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HomeMy WebLinkAboutNew Savannah Bluff Lock and Dam Augusta Richmond GA DOCUMENT NAME: ffi 6 UJ '3 ~ V A tJAJA 1-1- ~l..U P f- L3'C j.< 1\ uC bf\r"\ DOCUMENTTYPE:A')R.~ejV) ett-JI , . YEAR: 1 Cl9 ~r BOX NUMBER: Le FILE NUMBER: /4 b q ~ NUMBER OF PAGES: &D . ! .. .' '" " " l' ,1 1 I SUPP~EMENTAL AGREEMENT NO. 2 TO LEASE NO. DACW21-1-95-1237 NEW SAVANNAH BLUFF LOCK AND DAM J. STROM THURMOND PROJECT THIS SUPPLEMENTAL AGREEMENT NO.2, made and entered into by and between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and RICHMOND COUNTY, GEORGIA, hereinafter referred to as the Lessee. -WITNESSETH- WHEREAS, on 1 May 1995, the Secretary granted unto Lessee a lease for public park and recreational purposes, for a term of five (5) years beginning 1 May 1995 and ending 30 April 2000; and ,WHEREAS, on 11 March 1997, the lease was amended by Supplemental Agreement No. 1 to include an area for the purpose of installing a mobile home to house a resident caretaker; and 'WHEREAS, parties d~sire to amend this lease to ,extend the term and add the navigation lock and three vacant buildings in the fenced caretaker's area to the leased premises; and 'WHEREAS, parties hereto also desire to make certain administrati ve revisions to the exhibits 'included herein and add new lease conditions; and NOW, THEREFORE, for and in consideration of the premi~es and other good and_sufficient considerations, the parties hereto do mutually convenant and agree that effedj:ive as of midnight 8th day of December 1998, said lease is amended in the following respects and in these particulars only: 1. Delete the granting clause in its entirety as shown on the original lease and ~upplemental Agreement No. 1 and substitute in lieu thereof new granting clause as follows: "'\ -i' -I"' '1 l' j i' LEASE NO. DACW21-1-95-1237 That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth hereby leases to the Lessee, the property identified on Exhibit "A-1U, being approximately 50 acres, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. 2. That said navigational lock is included in the leased premises pursuant to a Memorandum of Agreement entered into on 10 October 1997, by and between the Department of the Army, acting by and through the District Engineer, U.S. Army Corps of Engineers, Savannah District, and Lessee, acting by and through the Mayor of the Augusta- , Richmond County Commission, attached hereto as new Exhibit "FU and made a part hereof. 3. In Condition No. ,1 delete the words "for a term of five years, beginning 1 May 1995 and ending 30 April 2000u and substitute in lieu thereof the words "for a term of an additional ten (10) years from the date of execution of this instrument and ending on 7 December 2008.u 4. Delete Condition No. 24a in its entirety and substitute in lieu thereof the following: "24. PROHIBITED USES a. The Lessee shall not permit gambling on the premises. Specifically prohibited are the use of ,gambling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from th~ family atmosphere. District Commanders may allow the sale of state lotte~y tickets, in accordance with state and local laws and regul.ations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity, 'of the Lesse:~; The Lessee shall not install or operate, or permit to be:. installed or operated thereon, any device which is ,illegal; or use the premises or permit them to be used for any ~~legal business or purpose. There shall-not be conducted on or permitted upon premises any activity which would 80nstitute a nuisance.u 4, In Condition No. 28 renumber the present paragraph as "a.