06-05-2012 @ 08=25a



### DECLARATION OF ENVIRONMENTAL COVENANT

This ENVIRONMENTAL COVENANT is hereby declared and granted as ofthis**~':l~** day of**~o-'** ,2012, by the MAINE DEPARTMENT OF TRANSPORTATION, having its principal place ofbusiness inAugusta, Kennebec County, State ofMaine ("Grantor"), to the MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP" or "Holder") onproperty located in Corinna, Penobscot County, Maine, as more fully described below. WHEREAS, Grantor is the owner in fee simple ofa certainproperty ofapproximately 2.4 acres in size located in Corinna, Penobscot County, Maine, and described in a Notice ofLayout and Taking dated May 3,2000 and recorded inthe Penobscot County Registry ofDeeds in Book 7357, Page 29, and described in Exhibit A attached hereto and incorporated hereinbyreference, and being generally depicted as Maine Department ofTransportation land inthe Town of Corinna tax records onTax 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 ofthe Eastland Woolen Mill Superfund Site ("Site"), which the U.S. Environmental ProtectionAgency ("EPA") placed on the National Priorities List pursuant to Section 105 ofthe 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 inthe Federal Register on July 22, 1999 (64 Fed. Reg. 39878); WHEREAS, the Site is also identified as a portion ofthe Corinna Main Street and Eastland Woolen Mill Uncontrolled Hazardous Substance Site designated byDEP on February 25, 1991 pursuantto 38 M.R.S.A. §§ 1364 and 1365; WHEREAS, pursuantto an ActionMemorandum dated July 1999 and amended June 2000, September 2000, May 2001, and June 2004 (the "ActionMemorandum"), a non-timecritical removal action ("removal") was initiated by EPA to, inter alia, remove hazardous substances in contaminated soils in an areaknown as "downtown Corinna" that were acting as a source ofgroundwater, surface water and sediment contamination; WHEREAS, in a Record ofDecision dated September 19, 2002 and amended September 28,2006 (the "ROD"), the EPA, withthe concurrence ofthe 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"), whichprovides, in part, for the following actions:

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvironmental Covenant Page 1 of 10a. In-situ treatment ofthe contaminated overburden and bedrock groundwater and remaining areas ofcontaminated soil, including dense non-aqueous phase liquid ("DNAPL") belowthe water table. A short-term groundwater collection and treatment system will be operated as part ofthe in-situtreatment program; b. Connection ofcertain residences to the water supply lines to preventtheir wells from becoming contaminated and to prevent expansion ofthe contamination in the groundwater;

c. Implementation, monitoring and maintenance ofinstitutional controls inthe form ofgroundwater use restrictions to prevent ingestion ofgroundwater and disturbance ofthe groundwater extraction and treatment system; d. Long-term monitoring ofgroundwater, surface water, biota, and sediments to evaluate the success ofthe remedial action; and

e. Implementation offive-year reviews to assess the protectiveness ofthe remedy until cleanup goals have been met. WHEREAS, the documents supporting the Environmental Response Project maybe found in the Administrative Record for the Site; WHEREAS, the parties hereto have agreed that itis 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 ofthe Property, protecting humanhealth and the environment, and protectingthe Environmental Response Project that has been and will be performed at the Site; and (2) grant a permanentright ofaccess to the Holder and to EPA over the Property for purposes ofimplementing, 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 thatterm is defined inthe UECA, and DEP also is an agency under the UECA;WHEREAS, EPA has the right ofan agency to enforce this Environmental Covenant pursuant to the UECA, but this right is not an interest inreal property; WHEREAS, DEP is the only holder ofthis Environmental Covenant, as that term is defined inthe UECA, and DEP is entitled to exercise the rights ofa holder including enforcing this Environmental Covenant, pursuant to the UECA;

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvironmental Covenant Page 2 of 10WHEREAS, Grantor wishes to cooperate fully with the DEP and the EPA inthe implementation and monitoring ofthe Environmental Response Project; and WHEREAS, Grantor intends to create and grant an Environmental Covenantpursuant to the UECA; NOW, THEREFORE, Grantor MAINE DEPARTMENT OF TRANSPORTATION, for and in consideration ofthe 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 ofCovenant. 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 withthe land, and shall be binding on the Grantor, its successors and assigns and the Propeliy inperpetuity:

a. Groundwater underlying the Property shall not be extracted, consumed, exposed or utilized in any way, except for the limited purpose ofextracting, treating and/or monitoring groundwater contamination levels in accordance withplans approved by the Holder and the EPA. Groundwater supply wells shall not be installed or utilized on anypart ofthe Property. Anymeasures that could alter the water table or flow direction ofthe groundwater shall be subject to review by DEP. A written description and plan ofthe activity along with an assessment ofany anticipated impact on the contaminantplume shall be provided to DEP and EPA at least 14 days priorto the implementation ofsuch activity. DEP may require alteration or disapprove the proposed measure ifit concludes there could be an adverse impact onthe contaminant plume. b. No use or activity shall be pennitted on the Property, unless otherwise provided herein, which mayimpede the construction or implementation ofthe remedial action or which will disturb any ofthe remedial measures implemented as the first operable unit or damage any ofthe equipment or machinery installed at the Property in connection therewith. Such remedial measures include, without limitation, the injection ofchemical reagents or other substances to treat soil and groundwater, collection, treatment, and discharge ofgroundwater; the excavation, de-watering, storage, consolidation, treatment and disposal ofsoils; and the monitoring ofair, groundwater, surface waters, soil, sediment and biota.

