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TASK 11. Public Participation. <br /> (a) The Agency and DTSC will conduct appropriate public participation <br /> activities given the nature of the community surrounding the Property <br /> or group of Properties and the level of community interest. The <br /> Agency will work cooperatively with DTSC to ensure that the affected <br /> and interested public and community are involved in the decision- <br /> making process applicable to the clean-up of the Property or group of <br /> Properties, taking into account the Agency's existing public <br /> participation capabilities and procedures. DTSC and the Agency will <br /> strive to integrate the public participation activities associated with the <br /> RAP or Cleanup Plan with the public participation activities <br /> associated with the development of the Properties or group of <br /> Properties to the maximum extent possible. <br /> (b) A scoping meeting may be held to determine the appropriate <br /> activities that will be conducted as part of the public participation plan. <br /> If necessary, the Agency will then prepare a public participation plan <br /> for the Property or group of Properties that describes the proximity of <br /> homes and/or schools, day care facilities, churches, and similar uses; <br /> the current and proposed land uses within and adjacent to the <br /> Property or group of Properties; media interest; and involvement of <br /> community groups and elected officials. The plan shall also include a <br /> mailing list, identify appropriate information repositories, and specify <br /> the public participation activities that the Agency will undertake to <br /> provide opportunities for public involvement in site-related decisions. <br /> The Agency and DTSC will evaluate whether a fact sheet and public <br /> notices are necessary, as well as their content, distribution and <br /> circulation, and whether a public meeting is appropriate depending on <br /> the circumstances and the nature of the remedial or removal action, <br /> as well as any other public participation procedures. <br /> TASK 12. Land Use Covenant. If required pursuant to California Code of Regulations, <br /> title 22, section 67391.1, the Parties agree that the final RAP or Cleanup Plan will <br /> contain a requirement for a land use covenant imposing appropriate limitations on land <br /> use when hazardous substances, hazardous materials, hazardous constituents or <br /> hazardous wastes will remain at the Property or group of Properties at levels that are <br /> determined by DTSC as not suitable for unrestricted use of the land. If DTSC <br /> determines a land use covenant is necessary, the Agency agrees to sign and record a <br /> land use covenant approved by DTSC, or if the Agency is not the Property Owner, the <br /> Agency will arrange for the Property Owner to sign and record the land use covenant <br /> approved by DTSC. The land use covenant must be recorded in the County where the <br /> land is located prior to DTSC's determination that a remedial or removal action has <br /> been properly completed in accordance with the final Remedial Action Plan or Cleanup <br /> Plan for a Property or group of Properties. <br /> 19 of 31 <br />