~ and add the following new paragraph b.: 2 '~ 'i' 'T 'f '1 ' , I LEASE NO. DACW21-1-95-1237 "28. PRELIMINARY ASSESSMENT SCREENING b. CERCLA Notice. The information contained in this notice is required under the authority of regulations promulgated under Title 42, United states Code, Section 9620(h). The Secretary has made a complete search of its records concerning the property subject to this lease. Those records indicate that the following hazardous substances have been stored for one year or more (S), released (R), or disposed of (D) on the premises: INCIDENT SUBSTANCE QUANTITY ASRN SYNONYM RCRA# DATE SiR SHOP BU::LDING VINYL PAINT PRIMER 3759 Ibs, N/A PAINT DOOl 4/19/93 S' SHOP BU::LDING VINYL PAINT 2600 Ibs. N/A PAINT DOOl 4/19/93 S LOCK HYDRAULIC FLUID 200 gal. N/A N/A N/A 7/6/98 R LOCK HYDRAULIC FLUID 200 gal. N/A N/A N/A 8/25/98 R The lessee should consult the attached PAS, Exhibit D-2 for more details." ,5. Add the following new Condition No. 35: "35. REQUIREMENTS AND LOCK OPERATING PROCEDURES FOR ANADROMOUSFISH PASSAGE a. The City of Augusta, Georgia agrees to operate the lock's gates and flood waters to allow for upstream and downstream migration of anadromous fish. Fish passage proc~~ures will require approximately 30 to 50 lock cycles lastVng approximately 50 minutes each during the period 15 March to 15 June annually. The majority of the lock cycles will be necessary within a two to three week period during the dates cited above. The maximum number of locks during a 24-hour period is estimated to be five. U.S. Fish and Wildlife Service (USFWS) biologists will determine when lock cycles for fish passage should begin and end. USFWS will provide at least three days notice to the City of Augusta prior to the date in which lock cycles are to begin. Lock cycles for fish passage will not be required on the weekep.ds. I , 3 i' 7 ;, LEASE NO. DACW21-1-95-1237 b. LOCK OPERATING PROCEDURES (1) Lower water to downstream level in lock and open downstream river wall gate. Next fully open river wall flood valves. Maintain this status for 20 minutes. (2) Close flood valves and close lower gate. Flood lock to upstream level. Open both upstream gates. Open both river and land wall drain valves halfway. Maintain this cycle for 20 minutes. (3) This completes one cycle and takes about 50 minutes." 6. In Condition No.5 delete the words "implementing Plan of Recreation Development and Management attached as Exhibit "B" and substitute in lieu thereof the words "implementing Plan of Recreation Development and Management attached as Exhibit "A-1". 7. Delete Exhibit A and Exhibit B and substitute in lieu thereof new Exhibit A-I, attached hereto and made a part hereof. 8. In Condition No. 8b delete the words "as Exhibit "C" and substitute in lieu thereof the words "as Exhibit "C" and Exhibit "C-1". Add new Exhibit C-1,attached hereto and made a part hereof. 