HomeMy WebLinkAboutEnvironmental Land Use Restriction MURTHA
CU LLI NA
ATTORNEYS AT LAW
CHELSEY L.LOMBARDO
BUSINESS AND FINANCE PARALEGAL
860:240. 92DIRECTTELEPHONE RECEIVED
860240.5882 DIRECT FACSIMILE
C LOMBARDO@MU RTHALAW.COM
February 7, 2018 FEB 0 9 2018
CERTIFIED MAIL RETURN RECEIPT REQUESTED TOWN MANAGER'S OFFICE
TOWN OF SOUTH WINDSOR
Town of South Windsor
Attn: Mr. Matthew B. Galligan, Town
Manager
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Environmental Land Use Restriction
273 Chapel Road, South Windsor, Connecticut
Dear Mr. Galligan:
Pursuant to Section 22a-133q-10) of the Regulations of Connecticut State
Agencies which requires us to provide you with these documents, enclosed please find
one set of paper copies of the following documents in connection with the above-
referenced property:
1. Copy of certified copy of Declaration of Environmental Land Use
Restriction and Grant of Easement and supporting documents recorded in
Book 2632, Page 81 of the South Windsor Land Records; and
2. Copy of the A-2 Survey which shows the subject property. Full-size copies
of this Survey have been provided to the requisite Boards/Commissions
for approval prior to recording on the land records.
If you have any questions, please do not hesitate to contact me.
Sin rel '
Ch I y . Lombardo
Business and Finance Paralegal
Enclosures
cc: Jade Barber (w/o enclosures) Murtha Cullina LLP
99 High Street
Boston,MA 02110
T 617.457.4000
F 617.482.3868
8MQ99RvN E C T I C U T + MASSACHUSETTS + NEW YORK MURTHALAW.COM
Declaration of Environmental band Use Restriction and Grant of Easement
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y 273 Chapel Road,South Windsor,CT '
After Recordtnp Return to: i
Environmental Land Use Restriction Coordinator 180910. I
State of Connecticut Department of Energy&Environmental Protection
Remediation Division
Bureau of Water Protection and Land Reuse
79 Elm Street
Hartford,CT 06106
DECLARATION OF ENVIRONMENTAL LAND USE RESTRICTION
AND GRANT OF EASEMENT
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This Peclaration of Environmental land use restriction and Grant of Easement is made this o2 day of
20 between Twin Manufacturing Company (the "Grantor") and the
Co issioner f Energy&Environmental Protection of the State of Connecticut(the "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner in fee simple of certain real property(the"Property")described below:
Street address:273 Chapel Road
City/Town: South Windsor
State: Connecticut I
I Assessor's Map 22
Block NA
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Lot 23
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and/or
Assessors' Account Number: NA
Volume and Page of Deed:2294/303
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A description of the property is attached hereto as Exhibit A,and which is made a part hereof;and
WHEREAS, the Grantee has the authority to enter into this declaration of environmental land use
restriction pursuant to sections 22a-5,22a-6,and 22a-133o et seq.of the General Statutes;and
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I certify this to be a true copy
of the document recorded
in South Windsor Land Records.
Dated at South Windsor CT
this �`1�Ilda f
Town Wlt�r�ks-, ,
Declaration.Document- 1
2`a
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VOL 2b32PAGEO0G
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Instructions-Select one of the two choices below by checking the applicable check box.
® If the Commissioner of Energy&Environmental Protection signs the environmental land use
restriction:
WHEREAS, the Grantee has determined that the environmental land use restriction set forth below is
consistent with regulations adopted pursuant to section 22a-133k of the General Statutes; and
WHEREAS, the Grantee has determined that this environmental land use restriction will effectively
protect human health and the environment from the hazards of pollution;and
WHEREAS, the Grantee's written approval of this environmental land use restriction is contained in
the document attached hereto as Exhibit B (the Decision Document)which is made a part hereof;and
❑ If a Licensed Environmental Professional signs the environmental land use restriction pursuant
to section 22a-133y of the General Statutes:
WHEREAS, remediation of the property has been conducted in accordance with section 22a-133y of
the General Statutes;and
s
WHEREAS, the Licensed Environmental Professional whose signature appears below has determined
that the environmental land use restriction set forth below is consistent with regulations adopted by the
Commissioner of Energy&Environmental Protection pursuant to section 22a-133k of the General
Statutes;and
WHEREAS, the Licensed Environmental Professional whose signature appears below has determined
that this environmental land use restriction will effectively protect human health and the environment from
the hazards of pollution;and
WHEREAS, the Grantee's written approval of this environmental land use restriction is contained in
the document attached hereto as Exhibit B (the Decision Document)which is made a part hereof; and
Declaration Document-2
VOL 2b32 00 U J
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
WHEREAS, the property or portion thereof identified in the class A-2 survey(the"Subject Area")which
survey is attached hereto as Exhibit C which is made a part hereof,contains pollutants;and
WHEREAS, to prevent exposure to or migration of such pollutants and to abate hazards to human health
and the environment,and in accordance with the Decision Document,the Grantor desires to impose certain
restrictions upon the use, occupancy, and activities of and at the Subject Area, and to grant this
environmental land use restriction to the Grantee on the terms and conditions set forth below;and
WHEREAS, Grantor intends that such restrictions shall run with the land and be binding upon and
enforceable against Grantor and Grantor's successors and assigns;
NOW,THEREFORE,Grantor agrees as follows:
I. Purpose. In accordance with the Decision Document,the purpose of this environmental land use
restriction is to assure that the use and activity at the property and the Subject Area is restricted in accordance
t with the requirements of the Decision Document attached hereto as Exhibit B.
