HomeMy WebLinkAboutWashington State Department of Ecology - 060616Washington 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
600593 PGS:10 COV
07/05/2016 12:17 PM $82.00 JEFFERSON COUNTY PUBLIC WORKS
Jefferson County WA Auditor's Office - Rose Ann Carroll, Auditor
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Environmental Covenant
�7 COPY
Grantor: Jefferson County
Grantee: State of Washington, Department of Ecology (hereafter "Ecology")
Brief Legal Description: S35 T30 R1 W 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:
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.
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Pro d
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.
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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.
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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:
i. 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
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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.
ii. 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.
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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
Jefferson County Public Works Director
623 Sheridan St.
Port Townsend, WA 98368
360-385-9160
mreinders @co. j efferson.wa.us
Section 5. Modification or Termination.
Environmental Covenants Coordinator
Washington State Department of Ecology
Toxics Cleanup Program
P.O. Box 47600
Olympia, WA 98504 — 7600
(360) 407-6000
ToxicsCleanupProgramHQ(a ecy.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.
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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.
E 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.
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Washington State Department of Ecology
EXECUTED this (9 day of J*t C , 20_LL7
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
Approved_ as to form only this 1-76
of qAl, 20,
David Alvarez
Deputy P g Attorney
/6
me E. ate
Public Works Director/County Engineer
STATE OF: WASHINGTON
COUNTY OF: JEFFERSON
On this Lh day of t Ltvu- 20� I certify that
G� Gty1 jC"(py personally appeared before me, acknowledged that he/(!* 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 hell "as authorized to execute said
instrument for said state agency.
S'4�QO,-YW AO -11l
2
O
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-%V V V VX -
i �G '&/ P Ave
Notary Pub is in and for th State of Washington is
Residing at 3 vyt C��c riv
My appointment expires 3 Z�
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
A�J4 e- 6; r. -'e�'s:�
by: Rebecca S. Lawson, P.E., L.G., L.HG.
Title: Section Manager, Toxics Cleanup Program, Southwest Regional Office
Dated: w /5�//ye
STATE ACKNOWLEDGMENT
STATE OF UJ44"'���
COUNTY OF %,J+�dy�-
On this I"11 r` day of - , 20t� I certify that GL- �• v�%'l
personally appeared before me, '96owledged that hes the 'ori
of the state agency that executed the within and foregoing instrument, and signed ad 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
"V
.o
:0 NOTARY
�, My appointment expires
N PU6LIC
Page 8
Washington State Department of Ecology
Exhibit A
LEGAL DESCRIPTION
463871
Page; 7 of 7
Jeflar"" County MA TITLE 00 i aao 311.011
PARCEL LEGAL DESCRIMON;
(A) 11ist oerteria tract n "Itondsle Steel Furmw aid IrfiW upon the plat of banhle„
filed in the office of the. Auditor of Jeffmm County, Wauahingdm, Jime 3, 1909, said tract
being bounded on the seA by the north lune of the easterly portion of Market Street and
by said line conturued easterly to the line of otdmaary high tide on fort Townsend Bay; on
the west and soethwest by the easterly and northeasterly line of Hadlock Avenue on the
north by the southeasterly line of Jaynes Street and its easterly extension thmwt and on
the wt, northeast and southeast by said line of ordinary high We; (being otherwise
known sued described as Tax No. 4, in Section 2, Township 29 North, Range 1 West,
W.MM, and Tax No. t, in Section 3S. Township 30 North, Range i West, W1,14
(B) All tidelands in front of the "Ian dale St+ed Fuma m and Mills Reserve" in. saki plat of
iiandale which are bounded on the north by a line extending easterly from the most
northerly corner of said reserve being the eastetiy extension of the southerly margin of
James Stract; as the south by the north lure of the easterly portion of Marlret Street,
pro&wed easterly, and on the east by +tie line of extreme low fids, (being otherwise
designated as Tideland Tax No. "F" in said Section 35).
TORE MM WITH that non-owlusive casement as shown on deed recorded under Auditor's
File Number 448474, Records of Jefferson, County, Washbgbo n, for ingress, egteas and uar7itiea
over, wmder and across 30 Poet on each side of the following described oentwh m
Beginning at the interantian of the centerline of Moore Street with the line ba ween the
intersection of a lune fron the Intersection of the east line of Roy Way and the south right of way
line of Moore Street extending northwesterly to the soudtesst comer of Lot 55, Block 46 of said
plat; theaw somb 87' 33' or east on the muension of the ceriftline of said Mo= Stock a
distance of 70.63 Act thence on a 100 -foot radius curve right through a central angle of Sr 33'
08", as ase length of 91.71 feet thence south 35° east to the soulberly tight of way line of
vacated James Street extooded northeasterly to the Tine of extt+dme low tido.
All situate in Jeffewrso n. County, State of Washington:
Assessors Parcel Numhbers: 01}1353001, 901021002.
The larhds herein described caonWa an area of 12x8 acres upland and 4.84 acres ti&xxis,
rwro or less, more accurately depicted by survey recorded under Auditor File No. 453267,
dated March 7, 2002, Volum 24 of Surveys, Pages 60, 61, Records of Jefferson County,
Washington,
Gwrarrtors:
COTTON FAMiI Y L041M PARTN13LSHIt
.2.-'. lJ �.��1 ' i
Page 4 of 4 Pagan
Page 9
Washington State Department of Ecology
Exhibit B
MAP ILLUSTRATING LOCATION OF RESTRICTIONS
UPLAND CAP AREAS AND METALS EXCAVATION AREA
Page 10
Thank You!
7/5/16 12:17 PM jessie
Jefferson County WA
Jefferson County Auditor
1820 Jefferson St.
Port Tovvnsend, WA 98368
Receipt: 16-03090
Product
COV
Name Extended
Covenant $82.00
Document # 600593
# Pages 10
$40 surcharge true
Total
$82.00
Tender (On Account (Charge
Prepay))
or $82.00
Account#
JCPW
Account
JEFFERSON
Name
COUNTY PUBLIC
WORKS
Comments
BY NANCY FOR
PARKS & REC
Thank You!
7/5/16 12:17 PM jessie