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvironmental Covenant Page 3 of 10c. Any subsurface materials below a depth of5 feet within the portion ofthe Propertythat is bounded by Lot 1, Nokomis Road and [new] Route 7, as shown onExhibit B, that are displaced as a result offilling, 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 ofseptage shall be constructed or installed onthe 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 ofsoil vapors into the interior ofthe building. 4. Agency and Holder. DEP is an environmental agency with enforcement authority pursuant to the UECA and is the only Holder ofthe Environmental Covenant granted in this Declaration. EPA is also an environmental agency with enforcement authority pursuant to the UECA. 5. Perpetuity ofCovenant. 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 inthis paragraph, shall mean any future owner ofany interest in the Property or any portionthereof, including, but not limited to, owners ofan interest in fee simple, mortgagees, easementholders, lessees and lien holders. Bythe acceptance ofa deed ofconveyance ofall or any pmi ofthe Property or any interest therein, whether or notthe deed shall so express, all successors, assigns, and transferees shall be deemed to have accepted the Property subjectto the restrictions contained herein and shall be deemed bound by, obligated to comply with, and otherwise subjectto the restrictions herein and this Environmental Covenant. 6. Representation ofOwnership and Encumbrances. Byits executionhereof, Grantor herebyrepresents that it is the sole owner infee ofthe Property and that there are no mortgages, easements or other encumbrances on the Propertythat 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 ofaccess to the Property, without cost and upon presentation ofcredentials, for the purposes of

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvironrnental Covenant Page 4 of 10implementing, 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 ofthe Property, during the period oftheir ownership ofthe Property, shall provide notice ofthis Environmental Covenant to any tenants or lessees thereofand to any otherperson conducting any activity onthe Property that is prohibited by this Environmental Covenant, which notice shall be providedprior to such occupancy or activity. 9. Notice upon Conveyance. Each instrument hereafter conveying any interest in the Property or any portionthereof, including but not limited to deeds, leases and mortgages, shall contain a notice that is in substantiallythe following form: NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO A DECLARATION OF ENVIRONMENTAL COVENANT, RECORDED IN THE COUNTYREGISTRY OF DEEDS ON ,2012, IN BOOK , . ,PAGE

. IN FAVOR OF 

# -. AND ENFORCEABLE BYTHE STATE OF MAINE AND THE UNITED STATES OF AMERICA. Withinthirty (30) days ofthe date any such instrument ofconveyance is executed, such instrument shall be recorded in the Penobscot County Registry ofDeeds, and the grantor ofsuch instrument shall notify DEP and EPA in writing ofsuchrecording by delivery of a copy ofthe recorded instrument, duly certifiedbythe Register ofDeeds. 10. Notice ofNoncompliance. The Grantor and all subsequent owners ofthe Property, duringtheperiod oftheir ownership ofthe Property, shall provide written notice to DEP and EPA withinten (10) working days ofdiscovery ofany noncompliance with this Environmental Covenant. 11. Notice Pursuantto Covenant. Any notice or other communicationrequiredpursuant to this instrument shall be in writing and shall be sent by certified mail, returnreceipt requested, orby any commercial carrier as provides proofofdelivery, 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 ofTransportation 16 State House Station Augusta, ME 04333-0016

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvironmental Covenant

. Page 5 of 10ToDEP: Superfund ProgramManager Department ofEnvironmental Protection Bureau ofRemediation and Waste Management 17 State House Station Augusta, Maine 04333-0017 To EPA: Remedial Project 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 ofthe Propeliy, during the period oftheir ownership ofthe Property, shall conduct inspections ofthe 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 ofthis 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 ofany ofthe terms hereofshall not be deemed a waiver ofthe 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 ofthe Property at the time ofthe amendment or termination, and DEP and EPA or their successors in legal function, which instrument shall be duly recorded in the Penobscot County Registry ofDeeds. Pursuant to 38 MRSA §3010(l)(C), Grantor hereby waives its right to consent inthe event, at the time ofsuch amendment or termination, Grantor is no longer the owner ofthe Property. 15. Petitionto Modify. Grantor or current owner ofthe Property maypetition the DEP to modify or remove some or all ofthe covenants, restrictions, agreements and obligations herein. The burden is upon the party seeking DEP approval ofthe modification or removal ofa 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 ofits sole discretion, the DEP determines to be no longer necessary to protect the public health and safety and the environment. Any such

