An agreement Draft MOA (MOALUC, This type of IC is limited to of between a MOARC, other names governmental or Agreement governmental or possible) these are entities that – for Land Use complex documents, have appropriate control Controls generally developed over access to (MOALUC) entity with a high between OGC and contaminated media within or degree of control governmental entities’ their jurisdiction. over access to the counsel. of contaminated Deed(s) to property. Agreement media. Legal description of for property to be restricted. Restrictive Details about known Covenant existing contamination. (MOARC) for Construction Management Ports and Plan (for some agreements- Airports this can also be handled in the body of the MOA) Title report. Published notice. Mailed notice to holders of interest in the real property to be restricted. Interagency An agreement Signed Interagency Currently, the only such Agreement between agencies agreement that sets out agreement we have in place (DOT MOU that controls framework for the IC this is the DOT MOU. – is 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. Land Plans developed 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 owned and (currently controlled by the Board of state. Trustees lands only, see above for DOT).
of Agreement for Land Use Controls (MOALUC) or of Agreement for Restrictive Covenant (MOARC) for Ports and Airports An agreement between a governmental or entity with a high degree of control over access to the contaminated media. Draft MOA (MOALUC, MOARC, other names 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. Published notice. Mailed notice to holders of interest in the real property to be restricted. This type of IC is limited to governmental or 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 (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.
Att38-IC_Quick_Ref-082818_0.docx