Loading...
HomeMy WebLinkAbout060616_ca09U Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/County Engineer IIZ_ �, G Agenda Date: June 6, 2016 Subject: Environmental Covenant, Irondale Beach Park Statement of Issue: The Washington State Department of Ecology completed a clean- up project at Irondale Beach Park in 2012. Completion of the project requires an environmental covenant to protect containment structures, guarantee access, and place certain restrictions on the property in perpetuity. Analysis/Strategic Goals/Pro's Et Con's: The Project was conducted under the Model Toxics Cleanup Act (MTCA). The environmental covenant is required by law. The environmental covenant does not interfere with the function of the park. The project design took park values into account, enhancing the habitat, trails, and open spaces of the park. Fiscal Impact/Cost Benefit Analysis: The environmental covenant does not increase maintenance or development costs. The park is maintained by a dedicated volunteer organization. DNR urban forest improvement grants were secured in 2015 and 2016, and most likely will be secured in 2017. These grants have been used to improve park habitat, trails, and forests. Recommendation: Approve and sign three copies of the environmental covenant and return to Public Works. Department Contact: Matt Tyler, 385-9129 Reviewed By: X__ 4-PAMorle�Cou dmtnistraTor Date MEMORANDUM Date: July 21, 2015 To: Philip Morley and David Alvarez Jefferson County Department of Public Works 623 Sheridan St. Port Townsend, WA 98368 (360) 385-9160 Monte Reinders, PE Public Works Director/County Engineer From: Matt Tyler, Parks and Recreation Manager Subj: Risk and Legal Review of Proposed Environmental Covenant for Irondale Beach Park The Washington State Department of Ecology completed a major environmental clean-up project at the Irondale Beach Park site in 2012. The cleanup was conducted under the Model Toxics Cleanup Act (MCTA). The MCTA requires an Environmental Covenant in projects such as the Irondale Beach Park project, where protective and containment structures are left behind at the clean-up site. The Environmental Covenant is used to guarantee the structures are preserved, monitored, accessible, and linked to the title of the property in perpetuity. The structures at the site are 'geo-caps'. A geo-cap is a fabric lined sand layer with a rock rim that is placed on top of polluted areas. The Geo -cap both contains the pollution within the area; and separates it from water, plants, and animals. Specifically, the Environmental Covenant is to "...restrict certain activities and uses of the Property to protect human health and the environment and the integrity of remedial actions conducted at the Site." Some of the restrictions included in the Covenant are: the property must be retained for park use, certain other uses are prohibited, the caps must be protected and preserved, and restrictions on storm - water facility design. In addition access must be provided to Ecology, and there are notice requirements. Steve Teel, Department of Ecology Project Manager, said that he was available to answer questions by phone or email. Steve Teel, Phone (360) 407-6247, email: steve.teel@ecy.wa.gov The following citations are available if further information is required: • Uniform Environmental Covenants Act (UECA), Chapter 64.70 RCW (http://apps.leg.wa.gov/RCW/default.aspx?cite=64.70); • WAC 173-340-440 (http://apps.Ieg.wa.gov/WAC/defauIt.aspx?cite=173-340-440) of the Model Toxics Cleanup Act (MTCA) Cleanup Regulation. Steve Teel provided the following process for reviewing and approving the Environmental Covenant: 1. Conduct a title search to identify all persons holding an interest in the real property subject to the Covenant. (The title search has been completed and is included with this memo). Generally, Ecology will not sign the Covenant unless all interest holders are willing to sign on as grantors or subordinate their interests. See step 5 below. 2. Review the attached draft Covenant and supply any requested information. Please make any additions or changes in redline/strikeout. Return the draft Covenant to Ecology for review before proceeding with Step 3. Please note that any changes to the template language in the Covenant must be approved by the Attorney General's Office. http://www.ecy.wa.gov/programs/tcp/policies/tcppoly.html 3. Submit the draft Covenant for review and comment to the appropriate land use planning authority with jurisdiction over the site. See the link below for Ecology Procedure 440A for a description of who to contact and a transmittal letter template. When requesting such a review, please: Send me a copy of your written request, provide the authority with my contact information, request that the authority send me a copy of any written response. Ecology will not approve the Covenant unless the authority has been adequately consulted. 4. After completing your consultation with the local land use planning authority, submit the draft Covenant, along with a copy of the title search, to Ecology for review and approval. Please include any comments provided by the planning authority or, if none were provided, documentation of your consultation. 