F 2. Restrictions Applicable to the Subject Area: In furtherance of the purposes of this environmental
land use restriction, Grantor shall assure that use, occupancy, and activity of and at the Subject Area are
restricted in accordance with the requirements of the Decision Document,attached hereto as Exhibit B. Such
restrictions shall remain in effect unless and until a release is obtained under paragraph 5 below.
3. Except as provided in Paragraph 4 below,no action shall be taken, allowed,suffered,or omitted if
such action or omission is reasonably likely to:
i. Create a risk of migration of pollutants or a potential hazard to human health or the
environment;or
ii. Result in a disturbance of the structural integrity of any engineering controls designed or utilized
at the Property to contain pollutants or limit human exposure to pollutants.
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4. Emergencies. In the event of an emergency which presents a significant risk to human health or
the environment,the application of Paragraphs 2 and 3 above may be suspended,provided such risk cannot
be abated without suspending said Paragraphs and the Grantor:
i. Immediately notifies the Grantee of the emergency;
ii. Limits both the extent and duration of the suspension to the minimum reasonably necessary to
adequately respond to the emergency;
iii. Implements all measures necessary to limit actual and potential present and future risk to human
health and the environment resulting from such suspension;and
iv. After the emergency is abated,implements a plan approved in writing by the Grantee,on a schedule
approved by the Grantee,to ensure that the Subject Area is remediated in accordance with R.C.S.A.
sections 22a-133k-1 through 22a-133k-3, inclusive, or restored to its condition prior to such
emergency.
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Declaration Document-3 I
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VUL Z b J Z PAGE U U U.4
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
S. Release of Restriction;Alterations of the Subject Area. Grantor shall not make,or allow or suffer
to be made,any alteration of any kind in,to,or about any portion of the Subject Area inconsistent with this
environmental land use restriction until a release has been approved by the Commissioner and such release
is either recorded on the land records in the municipality where such parcel is located or the requirement to
record such a release is waived by the Commissioner pursuant to section 22a-133o of the General Statutes.
The Grantee shall not approve any permanent release of the Property from the provisions of this
environmental land use restriction unless.the Grantor demonstrates to the Grantee's satisfaction that Grantor
has remediated the Subject Area in accordance with R.C.S.A. sections 22a-133k-1 through 22a-133k-3,
inclusive.
6. Grant of Easement to the Grantee. Grantor hereby grants and conveys to the Grantee,the Grantee's
agents,contractors,and employees,and to any person performing pollution remediation activities under the
direction thereof, a non-exclusive easement (the "Easement") over the Subject Area and over such other
parts of the Property as are necessary for access to the Subject Area or for carrying out any actions to abate
a threat to human health or the environment associated with the Subject Area. Pursuant to this Easement,
the Grantee, the Grantee's agents, contractors, and employees, and any person performing pollution
remediation activities under the direction thereof, may enter upon and inspect the Property and perform
such investigations and actions as the Grantee deems necessary for any one or more of the following
purposes:
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i. Ensuring that use, occupancy, and activities of and at the Property are consistent with this
environmental land use restriction;
Iii. Ensuring that any remediation implemented complies with R.C.S.A. sections 22a-133k-1 through
j 22a-133k-3, inclusive;
iii. Performing any additional investigations or remediation necessary to protect human health and the
environment;
iv. Ensuring the structural integrity of any engineering controls described in Exhibit B of this
environmental land use restriction and Grant of Easement and their continuing effectiveness in
containing pollutants and limiting human exposure to pollutants.
7. Notice and Time of Entry onto Property. Entry onto the Property by the Grantee pursuant to this
Easement shall be upon reasonable notice and at reasonable times,provided that entry shall not be subject
to these limitations if the Grantee determines that immediate entry is necessary to protect human health or
the environment.
8. Notice to Lessees and Other Holders of Interests in the Property. Grantor, or any future holder of
any interest in the property, shall cause any lease,grant,or other transfer of any interest in the Property to
include a provision expressly requiring the lessee,grantee,or transferee to comply with this environmental
land use restriction and Grant of Easement. The failure to include such provision shall not affect the validity
or applicability to the Property of this environmental land use restriction and Grant of Easement.
9. Persons Entitled to Enforce Restrictions. The restrictions in this environmental land use restriction
on use,occupancy, and activity of and at the Property shall be enforceable in accordance with section 22a-
133p of the General Statutes.
