road, 13th Floor, Bethesda, MD 20814 ("Grantee"), the land with the buildings and other improvements thereon, together with the rights appurtenant thereto, in Somerset, Bristol County, Massachusetts described in the deeds and other instruments of conveyance to the Grantor listed in schedule "Title Documents" attached hereto. The foregoing land and interests in land are herein called the Granted Premises. Without limiting the generality of the foregoing, for the consideration aforesaid the Grantor hereby ASSIGNS to the Grantee the leasehold estate created by the lease from the Commonwealth of Massachusetts to New England Power Company dated May 5, 1959 and recorded with Bristol (Fall River District) Registry of Deeds in Book 714, Page 63. By its acceptance hereof the Grantee agrees to pay and perform all of the lessee obligations under said lease.
Included in this grant is the transfer to the Grantee of the permits issued by the Department of the Army Corps of Engineers recorded with said Registry of Deeds in Book 1416, Page 32; Book 1090, Page 494; Book 1123, Page 1050; Book 1222, Page 80 and Book 1343, Page 192.
The Grantor, for itself and its successors, covenants with the Grantee and its successors and assigns, that the Granted Premises as described herein are free from all encumbrances made by the Grantor, and that it will, and its successors shall, warrant and defend the same to the Grantee and its successors and assigns forever against the lawful claims and demands of all persons claiming by, through or under the Grantor, but against none other.
Excepting and excluding from the Granted Premises all land and interests in land conveyed to third parties by the Grantor subsequent to the date of the deeds listed in schedule "Title Documents" by instruments recorded with Bristol (Fall River District) Registry of Peeds.
Also excepting and excluding from the Granted Premises the land and interests in land described in schedule "Exclusions" attached hereto.
Excepting from the Granted Premises and reserving to the Grantor the structures, facilities, rights and easements set forth in schedule "Reservations" attached hereto. The Granted Premises are conveyed and assigned subject to and together with the benefit of all matters appearing of record at said Registry of Deeds, including without limitation a Notice of Activity and Use Limitation recorded with said Registry of Deeds on July 25, 1997 in Book 3269, Page 306 (see associated plan recorded with said Registry of Deeds in Plan Book 112, Pages 9 and 10).
The Granted Premises do not constitute all or substantially all of the assets of the Grantor located in the Commonwealth of Massachusetts.
Executed as an instrument under seal the A4/20 day of August, 1998.
%0 NEW ENGLAND POWER COMPANY e rn C" 2, P1 -
C-A iAI In. 00 c4tn X~ c Lawrence . ailey ' 0 lame: ca -C' Title: President
Commonwealth of Massachusetts County of Suffolk, ss. August Q , 1998
Then personally appeared the above-named Lawrence E. Bailey, the President of New England Power Company and acknowledged the foregoing to be the free act and deed of New England Power Company, before me
C0 C WI- CI- Notary Public Cn a6 _A: g% 0 WD My commission expires(vIeL ..Qf i2O C 0
STEPHEN P.NAPOUTANO, Notary Pubit My Commission Expires July 28, 2000
00 01 1 DEEDS REG DEEDS REG 05- DEEDS REG 05 DEEDS R$E .05 BRISTOL bray' BRISTOL BRISTOL 'BRISTOL 09/03/98 09/03/PS I09/03/98 09/03k9 C L~tEL OOO A2ANCELL ED -2- TAX 99000 TAX 99000.80. TAX : 99744.5 CHCK *99P00 .00 CHCKr99000.00 TAX 99000-00 CHCK 99744.51 CHCK. 99000.00 016 4A0 b 6 :39 0165A000 09:39 0W61A000 09:38 EXCISE. TAX :EXCISE TAX 0162A000"09:38 EXCISE TAX rXCISE TAX The Granted Premises are conveyed and assigned subject to and together with the benefit of all matters appearing of record at said Registry of Deeds, including without limitation a Notice of Activity and Use Limitation recorded with said Registry of Deeds on July 25, 1997 in Book 3269, Page 306 (see associated plan recorded with said Registry of Deeds in Plan Book 112, Pages 9 and 10).
The Granted Premises do not constitute all or substantially all of the assets of the Grantor located in the Commonwealth of Massachusetts.
Executed as an instrument under seal the d4±.43 day of August, 1998.
NEW ENGLAND POWER COMPANY
Name: Lawrence Eailey Title: President
Commonwealth of Massachusetts County of Suffolk, ss. August 1998
Then personally appeared the above-named Lawrence E. Bailey, the President of New England Power Company and acknowledged the foregoing to be the free act and deed of New England Power Company, before me
Notary Public
My commission expire9k oi&$O00
STEPHEN P.NAPOUTANO, Notary Pubi My Commission Expires July 28, 2000
marjow/104625.172/deeds/brayton
-2- BRAYTON POINT STATION
SCHEDULE OF TITLE DOCUMENTS
GRANTOR DATE - BOOK PAGE Carpenter & Co., Inc. NEP' 10/15/56 667 386 Warren R. Chace, Constance E. NEP 7/15/98 3445 231 Chace, Elsbeth B. Hersey and Raymond L. Chace Commonwealth of Massachusetts NEP 5/5/59 714 63 Department of Public Works
Slade Realty Corp. - NEP 12/29/59 725 38
'I NOTE: All recorded instruments were recorded with the Bristol Fall River Registry of Deeds.
1NEP = New England Power Company
c:Modecgeneralcdsytancsb Page 1 7/15/98 BRAYTON POINT STATION
SCHEDULE OF EXCLUSIONS
There are excepted and excluded from this conveyance all rights and easements held by the Grantor relating to the transmission and distribution of electric energy and for communication purposes, now existing pursuant to instruments recorded in the office for recording deeds for the county or town, as applicable, where the real property is located.
b7che.cs Brayton Point August 7, 1998
Schedule of Reservations
In connection with the reservation by the Grantor and exclusion from this sale of the business of, and assets associated with, the transmission and distribution of electricity, the Grantor excepts, reserves and retains title to the following structures, facilities, equipment, rights and easements:
1. The exclusive perpetual right and easement to construct, reconstruct, install, repair, replace, maintain, operate and patrol, for the transmission of high and low voltage electric energy and for the transmission of intelligence, lines of buried and above-ground wires and cables and lines of towers or poles or both (which may be erected at the same or different times), with wires and cables strung upon and from the same, and all necessary ducts, conduits, raceways, manholes, hand holes, riser poles, foundations, anchors, guys, braces, fittings, equipment and appurtenances, including a buried ground wire and such footbridges, causeways and ways of access, if any, as may be reasonably necessary for the convenient construction, operation, maintenance, inspection and patrolling of said lines, over, under, through, across and upon the strip(s) of land in Somerset, Bristol County, Massachusetts shown as Transmission Easement on a plan entitled Exhibit BP, sheet 1 of 1, latest revision dated March 19, 1998 and attached hereto as Exhibit BP, and to excavate so much thereof as is reasonable, necessary and proper in connection with the exercise of the foregoing rights.
Also the perpetual right and easement from time to time, without further payment therefor, to clear and keep cleared by physical, chemical or other means, said strip(s) of trees, underbrush and above and below ground structures (the first clearing may be for less than the full width and may be widened from time to time to the full width) and to renew, replace, add to and otherwise change the lines and each and every part thereof and all appurtenances thereto and the location thereof within said strip(s); and to pass along said strip(s) to and from the adjoining lands and to pass over the granted premises to and from said strip(s) as reasonably required.
By its acceptance hereof the Grantee covenants and agrees that no act will be permitted within said strip(s) which is inconsistent with the rights hereby reserved; that no buildings or structures will be erected or constructed within said strip(s); and that the present grade or ground level of said strip(s) will not be changed by excavation or filling. 2. The perpetual right and easement to construct, reconstruct, install, repair, replace, maintain and operate electrical substation equipment within the area designated Substation Easement on said plan, and to excavate so much thereof as is reasonable, necessary and proper in connection with the exercise of the foregoing rights, such electrical substation equipment including, but not limited to, power transformers; circuit breakers; disconnect switches; control, protection, revenue metering and SCADA equipment; reactive equipment (capacitor banks and shunt reactors); lightning arrestors; DC power sources (batteries and chargers); AC power sources (station service transformers and connections); control houses and microwave enclosures; communications equipment; support structures; and buried and above- ground electrical control and power cables. The use of the Substation Easement area shall be in common with the use thereof by the Grantee and neither party shall unreasonably interfere with the operations of the other party within the Substation Easement area.
