NOTICE OF ACTIVITY AND USE LIMITATION
Sunoco Station DUNS 00061119
1069 Kempton Street
New Bedford, Massachusetts 02740
MassDEP RTN 4-27071
(Linked RTN 4-29418)
A release of oil and/or hazardous materials has occurred at this location, which is a disposal site as defined by M.G.L. c. 21E, § 2 and the Massachusetts Contingency Plan, 310 CMR 40.0000. On October 30, 2025, Sunoco, LLC recorded with the Bristol County Registry of Deeds (Book 15335, Page 0545) a NOTICE OF ACTIVITY AND USE LIMITATION on the disposal site, pursuant to 310 CMR 40.1070 through 40.1080.
The NOTICE OF ACTIVITY AND USE LIMITATION (AUL) will prohibit the following site activities and uses at a portion of the above property without a prior evaluation and opinion as to the suitability of such use by a Licensed Site Professional (LSP):
(i) Any development of the AUL area for residential, educational, institutional or agricultural purposes that would result in the likely exposures to site soil associated with these activities and uses including dermal contact, ingestion and inhalation;
(ii) Use of any portion of the AUL area soil for agricultural purposes for the growth or production of produce for human or animal consumption; and
(iii) Excavation, stockpiling and off-site disposal of soil from below a depth of 2 feet in the AUL area, without Licensed Site Professional supervision, and if appropriate, without a valid Soil Management and/or Groundwater Management Plan, unless the activity is explicitly included in the permitted activities listed in the AUL.
Any person interested in obtaining additional information about the NOTICE OF ACTIVITY AND USE LIMITATION may contact Mr. Jermey Fultz, Project Manager, in writing to Sunoco c/o Evergreen Resources Group, LLC, LLC, 2 Righter Parkway, Suite 120, Wilmington, Delaware 19803, or by phone at 302-485-4081.
The NOTICE OF ACTIVITY AND USE LIMITATION and the disposal site file can be reviewed at MassDEP's Southeast Regional Office, 20 Riverside Dr, Lakeville, MA 02347, (508) 946-2700 or online at the Energy & Environmental Affairs Data Portal
November 23 2025
LNEO0411795