5. Upon Ecology approval, obtain the signatures of all grantors of the Covenant and obtain subordination agreements signed by any persons holding an interest in the real property subject to the Covenant who are not signing the Covenant as a grantor. 6. After obtaining the signatures of the grantors and any necessary subordination agreements, submit the Covenant to Ecology for its signature as the grantee. 7. Upon obtaining Ecology's signature, record the Covenant in every county where the real property subject to the Covenant is located. For detailed recording instructions, please refer to Chapter 65.04 RCW. 8. After recording, return the original signed and recorded Covenant to Ecology and provide a copy of the recorded Covenant to the following persons: Each person who signed the Covenant. Each person holding a recorded interest in the real property subject to the Covenant. Each person in possession of the real property subject to the Covenant at the time the Covenant is executed (i.e., renters). ,+ The local government planning authority in which real property subject to the Covenant is located. Any other person whom the Covenant expressly grants the power to enforce the Covenant. Any other persons Ecology requires. Please let me know if you have any questions regarding the Environmental Covenant or the approval process. Washington State Department of Ecology After Recording Return Original Signed Covenant to: Steve Teel Toxics Cleanup Program Department of Ecology Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 Environmental Covenant Grantor: Jefferson County Grantee: State of Washington, Department of Ecology (hereafter "Ecology") Brief Legal Description: S35 T30 R1W TAX #1 (IRONDALE BEACH PARK) Tax Parcel Nos.: 001353001 RECITALS a. This document is an environmental (restrictive) covenant (hereafter "Covenant") executed pursuant to the Model Toxics Control Act ("MTCA"), chapter 70.105D RCW, and Uniform Environmental Covenants Act ("UECA"), chapter 64.70 RCW. b. The Property that is the subject of this Covenant is part or all of a site commonly known as the Irondale Iron and Steel Plant, Facility/Site ID No. 95275518, Cleanup Site ID No. 4484. The Property is legally described in Exhibit A, and illustrated in Exhibit B, both of which are attached (hereafter "Property"). If there are differences between these two Exhibits, the legal description in Exhibit A shall prevail. C. The Property is the subject of remedial action conducted under MTCA. This Covenant is required because residual contamination remains on the Property after completion of remedial actions. Specifically, the following principal contaminants remain on the Property: Medium Principal Contaminants Present Soil Arsenic, copper, iron, lead, nickel, and zinc. d. It is the purpose of this Covenant to restrict certain activities and uses of the Property to protect human health and the environment and the integrity of remedial actions conducted at the site. Records describing the extent of residual contamination and remedial actions conducted are available through Ecology. This includes the following documents prepared by GeoEngineers for Ecology: • Cleanup Action and Site Restoration Completion Report, dated November 4, 2015. • Year -One Post -Construction Monitoring Report, dated November 20, 2014. Page 1 Washington State Department of Ecology • As -Built Report, dated November 17, 2014. • Final Engineering Design Report, dated May 1, 2012. • Revised Draft Cleanup Action Plan, dated August 2009. • Revised Draft Remedial Investigation/Feasibility Study, dated August 2009. e. This Covenant grants Ecology certain rights under UECA and as specified in this Covenant. As a Holder of this Covenant under UECA, Ecology has an interest in real property, however, this is not an ownership interest which equates to liability under MTCA or the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. The rights of Ecology as an "agency" under UECA, other than its' right as a holder, are not an interest in real property. COVENANT Jefferson County, as Grantor and Fee Simple owner of the Property hereby grants to the Washington State Department of Ecology, and its successors and assignees, the following covenants. Furthermore, it is the intent of the Grantor that such covenants shall supersede any prior interests the GRANTOR has in the property and run with the land and be binding on all current and future owners of any portion of, or interest in, the Property. Section 1. General Restrictions and Requirements. The following general restrictions and requirements shall apply to the Property: a. Interference with Remedial Action. The Grantor shall not engage in any activity on the Property that may impact or interfere with the remedial action and any operation, maintenance, inspection or monitoring of that remedial action without prior written approval from Ecology. b. Protection of Human Health and the Environment. The Grantor shall not engage in any activity on the Property that may threaten continued protection of human health or the environment without prior written approval from Ecology. This includes, but