3. The Perpetual right and easement: to construct, reconstruct, install, repair, replace, maintain and operate communications equipment on the communication tower(s) presently existing on the granted premises; to reconstruct, repair, replace, maintain and operate such existing tower(s); and to reconstruct, repair, replace, add to, maintain and operate all passive microwave reflectors now located on the granted premises.
By its acceptance hereof the Grantee covenants and agrees not to construct new structures or engage in other activities which might interfere with the continued operation or usefulness of such equipment.
4. The perpetual right and easement to construct, reconstruct, install. repair, replace, maintain and operate existing electrical control and power cables and associated equipment for substation operation including, without limitation, cable trays, conduits and duct banks, and to add to the same as reasonably necessary for the operation of the Grantor's facilities, between the Substation Easement area shown on said.plan and the equipment described in paragraph 5 below within the generating plant facility on the granted premises, and to excavate areas outside of the generating plant facility as is reasonable, necessary and proper in connection with the exercise of the foregoing rights.
5. The perpetual right and easement to construct, reconstruct, install, add to, repair, replace, maintain and operate equipment associated with the transmission and distribution of electricity presently located within the generating plant facility being sold hereby, such equipment including, without limitation, control rooms; communications equipment; protective relays and systems, revenue meter and SCADA rooms or locations; and transmission and distribution cabling interfaced points and electrical equipment. The Grantee shall administer the allocation of unoccupied space within ducts, cable trays and similar facilities in a manner to insure
2 that good utility practices are followed. Any equipment and facilities installed by the Grantor within the.generating plant facility in locations different from existing locations shall be in locations mutually agreeable to the Grantor and the Grantee and in accordance with good utility practices. Neither the Grantor nor the Grantee shall unreasonably interfere with the operations of the other party within the generating plant facility.
6. The perpetual right and easement to pass and repass over the granted premises on foot and in vehicles at all times for the exercise of the rights and easements described in the foregoing paragraphs, such right and easement to be exercised in a manner that will not unreasonably interfere with the operations of the Grantee on the granted premises.
In the event of the permanent abandonment, in whole or in part, of an easement reserved to the Grantor herein, the Grantor will provide written notice thereof to the Grantee and will cause to be recorded in the applicable land title recording office an instrument sufficient to release the Grantor's rights in such portion of the easement as has been permanently abandoned.
It is the intention of the parties that the rights and easements hereby reserved to the Grantor shall be assignable. Insofar as permitted by law, the provisions hereof are intended to bind and inure to the benefit of the successors and assigns in title to the parties hereto.
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COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700
MITT ROMNEY ELLEN ROY HERZFELDERt Governor Secrerarv I ' KERRY REALEY ROBERT w. GOLLEDGE, Jr. Lieutenant Governor
May 12, 2004 Mr. Kenneth L. Small, Environmental Manager RE: SOMERSET--BWSC/ASM USGen New England Brayton Point Station Brayton Point Station Brayton Point Road a P.O. Box 440, Brayton Point Road RTN 4-00158 Somerset, Massachusetts 02726 LIN 1'
RAO SCREENING REVIEW SUMMARY OF AUL COMPLIANCE REVIEW/ INTERIM DEAD 4LNE C I AUL FIELD INSPECTION AUDIT FINDING
Dear Mr. Small:
On July 3, 1997, the Massachusetts Department of Environmental Protection (the Department) received a Class A-3 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL) for the above-referenced site. On August 5, 1998, the Massachusetts Legislature enacted the "Brownfields Act" which called on the Department to conduct targeted audits of sites at which Activity and Use Limitations (AULs) have been implemented, in order to ensure that these sites meet the requirements of Massachusetts's laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts Contingency Plan (MCP). The Department's audit of this site consisted of an RAO screening review, an AUt Compliance Review, and an AUL Field Inspection to observe the condition of the area subject to the AUL
RAO SCREENING REVIEW
A screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at http://www.state.ma.us/dep/bwsc/audits.htm. Based on the screening review of the RAO, the Department is not directing you to undertake further response actions at this time with regard to the RAO. Please note, however, that the review conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit of the RAO, if one
This inform alion isavailale in MalItitnate fornaI. Call Debra Doherty, ADA Coordinator go 617-292.5$56. TOD) Service - 1-8011-29N2107. DEP on the World Wide Web: http://www mass govidep 0 Printed on Recycled Paper Brayton Point Road, Somerset, MA Page 2 Notice of Audit Findings RTN 4-00158
occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site.
AUL COMPLIANCE SCREENING AUDIT
Using a standard checklist, the Department performed a compliance screening audit of the AUL instrument to ensure that the AUL instrument was prepared in conformance with and meets MCP requirements. The Department's checklists are available on the Internet at htp://www.state.ma.us/dep/bwsc/files/audits/screen.htm.
Applying the procedures referred to above, the Department has identified the following error in the AUL that requires correction. Specifically:
The Department has discovered that the AUL recorded for your site is not referenced in subsequent property conveyance instruments, as required by the MCP. The property was granted to USGen New England by New England Power. This sale is recorded at the Bristol County Registry of Deeds on September 9, 1998. As part of the terms of the AUL, the owner(s) were to "incorporate the AUL either in full or by reference in all 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 petition thereof, is conveyed (Form 1075). The purpose of this reference is to ensure that the AUL appears in the chain of title and the public is notified of its existence. The deed into the new owner bore no reference, either marginally or by incorporation. to the AUL.
To correct this error, you must implement a Ratification of Notice of Activity and Use Limitation within 180 days of the date of this letter, using the enclosed form and instructions. It is the responsibility of both the former and current property owners to correct this error. The Department has prepared forms and detailed instructions for implementing the required AUL corrections. Copies of the forms and instructions are attached as Attachment A. and are available on the Department's AUL Audit Project web page: Alternatively, you may submit a new RAO Statement within 180 days of the date of this letter, documenting the achievement of a Class A-I, A-2 or B-I RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk).
This is an enforceable Interim Deadline issued pursuant to M.G.L. c. 21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you may be subject to enforcement action by the Department. Please note that this deadline relates olv to the AUL error identified above.
You do not need further Department approval to take the actions the Department has specified. However, to avoid further enforcement actions, you must complete the additional actions and submit a Post-Audit Completion Statement in accordance with 310 CMR 40.1170. Brayton Point Road, Somerset, MA Page 3 Notice of Audit Findings RTN 4-00158
AUL FIELD INSPECTION AUDIT FINDING
On April 30, 2004, the Department conducted an AUL Field Inspection at the location identified above to observe conditions related to an area subject to a Notice of Activity and Use i Limitation. In particular, the AUL field inspection focused on activities and uses consistent with | the terms and conditions of the AUL and whether obligations and conditions required to maintain I a condition of No Significant Risk were being met.
The AUL at the site restricts a portion of the disposal site at the property. The AUL area includes the air compressor building and the bermed area surrounding the aboveground storage tanks (ASTs). The AUL restricts residential use of the property and allows for short-term excavation projects within the AUL area. If excavation projects exceed a certain time frame, then the AUL requires that health and safety and soil management practices be instituted.
The Department did not identify any violations of the requirements applicable to the Activity & Use Limitation (AUL) at the site. A copy of the AUL Field Screening Form is attached (Attachment 13).
POST AUDIT COMPLETION STATEMENT REQUIRED
When the AUL Error is corrected, you should submit a Post-Audit Completion Statement to the Department in accordance with 310 CMR 40.1170. A copy of the Post Audit Completion Statement form established by the Department (BWSC-11T) is attached (Attachment C), and should be sent to Kathryn Carvalho's attention at the letterhead address when completed.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to Stephen B. Ransom, LSP # 4601, the LSP-of-Record for the Disposal site.
LIMITATIONS AND RESERVATION OF RIGHTS
Please note that the screening review conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs, may identify violations of applicable laws and regulations, may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c.2 IE, 310 CMR 40.0000, or any other laws, regulations, or requirements.