9. In Condition No. 28 delete the words "as Exhibit "D" and Exhibit "E" and substitute in lieu thereof the words "as Exhibit "D", Exhibit "D-1", and Exhibit "D-2". Delete Exhibit E and substitute in lieu thereof new Exhibits D-1 and D-2, attached hereto and made a part hereof. 10. All other terms and conditions of this lease shall remain unchanged. 4 T . , LEASE NO. DACW21-1-95-1237 IN WITNESS WHEREOF, I have hereunto set my hand by authori ty of the Secretary of the Army this !/-h day of Ael1lhcr , 1998. Signed and sealed presence f: , ~~~ AGREEMENT NO. 2 is also executed by i.fA day of De celn/Jer , 1998. AUGUSTA-RICHMOND COUNTY RECREATION AND PARKS DEPARTMENT 5 ~-. 'r '.. LEASE NO. DAcW21-1-95-1237 CERTIFICATE OF AUTHORITY I, Lena J. Bonner (Name), certify that I am the Clerk of Commission (Title) of Augusta-Richmond countyR~t~afld Pfrl'kg Department, do hereby certify that Larry E. Sconyers (Name) who signed the foregoing instrument on behalf of the Lessee was then Mayor (Title) of Augusta-~ond COlmtY'..1~ecrea.tion and p!lrh Depllrtmp.nL I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the Lessee in executing said instrument. This 10th day of December, 1998. dttJb2:c/~ HORIZ G OFFICIAL Clerk of Commission TITLE " ,-. ~1~\~~,"-;-, . -,- ; UOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY -J' I' (ER 405-1. 12) , INSTRUCTIONS . 1. "consid'!red necessary. use a separate ENG Form and interior details of buildings; service facilities; inventory of machinery and equipment; 3143a for each ro~m sumeyed. miscellaneous items and general remarks not otherwise covered in section II of this form or on ENG Form 3143a. ? 2. Additionnl sheets may be attached for physical characteristics of land and buildings: exterior ADDED INSTRUCTIONS rOverpnnt" if desired) SECTION I. PROPERTY DATA AND CONDITION AGREEMENT OA TE OF SURVEY I ~EASE NO. LEASE COMMENCEMENT DATE IDATE POSSESSION TAKEN 20 Oct 98 DACW21-1-9S-1237 ACTIVITY TOT AllEASEO BUILDING AREA rSquam feel) Operation 2500 DESCRIPTION AND LOCATION OF PROPERTY The New Savannah Bluff Lock and Dam is a concrete and steel structure that consists of the lock chamber and the operator's office. See Exhibits 1,2,3,4, and 5. The lock chamber is 360 feet long by 56 feet wide and has recently undergone renovation. The operator's office is a two level building with stairs leading to the roof. The Lock and Dam is lo,:ated on the Savannah River, River Mile 187.5, off of New Savannah Road, near Bush Field Airport, South of Augusta, Richmond County, Georgia. . - -' JOINT AGREEMENT ON THE CONDITION OF THE PROPERTY We, the undersigned, jointly made a survey and inspection of the condition of the property mentioned above. We agree that as of the date of survey, the condition of the property is as described herein. THE CONOITION Olf THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE SIDE OF THIS FORM, ROOM I~O' OF ATTACHMENTS CONDITIONS ARE INDICATED ON ATTACHED ENG FORM 3143A. NAME AND SIGNATURE OF OWNER 0 LESSOR/LESSE AGENT 0 NAME. TITLE. ANO SIGNATURE OF U,S, GOVERNMENT REPRESENT A TIVE JOanieSmith~ i~d/~%~c6- Travis G. Hughes, Park Ranger Augusta-Ric ond County Recreation and Parks ~artment Shoreline Section /..l;--- j?"e-/c/ t"f ~(V/~- . t:Jr '/-' . Leo y.r 7"............. ""c.-'/ ;7;z. ,4~'-r ~ Ir~ c:::::. k?.r.e' #/arlC?