~ VERMONT

State of Vermont Departinent of Environmental Conservation Waste Management and Prevention Division 1 National Life Drive-Davis 1

Montpelier, VT 05620-3704

AGENCY OF NATURAL RESOURCES

MEMORANDUM

To:

From:

Emily Boedecker, Commissioner, Department of Environmental Conservation

Chuck Schwer, Director, Waste Management and Prevention Division {;{

Thru :

Date:

Subject:

/ .~ Patricia Coppolino, Section Chief, Sites Management Section / {;,

January 17, 2019

Certificate of Completion -BRELLA

Attached is a Certificate of Completion for your signature, for participation in the state brownfield program (BRELLA -Brownfield Reuse and Environmental Liability Limitation Program) . The Brownfield program fu lly supported this project and has determined that the property is ready for closure through the BR ELLA program.

134 Archibald Street - Historical informat ion reviewed in the Phase I ESA indicates the subject property was primarily residential until the mid- I 940s. when the use changed to commercial. Between the mid- I 940s and the late J 990s the property was occupied by various automotive sales and service operations. Since 1999, the property has been occupied by Bannister Custom Exteriors. The property was purchased by 21 Bright LLC and will be used fo r commercial purposes.

If you have any other questions regarding thi s prope1ty or the Ce1tificate of Completion please contact Trish Coppolino.

Certificate of Completio n SMS 2008-3807; 13 4 Archibald Street, Burlington

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~ .VERMONT Vermont De parbnent o f Environm ental Conservation Com m issioner's Office One Nat ional Life Drive, Main 2

Montpelier, vr 05620-3520 [phone] 802-828-1556 [fax] 802-828-1541

Certificate of Completion Applicant- 21BRIGHT LLC

SMS # 2008-3807

134 Archibald Street Burlington, Vermont

Agency of Nal11ral Resources

1. Purpose and Applicability .... .... .. ........ ...... ... ....... .... ...... .. .... ........... ........ .... ..... .... ................ ... .. .... ...... ... .... ..... ..... ........ . 1 II . Legal Description of Property Subject to Certificate of Completion .. .... .... .. .. ......... ..... .... ... ............................. .......... 1

Ill. Site History .. ..... ...... .. ... .......... ... ........ ....... ...... ....... .. .... ......... ... .. ....... ...................... .... ...... ......... ........... .. ... ... .. .. ......... .. 1 IV. History and Ownership of the Site in the Brow nfield Reuse and Environmental liability Limitat ion Program ......... 2 v. Site Investigation Activities ... ....... ...... ........... ..... ....... .......... ...... ... ....... ....... .................. .. .. ... .. ... ........ ........... .... .......... . 2

VI. Corrective Action and Remedial Activities .... .. ................. ......... ............................. ..... ... .... ............ .. ... .................. ..... 2 VII. Site Monitoring and Maintenance ..... ... .................... ..... ..... ........... .. ............ .... ............ ...... ... .. ..... ... ........ ..... .............. 3

VIII. Land Use Restriction ........... ..... ... ..... ... .... ............. .... ......... ............ .... ..... ........ ....... ..... .... .. ... ....................... .............. ... 4 IX. Certificate of Complet ion ..... ................ .... ... ....................... .. .... .................... .... .. ........ ..... .. ....... ....... .. ... ... ........... .... .... 5

1. Purpose and Applicability

This Certificate of Completion (Certificate) is issued by the Agency of Natural Resources (Agency) pursuant to its authority under 10 V.S.A. chapter 159, subchapter 3 (Brow nfields Reuse and Environmenta l Liability Limitation Program); and § 35-604 of the Investigation and Remediation of Contaminated Properties Rule. This Certificate se rves as an institutional control mechanism with the purpose of protection of human hea lth and the environment from a former release(s) of hazardous materials at or from the subject property. Section (VII) of this Cert ificat e creat es lega lly-enforceable restrictions on future uses of the subject property by the Applicant and Applicant's successors and assigns. Failure of the Applicant or any successors or assigns to maintain ongoing compliance with these rest r ictions may result in loss of liability prot ection afforded by 10 V.S.A. chapter 159, subchapter 3, and may be subject t o additional enforcement action by the Agency pursuant to 10 V.S.A. chapter 201.

