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HomeMy WebLinkAbout1990-06-11 90-227 ORDERData 6-11190r1On Item No. 90-227
Item/Subject: Authorizing Execution of Right -of -Entry and Hold Harmless
Agreement: Defense Environmental Restoration Program -- BIA
Responsible Department: Legal
Commentary:
The O.S. Army Corps of Engineers has determined that certain low
level hazardous and toxic wastes and materials at Bangor Inter-
national Airport were left there by the previous occupant, the
U.S. military. The purpose of this Order is to authorize the
Corps to make an additional investigation and to r all
materials found on the premises within a 2 -year period•
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Manager's Comments: (/'�• ?,� � ��
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City Mnnagn
Associated Information: Order, Letter, Agreement, Findings of Fact
Budget Approval:piv
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Legal Approval:
City Sahara,
Introduced For
®Passage
❑ First Reading Page _o!_
❑ Referral
90-227
AwiPm1t0 CouncHar Blanchette, lune ll, 1990
CITY OF BANGOR
QQ�J �Ti10Tr Auth ri mg Enecution of Righ[ of Entry and Hold
Harmless Agreement: Defense Environmental Restoration Program
-- Bangor International Airport
BY the Gies Counw! of Bw City ofBanswr.
ORDERED,
THAT Peter R. D'Errico, Airport Manager, is hereby
authorized and directed, on behalf of the City of Bangor, to
execute a Right -of -Entry and Hbld Harmless Agreement, a copy
of which is on file in the office of the City Clerk, and to
take all additional necessary action fdr,purposes of permitting
the U.B. Army Corps of Engineers to investigate possible
location of hazardous materials once used by the military and,
abandoned in place at Bangor International Airport, and to
burn, bury or remove said materials.
90-227
IN CITY COUNCIL 0 PDE R
June 11, 190
Title,
Authorizing Execution of Right -of Entry and
................. 4.... 4..............
CI CLERK Hold Harmless Agreement: Defense Environmental
Airport
Rest�o/r6a(�4/�l�R,.PidRBSam,gryn&R[ 194419§41om1
Aasigned to
... ..1 (.N.e'.. ................
Councilman
DEPARTMENT OF THE ARMY 90-227
NON ENGLAND DIVISION, COPPS OF ENGINEERS
424 TDAPELO ROAD
O WALTHAM. MASSACHUSEM 022519/49
May 25, 1990
Real Estate Directorate
Conveyancing Division
Peter R. D'Errico
Airport Manager
Bangor international Airport
287 Godfrey Blvd.
Bangor, ME 04401
Re: Defense Environmental Restoration
Program (DERP), Former Dow PER,
Bangor, Maine, Project No..
D01ME000400
Dear Mr. D'Errico:
The above -referenced former military facility has been
valuated for environmental remediation under DEBT. A
project has been approved for the removal of underground fuel
storage tanks, transformers and regulators. Enclosed for
your records 4s a copy of the signed Findings and
Determination of Eligibility (FDE) which describes the
project in greater detail. It is Pointed out, however, that
subsequent investigations have changed the number of tanks,
transformers and regulators to be removed from the figures
indicated in the EDE.
In order for us to evaluate and perform the proposal
project it will be necessary for us to obtain a right -of -
entry to enter upon the property. Enclosed in triplicate is
a right -of -entry form. it is requested that an authorized
official of the city sign and date all three copies in the
space provided and that the Certificate of Clerk be
completed. All three copies should then be returned to this
office for execution on behalf of the Government. A fully
executed copy will be provided to you thereafter.
Any questions you have may be directed to me at the
above address or you may call Mr. Robert Batt at (617) 647-
8590.
sincerely,
R chard T. c
Director, R al
tate
Enclosures
_ 90-22]
DEFENSE ENVIRONMENTAL RESTORATION PROGRAM
FOR FORMERLY USED SITE
FINDINGS AND DETERMINATION OF ELIGIBILITY
BANGOR INTERNATIONAL AIRPORT
(DOW AIR FORCE BASE)
BANGOR, MAINE
PROSECT NO. DOIME0004000
FINDINGS OF FACT
1. A low level hazardous and toxic waste removal project is
proposed at the former Dow Air Force Base, located in Bangor,
Maine. The project consists of sampling and testing the contents
of 13 underground storage tanks and 210 transformers and
regulators, removal and disposal of the tanks and transformers
and regulators and their contents, testing and possible removal
of soil under the tanks and transformers and regulators, and
backfilling disturbed areas. The tanks and transformers and
regulators are potential sources of environmental contaminants.
2. Initial preparation of the municipal airfield in Bangor, to
support the World War II effort, began early in 1940 through a
lease arrangement with the City of Bangor to construct facilities
for the 43rd Bombardment Group. The installation was officially
designated the Dow Army Airfield in 1942. Acquisition of the site
by the U.S. began in 1943 and was by condemnation and direct pur-
chase. The initial taking consisted of a 750 acre area, contain-
ing the airfield, obtained from the City Of Bangor. The transfer
document contained a clause reverting ownership back to the city
when the Government no longer needed it for military purposes.
Additional acquisitions were made during the subsequent period of
military ownership. This report addresses the portion of the site
which was transferred to the City of Bangor after the base was
declared excess in 1968.
