9 Va. Admin. Code § 15-90-30
{INSTRUCTIONS are italicized and provided in brackets {}. The applicant may delete these instructions after filling out the template in order to create a more readable document. All provisions other than instructions remain a part of the UECA environmental covenant. As provided in 9VAC15-90-30 A 2, provisions marked with an asterisk (*) are required by law for all environmental covenants executed pursuant to the UECA, and other provisions within this Virginia UECA Template should be included unless the Department grants permission for particular provisions to be omitted or modified (or for additional provisions to be included). This regulation provides notice that the Department intends to require inclusion of all provisions in the Virginia UECA Template whenever the Department is a necessary party to a UECA covenant, unless other parties present persuasive alternatives to which the Department agrees. The Department strongly recommends use of all provisions of the Virginia UECA Template even when the Department is not a necessary party to the UECA covenant. All statutory references are to the Code of Virginia (1950), as amended.}
Tax Map or GPIN No.: ________________________________
Prepared by: _______________________________________
Remediation Program Site ID #:_________________________
UECA ENVIRONMENTAL COVENANT
This environmental covenant is made and entered into as of the ___ day of ______, _____, by and between _____________, whose address is ________________ (hereinafter referred to as the "Grantor" or "Owner"), and ____________, (hereinafter referred to as the "Grantee" or "Holder") whose address is __________________.
_____________________, whose address is _____________ (hereinafter referred to as the "Agency") also joins in this environmental covenant.
*This environmental covenant is executed pursuant to the Virginia Uniform Environmental Covenants Act, § 10.1-1238 et seq. of the Code of Virginia (UECA). This environmental covenant subjects the Property identified in Paragraph 1 to the activity and use limitations in this document.
{INSTRUCTIONS: See § 10.1-1240A 1 of the Code of Virginia. Note: If the parties agree that the Agency shall be an Additional Grantee, then this sentence should be added to the covenant after the sentence containing the Agency's name and address: "The Agency shall be considered as an Additional Grantee for recordation purposes."}
{INSTRUCTIONS: Provide a legally sufficient description of the real property subject to the covenant above as required by § 10.1-1240A 2 of the Code of Virginia. Include the street address of the property (if available), the recorded location of a metes and bounds description or survey plat of the Property (normally the Deed into the current owners), or attach any previously unrecorded survey as an exhibit to this environmental covenant. Note that, if the street address is different from the locality in which the land records are kept (for example, the mailing address is in Ashland but the land records are Hanover), then include both pieces of information.}
{INSTRUCTIONS: Unless otherwise agreed by the Department, a copy of the remediation decision document shall be attached as an exhibit. Note: If the decision document is subsequently changed, then the applicant shall submit the updated decision document, probably in conjunction with an amendment or termination of the covenant.}
{INSTRUCTIONS: Describe each specific restriction on land use, such as whether the property can be used only for non-residential purposes or whether the groundwater may be used as potable water; describe each obligation, such as groundwater monitoring, maintenance of a fence or cap. If the activity and use limitations are stated within the remediation decision document that is incorporated in the applicant's response to 2b, then the applicant shall respond to 3a by referring to the appropriate sections of that decision document and/or by attaching those provisions from within the decision document as an exhibit. If the decision document is lengthy, then the Agency may choose to stipulate which sections must be included in the environmental covenant, rather than requiring that the entire decision document be included. Although it is not generally recommended, the Agency may stipulate another method for compliance with this section if including all or parts of the decision document is not practicable. The Department requires that the UECA environmental covenant be consistent with the decision document. A description of the activity and use limitations is required by § 10.1-1240A 3 of the Code of Virginia.}
{INSTRUCTIONS:The applicant shall attach the required coordinates as an exhibit to the covenant in response to 3b in the following format:
Exhibit ___
Activity and Use Limitation Area(s)
{INSTRUCTIONS: For each activity and use restriction, geographic coordinate lists that define the boundary of each activity and use restriction as a polygon shall be developed. The longitude and latitude of each polygon vertex shall meet the following requirements, unless otherwise agreed by the signatories:
