06-05-2012 @ 08=25a 

DECLARATION OF ENVIRONMENTAL COVENANT 

This ENVIRONMENTAL COVENANT is hereby declared and granted as of this ~':l~ 

day of ~o-' ,2012, by the MAINE DEPARTMENT OF TRANSPORTATION, 

having its principal place of business in Augusta, Kennebec County, State of Maine ("Grantor"), 

to the MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP" or 

"Holder") on property located in Corinna, Penobscot County, Maine, as more fully described 

below. 

WHEREAS, Grantor is the owner in fee simple of a certain property of approximately 2.4 

acres in size located in Corinna, Penobscot County, Maine, and described in a Notice of Layout 

and Taking dated May 3,2000 and recorded in the Penobscot County Registry of Deeds in Book 

7357, Page 29, and described in Exhibit A attached hereto and incorporated herein by reference, 

and being generally depicted as Maine Department of Transportation land in the Town of 

Corinna tax records on Tax Map 18, and also shown on the attached Exhibit B ("Property"); 

WHEREAS, the Property was contaminated by the former Eastland Woolen Mill and is 

part of the Eastland Woolen Mill Superfund Site ("Site"), which the U.S. Environmental 

Protection Agency ("EPA") placed on the National Priorities List pursuant to Section 105 of the 

Comprehensive Environmental Response, Compensation and Liability Act (,'CERCLA"), 42 

U.S.C. § 9605, and set forth at 40 C.F.R. Part 300, Appendix B, and by publication in the Federal 

Register on July 22, 1999 (64 Fed. Reg. 39878); 

WHEREAS, the Site is also identified as a portion of the Corinna Main Street and 

Eastland Woolen Mill Uncontrolled Hazardous Substance Site designated by DEP on February 

25, 1991 pursuant to 38 M.R.S.A. §§ 1364 and 1365; 

WHEREAS, pursuant to an Action Memorandum dated July 1999 and amended June 

2000, September 2000, May 2001, and June 2004 (the "Action Memorandum"), a non-timecritical removal action ("removal") was initiated by EPA to, inter alia, remove hazardous 

substances in contaminated soils in an area known as "downtown Corinna" that were acting as a 

source of groundwater, surface water and sediment contamination; 

WHEREAS, in a Record of Decision dated September 19, 2002 and amended September 

28,2006 (the "ROD"), the EPA, with the concurrence of the DEP, selected a remedial action for 

the first operable unit at the Site ("remedial action," which together with the removal shall be 

hereinafter referred to as the "Environmental Response Project"), which provides, in part, for the 

following actions: 

Maine Department of Transportation, Route 7, Corinna 

Declaration of Environmental Covenant 

Page 1 of 10 
a. In-situ treatment of the contaminated overburden and bedrock groundwater and 

remaining areas of contaminated soil, including dense non-aqueous phase liquid 

("DNAPL") below the water table. A short-term groundwater collection and 

treatment system will be operated as part of the in-situ treatment program; 

b. Connection of certain residences to the water supply lines to prevent their wells 

from becoming contaminated and to prevent expansion of the contamination in 

the groundwater; 

c. Implementation, monitoring and maintenance of institutional controls in the form 

of groundwater use restrictions to prevent ingestion of groundwater and 

disturbance of the groundwater extraction and treatment system; 

d. Long-term monitoring of groundwater, surface water, biota, and sediments to 

evaluate the success of the remedial action; and 

e. Implementation of five-year reviews to assess the protectiveness of the remedy 

until cleanup goals have been met. 

WHEREAS, the documents supporting the Environmental Response Project may be 

found in the Administrative Record for the Site; 

WHEREAS, the parties hereto have agreed that it is appropriate and necessary, pursuant 

to the Maine Uniform Environmental Covenants Act ("UECA"), 38 M.R.S.A. §§ 3001 et seq., to 

(1) impose use restrictions on the Property as covenants that run with the land for the purposes of 

maintaining or enhancing the soil, air and water quality of the Property, protecting human health 

and the environment, and protecting the Environmental Response Proj ect that has been and will 

be performed at the Site; and (2) grant a permanent right of access to the Holder and to EPA over 

the Property for purposes of implementing, facilitating and monitoring the removal and remedial 

actions and for monitoring and enforcing the Environmental Covenant; 

WHEREAS, EPA has determined and approved the Environmental Response Project and 

is therefore an agency as that term is defined in the UECA, and DEP also is an agency under the 