/~ r- AODRESS ORGANIZATION 2027 Lumpkin Road, P,O. Box 5596 U.S. Army Corps of Engineers, Augusta,GA 30916-5596 J. Strom Thurmond Project, Savannah District ENG FORM 3143,1 Jun 60 (Pnl1JlllllI1t CERE,AI EXHIBIT C-l SECTION II- EXTERIOR CONDITI'ON OF THE. PROPERTY (Attach sheet for added ;rems.) ROOF, EAVES, DOWNSPOUTS, ETC. " Roof of operator's building is concrete and pitch. Roof is in good condition with no visable leaks or damage. See Exhibit 5. , , ~~.- '\ '. I::' i.}~' -;' WALLS Interior walls are in good condition. Paint looks good and there is no visable damage. See Exhibit 2. Exterior walls are in fair condition, There is some visable cracking and weathering. See Exhibit 3. WINDOWS AND DOORS (Include storm windows and doors) Windows and doors are in good condition. No broken windows, doors locking mechanisms are oPeration~. FENCING Fencing and rails are in good condition. LAWN, SHRUBBERY, TREES AND PERENNIALS N/A WALKS AND DRIVEWAYS Walkways and floors are in good condition. , -~ GARAGE AND OUT BUILDINGS ENTRANCES, ELEVATORS AND PATIOS Entrances and stairways are in good condition. SEWAGE Facilities are not operational. Section of the restroom floor has an access area covered with a peice of wood. The wood has the potential to be a safety hazard as it gives way under weight Recommend piece of wood in restroom be replaced and the section of the floor secured. REMARKS (Include questioned or disputed items. repairs to be made, etc. Attach sheet, if necessary.) Located on the first floor of the operator's building is a 200 gallon oil resevoir and lO-five gallon containers oflubriant. The remote computer for the dam is also on this level. Located on the second floor is a 500 gallon oil resevoir and lock operating equipment. , Located adjacent to the operator's building is a 800 gallon 'lube cube' secondary oil containment unit. On the upstream arm of the lock there are two water monitoring stations, ?> '-.,. '; }. i, 'i '.- 'i' New Savannah BlutfLock & Dam: Downstream Lock '~ I, NSBL&D: UpstreamLock '. Joint Survey Inspection, New Savannah BIutTLock & Dam.. 23 January 1998 Exhibit 1 t , t ;' \ ' I I ' , ,I 11 (: , .' I { I " . \ i I I! t" . II'" 'j " 1'1 t t,', ill'." ." .. t ~ -: t ~'~. ;i tl'( iI' , . 1; Ill; t'll( r IiI: . Hit! t . tt I ~ '111: I! j . ~ ~ : : " .4' Ill: "I( , I' , i' II ' h pili ~;I ,. j #,1'.1"", 111.';",;, I J , " , f , " S , ~,' f ,I d r f II ,1/." ,,1' pt"I", ,."", '.d' ;~ :J. ,'~ f;11~'~- ::j I ..,,'... ~q : :;h "'. t .,' 'L1 i "j , .i.,~- 'F t ,',; ~ "~.;.~..- ~ j ~ .~. ~ : ';J.; , lil<; :j ~~ I J~ ~. . I }~1Y ;: , , rl , 1",0.::::-" ',,' 'i\' ;)';;'i~~:.', ftr, I,', I' '11' " : 1.11-. \~ I I;,,:, ,1l. ., :~ll\L;; , Ht'i. ''1.'" ,'IL": ' ill: I;: IltL'; , ~U~L:.1....,,,.-,.. . ::::~:~w /.'.:'ppl, : I' 1,,1i t \ l fll' ,111111 fpllll ,111',., ,II j f,11 : t Illjlll, ", ill, f,ll"" >"" !"".'.',"'.,., he., , ' Building, 1 ~. Floor ,. . NSBL&D: Building, 2nd Floor r ~ ~. ~ , !;;! ~ y~j1 l~- Joint Survey Inspection, New Savannah BlutTLock & Dam. 23 January 1998 Exhibit 2 .' ~ !. c. 'j' .. I NSBL&D: Building, upstream side I:~:~~~~.--'~~.:~:::~-:-::':~~;~~~;'::::::;:T~~~~:'=~: :%,i~ . ~' / '. ,I o , . . ' .. . i' ! I NSBL&D: Building, side view ",- '-..-. ~'.,j S( : '~.-<;..... , \ ' f- '~ ~....;..~.. !~f~~:='t;~~;;~ [ Joint Survey Inspection. New Savannah Bluff Lock & Dam, 23 January 1998 Exhibit 3 I NSBL&'D' Ga " , tes, upstream ..'. .. ; j{:f!ifA~-:;'- ,~;~~<:::::~;";:0~;{:.:';;: I NSBL&D: S , tructure, d ownstream view I ~~.