10. Severability and Termination. If any couit of competent jurisdiction detei,inincs that any
provision of this environmental land use restriction or Grant of Easernont is invatid or unenforceable,such
provision shall be deemed to have been modified automatically to conform to tho requirements for validity
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D?claration Document-4
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YULGU J muctjvv%j
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
and enforceability as determined by such court. In the event that the provision invalidated is of such nature
that it cannot be so modified,the provision shall be deemed deleted from this instrument as though it had
never been included herein. In either case,the remaining provisions of this instrument shall remain in full
force and effect. Further, in either case, the Grantor shall submit a copy of this restriction and of the
Judgment of the Court to the Grantee in accordance with R.C.S.A. section 22a-133q-1(1). This
environmental land use restriction shall be terminated if the Grantee provides notification pursuant to
R.C.S.A. section 22a-133q-1(1).
11. Binding Effect. All of the terms, covenants and conditions of this environmental land use
restriction and grant of easement shall run with the land and shall be binding on the Grantor,the Grantor's
successors and assigns, and each owner and any other party entitled to possession or use of the Property
during such period of ownership or possession.
12. Terms Used Herein. The definitions of terms used herein shall be the same as the definitions
contained in sections 22a-133k-1 and 22a-133q-1 of the Regulations of Connecticut State Agencies as such
sections existed on the date of execution of this environmental land use restriction.
Signature Page Follows
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Declaration Document-5
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Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South'Windsor,CT
In witness w reof,the undersigned has/ ave executed this Environmental Land Use Restriction this IL
day of �t 20
Witnessed by: Twin Manufacturing Company
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By: C
Printed/Typed Name Witness 1: Q , Danie L.Peach
Its duly authorized President
Printedrryped Name Ines
a �
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Mailing Address:
Street Address:273 Chapel Road
City/Town:South Windsor
State and Zip Code: CT, 06074
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Declaration Document• 6
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Instructions Notarization Language for Grantor Acknowledgement-select appropriate notarization
language from one of the choices below by checking the applicable check box and providing the
information required.
❑ If the Grantor is an individual
State of
County of
On this Day day of Month,Year before me, Name of Notary Public or Commissioner of the Superior Court
1 the undersigned officer,personally appeared Name of Individual or Individuals,known to me(or satisfactorily
proven)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged that
he/she/they executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
Notary Public or Commissioner of the Superior Court
Date Commission Expires Date
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OR
® If the Grantor is a Corporation:
State of {CTJ
County of {Hartford
ell
On this ZZ day of YZV T, 20 before me, -�� �
the undersigned officer, personally app6ared Daniel L. Peach, who acknowledged himseLVherself to be the
President of Twin Manufacturing Company, a corporation, and that he/she, as such President, being
authorized to do so,executed the foregoing instrument for the purposes therein contained,by signing the name
of the corporation by himself/herself as President.
In witness whereof I hereunto set my hand.
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Notary Public or Commissioner of the Superi r Court
Date Commission Expires /%``�V
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)r,^c1:r,lion)_?orumcnt •7
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VOL 2 b 3 2 PAoE o "
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Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
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OR
❑ If the Grantor is a Limited Liability Company:
State of
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County of
On this Day day of Month,Year before me,Name of Notary.Public or.Commissloner of the Supenor;Cou--
the undersigned officer, personally appeared Name of Office, who acknowledged himself/herself to be the
Title of Officer of Name of Limited Liability Companyr, a(member managed or manager managed) limited
liability, company, and that he/she,as such Title:of Officer,being authorized to do so, executed the foregoing
instrument for the purposes therein contained, by signing the name of the limited liability company by
himself/herself as Title of Officer.
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In witness whereof I hereunto set my hand.
Notary Public o�Commissioner of 6.
Superior Courf
Date Commission Expires Date
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OR
❑ If the Grantor is any other type of entity, provide appropriate language for the Grantor Entity
below:
j guage for a maUnlimited spaceprovided toinsertappropriatecerification(an Aw s spec►fiet
in Section.1'84:of the G_erlerai;Statut"es
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VOL 2b32pAo000
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,"South Windsor,CT
Instructions Grantee Signature Block-Select one of the two choices below,as applicable;
® This choice is used for all environmental land use restrictions except those approved pursuant to
section 22a-133y of the General Statutes.
Grantee: The Grantee,the Commissioner of Energy&Environmental Protection or by the
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Commissioner's duly designated agent,Betsey Wingfield,Bureau Chief.
By:
Date: / Z Z-�/ -
Name:Betsey Wingfield
Its Duly Authorized:Bureau Chief
Mailing Address:
Bureau of Water Protection and Land Reuse
i Connecticut Department of Energy&Environmental Protection
Street Address: 79 Elm Street
City/Town:Hartford
State and Zip Code: Connecticut 06106
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❑ This choice is used solely for environmental land use restrictions approved pursuant to section
22a-133y of the General Statutes.
