for Land Use possible) these are entities that – Controls complex documents, have appropriate control (MOALUC) or entity with a high generally developed over access to degree of control between OGC and contaminated media within of over access to the governmental their jurisdiction. entities’ Agreement contaminated counsel. for media. Deed(s) to property. Restrictive Legal description of Covenant property to be restricted. (MOARC) for Ports and Details about known Airports existing contamination. Construction Management Plan (for some agreements- this can also be handled in the body of the MOA) Title report. Constructive notice. Actual notice to holders of interest in the real property to be restricted. An agreement Interagency Signed Interagency Currently, the only such Agreement between agencies agreement that sets out agreement we have in place (DOT MOU is that controls framework for the IC this is the DOT MOU. – our only access to and is a complex document. DOT MOU is limited to current exposure/spread Proposal for a map note petroleum contamination – example) of contamination. developed with and only in DOT ROWs. Adding acceptable to DEP and other contaminants is DOT, includes a request currently being negotiated letter from DEP, summaries between DEP and DOT. of soil and groundwater data and surveys and other documents detailing contamination. Reference to map note to be recorded in County land records. Plans developed Land Management plan. These can only be enacted Management by DEP or on state owned lands. Statement from both the Plans for possibly other leasee and staff with DEP State Owned agencies for land DSL approving the control. Lands Lands owned and (currently controlled by the Board of state. Trustees lands only, see above for DOT). Delineated Areas that have Rule reference to the Currently delineated areas areas under been identified by specific part of 62-524 are limited to those areas 62-524 rule of the delineating the area already adopted by rule.
for Land Use Controls (MOALUC) or of Agreement for Restrictive Covenant (MOARC) for Ports and Airports entity with a high degree of control over access to the contaminated media. possible) – these are complex documents, generally developed between OGC and governmental entities’ counsel. Deed(s) to property. Legal description of property to be restricted. Details about known existing contamination. Construction Management Plan (for some agreements- this can also be handled in the body of the MOA) Title report. Constructive notice. Actual notice to holders of interest in the real property to be restricted. entities that have appropriate control over access to contaminated media within their jurisdiction. Interagency Agreement (DOT MOU is our only current example) An agreement between agencies that controls access to and exposure/spread of contamination. Signed Interagency agreement that sets out framework for the IC – this is a complex document. Proposal for a map note – developed with and acceptable to DEP and DOT, includes a request letter from DEP, summaries of soil and groundwater data and surveys and other documents detailing contamination. Reference to map note to be recorded in County land records. Currently, the only such agreement we have in place is the DOT MOU. DOT MOU is limited to petroleum contamination only in DOT ROWs. Adding other contaminants is currently being negotiated between DEP and DOT. Land Management Plans for State Owned Lands Lands (currently Board of Trustees lands only, see above for DOT). Plans developed by DEP or possibly other agencies for land owned and controlled by the state. Management plan. Statement from both the leasee and staff with DEP DSL approving the control. These can only be enacted on state owned lands. Delineated areas under 62-524 Areas that have been identified by rule of the Rule reference to the specific part of 62-524 delineating the area Currently delineated areas are limited to those areas already adopted by rule.
icpg_0.docx