In addition to the activities described above, the plan
also provided for the imposition of land use controls on the
property to prevent use of the site in ways that could cause
an exposure to residual contamination.
Many of the public comments focused on the nature and
degree of these controls, and other administrative safeguards.
The following administrative elements of the plan are
still under review:
A number of commenters requested that any institutional
controls allow the site to be used as it has been in the past,
as mixed-use (both residential and commercial) development. The original use restriction would
have permitted only commercial redevelopment and use. A revised version of the institutional control language (likely
a deed restriction) that will allow for mixed use of the site
is being developed for review and approval by the VTDEC.
Cleanup Fund Reserve: The settlement agreement
between the site owner and the state provides for return of
any unused portion of the settlement fund to the site owner.
Commenters want to ensure that any supplemental engineering
required to allow for mixed use of the site be paid for out
of the existing settlement account, instead of by other
private or public funds.
| The parties are exploring how
this might be accomplished under the existing agreement.
Several commenters requested that an insurance policy
be purchased that would provide funds for any required supplemental
cleanup work that might be required some time in the future. Representatives of the site owner
are exploring the availability and cost of this type of insurance.
Negotiations are continuing between the site owner, Mr. Kurt
Gerrish, and the prospective redeveloper, Mr. Ernie Pomerleau,
regarding purchase of the property.
and Future Activities
for performance of the field activities specified in the approved
corrective action plan is planned to be put out to bid by
Mr. Pomerleau. Once initiated, the solicitation and
bid evaluation process should take approximately 8 weeks.
Once a contractor has been selected, field activities
should commence within 30 days. The town, village and
site abutters will be notified prior to the start of filed