Grantee: The Grantee,the Commissioner of Energy&Environmental Protection,by the undersigned
Licensed Environmental Professional authorized as a duly designated agent pursuant to section 22a-
133y of the Connecticut General Statutes.
j Licensed Environmental Professional as Duly Authorized Agent for Grantee,the Commissioner of
Energy&Environmental Protection:
By:
Date:
Name:Pnnted/Typed Name of Licensed Environmental Professional
Its Duly Authorized Agent:Licensed Environmental Professional authorized pursuant
to section 22a-133y of the Connecticut General Statutes
Grantee Mailing Address:
Bureau of Water Protection and Land Reuse
Connecticut Department of Energy&Environmental Protection
Street Address: 79 Elm Street
City/Town:Hartford
State and Zip Code: Connecticut 06106
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flt2b3ZP QO Q
Declaration of Environmental Land Use Restriction and Grant of Basement
273 Chapel Road,South Windsor,CT
Information for Duly Authorized Agent for Grantee(Licensed Environmental Professional):
Name:Name of Licensed Environmental Professional
License Number License Number
Title,if applicable Title
Company, if applicable Name of Company
Mailing Address:
Street Address: Street Address
City/Town, State,Zip Code: City/Town,State,and Zip Code
Witnesses:
Signature
Printed/typed name
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Signature
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Printed/typed name
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Instructions Notarization Language for Duly Authorized Agent for Grantee (Licensed Environmental
Professional):
State of
County of
On this Day day of Month, Year before me, Name of Notary Public or Commissioner of the Superior
Court the undersigned officer,personally appeared Name of Individual or Individuals,known to me(or
satisfactorily proven)to be the person(s)whose name(s) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand.
Notary Public or Commissioner of the Superior Court
Date Commission Expires Date
Declaration Document- 10
GVOL2b32Pik Ri
j Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Exhibit A. Property Description (Metes and Bounds)
Twin Manufacturing Company
Twin Manufacturing Company
273 Chapel Road
South Windsor, CT
The Property Description (Metes and Bounds) is as follows:
Beginning at a concrete monument on the southerly right of way line of Chapel Road and at the northeasterly
property corner of land now or formerly Andre L. Charbonneau &Associates;
Thence in an easterly direction along the southerly right of way line of Chapel Road on a curve to the right having
a delta of 17057'28", a radius of 1497.88 feet and an arc length of 469.47' to a concrete monument at the
northwesterly corner of land now or formerly Andre L. Charbonneau &Associates;
Thence S24°19'08"W along the westerly property line of land now or formerly Andre L.Charbonneau&Associates,
509.95 feet to a concrete monument;
Thence N65040'52"W along the northerly property line of land now or formerly Andre L.Charbonneau&Associates,
390.96 feet to a concrete monument;
Thence N15°16'28"E along the easterly property line of land now or formerly Andre L. Charbonneau &Associates,
407.50 feet to the point and place of beginning;:
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VOL 2b32 PAGE 0 0 q2
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chanel Road,South Windsor,CT
Exhibit B. Decision Document Overview
Property/Facility Name("Property"): Twin Manufacturing Company
Grantor Legal Name:Twin Manufacturing Company
Address: 273 Chapel Road
City/Town: South Windsor
The purpose of this Decision Document is to describe:
1. The type and location of substances present in soil,groundwater or soil vapor on or underlying the Property
or portion thereof("Subject Area")which is the subject of the Environmental Land Use Restriction (ELUR);
j 2. The provisions of the ELUR and why such restrictions or limitations on the use of the Property or portion
thereof are necessary to adequately protect human health and the environment; and
3. Description of the reason for the SLUR, including an explanation why such restriction is consistent with
Sections 22a-133k-1 through 22a-133k-3, inclusive, of the Regulations of Connecticut State Agencies
(RCSA).
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This Decision Document consists of the following restriction(s),for which the applicable individual Restriction.Forms
are attached:
Restriction.:
Subject Area(s)
(Check box(es)that apply;enter SubjectArea(s)designation.)
❑ Residential Activity Restriction-Soil
❑ Residential Activity Restriction—Soil(PCBs)
® Exposure of Inaccessible Soil Restriction Subject Area A
® Exposure of Environmentally Isolated Soil to Subject Area A
Infiltration of Water Restriction
❑ Disturbance of Engineered Control and Polluted
Soil Restriction
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❑ Residential Activity Restriction-Groundwater
❑ Residential Activity Restriction—Soil Vapor
❑ Building Construction Restriction
❑ Groundwater Use Restriction
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YQL2b32PAOt00g3
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Public Notice of Grantor's Intent to Record an Environmental Land Use Restriction
(Check box that applies)
❑ Public Notice is not Required for Residential Activity Restriction ELUR
In accordance with Section 22a-1 33q-1(c)(2)of the RCSA,Public Notice need not be published if the proposed ELUR provides
solely that the use of the subject Property,or portion thereof is restricted to industrial or commercial activities and the municipal
zoning already limits the Property to such use.
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or
® Public Notice is Required for Proposed ELUR
(Enter information as requested.)
Date Published:03/21/2017 Name of Newspaper:Hartford Courant
and
(Check box that applies)
® No public comments were received.
or
❑ A summary of all written public comments that were received within thirty(30)days after the date of publication of the
Public Notice and a brief response to each comment is provided below:
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Approval of this Decision Document is hereby granted.
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GRANTEE: The Grantee, the Commissioner of the Department of Energy & Environmental Protection or by the
Commissioner's duly designated agent, Betsey Wingfield, Bureau Chief, Bureau of Water Protection and Land
Reuse.
