HomeMy WebLinkAboutArmy Corps of Engineers/Right-of-Entry T'T`OFd DEPARTMENT OF THE ARMY 20irm.
4� 71 �y� CORPS OF ENGINEERS,OMAHA DISTRICT
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OMAHA NE 68102-4901
REPLY TO
S4:41E5°f' ATTENTION OF
December,2010
Real Estate Division
SUBJECT: Military Munitions Response Program, Site-AEDB-R#: WIHQ-003-R-01, Oshkosh Small Arms Range,
Oshkosh, Wisconsin
City of Oshkosh
Attn: Mr. Paul Greeninger
P.O. Box 1130
Oshkosh,WI 54903
920-236-5000
Mr. Greeninger:
The Department of Defense(DoD)established the Military Munitions Response Program(MMRP)under
the Defense Environmental Restoration Program(DERP)to address unexploded ordnance(UXO),discarded
military munitions(DMM) and munitions constituents (MC) located on current and former military installations.
The U.S.Army's inventory of closed,transferred and transferring(CTT)military ranges/sites was
completed in 2009 and the City of Oshkosh, Oshkosh Small Arms Range was eligible for Site Inspection(SI)under
the Army MMRP.
CH2M Hill is under contract to the U.S.Army Corps of Engineers,Omaha District,to conduct SI's on
public lands located at the City of Oshkosh, Wisconsin,Oshkosh Small Arms Range. EXIT"A" of the City of
Oshkosh is attached for your references. CH2M Hill will be performing a visual inspection of the site and collecting
surface soil samples as appropriate.The visual survey will be accompanied by hand-held metal detectors and GPS
units. The samples will be collected at the surface level,with penetration of less then 2 to 3 inches below the ground
surface using a disposable plastic spoon,approximately the equivalent of an ice cream scoop spoon.
All field work is anticipated to be completed by September,2012. Actual duration of the field work will be
no more than one week during the schedule time period.Following completion of the site inspection,the Corps will
provide the City of Oshkosh a copy of the site inspection report,together with the Corps determination as to whether
military munitions are present on the property and proposed future actions to address human and ecological risks, if
applicable.
Enclosed are three copies of a Right-of-Entry form which would allow the Corps and its contractor access \
to the above referenced public lands. Please sign two copies and return them in the enclosed post-paid envelope.
The third copy is for your records,pending receipt o a 1 y execu e. n•s -o -en. .y e .ie -. state
ITiv> ion. -
If you have questions regarding the on-site investigation,please contact Anna Hudson,Project Manager, at
(703)601-7785,email: amia.hudsonl@us.army.mil or MAJ.Kim Gage,(703)601-7984,email:
kim.eage@us.army.mil. If you have questions regarding the right-of-entry document,you may contact me Amanda
Crane at(402) 995-2837or email: Amanda.m.crane(ausace.army.mil. Thank you for your support in this effort.
•
Sincerely,
le y lI Cwn
Amanda Crane
Realty Specialist
Military Branch
Real Estate Division
Enclosures
DEPARTMENT OF THE ARMY
RIGHT-OF-ENTRY
FOR
Military Munitions Response Program (MMRP)
Site Inspection
Site-AEDB-R#: WHIQ-003-R-01
Project: Oshkosh Small Arms Range
Property I.D.#: Assessor Parcel Number(APN)-Winnebago's No.91511870000
The undersigned,herein referred to as the"Local Government," in consideration for the mutual benefits of the
work described below,hereby grants the UNITED STATES OF AMERICA,hereinafter called the"Federal
Government," a right-of-entry upon the following terms and conditions:
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1. The Local Government hereby grants to the Federal Government an irrevocable and assignable right to enter C+ a-c
in, on,over and across the land described below in 91511870000,for a period not to exceed twenty-four(24) G�nku5►1
months, commencing with the execution of the instrument by the Federal Government,and terminating with either Pa`kS
the completion of the inspection or the expiration of the twenty-four(24)month term,whichever should occur first
in time,for use by the Federal Government,its representatives, agents,contractors and assigns, as a work area for 1Yreckt
a Military Munitions Response Program(MMRP)Site Inspection,including the right to investigate, collect samples
and perform any other such work which may be necessary and incident to the Federal Government's use for the
investigation and response on said lands.
2. The Local Government also grants the right to enter and exit over and across any other lands of the Local
Government as necessary to use the described lands for the purposes referenced above.
3. If any action of the Federal Government's employees, agents,contractors or assigns,in the exercise of this
right-of-entry result in damage to the real property,the Federal Government shall, at its sole discretion, either
repair such damage or make an appropriate settlement with the Local Government. In no event shall such repair or
settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such
damage. The Federal Government's liability under this clause is subject to the availability of appropriations for
such payment,and nothing contained in this agreement may be considered as implying that Congress will at a later
date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any
rights the Local Government may have to make a claim under any applicable laws for any damages other than
those provided for herein.
4. The land affected by this right-of-entry is located in Oshkosh,Wisconsin,Winnebago County and is described
as follows: APN(s)91511870000,as shown on EXHIBIT"A" attached hereto.
Dated this ( day of F-�i^xs, ,20 a
Owner: THE UNITED STATES OF AMERICA
By:
For: Ci ty of Oshkosh,WI Lon Larson
Chief,Real Estate Division
Real Estate Contracting Officer
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Please Print Name J
Army National Guard Military Munitions Response Program Site Inspections
Oshkosh Small Arms Range
(ou, AEDBR#: WIHQ-003-R-01
, City of Oshkosh,Winnebago County,Wisconsin
`8" .„ Parcel#:91511870000
Parcel Map 1 of 1
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378638 378943
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.�` N�? -` Owner: City of Oshkosh
r it,. Parcel#: 91511870000
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Data Source:
MRS Parcel Transportation V cH2r1RHIL L Aerial:ESRI 2009
ESRI Streetmap 2006
' County Parcel Local Road Winnebago County 2010
Date September 2010
Projection WGS 1984 UTM Zone 16N
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