~ : II ~.. Joint Surve I .... Y nspection N . l ew Savannah Bt ff E .' u Lock & D ~ xhlblt 4 am. 2" January 1998 ',' NSBL&D: Building, Top level I NSBL&D: Across Dam, Top level Joint Survey Inspection, New Savannah BlutTLock & Dam, 23 January 1998 Exhibit 5 ". l~~'~'''''--:w ..~T :1::--:-.':.-'. ".-. -.:. -..:....,---: --- ."-.~ . \;'i JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT lEASED' PROPERTY INSTRUCTIONS 1. If considered necessary, use a separate ENG form 3143a for each room surveyed. ' 2. Additional sheets may be attached for physical characteristics of land and buildings; exterior and interior details of buildings; service facilities; inventory of machinery and equipment; miscellaneou.l items and general remarks not otherwise covered in section II of this form or on ENG Form 3143a. ADDEO INSTRUCTilONS (Ovtrprint. il dtsirtti) DATE OF SURVEY 29 Septenber 1997 SECTION I-PROPERTY DATA AND CONDITION AGREEMENT LEASE NO. LEASE COMMENCEMENT DATE DACW21-1-95-1237 DATE POSSESSION TAKEN ACTIVITY' Storage DESCRIPTION ANI) LOCATION OF PROPERTY TOTAL LEASED BUILDING AREA (Sqi"m Illt) (80.7'X40.7W) 3284.49 square feet Sheet Metal SOOp auilding with a Pitched Roof and' Several Windows (See Photo #11). Contains a Washrtxnt, Restrocm, and Back Storage Rocm.' , ' Also has a OOIlerete floor. lDca.tion: New Savannah Bluff Lock and Dam Park. Inside Fenced Coop:xmd Area Across fran Caretaker Trailer. JOINT AGREEMENT ON THE CONDITION OF THE PROPERTY Wt, th,! un'dersigntd, jointly madt a survty and inspection of the condition I)f the property mentinned abol/e. We agree that as of the date iif su,'llty. tht condition of the property is as dtscribtd herein. i " THE CONDJnON elF THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE SIDE OF THIS FORM. ROOM CONDITIONS NO. OF ATTACHMENTS ARE INDICATED O~I ATTACHED ENG FORM 314310., ADDA~ ~ '" /2~oI -Pt). k ~ ENG FORM 3143 I JUN 60 NAME AND SIGNATURE OF 0 OWNER ~.LESSOR/LESSEE D AGENT . ~ +-' i...j- , ,~' H~ . 9~~ ltJ-;!;0rod"~p. ~tf)J>.;f ~() ?4h' NAME, TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTAnVE L. Brent Watkins Park Ran '. ,1 .' SECTION ii-EXTERIOR CONDITION OF THE PROPERTY (At"'ch shut for add.d iums.) ROOF, EAVES, DOWNSPOUTS, ETC. . Roof arxl Eaves are in good corrlition. Appears to be a leak in the roof in the ~throcm area . There 'was water present on the floor. WALLS All walls are in good condition. There are three (3) water' tanks on the. wall. WINDOWS AND DOORS (Includ. storm windows and .wors) There are nine~. (9) large windows and three~ (3) small windows on left side, of: building. One of the large windoWs is broken (Photo #12). There are twO (2,) win daws in the rear of the building. Both are broken out (Photos #9/10)., 'lliere ,are 12 windows on right side of building. All are in good condition. FENCING N/A - LAWN, SHRUBBERY, TREES AND PERENNIALS N/A WALKS AND DRIVEWAYS N/A GARAGE AND OUT BUILDINGS N/A . - -, ENTRANCES. ELEVATORS AND PATIOS All entrances are in good condition. - . , SEWAGE There is a restrocm and a wash roan within the shop building. However, neither wal; functioning at the time of the survey. The bathrocm floor was wet due to a leak in the roof. " REMARKS (Indud. qu..tio".d or disput.tI illm.. rtpair. to b. mad., .te. Attach sh.... if ""'114'7.) There are several items loCated in the shop building which belong to the Co~ of Engineers and needs to be :raroved. 