02 r/
Da a Betsey Wi field, Bureau Chief
Bureau of Water Protection and Land Reuse
Connecticut Department of Energy& Environmental Protection
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Vfl�2b32PaE0094
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Exhibit B. Decision Document
Exposure of Inaccessible Soil Restriction Form
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In accordance with Section 22a-133k-2(b)(3)of the Regulations of Connecticut State Agencies(RCSA)the Direct
Exposure Criteria for substances other than polychlorinated biphenyls(PCBs)do not apply to inaccessible
soil at a release area provided that if such inaccessible soil is less than fifteen (15)feet below the ground surface
an Environmental Land Use Restriction is in effect with respect to the subject Property or portion of such Property
containing such release area,which ensures that such soils will not be exposed as a result of excavation,demolition
or other activities and that any pavement which is necessary to render such soil inaccessible is maintained in good
condition.'
In accordance with Section 22a-133k-2(b)(3)of the RCSA inaccessible soil containing PCBs(as indicated below)
may be left in place at a release area provided that if such inaccessible soil is less than (15) feet below the ground
surface an Environmental Land Use Restriction is in effect with respect to the subject Property or portion of such
Property containing such release area, which ensures that such soils will not be exposed as a result of excavation,
demolition or other activities and that any pavement which is necessary to render such soil inaccessible is maintained
in good condition.
1 For inaccessible soil polluted with PCBs,the following Direct Exposure Criteria apply:
• An alternative criterion,as approved in accordance with Section 22a-133k-2(d)(7); or
• Ten (10)ppm PCBs by weight;or j
• Twenty-five(25)ppm PCBs by weight if such inaccessible soil is located on a Property which is an other restricted
access location,as defined in 40 Code of Federal Regulations Part 761.123(40 CFR 761,123);or
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• Twenty-five (25) ppm PCBs by weight if such inaccessible soil is located on a Property which is an outdoor
electrical substation,as defined in 40 CFR 761.123;or
• Fifty (50) ppm PCBs by weight if such inaccessible soil is located on a Property which is an outdoor electrical
substation, as defined in 40 CFR 761.123, and a label or notice is visibly placed in the area in accordance with 40
CFR Part 761.
{ Purpose:
The purpose of this Environmental Land Use Restriction(ELUR)is to ensure that polluted soil that is inaccessible(as defined
in RCSA Section 22a-133k-1(32))at the Subject Area(s)("Subject Area")designated below will not be exposed as a result of
excavation,demolition or other activities and that any pavement which Is necessary to render such soil inaccessible is
maintained in good condition.
' For a complete description of the rationale for the restriction, sca 11-ho re crc;ru;::;;i roquin.tory citation.
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YOL2b32PABEDO 5
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Pursuant to RCSA Section 22a-1 33k-1(32):
i ❑ The inaccessible soil is polluted soil which is more than four(4)feet below the ground surface.
or
® NA
Restrictions Applicable to the Subject Area:
The Grantor shall ensure that use,occupancy, and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2
Survey)are restricted as follows:
(Check box(es)for Option A and Option B,as applicable,enter Subject Area(s)designation.)
❑ Option A—No Disturbance or® NA
(Check applicable boxes.)
❑ The polluted soil rendered inaccessible at Subject Area will not be exposed as a result of excavation,
demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained In
good condition in accordance with RCSA Section 22a-133k-2(b)(3).
Excavation,demolition or other activities are prohibited below the ground surface("No Disturbance").
and
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❑ The ground surface at Subject Area .._,: will be repaired when necessary to maintain the elevation and topography
that existed prior to any disturbance caused by natural occurrences(such as erosion and frost heaves).
❑ Option B—Allowable Limited Disturbance or® NA
(Check applicable boxes.)
❑ The polluted soil rendered inaccessible at Subject Area ; , is at a depth of Insert deptl`'(eet)`?below the ground
surface and will not be exposed as a result of excavation,demolition or other activities and any pavement which is
necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a-
133k-2(b)(3).
Excavation,demolition or other activities are prohibited at depths greater than insert depth;of allowable disturbance.
(feet);see in for acceptabl, depths"below the ground surface("Allowable Limited Disturbance").
and
❑ The ground surface at Subject Area will be repaired when necessary to maintain the elevation and topography
that existed prior to any Allowable Limited Disturbance or any disturbances by natural occurrences(such as erosion
and frost heaves).
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VOL 2 b 3 2 Put 0 0 9 b
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Pursuant to RCSA Section 22a-1 33k-1(32):
❑ The inaccessible soil is polluted soil which is more than two(2)feet below a paved surface comprised of a
minimum of three(3)inches of bituminous concrete or concrete,which two(2)feet may include the depth of any
material used as sub-base for the pavement.
or
j ® NA
Restrictions Applicable to the Subject Area:
The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2
Survey)are restricted as follows:
(Check box(es)for Option A and Option 8,as applicable;enter Subject Area(s)designation.)
❑ Option A—No Disturbance or® NA
(Check all boxes.)
❑ The polluted soil rendered inaccessible at Subject Area will not be exposed as a result of excavation,
demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in
good condition in accordance with RCSA Section 22a-133k-2(b)(3).
