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HomeMy WebLinkAbout20180406082416 MURTHA C U L L I N A ATTORNEYS AT LAW CHELSEY L LOMBARDO BUSINESS AND FINANCE PARALEGAL 860 240 6112 DIRECT TELEPHONE 860 240 5882 DIRECT FACSIMILE CLOMBARDO@MURTHALAW COM February 7, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED Town of South Windsor Attn: Mr. Luigi Sartori, Director of Health 1540 Sullivan Avenue South Windsor, CT 06074 Re: Environmental Land Use Restriction 273 Chapel Road, South Windsor, Connecticut Dear Mr. Sartori: Pursuant to Section 22a-133q-1 Q) 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. Sincerel r, RECEIVED hON4 L. ombardo Bu'si ` s nd Finance Paralegal FEB 13 2018 Enclosures SOUTH V41NDSOR HEALTH DEPT. cc: Jade Barber (w/o enclosures) Murtha Cullina LLP 99 High Street Boston,MA 02110 T 617.457.4000 F 617.482.3868 06=44 E C T I C U T M A S S A C H U S E T T S N E W Y 0 R K MURTHALAW.COM P V01 2 b 3 O Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT After Recording Return to: Environmental Land Use Restriction Coordinator 180910 State of Connecticut Department of Energy&Environmental Protection Remediation Division Bureau of Water Protection and Land Reuse 79 Elm Street i Hartford,CT 06106 DECLARATION OF ENVIRONMENTAL LAND USE RESTRICTION AND GRANT OF EASEMENT This Peclaration of Environmental land use restriction and Grant of Easement is made this ;7-2 day of 20_1,�', between Twin Manufacturing Company (the "Grantor") and the Coronissioner 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: i Street address: 273 Chapel Road City/Town: South Windsor State:Connecticut Assessor's Map 22 Block NA Lot 23 and/or Assessors' Account Number: NA Volume and Page of Deed:2294/303 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 D i i I I certify this to be a true copy i of the document recorded in South Windsor Land Records. Dated at South Windsor CT this %`1 f��da _ C 1&( Ig Town lerk� SS 15 cL RECEIVED Declaration.Document- I FEB 13 2018 SOUTH WINDSOR 2C� HEALTH DEPT. VOL 2 b 3 2 PAGE 0 0 & 2 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 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 I V�12b32PhGE00 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: 1. 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 with the requirements of the Decision Document attached hereto as Exhibit B. 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. I 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. I 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 i 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. I I Declaration Document-3 j VGL 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; i. Ensuring that use, occupancy, and activities of and at the Property are consistent with this environmental land use restriction; ii. Ensuring that any remediation implemented complies with R.C.S.A. sections 22a-133k-1 through 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 shal I 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 court of competent jurisdiction dec(m-.rocs that any provision of this environmental land use.restriction or Grant of Easement is invalid or unenforceable,such provision shall be deemed to have been modified automatically to conform to the requirements for validity �I Declaration Document-4 1 JUL GU J I- rauLUUV%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 I I I I Declaration Document-S i Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT In witness wl rcot;the undersigned has/utve executed this Envirorunental Land Use Restriction this ��- day of� 1fZ 20 Witnessed by: Twin Manufacturing Company �l By: =� Printcd/1'ypcd Nmne Witness I: 041V %Acexeerecl DavLeach Its duly authorized President i Prinie I ypcd Name N ancs /t!ris�u�fl�012� Mailing Address: Street Address:273 Chapel Road City/Town: South Windsor State and Zip Code: CT, 06074 i I � I Declaration Document-6 MUL 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 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 OR ® If the Grantor is a Corporation: State of {CTI County of {Hartford On this day of J 20 before me, the undersigned officer, personally ap ared Daniel L. Peach, who acknowledged himseJVherself 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 himselftherself as President. In witness whereof I hereunto set my hand. I Notary Public or Cc mmissioner of the Superi r Court Date Commission Expires /U/���n2� ]�rrlaiation i OMMICnt••7 VOl2 b 3 2 PAGE 0 0 8 8 ! Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT i� OR I i ❑ If the Grantor is a Limited Liability Company: I State of i County of On this Day,day of Mopi:H,Year before me,Name of Notary Public or Commissioner of the Superior Court, the undersigned officer, personally appeared Name of Officer, who acknowledged himself/herself to be the Title of Officer of Name of Limited Liability Company, 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. In witness whereof I hereunto set my hand. Notary Public or Commissioner of the Superior Court Date Commission Expires Date OR ❑ If the Grantor is any other type of entity, provide appropriate language for the Grantor Entity below: Unlimited space provided to insert appropriate certification`language for an Acknowledgemprii as specifieq in Section 1-34 of the General Statutes. VOL 2 b 3 2 PACE a a a -- 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 Commissioner's duly designated agent,Betsey Wingfield,Bureau Chief. By: Date: L Name:Betsey in field Its Duly Authorized:Bureau Chief