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Section 5: Notice Requirements

Notice Requirements

Not less than 30 days before the date the TTC considers a proposed environmental covenant, ENV will issue a public notice. Before the notice is mailed, ENV will obtain all documentation required in Section 4 and receive OGC approval of the notice language.

Notice Language Requirements

The notice must include:

  • A clear and concise description of the proposal to enter into the environmental covenant,
  • A statement of the manner in which written comments may be submitted,
  • The date the TTC will consider the proposed environmental covenant, and
  • The department contact name and address to which comments are submitted.

Notice Submission Requirements

ENV with the assistance of the applicable Regional Office will mail or coordinate the mailing of a third party's notice to:

  • Each owner of a property interest in the applicable property,
  • Each adjacent landowner, and
  • Each applicable local government whose territorial jurisdiction includes the property. This includes the county, a municipality (within municipal or extra-territorial boundaries), or entity responsible for groundwater conservation or quality.

ENV is responsible for identifying the above parties and for sending the approved notice to the parties via United States Postal Service utilizing certified mail/ return receipt. This receipt will be preserved for documentation. The applicable Regional Office will assist ENV with these tasks.

For all third party environmental covenants requests, the third party is responsible for identifying the above parties and for sending a department approved notice to the parties via United States Postal Service utilizing certified mail/ return receipt. ENV and the OGC will review and approve the Third party notice language before the notice is sent.

Review of Public Comments

ENV will receive public comments and coordinate review of the public comments with OGC and applicable Regional Office.

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