11. Legal Description of Property Subject to Certificate of Completion

This Certificate is being issued for the 134 Archibald St. property, SMS #2008-3807, locat ed at 134 Archibald St reet, Burlington Vermont "the Site" . The property subject t o this Certificat e of Completion is further described in the City of Burlington Book of Deeds #269, Page #40. It is a 0.160 acres parcel.

111. Site History

Historica l information reviewed in t he Phase 1 ESA indicates the subject property was primarily residential until the mid 1940s, when the use changed to commercia l. Bet ween the mid-1940s and the late 1990s the property was occupied by

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\ Certificate of Completion

SMS 2008-3807; 134 Archibald Street, Burlington Page 2 of 4

various automotive sales and service operations. Since 1999, the property has been occupied by Bannister Custom

Exteriors.

IV. History and Ownership of the Site in the Brownfield Reuse and Environmental Liability Limitation (BRELLA) Program

Mr. Jonny Adler, representing 21BRIGHT LLC., business ID# 0341576, submitted an application to the Brownfields Reuse and Environmental Liability Limitation Act (BRELLA) program as an innocent current owner of the 134 Archibald Street property located at 134 Archibald Street, Burlington. The BRELLA application was signed on March 30, 2018. A determination of eligibility was granted on April 21, 2018. 21Bright LLC purchased the property on April 12, 2018.

V. Site Investigation Activities; Reports

The Vermont Department of Environmental Conservation (DEC} has received the following reports regarding site

investigation activities:

• Phase I Environmental Site Assessment Report of 134 Archibald Street, October 30, 2007, ATC

• Phase II Environmental Site Assessment Report of 134 Archibald Street, October 23, 2008, ATC

• PCB Determination status 134 Archibald Street, Burlington, Vermont, March 5, 2010, ATC

During site investigation activities the upper layer of soil was found to contain concentrations of semivolatile organic compounds (SVOCs), Polychlorinated Biphenyls (PCBs), and Metals exceeding Residential Soil Screening Values (SSVs) . The highest SVOC exceedances were detected at SB-6 at concentrations above the industrial SSVs.

Arsenic; Manganese, Chromium and Iron in excess of the Residential SSVs were detected at a soil boring advanced adjacent

to the floor drain (SB-16).

Lead concentrations were above Industrial SSVs in soils at SB17.

All soil vapor sample results were detected at concentrations below the Industrial Vapor Intrusion Values (VIV) although several compounds were detected above the residential VIV. Tetrachloroethene, 1,1,2,2 Tetrachloroethane, and 1,2

Dibromomethane were identified in a number of sampling locations.

VI. Corrective Action and Remedial Activities

Based on the findings in the reports identified in Section (V) the DEC has determined that no further investigation, abatement, removal, or remediation activities are required to adequately protect human health and the environment.

This decision is supported by the following findings :

• The planned redevelopment of the site is to reuse the existing commercial building with no soil disturbance, which will not cause, contribute to, worsen, or delay any releases or threatened releases of hazardous materials on the

site.

• The releases that have not been fully abated, removed, or remediated (i.e., any residual contamination) do not pose an unacceptable risk to human health and the environment, and all other applicable remediation standards

are met.

• The long-term monitoring, maintenance, and/or reporting requirements outlined in the restrictions on future uses of the site below in Section (VI) are adequate to ensure the effectiveness of any remedial or corrective actions taken and to prevent receptors from being exposed to any residual contamination remaining on the site.