Mailing Address: Bureau of Water Protection and Land Reuse Connecticut Department of Energy&Environmental Protection i Street Address: 79 Elm Street City/Town:Hartford State and Zip Code: Connecticut 06106 j ❑ 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. Licensed Environmental Professional as Duly Authorized Agent for Grantee,the Commissioner of Energy&Environmental Protection: By: Date: Name:Printed(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: i 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 i 4 . d@[ 2b32 PAGE a0g0 Declaration of Environmental Land Use Restriction and Grant of Easement 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 �( Signature I Printed/typed name I 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 VOL 2b32 PAGE 00g1 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 S24019'08"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,, VOL 2b32ME00g2 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road, South Windsor,C1' Exhibit O. Decision Document Overview Property/Facility Name("Property"): Twin Manufacturing Company Grantor Legal Name:Twin Manufacturing Company Address: 273 Chapel Road CitylTown: 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); i 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 j 3 Description of the reason for the ELUR, 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). t 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 SubfectArea(s)designation.) ❑ Residential Activitv Restriction-Soil ❑ Residential Activitv Restriction— Soil(PCBs) ® Exposure of Inaccessible Soi!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 ❑ Residential Activitv Restriction- Groundwater ❑ Residential Activitv Restriction—Soil Vapor ❑ Building Construction Restriction ❑ Groundwater Use Restriction VOL 2b32 PAGE 00g3 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. 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: Approval of this Decision Document is hereby granted. 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. p e Betsey WirAfield, Bureau Chief Bureau of Water Protection and Land Reuse Connecticut Department of Energy& Environmental Protection I Y912b32 PACE a0g4 � 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 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. 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 • 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 i • 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 inacc:es&Vle 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(SLUR)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. 1 For a complete description of the rationale for the restrictic-ii, sc:;N.hn, rr..'r:nr:i ;: ;I rc'Ni3ulOtory citation. YK2b32pm00g5 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Pursuant to RCSA Section 22a-133W(32): ❑ 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 ❑ The ground surface at Subject Area 4. 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 depth(feet)l 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 disfu[panod (feet),see Instructions for acceptable 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), and/or VOL 2 b 3 2 PA0 0 0 9 b Declaration of Environmental Land Use Restriction and Grant of Basement 273 Chapel Road,South Windsor,CT Pursuant to RCSA Section 22a-133k-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)feat may include the depth of any material used as sub-base for the pavement. 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 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 j :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 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.) i ❑ The polluted soil rendered inaccessible at Subject Area, is at a depth of insert 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 dsfurbane, (feet),see instructions for acceptable depths .below the paved surface("Allowable Limited 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: and, in addition ❑ The maintenance and monitoring indudaG provisions to r„pair the p,_'vcm rlt at iho Subject Aroa vlhon to maintain the elevation and topography that existed prior to any Allowable limited Disturbanco or any disturbance ley natural occurrences(such as erosion and frost heaves). and/or i V 1 b 32 PACE 00Q1 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): 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(Ili)any combination of the substances or limits identified In clause(1)or(II). 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 I (Check all boxes.) ❑ The polluted soil rendered inaccessible at Subject Area will not be exposed as a result of excrav�ition, 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: 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 insert 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 dls(Aanco' (feet), see instructions for acceptable depths below the paved surface("Allowable Limited 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: and, in addition (_,] The maintenance and monitoring plcn includas proviolona to repair the poivoment at the 5ubjoct Vd ion nrcossaiy to maintain the elevation and topography that existed prior to any Allowable Limited Disturbance or any di iurbc.nca b1+natural occurrences(such as erosion and frost heaves and/or 1 PAGrs f) fDeclaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road, South Windsor,CT Pursuant to RCSA Section 22a-133k-1(32): 2) ® The Inaccessible soil is polluted soil which is beneath an existing building. 