Long-term Management of Land Use Controls

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Long-term Management of Land Use Controls

• Mare Island RAB MeetingFebruary 23, 2006

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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

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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

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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

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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

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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

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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

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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

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Planned Land Use Covenant Categories

• Restrictions prohibiting sensitive uses
• Covers a geographic area
• Prevents activities that are not consistent with
  planned land use

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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

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Planned Land Use Covenant Categories

• Restrictions limiting access to PCB contamination
  associated with equipment

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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

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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

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Proposed Matrix of Responsibilities for
Management of Land Use Covenants
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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

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Long-term Management of Land Use Controls

• Mare Island RAB MeetingFebruary 23, 2006