UECA; 

WHEREAS, EPA has the right of an agency to enforce this Environmental Covenant 

pursuant to the UECA, but this right is not an interest in real property; 

WHEREAS, DEP is the only holder of this Environmental Covenant, as that term is 

defined in the UECA, and DEP is entitled to exercise the rights of a holder including enforcing 

this Environmental Covenant, pursuant to the UECA; 

Maine Department of Transportation, Route 7, Corinna 

Declaration of Environmental Covenant 

Page 2 of 10 
WHEREAS, Grantor wishes to cooperate fully with the DEP and the EPA in the 

implementation and monitoring of the Environmental Response Project; and 

WHEREAS, Grantor intends to create and grant an Environmental Covenant pursuant to 

the UECA; 

NOW, THEREFORE, Grantor MAINE DEPARTMENT OF TRANSPORTATION, for 

and in consideration of the facts above recited and the covenants herein contained, and intending 

to create and be legally bound by a perpetual covenant running with the land, subject to the tenns 

hereof, hereby declares, covenants and agrees as follows: 

1. Declaration of Covenant. This instrument is an Environmental Covenant executed 

pursuant to the UECA. 

2. Property. This Environmental Covenant concerns the Property as described herein. 

3. Activity and Use Limitations. The following covenants, conditions, and restrictions, 

shall run with the land, and shall be binding on the Grantor, its successors and assigns 

and the Propeliy in perpetuity: 

a. Groundwater underlying the Property shall not be extracted, consumed, exposed 

or utilized in any way, except for the limited purpose of extracting, treating and/or 

monitoring groundwater contamination levels in accordance with plans approved 

by the Holder and the EPA. Groundwater supply wells shall not be installed or 

utilized on any part of the Property. Any measures that could alter the water table 

or flow direction of the groundwater shall be subject to review by DEP. A written 

description and plan of the activity along with an assessment of any anticipated 

impact on the contaminant plume shall be provided to DEP and EPA at least 14 

days prior to the implementation of such activity. DEP may require alteration or 

disapprove the proposed measure if it concludes there could be an adverse impact 

on the contaminant plume. 

b. No use or activity shall be pennitted on the Property, unless otherwise provided 

herein, which may impede the construction or implementation of the remedial 

action or which will disturb any of the remedial measures implemented as the first 

operable unit or damage any of the equipment or machinery installed at the 

Property in connection therewith. Such remedial measures include, without 

limitation, the injection of chemical reagents or other substances to treat soil and 

groundwater, collection, treatment, and discharge of groundwater; the excavation, 

de-watering, storage, consolidation, treatment and disposal of soils; and the 

monitoring of air, groundwater, surface waters, soil, sediment and biota. 

Maine Department of Transportation, Route 7, Corinna 

Declaration of Environmental Covenant 

Page 3 of 10 
c. Any subsurface materials below a depth of 5 feet within the portion ofthe 

Property that is bounded by Lot 1, Nokomis Road and [new] Route 7, as shown 

on Exhibit B, that are displaced as a result of filling, drilling, or excavation shall 

remain on the Property or, ifremoved from the Property, shall be relocated to the 

Village Cemetery on Stetson Road in Corinna, Maine, or any other site approved 

by both the Holder and EPA. 

d. No domestic or commercial septic system for the treatment of septage shall be 

constructed or installed on the Property; rather any buildings on the Property shall 

be connected to municipal water delivery and sewer collection systems. 

e. Any building constructed on the Property shall be equipped with a sub-slab vapor 

system or its equivalent designed to prevent migration of soil vapors into the 

interior of the building. 

4. Agency and Holder. DEP is an environmental agency with enforcement authority 

pursuant to the UECA and is the only Holder of the Environmental Covenant granted in 

this Declaration. EP A is also an environmental agency with enforcement authority 

pursuant to the UECA. 

5. Perpetuity of Covenant. This Environmental Covenant and each and every covenant 

herein shall be a covenant running with the land in perpetuity and shall be binding on 

Grantor and its successors and assigns, including any transferee acquiring or owning any 

right, title, or interest in the Property, and all those acting by and through or under any of 

them forever. The term "transferee," as used in this paragraph, shall mean any future 

owner of any interest in the Property or any portion thereof, including, but not limited to, 

owners of an interest in fee simple, mortgagees, easement holders, lessees and lien 

holders. By the acceptance of a deed of conveyance of all or any pmi of the Property or 

any interest therein, whether or not the deed shall so express, all successors, assigns, and 

transferees shall be deemed to have accepted the Property subject to the restrictions 

contained herein and shall be deemed bound by, obligated to comply with, and otherwise 

subject to the restrictions herein and this Environmental Covenant. 