The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The Brayton Point Road, Somerset, MA Page 4 Notice of Audit Findings RTN 4-00158
Department retains authority to take or arrange, or to require any Responsible Party or Potentially Responsible Party to perform, any response action authorized by M.G.L. c.21E that the Department deems necessary to protect health, safety, public welfare, or the environment.
If you have any questions regarding this letter, or any of its requirements, please contact Kathryn Carvalho at (508) 946-2742. Please reference Release Tracking Number 4-00158 in any future correspondence to the Department regarding the site. The Department appreciates your cooperation in this matter.
Sincerely,
Deborah A. Marshall, Chief Audit & Site Management Section
M/KC/rr Ongoing audits/2 1/Level II/4-00158/noaf
CERTIFIED MAIL # 7003 3110 0001 4364 1163
Attachments: A. Instructions for Implementing a Ratification of Notice of Activity and Use Limitation B. AUL Field Screening Form C. Audit Follow-up Plan Transmittal Form & Post-Audit Completion Statement (BWSC-1l 1) fc: Board of Selectmen Board of Health Town of Somerset Town of Somerset Somerset, MA 02726 Somerset, MA 02726 508-646-2802 508-646-2802 Building Inspector/Zoning Code Enforcement Official Town of Somerset Somerset, MA 02780 508-646-2802 ec: Mr. Stephen B. Ransom, President DEP-SERO Ransom Environmental Consultants, Inc ATTN: Data Entry, Brown's Wharf AUDCOM NAFNVD Newburyport, MA 01950 RAO/AUL TSAUD sransom(aransomcnv.com AUL SNAUDI C&E INTLET COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE. LAKEVILLE, MA 02347 508-946-2700
MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary
KERRY HEALEY ROBERT W. GOLLEDGE, Jr. Lieutenant Governor ComAissioner
Correcting AULs Implemented On or Before October 29. 1999
Instructions for Implementing a Ratification of Notice of Activity and Use Limitation
The following instructions apply to Ratification of Notice of Activity and Use Limitation (Ratification) used to correct mistakes in Activity and Use Limitations (AULs) that were recorded on or before October 29, 1999. The purpose of the Ratification is to provide supplemental information not contained in the original AUL, to help ensure that a condition of No Significant Risk is maintained at the property subject to the AUL.
Do not implement a Ratification unless you have been directed to do so by the Department of Environmental Protection in a Notice of Audit Findings (NOAF). Be sure to carefully read the NOAF issued to you by the Department, which will indicate whether you should implement a Ratification, or instead, implement a different remedy using a different set of forms and instructions. Carefully read this entire set of instructions before you begin preparing a Ratification.
These instructions do not apply to Confirmatory Notices of Activity and Use Limitation used to correct AULs recorded on or after October 30, 1999. 'The procedures to be used in such cases are set forth at 310 CMR 40.1085.
If you have been directed to implement a Ratification, you will need to take the following steps:
. Gather all necessary documents and information I. Complete DEP's "Ratification of Notice of Activity and Use Limitation" form (the Ratification form) III. Attach an LSP Opinion and Form BWSC-1 14, if necessary IV. Record the Ratification and attachments at the Registry of Deeds, or register them with the Land Court as appropriate V. Publish information about the ratification in a local newspaper V. Send copies of the Ratification to local officials VI. Send copies of the Ratification, newspaper publication and recorded survey plans to DEP
This inforimation is avnilhble in alternate format Call Debra Doherty, ADA Coordinaftor aa617-292-5565. TDD Service - 1-800-298-2207. DcP cn Te World Wide WeIx http.iwww.mass govfdep Q0 Printed on Recycled Paper Below is a detailed discussion of each step.
. Gather all necessary documents and information
To prepare a Ratification, you will need the following documents and infbrmation:
I) A copy of DEPs "Ratification of Notice of Activity and Use Limitation" form (Ratification form). A copy of the Ratification form was included in your NOAF and is also available electronically on the World Wide Web at http://www.state.ma.us/dep/bwsc/audits.htimn. If you do not have access to the Internet, contact Tom Potter at (617) 292-5628 to obtain a copy of the form.
2) A copy of the original AUL that was filed at the Registry of Deeds or Land Court. You will need the following information from the original AUL:
" The name(s) of the person(s) who signed the original AUL;
* The date the original AUL was recorded at the Registry of Deeds or registered with the Land Court;
* The Registry of Deeds at which the original AUL was recorded, or the Land Court Registry District at which the AUL was iegistered;
* The Book number and Page number of the original AUL as assigned by the Registry of Deeds, or the Document number of the original AUL as assigned by the Land Court, whichever is applicable; and
" The area affected by the original AUL (i.e., does the AUL affect the entire property or only a portion of the property?).
3) The Release Tracking Number (RTN) for the disposal site. The RTN is listed on DEP's Notice of Audit Findings (NOAF) for the site, and should also be listed at the top of the first page of the original AUL.
4) The city/town and county in which the property subject to the AUL is located.
5) The name(s) and address(es) of the current property owner(s). If the property is jointly owned (e.g., by a husband and wife), this information is required for each joint owner.
6) The identity and location of the recorded instrument (deed, certificate of title, or other document) by which the current property owner(s) obtained title to the property.
7) The AUL Opinion on which the original AUL was based, if an AUL Opinion existed when the original AUL was recorded but was inadvertently not recorded with the original AUL.
I - I. Complete DEPs "Ratification of Notice of Activity and Use Limitation" form the Ratification form)
Edit the Ratification form, as follows:
1. First Paragraph
This Ratification of Notice of Activity and Use Limitation ("Ratication") is made as of this day of 20__, by [Name and address of property owner(s)], together with his/her/its/their successors and assigns (collectively "Owner,.
L.A Enter the following information, in the appropriate spaces:
1 A. 1 The date on which the Ratification will be recorded at the Registry of Deeds or- registered with the Land Court. I .A.2 The name(s) and address(es) of the person(s) who will sign the Ratification (i.e. all current property owner(s)).
1.B Do not make any other changes to this paragraph.
2. Second Paragraph (First "Whereas" Clause):
WHEREAS, Owner is the owner in fee simple of [a] certain parcel[s] of land located in _ [Town/City], County, Massachusetts ("Property'), pursuant ro [a deed recorded with the County Registry ofDeeds in Book , Page _ I[Certificate of Title No. issued by the _____ County Land Court Registry .Distric]fsource oftitle other than deedj
2.A If multiple parcels are affected by the AUL, change "[a] certain parcel[s]" to "certain parcels." Otherwise, change "[a] certain parcel[s] to "a certain parcel."
2.3 Enter the following information in the appropriate spaces:
2.1B.1 The city/town and county in which the property is located. 2.3.2 The location of the recorded instrument (deed, certificate of title, or other document) by which the currentproperty owner(s) obtained title to the property.
2.C Do not make any other changes to this paragraph.
Exanple:
WHEREAS, Owner is tbe owner in fee simple of certain land loca ed in Boston, Suffolk County, Massachusetts ("Pronertv"), pursuant to a deed recorded with the Suffolk County Rezisrv of Deeds in Book 123, Page 456
7/26/00 3 3. Third Paragraph (Second "Whereas" Clause)
WHEREAS, the Propertycomprises a disposal site, or part of a disposal-site, as the result of a release of oil and/or hazardous material ("the Disposal Site'). Response actions have been selectedfor the DisposalSite in accordance with AM G.L. c.21E ("Chapter 21E) and the Massachusetts Contingency Plan, 310 CMR 40. 0000 ("the MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous materialin soil and/or groundwater,and/or (b) the restriction of certain activities occurring in, on, through, over or under the Property or a portion thereof The Department of Environmental Protection has identfied the DisposalSite as Release Tracking Number -
3.A Enter the Release Tracking Number for the site in the appropriate space.
3.B Do not make any other changes to this paragraph.