| Decimal degrees format |
| At least seven decimal places (to achieve a precision of approximately 0.04 ft based on a typical survey precision of 0.01 ft) |
| Negative sign for west longitude |
| WGS 1984 datum |
| Validate by saving the file as: filename.kml and opening in Google Earth |
An example coordinate list and polygon are shown below:}
-74.xxxxxxxxxxx822,40.yyyyyyyyyyy762,0 (Point of Beginning)
-74.xxxxxxxxxxx822,40.yyyyyyyyyyy762,0 <-- Point of Beginning
-74.xxxxxxxxxxx309,40.yyyyyyyyyyy341,0
-74.xxxxxxxxxxx325,40.yyyyyyyyyyy132,0
-74.xxxxxxxxxxx727,40.yyyyyyyyyyy201,0
-74.xxxxxxxxxxx162,40.yyyyyyyyyyy337,0
-74.xxxxxxxxxxx101,40.yyyyyyyyyyy146,0
-74.xxxxxxxxxxx916,40.yyyyyyyyyyy528,0
-74.xxxxxxxxxxx378,40.yyyyyyyyyyy114,0
-74.xxxxxxxxxxx145,40.yyyyyyyyyyy279,0
-74.xxxxxxxxxxx822,40.yyyyyyyyyyy762,0 <-- Point of Beginning}
{INSTRUCTIONS: See § 10.1-1240B 2 of the Code of Virginia.}
{INSTRUCTIONS: See § 10.1-1240B 1 of the Code of Virginia. Note that transfer of the property also requires payment of a fee pursuant to 9VAC15-90-40 C.}
{INSTRUCTIONS: See § 10.1-1240B 3 of the Code of Virginia.}
If there is an agreement to subordinate one or more prior interests in the Property to this environmental covenant, then the subordination agreement(s) is/are set forth as follows:
{INSTRUCTIONS: The applicant shall additionally provide to the Agency and the Holder(s) a list of all encumbrances on the property based upon a title review conducted by a title insurance company or attorney at law. The Agency and Holder may consider which, if any, of these encumbrances need to be subordinated prior to the Agency's or the Holder's signing the proposed covenant. At the direction of the Agency or the Holder, the subordination agreement for such encumbrances shall be reproduced within the covenant in the applicant's response to paragraph 7 or attached as an exhibit.}
{INSTRUCTIONS: Recordation of UECA environmental covenants, amendments, and termination is required by § 10.1-1244A of the Code of Virginia; however, the deadline for doing so is not specified in the statute. Pursuant to this regulation, the specified Virginia UECA documents shall be recorded within 90 days unless the Agency and other signatories agree otherwise.}
{INSTRUCTIONS: Notice to the parties specified above is required by § 10.1-1243 of the Code of Virginia "in the manner required by the agency." Pursuant to this regulation, notice of the specified UECA documents shall be provided in the time and method described above unless otherwise directed by the Department or by another Agency in cases where the Department is not the Agency.}
ACKNOWLEDGMENTS:
*GRANTOR(S) (All Fee Simple Owners)
| {Name of Owner}, Grantor | ||
| Date | By (signature): | |
| Name (printed): | ||
| Title: | ||
COMMONWEALTH OF VIRGINIA {other state, if executed outside Virginia}
CITY/COUNTY OF ________________________________
On this ___ day of _______________, 20__, before me, the undersigned officer, personally appeared ______________________ {Owner, Grantor} who acknowledged himself/herself to be the person whose name is subscribed to this environmental covenant, and acknowledged that s/he freely executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
My commission expires: ___________________________
Registration #: __________________________________
_____________________________
Notary Public
{REPEAT AS NECESSARY}
*HOLDER(S)
| {Name of Owner}, Grantee | |||
| Date | By (signature): | ||
| Name (printed): | |||
| Title: | |||
COMMONWEALTH OF VIRGINIA {other state, if executed outside Virginia}
CITY/COUNTY OF ____________________________
On this ___ day of _______________, 20__, before me, the undersigned officer, personally appeared _____________________ {Holder, Grantee} who acknowledged himself/herself to be the person whose name is subscribed to this environmental covenant, and acknowledged that s/he freely executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
My commission expires: ___________________________
Registration #: _______________________________
_____________________________
Notary Public
{REPEAT AS NECESSARY}
*AGENCY
APPROVED by the {Department of Environmental Qualityand/or other Agency} as required by § 10.1-1238 et seq.of the Code of Virginia.
| Date | By (signature): | |
| Name (printed): | ||
| Title: | ||
{REPEAT AS NECESSARY}
SEEN AND RECEIVED by the Department of Environmental Quality {if the Department is not the Agency or the Holder}
{INSTRUCTIONS: In accordance with 9VAC15-90-40, notice and payment of a fee to DEQ is required for every UECA environmental covenant in Virginia. However, when DEQ is not the Agency or Holder, no approval of the UECA document by DEQ is necessary or will be provided.}
| Date | By (signature): | |
| Name (printed): | ||
| Title: | ||
{END of Virginia UECA Template}
9 Va. Admin. Code § 15-90-30
Statutory Authority
§ 10.1-1250 of the Code of Virginia.