is not limited to, any activity that results in the release of residual contamination that was contained as a part of the remedial action or that exacerbates or creates a new exposure to residual contamination remaining on the Property. C. Continued Compliance Required. Grantor shall not convey any interest in any portion of the Property without providing for the continued adequate and complete operation, maintenance and monitoring of remedial actions and continued compliance with this Covenant. d. Leases. Grantor shall restrict any lease for any portion of the Property to uses and activities consistent with this Covenant and notify all lessees of the restrictions on the use of the Property. e. Preservation of Reference Monuments. Grantor shall make a good faith effort to preserve any reference monuments and boundary markers used to define the areal extent of coverage of this Covenant. Should a monument or marker be damaged or destroyed, Grantor shall have it replaced by a licensed professional surveyor within 30 days of discovery of the damage or destruction. Page 2 Washington State Department of Ecology Section 2. Specific Prohibitions and Requirements. In addition to the general restrictions in Section 1 of this Covenant, the following additional specific restrictions and requirements shall apply to the Property. a. Park Land Use: The remedial action for the Property areas illustrated in Exhibit B is based on a cleanup designed for a public park. As such, the portions of the Property illustrated in Exhibit B shall be used in perpetuity only for a public park. Prohibited uses in these areas on the Property include but are not limited to residential uses, childcare facilities, K-12 public or private schools, grazing of animals, and growing of food crops. b. Containment of Contaminated Soil. The remedial action for the Property is based on containing contaminated soil under a cap. Upland soil caps are placed in three areas: 1. The Former Power House Complex. 2. The Former Steel Production Building. 3. The Metals Excavation Area. These cap areas are located as illustrated in Exhibit B. The caps for areas #1 (Former Powerhouse Complex) and #2 (Former Steel Production Building) are 3 -foot -thick and are comprised of the following: • A geotextile base layer consistent with Washington State Department of Transportation Standard Specifications 9-33.2 on top of a sand leveling course. • Approximately two feet of beach sand and imported gravel borrow. • An upper layer of approximately one foot of imported top soil. The cap for area #3 (Metals Excavation Area) is comprised of: • A 6- to 11 -feet thick soil cap with a partially vegetated surface. The soil cap is primarily clean overburden and shoreline sandy soil, which was excess material generated during grading on the shoreline north of the remedial excavations. Imported fill was used to supplement the material obtained during grading activities. • Most of this cap area also includes approximately 12 inches of topsoil with shoreline tree and shrub plantings. The primary purpose of these three cap areas is to create a physical barrier between the contaminated soil and Property users and terrestrial ecological receptors. As such, the following restrictions shall apply within the areas illustrated in Exhibit B: Any activity on the Property that will compromise the integrity of the cap including: drilling; digging; piercing the cap with sampling device, post, stake or similar device; grading; excavation; installation of underground utilities; removal of the cap; or, application of loads in excess of the cap load bearing capacity, is prohibited without prior written approval by Ecology. The Grantor shall report to Ecology within forty-eight (48) hours of the discovery of any damage to the cap. Unless an alternative plan has been approved by Ecology in writing, the Grantor shall promptly repair the damage and submit Page 3 Washington State Department of Ecology a report documenting this work to Ecology within thirty (30) days of completing the repairs. ii. The Grantor covenants and agrees that it shall annually, or at another time as approved in writing by Ecology, inspect the cap and report within thirty (30) days of the inspection the condition of the cap and any changes to the cap that would impair its performance. d. Stormwater facilities. To minimize the potential for mobilization of contaminants remaining in the contaminated soil on the Property, no stormwater infiltration facilities or ponds shall be constructed within the areas of the Property illustrated in Exhibit B. All stormwater catch basins, conveyance systems, and other appurtenances located within these areas shall be of water- tight construction. Section 3. Access. a. The Grantor shall maintain clear access to all remedial action components necessary to construct, operate, inspect, monitor and maintain the remedial action. b. The Grantor freely and voluntarily grants Ecology and its authorized representatives, upon reasonable notice, the right to enter the Property at reasonable times to evaluate the effectiveness of this Covenant and associated remedial actions, and enforce compliance with this