Excavation,demolition or other activities are prohibited below the paved surface("No Disturbance").
and
❑ The pavement at Subject Area; :will be maintained in good condition in accordance with the maintenance and
monitoring plan specified below.
Title and Date i
and,in addition
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❑ The maintenance and monitoring plan includes provisions to repair the pavement at the Subject Area when necessary
to maintain the elevation and topography that existed prior to any disturbance caused by natural occurrences(such as
i erosion and frost heaves).
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❑ Option B—Allowable Limited Disturbance or® NA
(Check all boxes)
❑ The polluted soil rendered inaccessible at Subject Area#; is at a depth of h rt depth(feet);;below a paved
surface and will not be exposed as a result of excavation,demolition or other activities and any pavement which is
necessary to render such soil Inaccessible is maintained in good condition in accordance with RCSA Section 22a-
133k-2(b)(3).
Excavation,demolition or other activities are prohibited at depths greater than insert depth'of,allowable drsfurbanc
(feety,see instructions for acceptable depths below the paved surface("Allowable Limited Disturbance").
and
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j ❑ The pavement at Subject Area will be maintained in good condition in accordance with the maintenance and
monitoring plan specified below.
Title and Date:
and, in addition
❑ The maintenance and monitoring r4ail irriauclas provisions to ralr sir tho pavenront at tho Subject Aron whoa
to maintain the elevation and topography that existed prior to any Allowable Lirnitod Disturbance or any disturbance
natural occurrences(such as erosion and frost heaves).
and/or
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Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Pursuant to RCSA Section 22a-133k-1(32):
1) ❑ The Inaccessible soil Is polluted soil which is polluted fill beneath a bituminous concrete or concrete surface
comprised of a minimum of three(3)inches of bituminous concrete or concrete if such fill is(1)polluted In excess
of applicable Direct Exposure Criteria only by semi-volatile substances or petroleum hydrocarbons that are
normal constituents of bituminous concrete,(ii)polluted by metals in concentrations not in excess of two(2)
times the applicable Direct Exposure Criteria,or(ill)any combination of the substances or limits Identified in
clause(1)or(11).
j
or
® NA'
Restrictions Applicable to the Subject Area:
The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2
Survey)are restricted as follows:
(Check box(es)for Option A and Option B,as applicable;enter Subject Area(s)designation.)
}
❑ Option A—No Disturbance or® NA
(Check all boxes)
❑ The polluted soil rendered inaccessible at Subject Area y will not be exposed as a result of excavation,
demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in
good condition in accordance with RCSA Section 22a-133k-2(b)(3).
Excavation,demolition or other activities are prohibited below the paved surface("No Disturbance"),
and
❑ The pavement at Subject Area will be maintained in good condition in accordance with the maintenance and
I monitoring plan specified below.
Title and Date:
and, in addition
❑ The maintenance and monitoring plan includes provisions to repair the pavement at the Subject Area when necessary
to maintain the elevation and topography that existed prior to any disturbance caused by natural occurrences(such as
erosion and frost heaves).
❑ Option B—Allowable Limited Disturbance or® NA
(Check all boxes.)
❑ The polluted soil rendered inaccessible at Subject Area is at a depth of rnserf depfh'(feet) below a paved
surface and will not be exposed as a result of excavation,demolition or other activities and any pavement which is
necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a-
133k-2(b)(3).
Excavation,demolition or other activities are prohibited at depths greater than insert depth of allowable disturbance
(f 0x see instructions for acceptable depths belowthe paved surface("Allowable Limited Disturbance").
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and
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❑ The pavement at Subject Area will be maintained in good condition in accordance with the maintenance and
monitoring plan specified below.
Title and Date:
and, in addition
.] The maintenance and monitoring plan includes provisions to r0lX7Jr the p<vom4.nt rat the Suhject Are a v,dion necossary
to maintain the elevation and topography that existed prior to any Allowable I-in,ritod Disturbance or any dis urha.nc<,
by natural occurrences(such as erosion and frost heaves)
and/or
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Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT j
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Pursuant to RCSA Section 22a-133k-1(32):
l 2) ® The inaccessible soil is polluted soil which is beneath an existing building.
or
s 11 NA
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Restrictions Applicable to the Subject Area: I
The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2 j
Survey)are restricted as follows:
(Check box(es)for Option A and Option 8,as applicable;enter Subject Areas)designation.)
® Option A—No Disturbance or❑ NA
(Check applicable boxes) I
® The polluted soil rendered inaccessible at Subject Area A will not be exposed as a result of excavation,demolition or
other activities in accordance with RCSA Section 22a-1331-2(b)(3).The concrete building slab or foundation shall not
be disturbed in any manner by activities such as demolition,excavation or other intrusive activities("No Disturbance").
and
® The concrete building slab or foundation at Subject Area A will be repaired when necessary to maintain the conditions
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that existed prior to any disturbance caused by natural occurrences,
and, in addition
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(Check box that applies.)
® Demolition of the building at the Subject Area is not permitted.
or
❑ Demolition of the entire building(including portions outside the Subject Area)is not permitted.