6. Representation of Ownership and Encumbrances. By its execution hereof, Grantor 

hereby represents that it is the sole owner in fee of the Property and that there are no 

mortgages, easements or other encumbrances on the Property that would materially 

adversely affect the effectiveness or enforceability ofthis Environmental Covenant. 

7. Access. In addition to any rights already possessed by DEP and EPA, this Environmental 

Covenant grants to DEP and EPA, including their authorized employees, agents, 

representatives and independent contractors and subcontractors, a right of access to the 

Property, without cost and upon presentation of credentials, for the purposes of 

Maine Department of Transportation, Route 7, Corinna 

Declaration ofEnvironrnental Covenant 

Page 4 of 10 
implementing, facilitating and monitoring the removal and remedial actions and for 

monitoring and enforcing this Environmental Covenant. 

8. Notice to Tenants and Others. The Grantor and all subsequent owners of the Property, 

during the period of their ownership ofthe Property, shall provide notice of this 

Environmental Covenant to any tenants or lessees thereof and to any other person 

conducting any activity on the Property that is prohibited by this Environmental 

Covenant, which notice shall be provided prior to such occupancy or activity. 

9. Notice upon Conveyance. Each instrument hereafter conveying any interest in the 

Property or any portion thereof, including but not limited to deeds, leases and mortgages, 

shall contain a notice that is in substantially the following form: 

NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A 

DECLARATION OF ENVIRONMENTAL COVENANT, RECORDED 

IN THE COUNTY REGISTRY OF DEEDS ON 

,2012, IN BOOK -. , . ,PAGE . IN FAVOR OF 

AND ENFORCEABLE BY THE STATE OF MAINE AND THE 

UNITED STATES OF AMERICA. 

Within thirty (30) days of the date any such instrument of conveyance is executed, such 

instrument shall be recorded in the Penobscot County Registry of Deeds, and the grantor 

of such instrument shall notify DEP and EPA in writing of such recording by delivery of 

a copy of the recorded instrument, duly certified by the Register of Deeds. 

10. Notice of Noncompliance. The Grantor and all subsequent owners of the Property, 

during the period oftheir ownership of the Property, shall provide written notice to DEP 

and EPA within ten (10) working days of discovery of any noncompliance with this 

Environmental Covenant. 

11. Notice Pursuant to Covenant. Any notice or other communication required pursuant to 

this instrument shall be in writing and shall be sent by certified mail, return receipt 

requested, or by any commercial carrier as provides proof of delivery, addressed as 

follows, or to such other address as each entity may designate from time to time by 

written notice to the other entities: 

To Grantor: 

Environmental Office Director 

Department of Transportation 

16 State House Station 

Augusta, ME 04333-0016 

Maine Department of Transportation, Route 7, Corinna 

Declaration of Environmental Covenant 

. Page 5 of 10 
ToDEP: 

Superfund Program Manager 

Department of Environmental Protection 

Bureau of Remediation and Waste Management 

17 State House Station 

Augusta, Maine 04333-0017 

To EPA: 

Remedial Proj ect Manager 

Eastland Woolen Mill Superfund Site 

U.S. Environmental Protection Agency, Region 1 

5 Post Office Square, Suite 100 (OSRR07-1) 

Boston, MA 02109-3912 

12. Inspection and Reporting. The Grantor and all subsequent owners of the Propeliy, during 

the period of their ownership of the Property, shall conduct inspections of the Property in 

any year that a property ownership transfer takes place or there is substantial construction 

activity on the Property, for compliance with the terms of this Environmental Covenant, 

and shall report the results to DEP and EPA in writing within four months ofthe transfer 

or substantial construction activity. 

13. Enforcement. This Environmental Covenant shall be enforceable as authorized by the 

UECA. Any forbearance as to enforcement of any of the terms hereof shall not be 

deemed a waiver of the right to seek and obtain enforcement at any time thereafter as to 

the same violation or as to any other violations. 

