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HomeMy WebLinkAboutArmy Corps of Engineers/Right-of-Entry T'T`OFd DEPARTMENT OF THE ARMY 20irm. 4� 71 �y� CORPS OF ENGINEERS,OMAHA DISTRICT g / :�� +�/_ -, 1616 CAPITOL AVENUE,SUITE 9000 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: ` t.f4.1 72' hc`�r>utiv nce 4cfiu +r 1)e-3"iven 4 4, 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 /4/47,e L 4. i?a;.f u, j l� 4,-145 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 378028 378333 378638 378943 N w ■ 1 a a * � m r—' 1 R* • r ' , - , ' ea �' - +�' Mu dock Ave t_ it. 4•q r , , r t. - i it- .. , 4, w } !. *., ., ir e �, . 4 .0 . s : County Parcel .�` N�? -` Owner: City of Oshkosh r it,. Parcel#: 91511870000 s , 1.4 ., , / t. ..... . _._ ...._,.... _ .... ::. , ___ . .,.: Th...„. ...;., _ . ,..,_ _ ,._,,:._.. ....., • . .....4 ,.. ,,,, ..... ,. ....7 e New York Ave ,` Fr .. , • , , .. - _ - - -, 7,, F i i DQO li1%UfilQC beg 4, A py( tO n g■ x . r, 1,; a��" l�� k oa 600. 900 1 1„J Ya, 4 .;*1 i s-.0. 1, �i5i 3 r' ti _ ! nr:�. 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 - Ti.. ,1 , - _ u h A .,