Long-term Management of Land Use Controls

1. Long-term Management of Land Use Controls Mare Island RAB MeetingFebruary 23, 2006

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. Restricted Area Planned Land Use Covenant Categories • Restrictions prohibiting sensitive uses • Covers a geographic area • Prevents activities that are not consistent with planned land use

10. 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

11. Restricted Area Planned Land Use Covenant Categories • Restrictions limiting access to PCB contamination associated with equipment

12. 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

13. 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

14. Proposed Matrix of Responsibilities for Management of Land Use Covenants

15. 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

16. Long-term Management of Land Use Controls Mare Island RAB MeetingFebruary 23, 2006