3. The site was used by the Amy Air Corps during World War II as
a point of embarkation and debarkation.for planes flying to and
from Europe. During the war, it s
t also used a5 a prisoner of
war camp. The airfield was remained DOW Air Force Base (AFB) in
1947. The base was deactivated in 1949 and was returned to the
City of Bangor under a license agreement. Dow AFH was reactivated
n 1951 and its u e included the Strategic Air Command, the Tac-
tical Air Commands and the Air Defense Command. Improvements in-
cluded runways, taxiways, passenger terminals, aircraft hangars,
maintenance buildings, fuel storage facilities, and utility
lines.
4. Dow AFB was declared excess- in 1964 and was reported to the
General Services Administration for disposal when military opera-
tions ceased in 1968. The main base was reported as having 2,091
acres fee as well as easements and other lesser interests. By
PROJECT NO. D01ME000400
deed dated 18 December 1968, 1,590 acres fee and extensive ease-
ment
-
ment areas w conveyed to the City of Bangor. Included in this
transfer were all of the runways and flightline facilities. The
deed restricted use to public airport purposes and contained a
capture clause. The deed also contained a clause requiring the
grantee to maintain the land and improvements for the use and
benefit of the public as an airport. There was
restoration
provision regarding land previously owned in fee. The remaining
e
500 a of the main base was retained by the Air Force at the
time of base closure. Active Air Force elements use 276 acres and
the Maine Air and Army National Guard units currently use 224 -
acres.
5. The project site is used by the City of Bangor for a municipal
airport. The City has requested that the transformers,
regulators, and underground tanks be removed. During the inspec-
tion of the site, several transformers were observed to be leak-
ing. The owner reported that an oily film appears on the ground
above the underground tanks when it rains. The City has not used
the transformers, regulators, or underground tanks. All other
Department of Defense (DOD) improvements are being used. Sampling
and testing of the contents of the transformers, regulators, and
underground tanks will be performed at the time of removal. A
report addressing abandoned military dump sites with suspected
hazardous and toxic waste contamination is also being submitted
for this site. An Installation Restoration Program study is being
performed over the areas controlled by the Maine National Guard
and the Air Force.
DETEM41NATION
Based on the foregoing findings of fact, the site has been deter-
mined to have been formerly used by DOD. Moreover, it is deter-
mined that an environmental restoration project, to the extent
set out herein, is an appropriate undertaking within the purview
of the Defense Environmental Restoration Program, established un-
der 10 U.S.C. 2701 at seg., for the re ohs stated above.
io CJ �C% PCZ,
Date LI OYD A. DUSCIIA, P.E.
Deputy Director
Directorate of Engineering
and Construction
OeC-
90-227
No. DERA-76
RIGHT -OF -ENTRY AND HOLD HARMLESS AGREEMENT
The undersigned, hereinafter called the 'Owner'. In
consideration of the azziatance and advantages to be derived
by the Owner, does hereby grant to the United States of
America, hereinafter called 'Government', a permit or right -
of -entry upon the following terms and conditions:
1. The Owner of said o es hereby grants to the
Government o its contractors an cable right to enter
upon the lands hereinafter described at any time within a
period of two (2) years from the date of this instrument, for
the following purposes: (a) to zurvey, make test borings,
and carry out such ether exploratory work ase
may be necessary
to complete the investigation being made of said lands by the
government: and (b) to burn, bury orremove r
debris c other
materials once used by the military andabandoned inplace.
2. The permit included the right of ingre¢s and egress
on other lands of the Owners not described below, provided
such ingress and egress is nceasary and not otherwise
conveniently available to theGovernment.
3. All tools equiom nt, buildings imnrovementg, and
other property taken upon or placed upon the land by the
Government shall remain
n the property of the Government and
o
may be removed by theGovernment at any time within a
reasonable period after the expiration of this permit or
right -of -entry.
4. The Government shall have the right to patrol and
police the lands hereinafter described during the period of
this permit or right -of -entry.
5. The United States shall not be responsible for, and
the Owner shall hold the Government harmless from claims for,
damages to property or injuries to persons which may arise
from or be incident to the uie and occupation of said
premise¢, except where such damages c are due to
r
the fault o negligence of the Government.urUponcompletion
of the workidentified in this Agreement, the Government
shall not be responsible for any further restoration
activities at these premises.
B. The land affected by this permit or right -of -entry
is located In the State of Maine, and is described a
follows: That portion of the former Dow Air Force Base
owned by the City of Bangor. Maine.
WITNESS MY HAND AND SEAL this ________ day of June
----------
1990
CITY OF BANGOR, MAINE
BY:
Typed Name: Peter R. D'Eiiico
Title: Airport Manager
UNITED STATES OF AMERICA
By. ---------------------------------
RICHARD T. BOGACZY£
Director of Real Estate
U. S. Army Corps of Engineers
New England Division
424 Trapelc Road
Waltham, Massachusetts 02254-9149
(814) 847-8580
CERTIFICATE OF CLERK
I, _
______R_u_s_a_e_111 S McKenna certify that I am
the Clerk of the City of Bangor, Maine, the entity which
executed the foregoing instrument with the United States of
America; that the seal affixed to said instrument iz the seal
of said City; that .... Peter _R_.D_'_E_r_r_i_c_o_...................
who executed said instrument as __ A3Qort Aqnitqer-------- of
the City, was then ___ _ ___ of the City and
has been duly authorized to execute said instrument on behalf
of said City, that I know the Signature of Said
___ Peter R_ D'Errico------------- ; and that the Signature
affixed to such instrument is genuine.
iN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Bangor, this
day of June, 19_ 9Q
By:
Typed Name: __ Russell J. McKenna
Title: ___ Cit
x Clerk ______________ _