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvironmental Covenant Page 6 oflOamendment or termination ofthe Environmental Covenant must comply with the UECA and the provisions ofthis Environmental Covenant. 16. Administrative Record. The Environmental Response Project described in this Declaration ofEnvironmental Covenants is based on the Eastland Woolen Mill Superfund Site Administrative Record, which has been developed in accordance with Section 113(k) ofCERCLA, and which is available for review at the Stewart Public Library, Corinna, Maine, and at the United States Environmental Protection Agency, Region 1, OSRRRecords 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 ofRay Building, 28 Tyson Drive, Augusta, Maine. 17. Governing Law. This Environmental Covenant shall be governed and interpreted in accordance with the laws ofthe State ofMaine. 18. Liberal Constmction. Itis intendedthat this Environmental Covenant be constmed liberally to protect the health and welfare ofthe public and the quality ofthe environment from the risk ofadverse effects ofexposure to hazardous substances. 19. Invalidity. Ifany part ofthis Environmental Covenant shall be decreed to be invalid by any court ofcompetentjurisdiction, all ofthe other provisions ·hereofshall not be affected thereby and shall remain in full force and effect. 20. Recording. Holder shall cause this Declaration to be duly recorded inthe Penobscot County Registry ofDeeds within thirty (30) days after the date ofthe last required signature on this Declaration, and shall, within thirty (30) days thereafter, provide the Grantor and EPA with a copy ofsuch recorded Declaration, duly certified by the Register ofDeeds.

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvironmental Covenant Page 7 of 10IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized representative as ofthe day and year first above written.

MAINEDEPARTlvJENTOF TRANSPORTATION ( , .

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# ':**~-** 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 inhis capacity as Commissioner and acknowledged the foregoing to be his free adand deed in his said capacity and the free act and deed ofthe Maine Department of Transp'ortation.

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Notary'Public ( Printed Name My Commission Expires:

______ _**CHERYLC.MARn~NT** Notary Public State 

### ofMaine My commission expires December 5,2017

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvrronmental Covenant Page 8 of 10ACKNOWLEDGED 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 ofRemedIation 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 inhis capacity as Director ofthe Bureau ofRemediation and Waste Manag ment and acknowledged the foregoing to be his free act and deed inhis said capacity and the free act and deed ofthe Maine Department ofEnvironme al Protection.

PrintedName KERRI A.**~INOWSK!**

.. . Notary PublIC, Maine My CommIsSIOn**EXn~missjon** Expires September 8,2012

Maine Department ofTransportation, Route 7, Corinna Declaration ofEnvironmental 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 ofSite 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 statedpurpose. 

# (f) DANNY RODRIGUEZ Notary public commonwealth of**Massac~usetts**

My Commission expIres February 3, 2017



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Maine Department of.Transportation, Route 7, Corinna Declaration ofEnvironmental Covenant Page 10 of 10EXHIBIT A Property Description lVIDOT land

subject to Environmental Covenants imposed by The Maine Department ofEnvironmental Protection Corinna, Penobscot County, Maine March 29, 2012 

### A ceriain lot or parcel ofland situated in the Town of Corinna, County ofPenobscot, 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 ofMain Street; THENCE, 

### northerly, on an extension ofthe easterly sideline of School Street, a distance of33 feet, more or less, to the centerline ofthe 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 ofthe former Maine Central Railroad right ofway (MCRR), now land ofState ofMaine, Department ofConservation, Bureau ofParks & 

### Lands, as described in release deed dated December 5, 2003, recorded in Book 9114, Page 1'94 of the Penobscot County Registry ofDeeds; 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 ofthe former Main Street; THENCE, 

### continuing southerly, along the westerly sideline ofthe fOlmer MCRR, a distance of 552 feet, more or less, to the northeasterly comer ofland ofAlice J. Peck & 

### Kenneth J. Jacobs; THENCE, 

### southwesterly, along the northerly line of said land ofAlice J. 

### Peck & 

### Kenneth J. Jacobs, a distance of69 feet, more or less, to apoint 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 ofTransportation, Route 7, Corinna Property Description Page 1 of2described in Book 2168, Page 802 and Book 2168, Page 805 ofthe Penobscot County Registry ofDeeds; EXCEPTING a certain 25 foot wide easement benefitting the Corinna Water District as described in Book 5903, Page 71 ofthe Penobscot County Registry ofDeeds. For source oftitle reference is made to the State ofMaine Department ofTransportationNotice ofTaking dated May 3, 2000, recorded inBook 7357, Page 29 ofthe Penobscot County Registry ofDeeds. 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 ofTransportation, Route 7, Corinna Property Description Page 2 of2' ....... 

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