'Ihese i terns ,should be :raroved as soon / possible. J I(~~ ~ J~ JrembyJ - ID~y'7/ k( GPO: tin 0'-14....... .' " " 1,' ,; 1)2.'/'1 ~II'" New ~A~,......J B/II# S4.cd ~.f.; Ali'~~ :j' I i# Ie> Jh tAJ s;.".,,".A 3/_.{:/' j~t.1 Ht'" Jh, 'A/Nt"'#- , I I I !~ /z,,- N~MJ $4uA,,,,.A BlleH $4<<1 At t4I 5L.; &;/~" ;, . New Savannah Bluff Lock and Dam - Augusta, Georgia ~':r!~~. ..,r"'.'.' . ... .,..........;. ~'. ~~,:, ... .~ \.%" I Shop & Equipment Shed Shop (left), equipment shed (middle), 2-door white brick garage (right) '.. '.- '" Shop (left), Equipment shed (right) Equipment shed (wi small covered storage rack between equipment shed & tree) Small storage rack beside equipment shed :,'J. (7"'"- . ", ~"~'. ..~- .-...._..~. - " '.1 .- '" JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY INSTRUCTIONS I. If considered necessary, use a separate ENG Form 3143a for each room surveyed. ' 2. Additional sheers may be attached for physical characteristics of land and buiJ:dings; exterior and imerior details of buildings; service faciliries; invenlory of machinery and equipment; miscellaneous hems and general remarks not olherwise covered in section II of this form or on ENG Form 3143a. ADDED INSTRUCnONS (Ov.rprinl. if d.sir.d) 'DATE OF SURVE'I 29. Sept.. 1997 SECTION I-PROPERTY DATA AND CONDITION AGREEMENT lEASE NO. lEASE COMMENCEMENT DATE DACW21-1-95-1237 DATE POSSESSION TAKEN ACTIVITY' 1311; "';ng used for storage DESCRIPTION A"ID LoCATION OF PROPERTY TOTAL lEASED BUILDING AREA (Sqium f'd) 744.8 square feet Sheet Me1:al RIl; 1ni11g on a Wooden Fr:are., No Windows. Pitched Roof. (See Pho1:os #6/7) Also haB-,a concrete floor. Location:: New Savannah Bluff Lock and Dam Park. Inside Fenced Crn{)OUIld Area Across .- fran' Can~taker Trailer. " JOINT AGREEMENT ON THE CONDITION OF THE PROPERTY w~. I,h~ un'd~rsign~d. jointly mad~ a surv~y and inspection of th~ condition of th~ prop~rty mmtion~d abov~. We agre~ that as of the date of survey. the condition of the property is as described h~r~in. THE CONDlnON ~~f THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE SIDE Of THIS fORM. ROOM CONDITIONS NO. OF ATTACHMENTS ....RE INDICATED Otl ....TT....CHED ENG FORM 3U3...., NAME AND SIGNATURE OF DOWNER ,1Ja LESSOR/LESSEE D AGENT NAME, TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTATIVE ~J " SECTION ii-EXTERIOR CONDITION OF THE PROPERTY (Attach shut 1M addlll it.ms.) ROOF, EAVES, DOWNSPOUTS, ETC. . There is SCIre roof daffige on the left rear of' the. blli liting (see photo #6). A::,l.aJ:~1 hole is present where the,'sheet netal has been ramved. possibly due to stcmn dinal WALLS There is danage to the rear wall of the bniliting. A~4'X3'1/2" hole is present. b!Ii has been patched with plywood (see photo #5). WINDOWS AND DOORS (Ine/utl. storm windows anti doors) Only one wi.ndow- in blli lcHng. It is in good. coOOitian. FENCING N/A LAWN, SHRUBBERY, TREES AND PERENNIALS N/A WALKS AND DRIVEWAYS N/A '" GARAGE AND OUT BUILDINGS N/A . - " ENTRANCES, ELEVATORS AND PATIOS N/A - SEWAGE No restrocm or sewage in this bllilning. .. REMARKS One/uti. qu,stion,tI or tlisput.tI items, rtpairs to b, Inatl., .1(, Attach shttt. il ntctSStlry.) e ge. t GPO . .11' 0' .........1 11-' - H~ ItI .fl~ "611~4 '8114. . I I 41' - He fill $.. .,........