4. Fourth Paragraph (Third "Whereas" Clause)
WHEREAS, on [date], (owner named in OriginalNotice of AUL] filed a Notice of Activity and Use Limitation with the / County Registry of Deeds in Book Page _ _[_ _ County Land Court Registy District as Document Number J imposing an activity and use limitationon [a portion of] the Property ('the OriginalA UL",). The [Property][portionof the Propery] affected by the A UL is hereinafterreferred to as "the A UL Area" The A UL describes activities and uses that are permitted within the AUL Area, and defines obligations and conditions that must be maintained I within the AUL Area The A UL also describes uses and activities which, if carried out within the A UL Area, P could result in Significant Risk to health, safety, public welfare or the environment due to potential exposure to residualcontamination [A Licensed Site Professionalhas issued an Activity and Use Limitation Opinion ("A ULT Opinion'), certfying that the use restrictions set forth in the OriginalAUL are appropriate to maintain a condition of No Significant Risk at the DisposalSite. The AUt Opinion was attached to the OriginalAUL];
4.A Enter the following information in the appropriate spaces:
4.A. I The date the original AUL was recorded or registered. 4.A.2 The name(s) of the person(s) who signed the original AUL. 4.A.3 The Registry of Deeds at which the original AUL was recorded, or the Land Court Registry District at which the original AUL was registered, whichever is applicable. 4.A.4 The Book number and Page number of the original AUL, as assigned by the Registry of Deeds, or the Document number as assigned by the Land Court Registry District, whichever is applicable.
4.B If the AUL affects only a portion of the property, select the language regarding "a portion of the property." Otherwise, select "the property."
4.C If the original AUL included an AUL Opinion, remove the brackets surrounding the last two sentences of this paragraph. Otherwise, delete the last two sentences.
4.D Do not make any other changes to this paragraph.
7/26/00 4 Exampje of an AUL on unregistered tand, affecting a portion of the property, where the original AWL included an AUL Opinion:
WHER EAS, on January 1, 1995, John Smith recorded a Notice of Activity and Use Limitation with the Suffolk County Registry of Deeds in Book 123, Page 456 affecting aportion ofthe Property ("the Original A UV). The portion ofthe Propertyaffected by the AUL i hereinafter referred to as "the AUL Area. " The AUL describes activities and uses that are permitted within the AfU Area, and deines obligationsand conditions that must be maintained within the A UL Area. The AUL also describesuses andactivities which, if carriedout within the A UL Area, could result In SignificantRisk to health, safety, public welfare or the environment due to potential exposure to residual contamination A L icensed Site Professionalhas issued an Activity and Use Limitation Opinion ("AUL Opinion'), certifying that the use restriction set fbrth in the OriginalA U are appropriateto maintain a condition of No Signficant Risk at the DisposalSite. The A UL Opinion was attachedto the OriginalA UL;
5. Fifth Paragraph (Fourth "Whereas" Clause)
WHEREAS. ra4fication and confirmation of the Original AUL by the Owner is necessary to ensure thai a condition of No Signficant Risk is maintainedat the DisposalSite.
Do not nake any changes to this paragraph.
6. Sixth Paragraph ("Now. Therefore" Clause)
NOW THEREFORE this Ratification is given to correct the following error(s)made in the OriginalA U;
Do not make any changes to this paragraph.
7. Seventh Paragraph (First- Optional Corrective Clause)
[The OriginalA UL was based on an Activity and Use Limitation Opinion ("A UL Opinion") prepared by a Licensed Site Professionalprior to the recording of the OriginalA UL. The AUL Opinion was erroneously not attached the OriginalA L, but is attached hereto as Exhibit A and made a part hereof]
If (i) the NOAF for the site indicates that the original AUL did not include an AUL Opinion prepared by an LSP, and (ii) an AUL Opinion existed when the original AUL was recorded but was inadvertently not recorded therewith, remove the brackets at the beginning and end of the paragraph. Otherwise, delete this optional paragraph.
8. Eighth Paragraph (Second Optional Corrective Clause)
[The OriginalAUL was not signed by all of the persons who owned the property at the time the OriginalAUL was recorded;]
If the NOAF for the site indicates that the original AUL did not contain all required signatures, remove the brackets at the beginning and end of the paragraph and make no further changes to this paragraph. Otherwise, delete this optional paragraph.
7/26/00 5 9. Ninth Paragraph (Third Optional Corrective Clause)
[A survey plan of the A UL Area was recordedprior to or simultaneously with the Original AUL, but was not referenced therein. The survey plan is located [in the County Registry of Deeds in Plan Book , Plan [Jfin the County Registry as Land Court Plan NVo. Jj
If (i) the NOAF for the site indicates that the AUL did not adequately define the boundaries of the restricted area, and (ii) a recorded survey plan of the AUL area existed at the time of the original AUL but was inadvertently not referenced therein, remove the brackets at the beginning and end of the paragraph and enter the Land Court Plan Number or Registry Plan Book and Plan Number in the appropriate spaces. Otherwise, delete this optional paragraph.
If the AUL did not adequately define the boundaries of the restricted area, and a survey plan of the AUL area did not exist at the time of the original AUL, you must record an Amendment of Notice of Activity and Use Limitation rather than a Ratification.
10. Tenth Paragravh (Fourth Optional Corrective Clause)
[After the OriginalA UL was recorded the property affected by the A UL was transferredfrom (seller/grantorof property) to (buyer/grantee of property) without referencingthe AUL on the deed or other instrument of transfer.]
If the NOAF for the site indicates that the AUL was transferred without reference to the AUL as required by Form 1075, remove the brackets at the beginning and end of the paragraph and enter the names of the buyer/grantor and buyer/grantee. Otherwise, delete this optional paragraph.
11. Signatures
Each person named as an owner in the first paragraph of the Ratification must sign the Ratification form. The Ratification must also be signed and sealed by an LSP. All signatures must be dated and notarized.
II. Attach LSP Opinion and Form BWSC-114. if necessary
1) If an AUL Opinion existed when the original AUL was recorded, but was inadvertently not recorded with the AUTL, the Opinion should be labeled as "Exhibit A" and attached to the Ratification.
2) If an AUL Opinion is attached as Exhibit A, Form BWSC- 114 must also be provided, signed and sealed by the LSP who prepared the AUL Opinion. This form should be attached to the Ratification as part of Exhibit A.
IV. Record the Ratification and attachments at the Registry of Deeds, or register them with the Land Court as appropriate
7/26/00 6 If the property subject to the AUL is registered land, register the Ratification at the appropriate Land Court Registry District. If the property is unregistered, record the Ratification at the Registry of Deeds and ask the Registrar to marginally reference the Ratification on the original AUL and on the deed (or other instrument) by which the current property owner(s) obtained title to the property. Obtain a certified copy of the Ratification after it has been recorded. You will need a certified copy to send to DEP, and should keep a copy for your records. If the property is unregistered land, obtain a copy of the original AUL and the deed (or other instrument) by which the current property owner(s) obtained title, bearing the marginal references to the Ratification. To obtain a copy of the original AUL and the deed (or other instrument) bearing the marginal references, you will need to go back to the Registry of Deeds after the marginal references have been placed on the documents.
V. Publish Information about the Ratification in a Local Newspaper
Within 30 days of recording or registering the Ratification, publish a legal notice in a local newspaper, briefly describing the Ratification. The legal notice must be published in a newspaper circulated in the community or communities in which the property subject to the Ratification is located, and must contain the following information:
I. The address of the property subject to the Ratification; 2. The Release Tracking Number assigned to the site by the Department of Environmental Protection; 3. The name of the current property owner; 4. The fact that a Ratification was recorded or registered, identifying activities and uses that are permitted and restricted at the subject property due to the presence of residual contamination; 5. The Registry of Deeds, Book and Page number at which the Ratification is recorded, or the Land Court Registry District at which the Ratification is registered; and 6. The name, address and telephone number of a person (e.g., you, your consultant or attorney) from whom the public can obtain additional information.
V. Send Copies of the Ratification to Local Officials
Within 30 days of recording or registering the Ratification, send a copy of the recorded or registered Ratification to the following officials in the community or communities in which the property subject to the Ratification is located:
1. The Chief Municipal Officer; 2. The Board of Health; 3. The Zoning Official; and 4. The Building Code Enforcement Official.