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j ❑ Option B—Allowable Limited Disturbance or® NA
(Check applicable boxes.)
❑ The polluted soil rendered inaccessible at Subject Area'- °is at a depth of rnsert depth"feet)' beneath the
concrete building slab or foundation and will not be exposed as a result of excavation,demolition or other activities in
accordance with RCSA Section 22a-133k-2(b)(3).
Excavation,demolition or other activities are prohibited at depths greater than Insert depth'of allowable disturbance
(feet);:see instructions for acceptable depths beneath the concrete building slab or foundation("Allowable Limited
Disturbance").
and
❑ The concrete building slab or foundation at Subject Area will be repaired when necessary to maintain the
conditions that existed prior to any Allowable Limited Disturbance or any disturbance by natural occurrences.
and,in addition
(Check box that applies.)
❑ Demolition of the building at the Subject Area is not permitted.
or
__E,I Demolition of the entire building(including portions outside the Subject Area)is not permitted. — �^ __..,._...........
and/or
VOL 2 b 3 2 PABE 0 0 9 q
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Pursuant to RCSA Section 22a-133k-1(32):
3) ❑ The inaccessible soil is polluted soil which is beneath an existing permanent structure provided written
notice that such structure will be used to prevent human contact with such soil has been provided to the
Commissioner.
Description of permanent structure:
Date of notice submitted to Commissioner for use of permanent structure:.
or
® NA
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Restrictions Applicable to the Subject Area:
E
The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2
Survey)are restricted as follows:
(Check box(es)for Option A and Option B as applicable;enter Subject Area(s)designation.)
❑ Option A—No Disturbance or® NA
i (Check applicable boxes)
❑ The polluted soil rendered inaccessible at Subject Area A will not be exposed as a result of excavation,demolition or
other activities in accordance with RCSA Section 22a-133k-2(b)(3).The permanent structure shall not be disturbed in
any manner by activities such as demolition,excavation or other intrusive activities( No Disturbance").
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and
❑ The permanent structure at Subject Area A'will be repaired when necessary to maintain the conditions that existed
prior to any disturbance caused by natural occurrences.
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and,in addition
(Check box that applies.)
❑ Demolition of the permanent structure at the Subject Area is not permitted.
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or
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❑ Demolition of the entire permanent structure(including portions outside the Subject Area)is not permitted.
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❑ Option B—Allowable Limited Disturbance or® NA
(Check applicable boxes.)
❑ The polluted soil rendered inaccessible at Subject Area is at a depth of insert depth(t:eetj beneath the
permanent structure and will not be exposed as a result of excavation,demolition or other activities in accordance
with RCSA Section 22a-133k-2(b)(3).
Excavation,demolition or other activities are prohibited at depths greater than insert depth of allowable distur[�nce:
(feet);see instructions for acceptable depths'beneath the permanent structure("Allowable Limited Disturbance").
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and
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❑ The permanent structure at Subject Area will be repaired when necessary to maintain the conditions that
existed prior to any Allowable Limited Disturbance or any disturbance by natural occurrences.
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and,in addition
(Check box that applies)
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❑ Demolition of the is not P rrnitted.
or
[�] Demolition of the ciifare permanent structure(including portions outside the Subject Area)k, +iiil_1.
VOL 2b32pAo[ 0 I
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
AND
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Type and Location of Substances at Subject Area:
(At concentrations greater than the Direct Exposure Criteria for soil)
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(Enter the type of substances,e.g.,by substance name or category,at each Subject Area.)
Polluted soil containing petroleum hydrocarbons
Reasons Restriction or Limitation are Necessary to Adequately Protsct Human Health and'the
Eriwironment
If humans were to come into contact with the substance(s)present in such polluted soil,these substance(s)may pose an
unacceptable risk to human health.
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Provided the soil is not exposed such that people may come in contact with it,such polluted soil does not pose an
unacceptable risk to human health.
Restriction or Limitation is Consistent with the Remedration Standard Regujations(RSRs�Sections Z2a
133k-1 through 22a=133k 3 inclusive,of the RCSA,as ameildedt and as follows �, r
3
(Check applicable boxes;enter Subject Area(s)designation)
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® The Direct Exposure Criteria for substances other than polychlorinated biphenyls(PCBs)do not apply to inaccessible soil
(as defined in RCSA Section 22a-133k-1(32))at Subject Area A.
and/or '
❑ The Direct Exposure Criteria for PCBs applied to inaccessible soil(as defined in RCSA Section 22a-133k-1(32))at Subject
Area are:
(Check applicable box(es).)
❑ An alternative criterion,as approved in accordance with Section 22a-133k-2(d)(7);or
❑ Ten(10)ppm PCBs by weight;or
❑ Twenty-five(25)ppm PCBs by weight if such inaccessible soil is located on a Property which is an other restricted
access location,as defined in 40 Code of Federal Regulations Part 761.123(40 CFR 761,123;or
❑ Twenty-five(25)ppm PCBs by weight if such inaccessible soil is located on a Property which is an outdoor electrical
substation,as defined in 40 CFR 761.123;or
❑ Fifty(50)ppm PCBs by weight if such inaccessible soil is located on a Property which is an outdoor electrical
substation,as defined in 40 CFR 761.123,and a label or notice is visibly placed in the area in accordance with 40
CFR Part 761.
