Post on 17-Jan-2016
description
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