Final_LUCIP_051611_-_rev_Page_6.pdf

B3853900.31 c.

1) The Army (or its designee) will distribute to all construction and/or utility personnel at the time of application for a building permit a current copy of the Devens Soils Management Policy containing a protocol and procedures to follow if UXO is found or suspected. A copy of the current Devens Soils Management Policy is attached to this LUCIP as Exhibit E.

Construction Activities

2) In addition, all construction and utility personnel intending to conduct ground intrusive activities within the Grant HA that require a building permit shall, prior to commencing such activities, be required to attend an awareness briefing conducted by the Army (or its designee) designed to instruct personnel how to visually recognize UXO and the steps to follow should suspect UXO be encountered. The awareness briefings are currently conducted by the Devens Fire Department. This awareness briefing will also be made available to any occupant of the Grant HA who requests it.

3) Both the Devens Soils Management Policy and the awareness briefing may be updated from time to time to reflect new developments or changes in information. Changes in substantive content will be submitted for approval to the EPA, DEP, MassDevelopment, DEC (or successor municipal authority) and the Army at least 30 days in advance. No notification will be required to fix typographical or grammatical errors or administrative data that do not change the meaning of the information provided.

The intent of the LUCs for the Grant HA is to educate residents, including tenants and owners, potential residents, the public and construction contractors to the potential presence of UXO, locations where UXO are more likely to be encountered, how to identify UXO, how to minimize the potential of encountering UXO, and what actions to take if suspect UXO is encountered.

3.0 Land Use Controls for the Impact Area

For the Impact Area, LUCs are addressed through the following institutional controls, access restrictions, affirmative measures, and prohibitive directives:

a. Institutional Controls.

MassDevelopment, as the current owner of the Impact Area, has agreed to grant to the DEP a GERE in the form attached to this LUCIP as Exhibit F. The GERE includes restrictions on public access to, and ground intrusive activities within, the Impact Area. The GERE will be finalized and recorded as soon as practicable after this LUCIP is approved, and a copy of the recorded GERE will be submitted to EPA and DEP prior to any subsequent transfer of the Impact Area.