VI. Send Copies of the Ratification and Newspaper Publication to DEP
After the legal notice described in Section V is published, submit a copy of the recorded or registered Ratification, certified by the Registrar of Deeds, along with a clipping of the published
712600 7 legal notice, If the property is unregistered land, submit to DEP a copy of the original AUL and the deed (or other instrument) by which the current property owner(s) received title, each bearing the marginal reference to the Ratification.
Timing & Deadlines
All of the steps listed above must be completed within 180 days of the date the NOAF was issued to you by the Department. To ensure that you meet this deadline, you must record or register the Ratification well in advance of the 180 day deadline, to allow sufficient time for publication of the legal notice described in Section V and for the marginal referencing of the original AUL and deed as described in Section IV. You are responsible for ensuring that all deadlines are met.
For Further Information
Questions regarding Ratifications should be directed to Tom Potter, Statewide Audit Coordinator, at (617) 292-5628. The answers to frequently asked questions will be posted on the Department's World Wide Web page, http://www.state.ma.us/dep/bwsc/audits.htm.
7/26/00 8 TRACKING NUMBER. MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION RELEASE Southeast Regional Office/Bureau of Waste Site Cleanup 0158. Ii AUL FIELD SCREENING FORM ONSom ~~1 I Site- Name 2 Fuel Oil Release Area, Brayton Point Station Contact Person M. Kenneth L. Small
Address: Brayton Point Road . Phone 58-646-5220
AUL INFORMATIONj(ikd out ky Screenig{ffice StaI) SITE INSPECTION (filled out by FieldStaf) Date AULfiled Description of AUL are at tine of filinig: Boundaries of AL area(s) identifiable? Yes o No July 25, 1997 * Building(s) * Pavement o Cap/Cover Complete access to all ALJt area(s)? a Yes a No aGrassed/Landscaped o Other Evidence of recent excavation/disturbance? o Yes i No Additional details/other ielevant info on AUL area(s): Evidence of recent construction? o Yes * No The AUL area- restricts apiortion of the disposal site. The area Reediation Waste present? o Yes * No subject to the AUL includes the air compressor building and-the Indication of potentially serious site conditions? a Yes No bermed area surrounding the ASTs. Signs are posted which Other Notes: clearly idenB the aref to the AoLN. of A rubject
PERMTED.AcCm AcNcUES t aTEs ObservedActivities and soes o. Residential *o,biycare a schoo o Playground a Residential o Daycare ao School Playground *Cmmercial industrial *s Excavation * Construction E Commercial * Industrial o Excavation a Construction o Recreation OaerlDetailslConditions: a Recreation Comments: facility operation, parking of vehicles and foot traffic aNo smal that does rnot result in disturbance of soils located greater than I Site activities at the property were consistent with the terms and foot below grade. conditions of the AUL. * Activities that involve contact wit concaminated'soils located greater than foot below grade, provided activities do not epose a worker, working hours a day, days a week for a -p esrqd tresulthini 13 weeks over twelve months. Activities that involve contact with contaminated soils located greater than 1 foot below gradethat expose a. woiker for a period of time exceeding that detailed above, that are performed in .accordanca withahealth anid safety/soil management plan. Provided that the above are complied with, the use, maintenance aid/or monitdring.of remediation related si-face and susurface structures, su h as soil -cap, geomembrane liner or other baiers to hunman exposure to subsurface 'conth mihation an ruda&moniitorini. wells. VIOLATION OBSERVED: * No a Yes o Possible
JIiconsisteat/Restricted Activitiest and:Uses .. Observed Activities and Uses
*Residential. -.y9 Day Cafe .* Schodi o Residential o Day Care o School ,6 Playground o. Park. 6 Recreation o Playground a Park a Recreation Construi&ion * Excavation * Disturbance o Construction o Excavation o Disturbance o Gardening: 0 Fruits/Veggies 0 Flowers/landscaping o Gardening: 0 Fruirs/Veggies 0 Flowers/Landscaping OtherR/Details/Conditions: Comments : * Educational and institutional dses are inconsistent as well. * Uses that involve direct contact with, disturbance or removal Site activities at the property inconsistent with the terms and of contaminated soils located greater than one foot below grade conditions of the AUL were not occurring at the time of the without a health and safetv pan that will expose a worker, inspection. w~orking 8 hours,a day, 5 days a week for a period greaterthan 13 weeks over twelve months. VIOLATION OBSERVED: * No o Yes o Posible Obligations and Conditions Observed Conditions I o Maintain Pavement a Maintain other cap/cover/tiner o Pavement o Cap/Cover/Liner o Signs/Notices o Soil Management Plan o Health & Saety Plan Comments: o Maintain Signs/Notices Qther/Details/Conditions: Not applicable. None listed
AUL Sketch Attached- to this form? 0 Yes rt. N7o VIOLATION OBSERVED; * No o Yes o Possible Additional Cornments/Nbo Rnees de i>Ne&Ye Additional Comments/Notes on Reverse Side: u No o Yes Completed by: KathrytfCaviali& "-Da&'904/26/04 .. Completed by:Kathryn Carvalho insp Date: 04/30/04 Massachusetts Departnient of Environmental Protection Bureau of Waste Site Cleanup BWSC111 AUDIT FOLLOW-UP PLAN TRANSMITTAL FORM Release Tracking Number & POST- AUDIT COMPLETION STATEMENT - Pursuant to 310 CMR 40.1160-40.1170 (Subpart K)
A. DISPOSAL SIr LOCATION:
1. Disposal Site Name:
2. Street Address:
3. City/Town: 4. ZIP Code:
5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. L a. Tier 1A b. Tier 1B [ c. Tier 1C [ d. Tier 2
6. If a Tier I Permit has been issued, provide Permit Number
B. THIS FORM IS BEING USED TO: (check one)
0 1, Submit an Audit Follow-Up Plan (Section C is not required). 2. Submit a Modified or Revised Audit Follow-Up Plan (Section C is not required). 3. Submit a Post-Audit Completion Statement 4. Provide Additional RTNs:
E a. Check here if this Audit Submittal covers additional Release Tracking Numbers (RTNs). b. Provide the additional Release Tracking Number(s) covered by this Audit Submittal. LW L-
(All sections of this transmittal form must be filled out unless otherwise noted above)
C. POST-AUDIT RESPONSE ACTIONS SUMMARY:
1. Notice of Audit Finding Date issued: mm/dd/yyyy L 2. Documentation (check all that apply): fl a. Provided Technical Justification, or S upporting or Clarifying Information Relating to Previous Response Actions D b. Performed Additional Risk Assessme nt ]c. Modified Disposal Site Boundary
L 3. Field Work (check all that apply): a. Sampled Previously Assessed Media (check all that apply): Soil j] GW H SW L Sediment E Air E Waste Material E b. Sampled New Media Not Previouslyi Assessed (check all that apply): J Soil C GW J SW 0 Sediment DAir M Waste Material
c. Performed Remediation Describe: --- I~~ Revised: 06/27/200306/27(2003Pagelof4 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC111
AUDIT FOLLOW-UP PLAN TRANSMITTAL FORM Release Tracking Number
& POST- AUDIT COMPLETION STATEMENT . LI Pursuant to 310 CMR 40.1160 - 40.1170 (Subpart K)
C. POST-AUDIT RESPONSE ACTIONS SUMMARY: (cont) 4, Outcome (Check all that apply and submit appropriate transmittal form(s)): L a. Implemented or Amended Activity and Use Limitation b. Modified Risk Assessment Method
0c. Revised Response Action Outcome (RAO) Class d. Revised Tier Classification
L] e.Revised or Modified Phase Work [] f. Retracted RAO Statement
flg. Other
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 CMR 4,03(2), and (iii) the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief, > if Section B of this form indicates that an Audit Follow-up Plan, or a Modified or Revised Audit Follow-up Plan is being submitted, the response action(s) that is (are) the subject of this submittal (i) has (have) been developed in accordance with the applicable provisions of M.G. L, c. 21E and 310 CMR 40,0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000 and (iii) complies(y) with the identified provisions of all orders, permits, and approvals identified in this submittal; > if Section B of this form indicates that a Post-Audit Completion Statement is being submitted, the Post-Audit response action(s) that is (are) the subject of this submittal as required to correct either violations andior deficiencies identified by DEP in a Notice of Audit Finding pursuant to 310 CMR 40.1140 (i) has (have) been developed, implemented and completed in accordance with the applicable provisions of M.G.L. c.21 E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth inthe applicable provisions of M.G.L. c.21 E and 310 CMR 40.0000 and (iii) complies(y) with the identified provisions of all orders, permits, approvals, orAudit Follow-up Plans pursuant to 310 CMR 40.1160 as identified in this submittal. Development, implementation and completion of the Post-Audit response action(s) have corrected the violations and/or deficiencies identified by DEP in the Notice ofAudit Finding. This Statement does not (1) apply to actions or other aspects of the site that were not reviewed in the audit, (2) preclude future audits of past, current, or future actions at the site, (3) in any way constitute a release from any liability, obligation, action or penalty.under M.G.L. c.21E, 310 CMR 40.0000, or any other law, regulation, or requirement, or (4) limit the Department's authority to take or arrange, or to require any Responsible Party or Potentially Responsible Party to perform, any response action authorized by M.G.L. c.21E, which the Department deem necessary to protect health, safety, public welfare or the environment.
