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.
Department as contaminated, which are used to inform decisions by Water Management Districts (WMD) on well and consumptive use permits (CUP). Constructive notice Possibly title work to determine encumbrance holders for both source and non-source properties. This determination to be made on a case by case basis. Actual notice to any off-site property owners affected. Those include historic EDB sites, some superfund/CERCLA sites and a few miscellaneous sites. Since delineated areas target potable water well installations, may still need to consider whether there is a significant exposure risk if the contaminated GW is utilized or spread for non-potable uses. Municipal or County Zoning or Land Use DRIs, Development Orders, or Deed Notices Zoning classifications, land use categories, Development of Regional Impact Final Orders, development orders, or deed notices. These will all require various different components to form complete packages. All of them may be acceptable as part of a layered IC, but it is not likely that any of them can form the basis of an IC alone. Communicate with OGC early in the development of any closure plan that includes the use of these types of controls. Constructive notice These may provide some utility if layered along with other controls. Conservation Easements An easement given by the Property Owner for conservation purposes. Draft conservation easement and supporting documentation (much of this is similar to the supporting documentation required for a Restrictive Covenant, see the Conservation Easement handbook, SLER 1515 for specifics). Constructive notice This type of IC is recognized by statute, but may not be a good fit for controlling access to or spread of contamination. Requests to evaluate this type of IC should be forwarded to OGC early in the process of developing the IC.