06-05-2012 a 08=250 

DECLARATION OF ENVIRONMENTAL COVENANT 

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

day of t11{d.-~ ,2012, by the MAINE DEPARTMENT OF CONSERVATION, 

BUREAU OF ~ARKS AND LANDS 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 1.0 

acres in size located in Corinna, Penobscot County, Maine, and described in a deed recorded in 

the Penobscot County Registry of Deeds in Book 9114, Page 194, and described in Exhibit A 

attached hereto and incorporated herein by reference, and being generally depicted as Maine 

Department of Conservation land part of Map 15 Lot lOin the Town of Corinna tax records on 

Tax Map 18, and also shown on the attached Exhibit B ("Properti'); 

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 1 05 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 Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 1 ofl2 
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 EPA is requiring that Grantor execute an environmental covenant with 

respect to the Property as part of the remedial action for the Site; 

WHEREAS, the EPA, Holder, and Grantor 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 Project 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; 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration ofEnvironmenta1 Covenant 

Page 2 of 12 
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; 

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 

theUECA; . 

NOW, THEREFORE, Grantor MAINE DEPARTMENT OF CONSERVATION, 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 mnning with the land, subject to the terms 

hereof, hereby declares, covenants and agrees as follows: 

1. Declaration of Covenant. This instmment 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 mn with the land, and shall be binding on the Grantor, its successors and assigns 

and the Property 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, nor shall the hydrology of such groundwater 

be altered in any way. 

b. Any building constmcted 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. EPA is also an environmental agency with enforcement authority 

pursuant to the UECA. 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 3 of 12 
::=:11..5637 

.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 part 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 ofthe Property and that there are no 

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

adversely affect the effectiveness or enforceability of this 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 

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 of the 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.J-.--' IN FAVOR OF 

AND ENFORCEABLE .BY THE STATE OF MAINE AND THE 

UNITED STATES OF AMERICA. 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 4 of12 
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 of their 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: 

Director, Maine Bureau of Parks and Lands 

Department of Conservation 

22 State House Station 

Augusta, ME 04333-0022 

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 RepOliing. The Grantor and all subsequent owners of the Property, during 

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

every five years, starting in 2015, and 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 by June 30 of each year. 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 5 of 12 
13. Enforcement. This Environmental Covenant shall be enforceable as authorized by the 

UECA. Any forbearance as to enforcement of any of the tenns 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 Tennination by Consent. The tenTIS and conditions herein may not be 

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

owner of the Property at the time of the amendment or tennination, 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(1)(C), Grantor 

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

tennination, Grantor is no longer the owner ofthe 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 detennines to be no longer 

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

amendment or tennination 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 Construction. It is intended that this Environmental Covenant be construed 

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. 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 6 of 12 
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 Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 7 of 12 
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 DEPARTMENT OF CONSERVATION 

BUREAU OF PARKS AND LANDS 

./' /,~ ,/>~/ . ~~~e: ~ta;t~t~kt--¢ Title: Director, Maine Bureau of Parks and Lands 

STATE OF MAINE 

KENNEBEC COUNTY, ss. , 

nA :?" ' , 

The above-named Willard Ranis personally appeared before me this··,Z> day of !ldLr? ,2012 in his capacity as Director and acknowledged the foregoing to be his free 

act and'tleed in his said capacity and the free act and deed of the Maine Depmiment of 

Conservation, Bureau of Parks and Lands., " 

\L!\Ll(lluJ/Ll~~(J Notary Public 

Printed N arne MELISSA A. MACALUSO 

My Commission Expires: Notary Public" State of Maine 

My Commission Expires February 7,2018 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 8 of 12 
ACKNOWLEDGED AND AGREED TO BY: 

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Name: Rdri~ld E. Dyer 

By: (jl C~ Title: Director, Bureau of Remediation and Waste Management 

STATE OF MAINE 

KENNEBEC COUNTY, ss. 

, ' I 

/"The above-named Ronald E. Dyer personally appeared before me this <~/,,~day of 

.'1~~1 ,{ , 2012 in his capacity as Director of the Bureau of Remediation and Waste 

Managernent 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 Environmental Protection . .' I 

,,_ 

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Notary, PVqlic . ( >( h'/' ,":'!>/' ;'/' , .. c. .. '--..- •• , " i' t" • .i \ 

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Printed Name 

My Commission Expires: _/_1_-'-'-___ _ 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 9 of 12 
ACKNOWLEDGED AND AGREED TO BY: 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

By: 

Name: j1a. es T. Owens, III 

Title: 19 ector, Office of Site Remediation and Restoration, U.S. EPA, Region 1 

Date: S~·(z"t( e2 

COMMONWEALTH OF MASSACHUSETTS 

SUFFOLK COUNTY, ss. 

On this _,_.'_' day of , 2012, before me, the undersigned notary public, 

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

identification, which was, c, . " 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. 

DANNY RODRIGUEZ 

Notary Public 

Oommonwealth of Massachusett, 

My Commission Expires 

February 3, 2017 """"",~"",.,.~"-.;",,,",< ...... ~--. =~=-01 

Notary Public 

Printed Name 

My Commission Expires: ______ _ 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Environmental Covenant 

Page 10 of12 
EXHIBIT A 

Property Description 

MDOC land 

subject to 

Environmental Covenants 

imposed by 

The Maine Department of Environmental Protection 

Corinna, Penobscot County, Maine 

March 29, 2012 

A certain lot or parcel of land situated in the Town of Corimla, County of Penobscot, State of 

Maine, being a portion of the fOlmer Maine Central Railroad right of way (MCRR), the 

centerline of which being more particularly described as follows: 

BEGINNING at a point situated South 79° 44' 44" East, a distance of 33.00 feet from the 

southeasterly corner of land of the State of Maine as described in the Maine Department of 

Transportation Notice of Taking dated May 3, 2000, recorded in Book 7357, Page 29 of the 

Penobscot County Registry of Deeds; 

THENCE, North 10° 15' 16" East, a distance of 465.56 feet to a point of curvature; 

THENCE, northerly, along a tangent curve to the left having a radius of 1637.02 feet, an arc 

distance of 461.88 feet to a point situated North 89° 59' 44" East, a distance of 31.46 feet from a 

%" capped (PLS #2292) iron rod set in the westerly sideline of the MCRR. 

The parcel herein described contains 1.0 acres, more or less. 

For source of title reference is made to a release deed from Maine Central Railroad Company to 

State of Maine, Department of Conservation, Bureau of Parks & Land dated December 5, 2003, 

recorded in Book 9114, Page 194 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 Department of Environmental 

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

29,2012, prepared by CES, Inc. 

Maine Department of Conservation, Four Seasons Adventure Trail, Corinna 

Declaration of Envrronmental Covenant 

Page 11 of 12 
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