Revised: 0612712003 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC111
AUDIT FOLLOW-UP PLAN TRANSMITTAL FORM Release Tracking Number & POST- AUDIT COMPLETION STATEMENT Pursuant to 310 CMR 40.1160 - 40.1170 (Subpart K)
D, LSP SIGNATURE AND STAMP: (cont) 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#
2. First Name: 3. Last Name:
4. Telephone: 5. Ext.: 6. FAX:
7. Signature:
8. Date: ' 9. LSP Stamp: mmn/dd/yyyyy
E. PERSON RESPONDING TO AUDIT: 1. Check all that apply: f a. change In contact name E b. change o faddress O c. change in the person undertaking response actions ii 2. Name of Organization:
3. Contact First Name: 4, Last Nam e:
5. Street: 6. Title:
7. CityiTown: 8. State: - 9. ZIP Code
10. Telephone: 11. Ext.: - 12. FAX:
F. RELATIONSHIP TO SITE OF PERSON RESPONDING TO AUDIT
1. RP or PRP [ a. Owner D b. Operator E c, Generator [ d. Transporter
1 e. OtherRP orPRP Specify:
2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E. s. 2)
3. Agency/G.L7 or Public Utility on a Right of Way (as defined by c. 21E, s.5j))
4. Any other Person Responding to Audit Specify Relationship:
Revised:. 06/27/2003 Pago 3 af 4 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC111
AUDIT FOLLOW-UP PLAN TRANSMITTAL FORM Release Tracking Number & POST- AUDIT COMPLETION STATEMENT 11 EiiI, Pursuant to 310 CMR 40,1160 -40.1170 (Subpart K)
G. REQUIRED ATTACHMENT AND SUBMITTALS: 1, Check here if the Response Action(s) on which this opinion is based, If any, are (were) subject to any order(s), permit(s) andlor approval(s) issued by DEP or EPA. If the box Is checked, you MUST attach a statement identifying the applicable provisions thereof.
2. Check here to certify that the LSP Opinion containing the material facts, data, and other information is attached.
H. CERTIFICATION OF PERSON RESPONDING TO AUDIT:
1. 1, , attest under the pains and penalties of perjury (i) that I have personally examined and am familiarwith 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. l/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: 3. Title: Signature
4. For: 5. Date: (Name of person or entity recorded inSection E) mm/dd/yyyy
66. Check here if the address of the person providing certification is different from address recorded in Section E.
7. Street:
8. City/Town: - 9. State: - 10. ZIP Code: I
11. Telephone: 12, Ext. - 13. FAX
YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IFYOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALZED FOR MISSING A REQUIRED DEADLINE.
Date Stamp (DEP USE ONLY:)
I,
Revised: 06/27/2003 Page 4 of 4
11 - RATIFICATION OF NOTICE OF ACTIVITY AND USE LIMITATION
7/26/00 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
JANE SWIFT BOB DlURAND Governor Secretary LAUREN A. LISS Comu'issioner
RATIFICA TION OF NOTICE OF ACTIVITY AND USE LIM[TATION (for ratifying a Notice of Activity and Use Limitation recorded on or before October 29, 1999)
This Ratification of Notice of Activity and Use Limitation ("Ratification") is made as of this _ day of . P, 20__, by [Name and address of property owner(s)], together with his/her/its/their successors and assigns (collectively "Owner").
WITNE S S E TH:
WHEREAS, Owner is the owner in fee simple of [a] certain parcel[s] of land located in [Town/City], County, Massachusetts ("Property"), pursuant to [a deed recorded with the County Registry of Deeds in Book , Page j[Certificate of Title No. issued by the County Land Court Registry District][source of title other than deed];
WHEREAS, the Property comprises a disposal site, or part of a disposal site, as the result of a release of oil and/or hazardous material ("the Disposal Site"). Response actions have been selected for the Disposal Site in accordance with M.G.L. c.2 iE ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("the MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or groundwater, and/or (b) the restriction of certain activities occurring in, on, through, over or under the Property or a portion thereof. The Department of Environmental Protection has identified the Disposal Site as Release Tracking Number -
WHEREAS, on [date], [owner named in Original Notice of AUL] filed a Notice of Activity and Use Limitation with the f County Registry of Deeds in Book , Page _ _]County Land Court Registry District as Document Number ttnposig an 2 activity and use limitation on [a portion of] the Property ("the Original AUL"). The [Property][portion of the Property] affected by the AUL is hereinafter referred to as "the AWL Area." The AUL describes activities and uses that are permitted within the AUL Area, and defines obligations and conditions that must be maintained within the AUL Area. The AUL also describes uses -and activities which, if carried out within the AUL Area, could result in i Significant Risk to health, safety, public welfare or the environment due to potential exposure to residual contamination. [A Licensed Site Professional has issued an Activity and Use Limitation Opinion ("AUL Opinion"), certifying that the use restrictions set forth in the Original AUL are appropriate to maintain a condition of No Significant Risk at the Disposal Site. The AUL Opinion was attached to the Original AUL];
WHEREAS, ratification and confirmation of the Original AUL by the Owner is necessary to ensure that a condition of No Significant Risk is maintained at the Disposal Site.
NOW, THEREFORE, this Ratification is given to correct the following error(s) made in the Original AUL:
(The Original AUL was based on an Activity and Use Limitation Opinion ("AUL Opinion") prepared by a Licensed Site Professional-prior to the recording of the Original AWL. The AUL Opinion was erroneously not attached the Original AUL, but is attached hereto as Exhibit A and made a part hereof] (The Original AUL was not signed by all of the persons who owned the property at the time the Original AUL was recorded;]
[A survey plan of the AUL Area was recorded prior to or simultaneously with the Original AUL, but was not referenced therein. The survey plan is located [in the County Registry of Deeds in Plan. Book , Plan j[in the County Registry as Land Court Plan No. 1.
[After the Original AUL was recorded, the property affected by the AUL was transferred from (seller/grantor of property) to (buyer/grantee of property) without referencing the AUL on the deed or other instrument of transfer.)
Owner hereby ratifies and confirms the Original AUL together with the additional information provided herein. Owner authorizes and consents to the recordation of this Ratification, which shall be deemed to be effective as of the date the Original AUL was recorded and/or registered.
WITNESS the execution hereof under seal this _ day of_, 20
[Name of Owner]
[COMMONWEALTH OF MASSACHUSETTS] (STATE OF
,ss ,20
Then personally appeared the above-named and acknowledged the foregoing instrument to be [his][her] free act and deed before me,
Notary Public: My Commission Expires:
This Ratification of Notice of Activity and Use Limitation was prepared with the assistance of the undersigned Waste Site Cleanup Professional.
Date: [Name of LSP) [LSP SEAL]
[COMMONWEALTH OF MASSACHUSETTS] (STATE OF
, ss _ _ , 20__
Then personally appeared the above-named and acknowledged the foregoing instrument to be [his][her] free act and deed before me,
Notary Public: My Conmmssion Expires.
Upon recording, return to: (Name and Address of Owner) ......