Covenant and those actions, including the right to take samples, inspect any remedial actions conducted on the Property, and to inspect related records. C. No right of access or use by a third party to any portion of the Property is conveyed by this instrument. Section 4. Notice Requirements. a. Conveyance of Any Interest. The Grantor, when conveying any interest within the area of the property described and illustrated in Exhibit B, including but not limited to title, easement, leases, and security or other interests, must: i. Provide written notice to Ecology of the intended conveyance at least thirty (30) days in advance of the conveyance. u. Include in the conveying document a notice in substantially the following form, as well as a complete copy of this Covenant: NOTICE: THIS PROPERTY IS SUBJECT TO AN ENVIRONMENTAL COVENANT GRANTED TO THE WASHINGTON STATE DEPARTMENT OF ECOLOGY ON AND RECORDED WITH THE JEFFERSON COUNTY AUDITOR UNDER RECORDING NUMBER USES AND ACTIVITIES ON THIS PROPERTY MUST COMPLY WITH THAT COVENANT, A COMPLETE COPY OF WHICH IS ATTACHED TO THIS DOCUMENT. iii. Unless otherwise agreed to in writing by Ecology, provide Ecology with a complete copy of the executed document within thirty (30) days of the date of execution of such document. Page 4 Washington State Department of Ecology b. Reporting Violations. Should the Grantor become aware of any violation of this Covenant, Grantor shall promptly report such violation in writing to Ecology. C. Emergencies. For any emergency or significant change in site conditions due to Acts of Nature (for example, flood or fire) resulting in a violation of this Covenant, the Grantor is authorized to respond to such an event in accordance with state and federal law. The Grantor must notify Ecology in writing of the event and response actions planned or taken as soon as practical but no later than within 24 hours of the discovery of the event. d. Notification procedure. Any required written notice, approval, reporting or other communication shall be personally delivered or sent by first class mail to the following persons. Any change in this contact information shall be submitted in writing to all parties to this Covenant. Upon mutual agreement of the parties to this Covenant, an alternative to personal delivery or first class mail, such as e-mail or other electronic means, may be used for these communications. Monte Reinders Environmental Covenants Coordinator Jefferson County Public Works Director I Washington State Department of Ecology 623 Sheridan St. Port Townsend, WA 98368 360-385-9160 mreinders@co. j efferson.wa.us Section 5. Modification or Termination. Toxics Cleanup Program P.O. Box 47600 Olympia, WA 98504 — 7600 (360) 407-6000 ToxicsCleanupProgrramHQAecy.wa.gov a. Grantor must provide written notice and obtain approval from Ecology at least sixty (60) days in advance of any proposed activity or use of the Property in a manner that is inconsistent with this Covenant. For any proposal that is inconsistent with this Covenant and permanently modifies an activity or use restriction at the site: i. Ecology must issue a public notice and provide an opportunity for the public to comment on the proposal; and ii. If Ecology approves of the proposal, the Covenant must be amended to reflect the change before the activity or use can proceed. b. If the conditions at the site requiring a Covenant have changed or no longer exist, then the Grantor may submit a request to Ecology that this Covenant be amended or terminated. Any amendment or termination of this Covenant must follow the procedures in MTCA and UECA and any rules promulgated under these chapters. C. By signing this agreement, per RCW 64.70.100, the original signatories to this agreement, other than Ecology, agree to waive all rights to sign amendments to and termination of this Covenant. Section 6. Enforcement and Construction. a. This Covenant is being freely and voluntarily granted by the Grantor. Page 5 Washington State Department of Ecology b. Within ten (10) days of execution of this Covenant, Grantor shall provide Ecology with an original signed Covenant and proof of recording and a copy of the Covenant and proof of recording to others required by RCW 64.70.070. C. Ecology shall be entitled to enforce the terms of this Covenant by resort to specific performance or legal process. All remedies available in this Covenant shall be in addition to any and all remedies at law or in equity, including MTCA and UECA. Enforcement of the terms of this Covenant shall be at the discretion of Ecology, and any forbearance, delay or omission to exercise its rights under this Covenant in the event of a breach of any term of this Covenant is not a waiver by Ecology of that term or of any subsequent breach of that term, or any other term in this Covenant, or of any rights of Ecology under this Covenant. d. The Grantor shall be responsible for all costs associated with implementation of this Covenant. Furthermore, the Grantor, upon request by Ecology, shall be obligated to pay for Ecology's costs to process a request for any modification or termination of this Covenant and any approval required by this Covenant. e. This