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and
® Such soils will not be exposed as a result of excavation,demolition or other activities and any pavement which is
necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a-133k-
2(b)(3).
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Exhibit B. Decision Document
Exposure of Environmentally Isolated Soil to Infiltration of Water Restriction Form
In accordance with Section 22a-133k-2(c)(4)(A)of the Regulations of Connecticut State Agencies(RCSA)the Pollutant
Mobility Criteria do not apply to environmentally isolated soil provided an Environmental Land Use Restriction is in
effect with respect to the subject Property,or portion thereof,containing such soil which Environmental Land Use Restriction
ensures that such soil will not be exposed to infiltration of soil water due to,among other things,demolition of the building.z
I
Purpose:
The purpose of this Environmental Land Use Restriction(SLUR)is to ensure that polluted soil that is environmentally isolated
(as defined in RCSA Section 22a-133k-1(18))at the Subject Areas)("Subject Area")designated below will not be exposed to
Infiltration of soil water due to,among other things,demolition of the building.
Pursuant to RCSA Section 22a-1 33k-1(18):
1) ® The environmentally Isolated soil is polluted soil which is beneath an existing building;not a continuing
source of pollution;not polluted with volatile organic substances or,If it Is polluted with such substances,the
concentration of such substances has been reduced in concentration to the maximum extent prudent;and above
the seasonal high water table.
or
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❑ NA
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Restrictions Applicable to the Subject Area:
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The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2
Survey)are restricted as follows:
(Check boxes)as applicable;enter SubjectArea(s)designation.)
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❑ The environmentally isolated soil at Subject Area will not be exposed to infiltration of soil water due to,among
other things,demolition of the entire building.
and/or
® The environmentally Isolated soil will not be exposed to infiltration of soil water due to,among other things,demolition
of the building at Subject Area A.
Note that the building consists of the roof,structural walls,and building slabs,which collectively act to isolate polluted soil.
and/or
I
21-or a curnpleic dcsc ipilon of the raki,:al)nor iho re.;,riction,Soo the roferenced regulaiory citation.
Declaration of Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
Pursuant to RCSA Section 22a-
2) ❑ The environmentally isolated soil Is polluted soil which is beneath another existing and permanent structure
which the Commissioner has determined in writing would prevent the migration of pollutants;not a continuing
source of pollution;not polluted with volatile organic substances or,if it is polluted with such substances,the
concentration of such substances has been reduced in concentration to the maximum extent prudent;and above
the seasonal high water table.
Description of permanent structure:
Date of Commissioner's written determination that the permanent structure would prevent the migration of
pollutants
or
® NA
Restrictions Applicable to the Subject Area:
The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2
Survey)are restricted as follows:
(Check box(es)as applicable;enter Subject Area(s)designation,)
❑ The environmentally isolated soil at Subject Area!will not be exposed to Infiltration of soil water due to,among other
things,demolition of the entire permanent structure.
and/or
❑ The environmentally isolated soil will not be exposed to Infiltration of soil water due to,among other things,demolition
{ of the permanent structure at Subject Area
Note that the permanent structure consists of deschbe.'the permanent stmcfutR which acts to isolate polluted soil,
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AND
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Declaration or Environmental Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
'rype and Location of Substances at Subject Area:
(At concentrations greater than the Pollutant Mobility Criteria for soil)
(Enter the type of substances,e.g„by substance name or category,at each Subject Area.)
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Polluted soil containing petroleum hydrocarbons
t
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Reasons Restriction or Limitation are Necessary to Adequately Protect Human Health and the i
Environment:
If the building or permanent structure is demolished such that the environmentally Isolated soil is exposed to the infiltration of
water,such polluted soil may pose an unacceptable risk to groundwater quality, I
Provided the polluted soil Is not exposed to Infiltration of water,such polluted soil does not pose an unacceptable risk to j
groundwater quality.
Restriction or Limitation is.Consistent with the Remediation Standard Regulations(RSRs)Sections 22a- i
133k-1 through,22.6-133k-3,Inclusive;of the RCSA,as amended,an as follows:
(Check both boxes;enter Subject Area(s)designation(s);and enter document t(tte and date,as requested)
® The Pollutant Mobility Criteria do not apply to environmentally isolated soil(as defined in RCSA Section 22a-133k-1(18))at
Subject Area A
1 and
® Such soils will not be exposed to infiltration of soil water due to,among other things,demolition of the building in
accordance with RCSA Section 22a-133k-2(c)(4)(A),
If applicable,documentation that demonstrates that volatile organic substances located beneath the building or permanent
structure have been reduced in concentration to the maximum extent prudent has been submitted to the Connecticut
Department of Energy&Environmental Protection.
F Title and Date:
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VOL 2
Declaration of Env iron mentaI Land Use Restriction and Grant of Easement
273 Chapel Road,South Windsor,CT
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Exhibit C. ELUR Class A-2 Survey
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Place holder
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................. ................
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LEGEND sl�
SITE
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Received for Record I a c',
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Rec in South W1 d
Town clerk