ATTACHMENT C
Activity & Use Limitation (AUL) Transmittal Form (BWSC-113) and Notice of Activity & Use Limitation (Form 1075) No. 2 Fuel Oil Release Area Q Response Action Outcome (RAO) Statements Gasoline and No. 2 Fuel Oil Release Areas Brayton Point Station Brayton Point Road Somerset, Massachusetts MA DEP Site No. 4-0158
-
Ransom Environmental Consultants, Inc. Project 961048 Massachusetts Department of Environmental Protection BWSC-L13 Bureau of Waste Site Cleanup Reieas. Trackting Nurmber ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM mf se 77N r Pursuant to 310 CMR 40.1056 and 40.1070 - 40.1084 (Subpart J) 0158, A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Shte Name: lir'yion P i nt st i on Street: Brayton Point Road LocationAid: City/rown: Somerse.t zip code: 0272
Address of property subject to AUL, if different than above. Street:
Ctty/Town: -ZIP Cod:e & Check here If this Disposal Site is Tier Classfied. it the Disposal Site subject to the AUL Isalso subject to a Tier I Permit, provide the Permit Number:
Related Release Tracking Numbers affected by this AUL: B. THIS FORM IS BEING USED TO: (check one) C Submit a certified copy of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074 (complete all sections of this form). Submit a certified copy of an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4) (complete all sections of this form). Submit a certified copy of a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3) (complete all sections of this form).
Submit a certified copy of a Grant of Environrnental Restriction, pursuant to 310 CMR 40.1071, (complete all sections of this form).... Submit a certified copy of an Amendment of Environmental Restriction, pursuant to 310 CMR -40.1081(3) (complete all sections of this form).. Submit a certified copy of a Release of Environmental Restriction, pursuant to 310 CMR 40.1083(2) (complete all sections of this form).. You must attach all supporting documentation for the use of form Indicated, including copies of any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400. C. AUL INFORMATION: Date AUL was recorded and/or registered with Registry of Deeds and/or Land Registration Office: July 25, 1997 Name of Registry of Deeds and/or Land Registration Office where AUL was recorded and/or registered: Brist1 County
ok and Page Number and/or Document Number of recorded and/or registered AUL: Rock 3262, Paga 30 6 6. PERSON SUBMITTING AUL TRANSMITTAL FORM: NameofOrganization: New England Power Company Nameofcontact: Anthony A. Black -e: Senior Environmental Engineer Street: Brayton Point Road city/Town: Somerset State: MA ZIP Code: 02726 Telephone: (508) 646-5260 Ext.: FAX:(optional) (508) 646-5401 E. OWNER OF PROPERTY, IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: Provide a mailing address for the owner of the property if that person is not submitting the AUL Transmittal Forrm. Provide addresses for additional owners on an attachment.
Name of Organization:
Name of Contact: Title,
Street: -
City/Town: State: ZIP Code:
Telephone: Ex.: FAX (optional)
Revised 5//95 Do Not Aiter This Form Page 1 of 2 Massachuset Department of Envirohmental Protection BWSC-1 13 Bureau of Waste Site Cleanup-
ACTIVITY & USE LMITATION (AUL) TRANSMITTAL FORM Pursuant to 310 CMR 40.1056.and40.1070; 40.1084 (Subpart'J) . 01 W F. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (checkone) f AP or PRP Specify: Q Owner Q Operator Q Generator 0 Transporter Other RP or PRP 0 Fidudiary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L c. 21 E,s. 2) 0 Agency or Public Utility on a Right of Way (as defined by M.G.L c. 21E, s. 5()) O Any Other Person Submitting AUL Specify Relationship: G. CERTIFICATION OF PERSON SUBMITTING AUL TRANSMITTAL FORM:
1. - , t - A * ' ,attest under the pains and penalties of perjury (i) that I have personally tamlned and am amitiar with the sifoma n contaiedntis submittal, including any and all documents accompanying this transmittal form, (i) that, based on my Inquiry of those Individuals immediately responsible for obtaining the Information, the material Information contained in this submitta Is. to Ihe best of my knowledge and belief. true, accurate and complete, and (iRl)that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or entity on whose behalf this submittal is made 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.
By14_ _ _- TAultotsle'AThi: Of. aAf// C (signature)
For- NW England Power Company Date: - (print name of person or entity recorded in Section D) Enter address of person providing certification, ifdifferent from address recorded inSection 0: Street:
City/Town: -State: ZJP Code: Telehone - - Et.:FAX: (optional)
YOU MUST COMPLETE ALL RELEVANT-SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE.AF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR FISSINGd A REQUIRED DEADLINE, AND YOU-MAY INCUR ADDITIONAL COMPLIANCE FEES.
Revised 5'/95 Do Not Alter This Form Page 2 of 2 Ca.~///; "t0?"6972PG 306
Form 1075
NOTICE OF ACTIVITY AND USE LIMIATON M.G.L. c.21E, §6 and 310 CMR 40.0000 Disposal Site Name:Gasoline and No. 2 Fuel Oil Release Areas, Brayton Point Station DEP Release Tracking No(s): 4-0158
This Notice of Activity and Use Limitation ("Notice") is made as of this 23 day of July, 1997, by New England Power Company, a Massachusetts corporation having its principal office at 25 Research Drive, Westborough, Massachusetts, 01582, together with its successors and assigns (collectively "Owner").
WITNESSETH:
WHEREAS, New England Power Company is the owner in fee simple of that certain parcel of land located in Somerset Bristol County, Massachusetts, with the buildings and improvements thereon ("Property").
WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan to be recorded herewith numbered H-69054 and H-69055 (the "Plan");
WHEREAS, a portion of the Property ("Portion of the Property") is more specifically subject to this Notice of Activity Use Limitation. The portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof The Portion of the Property is shown as "AUL Area " on the Plan;
WHEREAS, the Portion of the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material (the "Disposal Site"). Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site (to the extent such boundaries have been established). Exhibit B is attached hereto and made a part hereof; and
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/or (b) the restriction of certain activities occurring in, on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated July 21, 1997, (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:
L. Permitted Activities and Uses Set Forth in the AU Opinion. The AUL Opinion provides that a condition of no significant risk to health, safety, public welfare or the environment exists for any foreseeable period of time pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occur on the Portion of the Property:
i. Activities and uses including, but not limited to, normal facility operation and maintenance, parking of vehicles, and foot traffic which do not result in direct contact with or disturbance of contaminated soils presently greater than one foot below grade; -
ii. Activities and uses that involve direct contact with, disturbance or removal of contaminated soils present at greater than one foot below grade, provided that such activities or uses will not expose any one worker, working eight (8) hours a day five (5) days a week, to the contaminated soils for a period exceeding thirteen (13) weeks over the course of twelve (12) consecutive months.
iii. Activities and uses that involve direct contact with, disturbance or removal of contaminated soils present at greater than one foot below grade, that will expose any one worker, working eight (8) hours a day five (5) days a week, to the contaminated soils for a period exceeding thirteen (13) weeks over the course of twelve (12) consecutive months, provided that said activities or uses are conducted in accordance with a plan, approved by a Licensed Site Professional ("LSP"), addressing worker health and safety practices and soil management procedures.
iv. Provided that the provisions of paragraph 1(ii) or l(iii) are complied with as applicable, the use, maintenance and/or monitoring of remediation related surface and subsurface structures, such as a soil cap, geomembrane liner or other barriers to human exposure to subsurface contamination, and ground water monitoring wells.
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 environment than the activities and uses set forth in this Paragraph.
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f 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows:
i. Activities and uses that involve direct contact with, disturbance or removal of contaminated soils present at greater than one foot below grade, that will expose any one worker, working eight (8) hours a day five (5) days a week, to the contaminated soils for a period exceeding thirteen (13) weeks over the course of twelve (12) consecutive months, that are not conducted in accordance with an LSP-approved plan addressing worker health and safety practices and soil management procedures.
ii. Residential, child care, agricultural, institutional (with a residential or child care component) and educational (for children under 18 years age) uses.
3. Obligations and Conditions Set Forth in the AUL Opinion. The obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of no significant risk as set forth in the AUL Opinion shall include the following:
i. None
4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 el 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.
3 If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the Portion of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020.
6. Incororation Into Deeds. Mortages. Leases. and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, casements, 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).
