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200809097
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Last modified
10/30/2008 4:50:45 PM
Creation date
10/30/2008 4:45:39 PM
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DEEDS
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200809097
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<br />. . <br /> <br />200809097 <br /> <br />After the boiler houses were demolished, the soil beneath the boiler house footprints was also <br />tested for the presence of explosives. Again, all tests were negative. <br /> <br />(d) Work to remove buried asbestos-cement sewer lines on Load Lines 2 and 3 was <br />conducted in March through May of 2006. The sewer lines were properly removed and disposed <br />of in accordance with applicable regulations and in accordance with the approved Explosive <br />Safety Submission (ESS). After sewer removal, limited subsurface screening of soils under the <br />sewers was performed to confirm that the explosives content of the soil was not greater than 10% <br />by concentration. All but one of the samples for Load Line 2 resulted in a level of less than <br />0.001 % total explosives. The single sample detection that exceeded this level for Load Line 2 <br />contained a level of 0.0015%. The majority of the samples for Load Line 3 resulted in a level of <br />less than 0.001% total explosives, with the highest result being 0.0024% total explosives. <br />Because these results were far below the value that is considered an explosive safety hazard <br />(greater than 10% explosives), the soils beneath the sewer lines were left in place. <br /> <br />(e) The buried debris area containing some ACM on Load Line 2 that was <br />discovered as part of the geophysical investigation was excavated and removed in June and July <br />of 2006. The purpose of this removal project was also to remove any buried MEC that might be <br />associated with the debris area and to obtain 5X certification for this portion of Load Line 2. <br />The excavated soils and waste materials were inspected for MEC and verification samples were <br />collected and analyzed. No MEC was discovered during the Load Line 2 investigation. The <br />majority of Load Line 2 was covered under the 5X certification dated March 2005, while the <br />former debris pit on Load Line 2 was included under the 5X certification dated January 10,2007. <br />The Load Line 3 buildings received 5X certification on 2 November 2004 after demolition and <br />thermal decomposition. The remainder of the Load Line 3 Property was cleared for the presence <br />of MEC through the geophysical and anomaly investigation in 2005. Although a certificate of <br />5X clearance was not provided for the remainder of the Load Line 3 Property, all work necessary <br />to ensure that the Property has been cleared of MEC has been performed. Copies of the 5X <br />certifications for Load Line 2 and for the Load Line 3 buildings are provided herewith. A <br />summary of MEC discovered on the Property is provided in Exhibit "C," attached hereto and <br />made a part hereof. <br /> <br />3. The Grantor represents that, to the best of its knowledge, no MEC is currently <br />present on the Property. Notwithstanding the Grantor's determination, the parties acknowledge <br />that there is a possibility that MEC may exist on the Property. If the Grantee, any subsequent <br />owner, or any other person should find any MEC on the Property, they shall immediately stop <br />any intrusive or ground-disturbing work in the area or in any adjacent areas and shall not attempt <br />to disturb, remove or destroy it, but shall immediately notify the Local Police Department so that <br />appropriate explosive ordnance disposal personnel can be dispatched to address such MEC as <br />required under applicable law and regulations. <br /> <br />4. Easement and Access Rights. <br /> <br />(a) The Grantor reserves a perpetual and assignable right of access on, over, and"through the Property, to access and enter upon the Property in any case in which a munitions <br /> <br />11 <br />
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