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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• qz'�4' Oepul nt Hu6 Manager's Comments: (/'�• ?,� � �� JY, PJk Y .fi. Jad�-�n� Y ire Y"`"_"r_ �F� tH � City Mnnagn Associated Information: Order, Letter, Agreement, Findings of Fact Budget Approval:piv v ce War 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 ______________ _