14. Amendment or Termination by Consent. The terms and conditions herein may not be 

amended or terminated except by a written instrument duly executed by Grantor, the 

owner of the Property at the time of the amendment or termination, and DEP and EPA or 

their successors in legal function, which instrument shall be duly recorded in the 

Penobscot County Registry of Deeds. Pursuant to 38 MRSA §3010(l)(C), Grantor 

hereby waives its right to consent in the event, at the time of such amendment or 

termination, Grantor is no longer the owner of the Property. 

15. Petition to Modify. Grantor or current owner of the Property may petition the DEP to 

modify or remove some or all of the covenants, restrictions, agreements and obligations 

herein. The burden is upon the party seeking DEP approval of the modification or 

removal of a restriction to show that the restriction is no longer necessary to protect the 

public health and safety and the environment. The DEP may agree to remove or modify 

restrictions that in the exercise of its sole discretion, the DEP determines to be no longer 

necessary to protect the public health and safety and the environment. Any such 

Maine Department of Transportation, Route 7, Corinna 

Declaration of Environmental Covenant 

Page 6 oflO 
amendment or termination of the Environmental Covenant must comply with the UECA 

and the provisions of this Environmental Covenant. 

16. Administrative Record. The Environmental Response Project described in this 

Declaration of Environmental Covenants is based on the Eastland Woolen Mill 

Superfund Site Administrative Record, which has been developed in accordance with 

Section 113(k) of CERCLA, and which is available for review at the Stewart Public 

Library, Corinna, Maine, and at the United States Environmental Protection Agency, 

Region 1, OSRR Records Center, 5 Post Office Square, Boston, Massachusetts. The 

State administrative record for the Environmental Response Project is located at the main 

office ofDEP, whose mailing address is 17 State House Station, Augusta ME 04333-

0017, with a street address of Ray Building, 28 Tyson Drive, Augusta, Maine. 

17. Governing Law. This Environmental Covenant shall be governed and interpreted in 

accordance with the laws of the State of Maine. 

18. Liberal Constmction. It is intended that this Environmental Covenant be constmed 

liberally to protect the health and welfare of the public and the quality of the environment 

from the risk of adverse effects of exposure to hazardous substances. 

19. Invalidity. If any part of this Environmental Covenant shall be decreed to be invalid by 

any court of competent jurisdiction, all of the other provisions ·hereof shall not be affected 

thereby and shall remain in full force and effect. 

20. Recording. Holder shall cause this Declaration to be duly recorded in the Penobscot 

County Registry of Deeds within thirty (30) days after the date of the last required 

signature on this Declaration, and shall, within thirty (30) days thereafter, provide the 

Grantor and EPA with a copy of such recorded Declaration, duly certified by the Register 

of Deeds. 

Maine Department of Transportation, Route 7, Corinna 

Declaration of Environmental Covenant 

Page 7 of 10 
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly 

authorized representative as of the day and year first above written. 

MAINE DEPARTlvJENT OF TRANSPORTATION 

(

, . ~~~ z: ""~r=~~~::'::~) ': ~- By:,,_ "",;"" 'tp.". ~~) \ ~,;> .=z/ ,~~~~=~s \ 

Name: David Bernhardt 

Title: Commissioner 

STATE OF MAINE 

KENNEBEC COUNTY, ss. 

The above-named David Bernhardt personally appeared before me this,) ) day of 

(l~, ,2012 in his capacity as Commissioner and acknowledged the foregoing to be his 

free ad and deed in his said capacity and the free act and deed of the Maine Department of 

Transp'ortation. . ' / 

() , r/ / f~'~~'" . U i L , . ~"'>,i(! \ 

Notary 'Public 

( 

Printed Name 

My Commission Expires: ______ _ 

CHERYLC.MARn~NT 

Notary Public State of Maine 

My commission expires December 5,2017 

Maine Department of Transportation, Route 7, Corinna 

Declaration of Envrronmental Covenant 

Page 8 of 10 
ACKNOWLEDGED AND AGREED TO BY: 

MAINEDE\ART~;~\T OF \Nv-~ONMENTAL PROTECTION 

By' /) "~ t.=~,,~ '''C"/~'5l!{,~d,,! 

Na~e: konald E. Dyer /A'" 

Title: Director, Bureau of RemedIation and Waste Management 

STATE OF MAINE 

KENNEBEC COUNTY, ss. 