WITNESS the execution hereof under this seal this 3 day of July, 1997. NEW ENGLAND POWER COMPANY
By 0k6t AJrk LPW- Cheryl A. LaFleur, Vice President
Michael Jesamis, Treasurer
COMMONWEALTH OF MASSACHUSETTS
Worcester, ss A±23 1997.
Then personally appeared the above named 0-kw 4 EPi we and H ic)o E- J saas and acknowledged the foregoing to be their free act and deed and the free act and deed of New England Power Company before me,
Notary blic
My Commission Expires: /- 1-?f
4 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation 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 sai ctivity and Use Limitation Opinion.
Date: / F
[LSP SEAL]
COMMONWEALTH OF MASSACHUSEITS
ss 1997.
Then personally appeared the above named ih§SC A and acknowledged the foregoing to be his free act and deed before me,
Ntary Public y Commission Expires: 41l/qq
Upon recording, return to:
Mr. A.J. Rabinowitz Massachusetts Electric Company 25 Research Drive Westborough, Massachusetts 01582
9'7-32.BB
5 Exhibit A - Metes and Bounds Description of Property Somerset, Massachusetts
A certain parcel of land owned by New England Power Company in Somerset, Bristol County, Massachusetts bounded and described as follows: .
Beginning at a point at a northerly end of the parcel herein described, said point being by land now or formerly of Olneira, on the southwesterly side line of Interstate 195 and South 47* - 30' - 01" West one hundred ninety eight and thirteen hundredths (198,13) feet from the East Bound Baseline of said Interstate 195;
Thence South 22* - 59'- 14" East two hundred eighty three and forty nine hundredths (283.49) feet to a point South 72* - 53' -03" West one hundred and fifty (150.00) feet from St, 31+76.00 on the East Bound Baseline of Interstate 195;
Thence South 17' - 06'- 57" East one thousand two hundred ninety two and sixty three hundredths (1292.63) feet along the southwesterly sideline of Interstate 195 to a point;
Thence South 28* - 35'- 26" West four hundred twenty seven and twenty four hundredths (427.24) feet to a point;
Thence South 53* - 56' - 49" East five hundred forty five and eight hundredths (545.08) feet to a point at Brayton Point Road; the last 2 (two) courses being along land now or formerly of Montaup Electric Co.
Thence South 31* - 41'- 41" West along the Northwesterly side of Brayton Point Road one hundred five and sixty two hundredths (105.62) feet to a granite bound W/BD (found);
Thence North 58* - 05' - 04" West ninety (90.00) feet to a granite bound W/BD (found);
Thence South 31* - 41 - 31" West along the Northwesterly side of Brayton Point Road one hundred and twelve (112.00) feet to a granite bound W/BD (found);
Thence South 58" - 22' - 03" East ninety (90.00) feet to a granite bound W/BD (found);
Thence South 31* - 41' - 31" West three hundred twenty seven and seventy two hundredths (327.72) feet to a point;
Thence South 31* - 48'~ 01" West one thousand nine hundred four and fifty hundredths (1904.50) feet to a point at the end of Brayton Point Road, the last 2 (two) courses being along the northwesterly side of said Road;
Thence South 58'- 11 -59" East forty (40.00) feet along the end of said road to a point; Thence North 31* - 48' - 01" East one thousand eight hundred sixty and thirty hundredths (1860.30) feet to a point at the southwest end of O'Neil Road (Public 40' wide);
Thence in an easterly direction crossing the end of said road to the northwest end of O'Neil Road along the easterly line of said road.
Thence North 31" - 41' - 31" East five hundred eighteen and sixty three hundredths (518.63) feet to a point;
Thence South 18* -27' - 38" East along land now or formerly of Montaup Electric Co. five hundred eighteen and fifty eight hundredths (518.58) feet to a granite bound W/BD (found);
Thence South 560 - 36' - 00" West forty one and seventy hundredths (41.70) feet to a point;
Thence South 48* - 12' - 19" West three hundred nine and seventy six hundredths (309.76) feet to a granite bound W/BD (found) on the easterly side of O'Neil Road (Public 40' wide);
Thence in a westerly direction crossing said road to a granite bound W/BD (found);
Thence South 48' - 07- 47" West along land now or formerly of Chase, King and Charron two hundred ninety nine and eighty two hundredths (299.82) feet to a granite bound W/BD (found);
Thence South 28* - 23' - 48" West along land now or formerly of Charron, Stone, Cabral, McCarraher, DelDonno and DeBerube three hundred sixty three and seventy six hundredths (363.76) feet to a drill hole (set);
Thence South 26* - 29' - 10" West along land now or formerly of E. Berube, across Carey Street and along land of the Town of Somerset to a point;
Thence South 45* - 40' - 02" East along lands of the Town of Somerset, and land now or formerly of Russell three hundred fifty three and fifty nine hundredths (353.59) feet to a granite bound W/BD (found);
Thence South 46* - 29' - 28" West seventy nine and twenty two hundredths (79.22) feet to a granite bound W/BD (found);
Thence South 46" - 41' - 13" West six hundred forty nine and fifteen hundredths (649.15) feet to a granite bound W/BD (found);
Thence continuing South 460 - 41' - 13" West one hundred seventy five and eight
r hundredths (175.8) feet, more or less, to Mount Hope Bay the last 3 (three) courses being along land now or formerly of the Commonwealth of Massachusetts;
Thence westerly and southerly along Mount Hope Bay one thousand six hundred and ninety (1690.00) feet, more or less, to a point on the northerly corner of land leased from the Commonwealth of Massachusetts;
Thence in a general southerly direction along the northwesterly side of said leased land eight hundred eighty eight (888.00) feet, more or less, to the MLW (mean low water) line of the Taunton River;
Thence westerly and northerly along the MLW line of the Taunton River and northerly and northeasterly along the MLW line of the Lees River ten thousand five hundred forty five (10,545) feet, more or less, to a point on the southerly line of land now or formerly of The 1480 Co.
Thence South 60" - 20'- 30" East seven hundred and twenty eight (728.00) feet, more or less, to a point;
Thence North 290 - 39' - 30" East one thousand and thirty (1030.00) feet to a point;
Thence North 60* - 20' - 30" West one hundred (100.00) feet to a point, the last 3 (three) courses being by land now or formerly of The 1480 Co.
Thence North 26* - 13' - 20" East along land now or formerly of Olneira one hundred seven and fifty hundredths (107.50) feet to the point of beginning;
For title reference see deed from Carpenter & Co., Inc. to New England Power Company recorded with the Fall River Registry of Deeds in Book 667, Page 386. Exhibit A-1 - Metes and Bounds Description of AUL Area A certain portion of the parcel of land described in Exhibit England Power Company A herein, owned by New in Somerset, Bristol Coty Massachusens which portion is bounded and described as follows: Beginning at the easterly corner of thousand said portion herein described, four hundred twenty nine said point being One 51'- 30" West and twenty two hundredths of a granite bound found; - (1429.22) feet South 70* -
Thence South 400 - 40' - 04" West fifty four and ninety point; one hundredths (54.91) feet to a
Thencea Sout 5* - feet 42' -17" West one hundred four to a point; and twenty three hundredths (104.23)
Thence South 65* -09' -52" West twenty two and fifty point; five hundredths (22.55) feet to a
Thence North 76* -22' - 49" West forty nine and fifty point;, eight hundredths (49.58) feet to a
Thence North 58" -25'- 08" West twenty two and fifty point; three hundredths (22.53) feet to a
Thence North 29" -48' - 12" West twenty four and sixty point;- three hundredths (24.63) feet to a
Thence North 20' -55'- 49" East twenty seven and point; fifty six hundredths (27.56) feet to a
Thence North 35* -12' - 04" East one hundred fifteen and feet to a point; eighty one hundredths (115.81)
Thence North 39* -07' - 24" East seventy and eighty point; two hundredths (70.82) feet to a
Thence South 49" -38' 20" East one hundred twenty four and ninety feet to the point of beginning. hundredths (124.90) Containing 21,214.6 square feet more or less. ~~1
Exhibit B - Sketch Plan of Relationship of Portion of the Property To Boundaries of the Disposal Site A