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 Areas)designation.) ® Option A—No Disturbance or❑ NA l (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 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 that existed prior to any disturbance caused by natural occurrences. and, in addition (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. ❑ 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(feet)beneath the concrete building slab u+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 I_.] Demolition of the entire building(including portions outside the Subject Area)is not permitted and/or----- -..--- �— - VOL 2b32 PACE 00gq 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 huma n 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 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: 1 (Check box(es)for Option A and Option B as applicable,enter Subject Area(s)designation.) I ❑ Option A—No Disturbance or® NA (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'). and El 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. and,in addition (Check box that applies.) ❑ Demolition of the permanent structure at the Subject Area is not permitted. or ❑ Demolition of the entire permanent structure(including portions outside the Subject Area)is not permitted. ❑ 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(feet) 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 disturbance: (feet),see instructions for acceptable depths beneath the permanent structure("Allowable Limited Disturbance"). and ❑ 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. and, in addition (Check box that applies) ❑ Demolition of the permanent StruOture M the SuLSjea,t,^,ri; is not pe;v flitted. or ❑ Demolition of the c;i`.ire hcimn rent structure(including portions outside the Subject Area)i:_ ':;,:;,, tiD:.al. VOL 2b32 PAGE 0i1001 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT AND Type and Location of Substances at Subject Area: (At concentrations greater than the Direct Exposure Criteria for soil) (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 Protect Human Health and the Environment: 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. 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 Remediation Standard Regulations(RSRs)Sections 22a- 133k-1 through 22a-133k-3,inclusive;of the RCSA,as amended,and as follows.. (Check applicable boxes;enter Subject Areas)designation.) ® The Direct Exposure Criteria for substances other than polychlorinated biphenyls(PCBs)do not apply to inaccessible soil (as defined in RCSA Section 22a-1 33k-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 I 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. 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). _ I 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 Cnvlronmental 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.2 Purpose: The purpose of this Environmental Land Use Restriction(ELUR)Is to ensure that polluted sell that is environmentally isolated (as defined in RCSA Section 22a-1330(18))at the Subject Area(s)("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-133k-1(18): 1) 1Z 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 ❑ 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 boxes)as applicable,,enter SubjectArea(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 building. and/or ® The environmentally Isolated sell 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 2 1=Ur a cumplcle dOSU ipi(on of itte I OdG1.6:,)I'or ih,rectriciion,see the roforenced regulaiory citation. Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Pursuant to RCSAScctlon 2:2a=1331<-1(18): 2) ❑ The environmentally Isolated soil Is polluted sell which Is beneath another existing and pemianont structure which the Commissioner has detannined 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 conrentrallon to the maximum extant prudent;and above the seasonal high water table. Description of penmanent 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 Areas)designation.) ❑ The environmentally Isolated soil at Subject Area I will not be exposed to Infiltration of soil water due to,among other things,demolition of the entire permanent structure and/or ❑ The environmentally isolatod 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 dOiabe.=;t which acts to isolate polluted soil. AND r h Declaration orEnvitonmeutal Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Typo 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.) Polluted soil containing petroleum hydrocarbons Reasons Restriction or Limitation are Necessary to Adequately Protect Human Health and the 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. Provided the polluted soil is not exposed to Infiltration of water,such polluted soil does not pose an unacceptable risk to groundwater quality. Restriction or Limitation is Consistent with the Rernedlation Standard Regulations(RSRs)Sections 22a- 133k-1 through 22a-133k-3,InCIUSIVO,of the RCSA,as amendod,and as follows: (Check both boxes;enter Subjoct Areas)deslgnatlon(s);and enter document title 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 and 1 ® 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 m)ldicable,dcctwientation that demonstrates that volatile organic substances located beneath the building or permanent structure have bocr reduced in concontralion to the maximum extent prudent has been submitted to the Connecticut Department of Energy&Environmental Protection. 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