DECLARATION OF ENVIRONMENTAL COVENANT 

This ENVIRONMENTAL COVENANT is hereby declared and granted as ofthis~ 

day of IY1Q~ , 2012, by the CENTRAL MAINE POWER COMPANY, a 

corporation org zed and existing under the laws of the State of Maine . and having its principal 

place of business at 83 Edison Drive, 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 located in Corinna, 

Penobscot County, Maine, and described in a indenture dated May 2, 1956 and recorded in the 

Penobscot County Registry of Deeds in Book 1532, Page 228, and being generally depicted in 

Exhibit A attached hereto and incorporated herein by reference, and generally depicted as 

Central Maine Power Company land in the Town of Corinna tax records as Lot 4 on Tax Map 

20, ("Property"); 

WHEREAS, the Property is part by the former Eastland Woolen Mill properties, 

contaminated portions of which are now known as 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: 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration of Environmental Covenant 

Page 1 of9 
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 groundw<1;ter 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 Proj ect 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 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; 

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; 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration of Environmental Covenant 

Page 2 of9 
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 CENTRAL MAINE POWER COMPANY, 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 terms 

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 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. No septic system shall be constructed or installed on the Property; any 

improvements on the Property shall be connected to municipal water delivery and 

sewer collection systems. 

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. 

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 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration of Environmental Covenant 

Page 3 of9 
Bk :IL 28~~::l!7 pg 2!:5 =::1.5636 

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 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 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 _'_' 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. 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration ofEIivironmental Covenant 

Page 4 of9 
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: 

Central Maine Power Company 

83 Edison Drive 

Augusta, ME 04330 

Attention: Roy Koster 

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 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 of the Propeliy, during 

the period of their ownership ofthe 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. 

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. 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration of Environmental Covenant 

Page 5 of9 
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. 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 seeldng 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 

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,S 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. 

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 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration ofEnvrronmental Covenant 

Page 6 of9 
Grantor and EPA with a copy of such recorded Declaration, duly certified by the Register 

of Deeds. 

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly 

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

The above-named h~ \( e '1 \ d'\C\'( c\ L) personally appeared before me this day of 

rY\c\.~ ,2012 in hislher capacity as ~~;~X\P(V \ cJU C and acknowledged the 

foregoi· g to be his/her free act and deed in his/her said capacity and the free act and deed of the 

Central Maine Power Company. 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration of Environmental Covenant 

Page 7 of9 

Patricia Ann. McCaul 

Notary Public, Maine 

My Commission Expires: April 7,2019 
ACKNOWLEDGED AND AGREED TO BY: 

MAINE D.~RTMENT OF IRONMENTAL PROTECTION 

/ I ~ C:' 

By: +I+!_· ______________ ~~ Name: onald E. Dyer 

Title: Director, Bureau of Remediation and Waste Management 

Date: (l.. c S '1, 2,01 L 

f 

STATE OF MAINE 

KENNEBEC COUNTY, ss. 

,. i//'/ 

;fhe above-named Ronald E. Dyer personally appeared before me this/i day of 

:Ii. ,2012 in his capacity as Director of the Bureau of Remediation and Waste 

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

the free act and deed of the Maine Departme~t of Environmental Protection. 

Nota,ry, Public " /.I"~ I 

~_ /1'//(:,1/1),_- /"/..'._ 

Printed Name 

My Commission Expires: 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration of Environmental Covenant 

Page 8 of9 
ACKNOWLEDGED AND AGREED TO BY: 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

'~-r~) ---f----

By: ~~~.~ j (_.-.... _-=--.---.- Il---·'~-- Name;.<I es T. Owens, III 

Titlq~>Director, Office of Site Remediation and Restoration, U.S. EPA, Region 1 

t ! ! 

Date: 5{ '2(, r 2/ 

COMMONWEALTH OF MASSACHUSETTS 

SUFFOLK COUNTY, ss. 

I 

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,; , 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. 

Notary Public 

' .. ': 

Printed Name 

My Commission Expires: -'-_____ _ 

Central Maine Power Company, Substation, Corinna, Maine 

Declaration of Environmental Covenant 

Page 9 of9 
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