Long-term Management of Land Use Controls

Long-term Management of Land Use Controls

Mare Island RAB MeetingFebruary 23, 2006

Topics

• Summary of August 2005 Focus Group Meeting

• Description of Planned Land Use Controls (LUC) within the Eastern Early Transfer Parcel (EETP)

• Long-term Management of LUCs

August 2005 Focus Group Meeting

• RAB Members, DTSC, Navy, Weston, and Lennar attended

• Ideas and concerns for the planned LUCs discussed

• Results have directly influenced where we are today

Concerns Raised

• How to remember what the restrictions are

• How to enforce the restrictions

• How to maintain the restrictions

• Several examples noted where restrictions are not being followed and/or enforced

Concept of Layering the Controls

• The concept of layering controls identified as critical success factor – suggestions:

– Use utility locating service

– When possible link requirements to City permitting

– Be consistent with other existing requirements• State Lands requirements preventing residential use in

Investigation Area (IA) C3• Mare Island Reuse Plan

Long-term Management

• The importance of establishing a long-term management solution was emphasized

• Several parties will participate in long-term management and/or enforcement

– Property Owners

– The Guardian Trust

– The City of Vallejo

– Solano County

– Other trustees or private businesses

Description of Land Use Controls

• Cleanup decisions are made based on technical issues and cleanup costs as well as existing and planned future land uses

• LUCs are sometimes required as part of the cleanup remedy to ensure long-term effectiveness

• Monitoring and enforcement is critical to the successful implementation of the LUCs

Types of Land Use Controls

• Land Use Covenants

– Enforceable by regulatory agencies

– Run with the land (attached to title/transfer with property ownership)

• Deed Restrictions

– A notice on the deed

Planned Land Use Covenant Categories

• Restrictions prohibiting sensitive uses

– Covers a geographic area

– Prevents activities that are not consistent with planned land use

Restricted AreaRestricted Area

Planned Land Use Covenant Categories

• Restrictions prohibiting activities that would damage or interfere with a cleanup remedy

– Appropriate at sites with barriers to the contamination, such as encapsulated PCB sites

Planned Land Use Covenant Categories

• Restrictions limiting access to PCB contamination associated with equipment

Restricted AreaRestricted Area

Long-term Management of Land Use Controls

• A Land Use Covenant Operations and Maintenance Plan is being developed

– Describes objectives of restrictions

– Describes long-term obligations of various parties

– Describes implementation and enforcement responsibilities of various parties

Implementation and Enforcement

• Lennar talking with other entities to provide implementation and enforcement of LUCs

– Lennar discussing long-term management of LUCs with The Guardian Trust

• Lennar responsible for implementation and enforcement of LUCs until final agreement negotiated and implemented with entity capable of providing long-term management of LUCs

Proposed Matrix of Responsibilities for Management of Land Use Covenants

Lennar Mare Island LUC O&M

Service Provider City of Vallejo DTSC

Provide for LUC O&M Funding

Service Provider

City of Vallejo

DTSC Disclosure of LUCs and

Transfer of LUC O&M Responsibility During Property Sales

Provide Awareness to Mare Island Owners/Tenants of LUCs (As Landlord)

Send Annual LUC Notifications to Property Owners

Land Use Record Inspection Services (Through Title Search Company)

Notifications of Property Transfers to DTSC

Monitor Building/Construction/ Demolitions Grading/Well Permits (Daily Basis)

Notifications and Evaluation of Off-Site Soil Transportation to: DTSC

Notifications of Previously Undiscovered Contamination From: Inspections/Public-Private To: City of Vallejo/DTSC

Receipt of LUC Breach Information City of Vallejo (Permit

Monitoring) Private/Public Parties

(Complaints) Notifications of LUC Breach

Information To City of Vallejo/DTSC/USEPA

Perform Annual and Special Inspections

Reporting (Annual and 5-Year Reports) City of Vallejo DTSC

Data Management

Modify City Grading Permits to Incorporate LUC Notifications (Soil Movement)

Receive Reports of Use Inconsistent with City zoning ordinance from DTSC, Service Provider, and Public

Provide Notifications to Planning and Public Works Permit Applicants

Provide Notifications of Approved Grading Permits

Maintain City Database with LUC Information

Receive Annual and 5-year Review Reports

Perform Annual Inspections

Perform Special Inspections

Receive and Review Annual and 5-Year Review Reports

Evaluate Effectiveness of LUC Restrictions

Implement Enforcement Actions

Summary

• All stakeholders have invested significant resources to address long-term concerns

• Utilizing previous lessons learned to improve successful implementation

• Formal agreement will be established outlining responsibilities for implementation and enforcement

• Increased scrutiny on the use of LUCs as a component to the remedy

Long-term Management of Land Use Controls

Long-term Management of Land Use Controls

Mare Island RAB MeetingFebruary 23, 2006