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WA State Dept of Ecology 9/18/2023
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WA State Dept of Ecology 9/18/2023
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Last modified
9/22/2023 9:20:01 AM
Creation date
9/22/2023 9:18:33 AM
Metadata
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Template:
Contracts
Contractor's Name
WA State Dept of Ecology
Approval Date
9/18/2023
Department
Facilities
Department Project Manager
Paul McKee
Subject / Project Title
Amended Environmental Covenant for Legion Golf Course -Toxics Cleanup Program
Tracking Number
0003933
Total Compensation
$0.00
Contract Type
Real Property
Contract Subtype
Other Real Property
Retention Period
10 Years Then Transfer to State Archivist
Imported from EPIC
No
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- Section's A portion of the Property contains contaminated soil located under the parking lot and <br /> -- :••clubhouse facilities The Owner shall not alter, modify, or remove the existing structures in any <br /> ' r manaei .that•may result in the release or exposure to the environment of that contaminated soil or <br /> • „create a new exposure pathway without prior written approval from Ecology. The Owner may <br /> conduct patku g lot..arid building maintenance, redevelopment or expansion that maintains or <br /> inereaWs' the`ctintainmeet function of the structures or that meets the applicable soil profile <br /> specified-by•Ecolog F in the.Everett Smelter Site Integrated Final Cleanup Action Plan and Final <br /> Envirorinfentalimpact Statement for the Upland Area (Ecology 1999) as may be amended by <br /> Ecology from tine-to-tilde'("'Everett Smelter Site FCAP/FEIS"). <br /> Section 2 The Owner shalt not modify areas of the Property on which residual contaminated soil <br /> is located and capped•bX-sfindar,turf,except as follows <br /> a Any future redesign and•reconfiguration of entire holes or overall renovation of <br /> the golf course thai disturbs`centarliinated soil on the Property shall follow the work plan <br /> summarized on Table2,,,of,:and•further described in, the East Marine View Drive Widening and <br /> Legion Memorial Golf Course Impro.yements Independent Remedial Action Report The City may <br /> request Ecology's review aid concurrence bn changes, if any,in the work plan <br /> b As part of normal:operations, improvements, and maintenance of the golf facility, <br /> the Owner shall maintain and implement:11.set of•protective procedures to be used in maintaining <br /> any areas of the Property where Contininated'soil remains (hereafter"Golf Course Maintenance <br /> Program") The golf course maintetsance program shall include worker training,use of protective <br /> clothing, isolation of temporarily stockpiled soils..olith a plastic barrier, backfillmg of any new <br /> utility trenches with clean material, and proper'•hanageinent of any soils that require removal off- <br /> site • <br /> c. The Golf Course Maintenance Program :sh• all also include maintenance of the <br /> integrity of the capped areas, including (i) the marritenance of not less than four inches of clean <br /> sand or soil on fairways, tees, and greens, (ii) turf and tatidscaptng in areas of the rough that are <br /> not capped by sand or other features (e g, impervious'.surfaces, ponds), (iii) the periodic <br /> topdressing and maintenance of turf on Fairway No 12,unless'aiid'untii the hole is renovated and <br /> capped or meets the applicable soil profile in the Everett Smelter Site FCAP/FEIS, and (iv) <br /> procedures for construction or maintenance of golf course or Other'u;ilities or facilities that may <br /> be located on or traverse the Property • <br /> d Except for activities performed in accordance witti.thc-Golf-Course Maintenance <br /> Program, any activity on the Property that may result in the release,.or .exposure to the <br /> environment of the contaminated soil that was contained as part of die Retfiechal Action, or create <br /> a new exposure pathway, is prohibited. Some examples of activities.ineluda:--drilling, digging, <br /> placement of any objects or use of any equipment which deforms or stresses.the surface beyond <br /> its load bearing capability, piercing the surface with a rod, spike or simi'ar items,.1iu11d>izing or <br /> • <br /> earthwork •, <br /> e If the use of the Property were to change from a golf course; then ekther the <br /> applicable soil profile specified in the Everett Smelter Site FCAP/FEIS shall be met flsr'sCrch use, <br /> 2 <br /> r• r <br />
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