Covenant shall be liberally construed to meet the intent of MTCA and UECA. L The provisions of this Covenant shall be severable. If any provision in this Covenant or its application to any person or circumstance is held invalid, the remainder of this Covenant or its application to any person or circumstance is not affected and shall continue in full force and effect as though such void provision had not been contained herein. g. A heading used at the beginning of any section or paragraph or exhibit of this Covenant may be used to aid in the interpretation of that section or paragraph or exhibit but does not override the specific requirements in that section or paragraph. The undersigned Grantor warrants he/she holds the title to The Property, and has authority to execute this Covenant. Page 6 Washington State Department of Ecology EXECUTED this day of , 20 If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to form only this 1-7 of 20 �v David Alvarez Deputy P s g Attorney V-A me E. ate Public Works Director/County Engineer STATE OF: WASHINGTON COUNTY OF: JEFFERSON On this day of , 20_, I certify that personally appeared before me, acknowledged that he/she is the Chair of the Jefferson County Board of Commissioners that executed the within and foregoing instrument, and signed said instrument by free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument for said state agency. Notary Public in and for the State of Washington 15 Residing at My appointment expires Page 7 Washington State Department of Ecology The Department of Ecology, hereby accepts the status as GRANTEE and HOLDER of the above Environmental Covenant. STATE OF WASHINGTON DEPARTMENT OF ECOLOGY by: Rebecca S. Lawson, P.E., L.G., L.HG. Title: Section Manager, Toxics Cleanup Program, Southwest Regional Office Dated: STATE ACKNOWLEDGMENT STATE OF CK$10164 0 WKS) 0 On this day of , 20___, I certify that personally appeared before me, acknowledged that he/she is the of the state agency that executed the within and foregoing instrument, and signed said instrument by free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument for said state agency. Notary Public in and for the State of Washington Residing at My appointment expires Page 8 Washington State Department of Ecology Exhibit A LEGAL DESCRIPTION 1110111111111111 4638'71 .aA JefferoM Cerwets, ern JWKRM TITLE 00 1 IM 98 00 PARCEL LEGAL DESCRIMION: (A) That certain tract marked "hondale Steel Furnace and Mills" upon the plat of Irondale, filed in the office of the. Auditor of Jefferson County, Washington, June 3, 1909, said tract bearg bounded on $ie south by the north line of the easterly portion of Mwket Street and by said line continued easterly to the line of ordinary high tide on Port Townsend Bay; on the west and southwest by the easterly and northeasterly line of Hadlock Avenue; on the north by the southeasterly line of James Sb d and its easterly extension thereof; and on the east, northeast and southeast by said line of ordinary high tide; (being otherwise known and described as Tax No. 4, in Section 2, Township 29 North, Range 1 West, W.M., and Tax No. 1, in Section 35, Township 30 North, Range 1 West, W.M.; (B) All tidelands in front of the "handale Steel Furnace and Mills Reserve" in said plat of Trondak which are bounded on the north by a lime extending easterly from the most northerly comer of said reserve bemg the easterly extension of the southerly margin of James Street; on the south by the north lire of the eagerly portion of Market Street, produced easterly; and on the east by the line of extreme low tide; (being otherwise designated as Tideland Tax No. "F" in said Section 35). TQQEIM WrM that non-exclusive easement as shown on deed recorded under Auditor's File Number 448479, Records of Jeffeasort County, Washington, for ingress, egress and utilities over, under and across 30 feet on each side of the following described centerline: Beginning at the intersection of the centerline of Moore Street with the line between the intersection of a line £ruin the intersection of the east line of Roy Way and the south right of way line of Moore Street extending northwesterly to the southeast corner of Lot 55, Block 46 of said Plat; thence south 87° 33' or east on the extension of the centerline of said Moore Street, a distance of 70.63 fear thence on a 100 -foot radius curve right through a central angle of 51' 33' 08", an arc length of 91.72 feet; thence south 35° cast to the southerly right of way lime of vacated James Street extended northeasterly to the line of extreme low tide. All situate in Jefferson County, State of Washington: Assessors Parcel Numbers: 001353001, 901021002. The lands herein described contain an area of 12.58 acres upland and 4.84 acres tidelands, more or less, more accurately depicted by survey recorded under Auditor File No. 453267, dated March 7, 2002, Volume 24 of Storeys, Pages 60, 61, Records of Jefferson County, Washington. Grantors: COTTON FAMQ.Y LI!Nff D PARTNER MP Page 4 of 4 Pages Page 9 Washington State Department of Ecology Exhibit B MAP ILLUSTRATING LOCATION OF RESTRICTIONS UPLAND CAP AREAS AND METALS EXCAVATION AREA Page 10 11111 