1001 E MARINE VIEW DR SITE WORK AND UTILITIES 2018-01-01 MF Import

Secunul. A 20 foot wide strip on the�vestern side of the slope along East Marine View Drive was excavated to 4-6 feet below ground surface for a landscape strip. A demarcation fabric consisting of 4 oz. nonwoven geotestile was placed at the bottom of the excavation in the landscape area to delineate contaminant removal boundaries for future construction personnel. Soils below this fabric contain arsenic that exceeds 500 mg/kg(parts per million). This area of arsenic contaminated soils is covered with a minimum of four feet of clean fill material and serves to prevent direct contact with the contaminated soil. In addition, the demarcation fabric serves to delineate the boundaries for future site development. My activity on the Property that may result in the release or exposure to the environment of the contaminated soil that was contained as part of the Remedial Action, orcreate a new exposure pathway, is prohibited. S o�_��r,n 2, Any activiry on the Property that may interfere with the integriry of the Remedial Action and continued protection of human health and the environment is prohibited. Crrtinn 4. Any activity on the Property that may result in the release or exposure to the environment of a hazardous substance that remains on the Property as part of tlie Remedial Action, or create a new exposure pnthway, is prohibited without prior written approval from Ecology. Sectinug. The Owner of the property nwst give thirty (30) day advance written notice ro Ecolo�y of tlie Owner's intent to convey any interest in tl�e Property. No conveyance of title, casement, lease, or other interest in the Property shall be consummated by the Owner without adequate and complete provision for continued maintenance of the soil wver. Sectinn 5. The Owner must restrict leases to uses and activities consistent with the Restrictive Covenant and notiCy all lessees of the restrictions on the use of the Property. Srcrinn 6, Tlie Owner must notify and obtain approval from Ecology prior to any use of the Property that is inconsistent with the tcrms of this Rcstrictive Covcr.:!nt. Lcology may approvc any inconsistent use only after public notice and comment. Ser�inn �. The Owner shal! allow authorized representatives of Ecology the right to enter the Property at reasonable times for the pw-pose of evaluating the Remedial Action; to take samples, to inspect remedial actions conducted at the property, and to inspect records that are related to the Remedial Action, Cectinn R. The Owner of the Property reserves the right under WAC 173-340-440 to record an instrument d�at provides that this Restrictive Covenant shall no longer limit use of the Property or be of any further force or effect. However, such an instrument may be recorded only if Ecology, '