The above-named Ronald E. Dyer personally appeared before me this 22.day of 

rYb..tu ,2012 in his capacity as Director of the Bureau of Remediation and Waste 

Manag ment and acknowledged the foregoing to be his free act and deed in his said capacity and 

the free act and deed of the Maine Department of Environme al Protection. 

Printed Name KERRI A. ~INOWSK! .. . Notary PublIC, Maine 

My CommIsSIOn EXn~missjon Expires September 8,2012 

Maine Department of Transportation, Route 7, Corinna 

Declaration of Environmental Covenant 

Page 9 oflO 
ACKNOWLEDGED AND AGREED TO BY: 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

By: ~_T(f-k- e.. ~,1!f Name: es T. o,wens, III 

Title: ector, Office of Site Remediation and Restoration, U.S. EPA, Region 1 

COMMONWEALTH OF MASSACHUSETTS 

SUFFOLK COUNTY, ss. 

On this ;Joa, day of J/I/iil ,2012, before me, the undersigned notary public, 

personally appeared James T. Owehs, III, proven to me through satisfactory evidence of 

identification, which was, qIYi'bllrl,;(~JJ{)to be the person whose name is signed on the this 

document, and acknowledged to me· that he signed it voluntarily for its stated purpose. 

(f) DANNY RODRIGUEZ 

Notary public 

commonwealth of Massac~usetts 

My Commission expIres 

February 3, 2017 

--

Maine Department of.Transportation, Route 7, Corinna 

Declaration of Environmental Covenant 

Page 10 of 10 
EXHIBIT A 

Property Description 

lVIDOT land 

subject to 

Environmental Covenants 

imposed by 

The Maine Department of Environmental Protection 

Corinna, Penobscot County, Maine 

March 29, 2012 

A ceriain lot or parcel of land situated in the Town of Corinna, County of Penobscot, State of 

Maine, being more particularly described as follows: 

BEGINNING at the point of intersection of the easterly sideline of School Street with the 

former southerly sideline of Main Street; 

THENCE, northerly, on an extension of the easterly sideline of School Street, a distance of 33 

feet, more or less, to the centerline of the former Main Street; 

THENCE, North 62° 56' 07" East, along the centerline of fOlmer Main Street, a distance of 

405.26 feet to a point in the westerly sideline of the former Maine Central Railroad right of way 

(MCRR), now land of State of Maine, Department of Conservation, Bureau of Parks & Lands, as 

described in release deed dated December 5, 2003, recorded in Book 9114, Page 1'94 of the 

Penobscot County Registry of Deeds; 

THENCE, southerly, along the westerly sideline of the fOlmer MCRR, a distance of 40 feet, 

more or less, to a point in the southerly sideline of the former Main Street; 

THENCE, continuing southerly, along the westerly sideline of the fOlmer MCRR, a distance of 

552 feet, more or less, to the northeasterly comer ofland of Alice J. Peck & Kenneth J. Jacobs; 

THENCE, southwesterly, along the northerly line of said land of Alice J. Peck & Kenneth J. 

Jacobs, a distance of 69 feet, more or less, to a point in the easterly sideline School Street; 

THENCE, northwesterly, along the easterly sideline of School Street, a distance of 406 feet, 

more or less, to the POINT OF BEGINNING. 

The parcel herein described contains 2.4 acres, more or less. 

EXCEPTING a certain 20 foot wide easement benefitting the Corinna Sewer District as 

Maine Department of Transportation, Route 7, Corinna 

Property Description 

Page 1 of2 
described in Book 2168, Page 802 and Book 2168, Page 805 of the Penobscot County 

Registry of Deeds; 

EXCEPTING a certain 25 foot wide easement benefitting the Corinna Water District as 

described in Book 5903, Page 71 of the Penobscot County Registry of Deeds. 

For source of title reference is made to the State of Maine Department of Transportation Notice 

of Taking dated May 3, 2000, recorded in Book 7357, Page 29 of the Penobscot County Registry 

of Deeds. 

The direction of lines herein are based upon the Maine State Plane Coordinate System, East 

Zone, NAD83 datum. 

Reference is made to a plan entitled "Survey Plan showing property in Corinna subject to 

proposed Environmental Covenants prepared for Maine Depmiment of Environmental 

Protection, Corinna, Penobscot County, Maine", dated September 20, 2011, last revised March 

29,2012, prepared by CES, Inc. 

Maine Department of Transportation, Route 7, Corinna 

Property Description 

Page 2 of2 
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