fill _ r a Page 10 MEMORANDUM Date: July 21, 2015 To: Philip Morley and David Alvarez Jefferson County Department of Public Works 623 Sheridan St. Port Townsend, WA 98368 (360) 385-9160 Monte Reinders, PE Public Works Director/County Engineer From: Matt Tyler, Parks and Recreation Manager Subj: Risk and Legal Review of Proposed Environmental Covenant for Irondale Beach Park The Washington State Department of Ecology completed a major environmental clean-up project at the Irondale Beach Park site in 2012. The cleanup was conducted under the Model Toxics Cleanup Act (MCTA). The MCTA requires an Environmental Covenant in projects such as the Irondale Beach Park project, where protective and containment structures are left behind at the clean-up site. The Environmental Covenant is used to guarantee the structures are preserved, monitored, accessible, and linked to the title of the property in perpetuity. The structures at the site are 'geo-caps'. A geo-cap is a fabric lined sand layer with a rock rim that is placed on top of polluted areas. The Geo -cap both contains the pollution within the area; and separates it from water, plants, and animals. Specifically, the Environmental Covenant is to "...restrict certain activities and uses of the Property to protect human health and the environment and the integrity of remedial actions conducted at the Site." Some of the restrictions included in the Covenant are: the property must be retained for park use, certain other uses are prohibited, the caps must be protected and preserved, and restrictions on storm - water facility design. In addition access must be provided to Ecology, and there are notice requirements. Steve Teel, Department of Ecology Project Manager, said that he was available to answer questions by phone or email. Steve Teel, Phone (360) 407-6247, email: steve.teel@ecy.wa.gov The following citations are available if further information is required: • Uniform Environmental Covenants Act (UECA), Chapter 64.70 RCW (http://apps.leg.wa.gov/RCW/default.aspx?cite=64.70); • WAC 173-340-440 (http://apps.Ieg.wa.gov/WAC/defauIt.aspx?cite=173-340-440) of the Model Toxics Cleanup Act (MTCA) Cleanup Regulation. Steve Teel provided the following process for reviewing and approving the Environmental Covenant: Conduct a title search to identify all persons holding an interest in the real property subject to the Covenant. (The title search has been completed and is included with this memo). Generally, Ecology will not sign the Covenant unless all interest holders are willing to sign on as grantors or subordinate their interests. See step 5 below. Review the attached draft Covenant and supply any requested information. Please make any additions or changes in redline/strikeout. Return the draft Covenant to Ecology for review before proceeding with Step 3. Please note that any changes to the template language in the Covenant must be approved by the Attorney General's Office. http://www.ecy.wa.gov/programs/tcp/policies/tcppoly.html Submit the draft Covenant for review and comment to the appropriate land use planning authority with jurisdiction over the site. See the link below for Ecology Procedure 440A for a description of who to contact and a transmittal letter template. When requesting such a review, please: Send me a copy of your written request, provide the authority with my contact information, request that the authority send me a copy of any written response. Ecology will not approve the Covenant unless the authority has been adequately consulted. 4. After completing your consultation with the local land use planning authority, submit the draft Covenant, along with a copy of the title search, to Ecology for review and approval. Please include any comments provided by the planning authority or, if none were provided, documentation of your consultation. 5. Upon Ecology approval, obtain the signatures of all grantors of the Covenant and obtain subordination agreements signed by any persons holding an interest in the real property subject to the Covenant who are not signing the Covenant as a grantor. 6. After obtaining the signatures of the grantors and any necessary subordination agreements, submit the Covenant to Ecology for its signature as the grantee. 7. Upon obtaining Ecology's signature, record the Covenant in every county where the real property subject to the Covenant is located. For detailed recording instructions, please refer to Chapter 65.04 RCW. 8. After recording, return the original signed and recorded Covenant to Ecology and provide a copy of the recorded Covenant to the following persons: Each person who signed the Covenant. Each person holding a recorded interest in the real property subject to the Covenant. Each person in possession of the real property subject to the Covenant at the time the Covenant is executed (i.e., renters). The local government planning authority in which real property subject to the Covenant is located. Any other person whom the Covenant expressly grants the power to enforce the Covenant. Any other persons Ecology requires. Please let me know if you have any questions regarding the Environmental Covenant or the approval process.