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VII. Land Use Restrictions

Certificate of Completion SMS 2008-3807; 134 Archibald Street, Burlington

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Pursuant to 10 V.S.A. § 6652(b) and § 35-604 of the Investigation and Remediation of Contaminated Properties Rule, and consistent with the institutional controls identified in herein, the Agen cy is requiring the implementation of certain Land Use Restrictions at this site based on the remaining environmental issues as outlined in this Certificate. Such use restrictions are necessary for construction, operation, and maintenance of the response actions at the site and to ensure that future activities at the site do not interfe re with the response actions or in any way increase the eco logical, human, or environmental ri sks at the site. The release of liability afforded by 10 V.S.A. § 6653 and.this Certificate shall be contingent on ongoing compliance with the land use restrictions identified below: such release of liability shall not extend to any failure t o comply with any of these restrictions.

LAND USE RESTRICTIONS

A. 21BRIGHT LLC., and all successors and assigns, shall not t ake or authorize any of the following activities or actions on the site without the prior express written consent from the Agency of Natural Resources :

1. Construction, substantial improvement, or stabilization of buildings or any work on the foundations of buildings;

2. Plowing, tilling, ditching, draining, diking, filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minera ls or other materials, removal or damage to the asphalt parking lot;

3. Construction activities which w ill materially change hydrogeologic conditions or will likely cause migration of contaminated groundwater, including recharge of rainwater into groundwater onsite through unlined stormwater basins;

4. Any other use that may impact or adverse ly affect the implementation, construction, operation, and maintenance of the remedy.

5. The asphalt pavement must be maintained to ensure that contact with soils below does not occur.

B. 21BRIGHT LLC., and all successors and assigns, shall not use or allow the site to be used for residential use or as a child care center.

21BRIGHT LLC, and all successors and assigns, shall permit Agency personnel to access the site at all reasonable times to inspect compliance with the land use restrictions identified herein, as well as to assess the need for, planning, or implementing additional response actions at or near the site. These environmental restrictions and rights of access shall run with the land, and any portion thereof, in perpetuity. Applicant shall inco rporate these Land Use Restriction s, in full or by reference, into all leases, licenses, occupancy agreements, or any other instrument of transfer by which a right to use the Parcel, or any portion thereof, is conveyed.

These Land Use Restrictions may be modified or terminated in whole or in part only upon written agreement between the Applicant, its successors or assigns, and the Agency, signed by the Agency and recorded in the Land Records in City of Burlington. The Agency may terminate, in whole or in part, these Restrictions when the Agency, in its sole discretion, determines that termination if necessa ry or that the purposes for which these Restrictions were created have been achieved.

VIII.Long Term Operation, Monitoring, Maintenance and Reporting

An annual inspection related to Section VII above must be completed and a report submitted to the VT ANR by October 1'1 of each year. The annual report must include the results of all site monitoring and maintenance activities described above.

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IX. Certificate of Completion; Release of Liability

\ Certificate of Completion

SMS 2008-3807; 134 Archibald Street, Burlington Page 4of 4

The rights, obligations, covenants, and restrictions granted in this Certificate of Completion shall run with the land, and any portion thereof, and shall be binding on the Agency of Natural Resources and successor Agency, and shall inure to the benefit of 21BRIGHT LLC. and its authorized representatives, successors and assigns. All required assessment has been completed at this site and no further active remediation is required, with exception of the requirements in Section (VI) (Land Use Restrictions) and Section (VII) (Long-Term Operation, Monitoring, Maintenance and Reporting) of this

document.

This Certificate of Completion and all supporting documentation and exhibits shall be recorded in the City of Burlington Land Records for thi s property. Recording shall be completed in accordance with § 35-604(d) of the Investigation and Remediation of Contaminated Properties Rule. Once recording is complete and copies of all reco rded documentation is provided to the Agency, the protection from liability provided in 10 V.S.A. § 6641, et. al. is in effect.

Pursuant to 10 V.S.A. § 6653, failure to comply with the land use restrictions and/or the general obligations established in section 10 V.S.A. § 6644 shall be a basis for loss of liability protection afforded by this Certificate.

Emily Boedecker, Commissioner Department of Environmental Conservation

Date: I / d.5' L;}_(!)l 9

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