< B_ sucl Hc,IJ r.,~~ 0'1 .....' ,Slte!.:1 IVc.IJ &t'~if ... 4iMJ ,--.",. Jft~ F "'''' t. ~I -1/ew S'''6..~ .1,,#... , .JAMI I'fI:IJ 11.. ,-1"'" - ... r,.....c. I I I ! i , i ',;' .' '/2' /-" I "'(,-IIf.1II s.......A ".#.. J 1$,,-,1 Mel.l 6_/JIt~~ _ ... I '. /V&.r t.. . '" New Savannah Bluff Lock and Dam - Augusta, Georgia ,~::;.l.~.,;,~~. ~"'-"" ~""''''''~>' ~"" ~!".;..~.' '" ''lIl ... I Shop & Equipment Shed Shop (left), equipment shed (middle), 2-door white brick garage (right) ..-. Shop (left), Equipment shed (right) Equipment shed (wi small covered storage rack between equipment shed & tree) Small storage rack beside equipment shed '. " '. '., r.r-:-:--.-.'.- .. .......-.. " -./ .. " JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY INSTRUCTIONS I. If considered necessary, use a separate ENG Form 3143a for each room surveyed, ' 2, Addition.1 sheets may be attached for physical characteristics of land and buildings; exterior and interior details of buildings; service facilities; inventory of machinery and equipment; miscellaneous items and general remarks not otherwise covered in section II of this form or on ENG Form 3143a. ADDED INSTRUCT,IONS (Ov.rprinl, i[ d"imij DATE Of SURVEY 29 September 1997 ACTIVITY' Storage DESCRIPTION ANI) LOCATION Of PROPERTY SECTION I-PROPERTY DATA AND CONDITION AGREEMENT lEASE NO. lEASE COMMENCEMENT DATE DACW21-1-95-1237 DATE POSSESSION TAKEN TOTAL LEASED BUILDING AREA (SqUar. [ttl) 1216 square feet Two-O:x>r White Brick Garage With a Pitched Roof and Asphalt Shingles. Consists of Two (2) Roars. (See Phots #3/4) ~so has a concrete floor~ ' Lc.cation: New Savannah Bluff lock and Dan Park. Inside Fenced Crn1pound Area Across, Fran Caretaker Site. JOINT AGREEMENT ON THE CONDITION OF THE PROPERTY We, th:! un'd~rsigned, jointly mad. a surv.y and inrpeclion of Ihe ~ondition of Ihe property menlioned above. We agree that as of the date of survey. Ihe ~ondition of the property is as described h.rein. THE CONDITION ClF THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE SIDE OF THIS fORM. ROOM CONDITIONS NO. Of AlTACHMENTS ARE INDICATED O~I ATTACHED ENG FORM 3U3A, [Xl LESSOR/LESSEE, NAME, TITLE. AND SIGNATURE Of U.S. GOVERNMENT REPRESENTATIVE L. Brent Watkins Park. Ranger of ~ r~ ., <. ; , - , SECTION II-EXTERIOR CONDITION OF THE PROPERTY (A/l4eh shut for aJd.d iUms.) '. , , ROOF, EAVES, DOWNSPOUTS. ETC. . Roof is in satisfactory shape at this tine, but will need repair in the future. Sare portions of the eaves are rotten and need to be, replaced (See Photo #1). ' WALLS Walls in good shape. No signs of deterioration. WINDOWS AND DOORS (lne/ud. storm windows and doors) Windows in goal shape. No signs of any windows being broken out. FENCING MIA LAWN, SHRUBBERY, TREES AND PERENNIALS N/A , WALKS AND DRIVEWAYS MIA - GARAGE AND OUT BUILDINGS MIA ENTRANCES, ELEVATORS AND PATIOS All entrances are in goal condition. - SEWAGE No sewage to building. REMARKS (lne/ud. qu<s/ion.d or dispu/.tI iUms. r.pairs /0 b. mad.. ./C. A/l4eb sbu/. if n,,<ssary.) Back storage roan has shelves lining the walls and two large cabinets (See Photos #2/9. The shelves and cabinets are full of nuts, bolts, and other equipnent for the lock and dam. The equiptent is very old. Much is no longer usable. Buildin ~ in good condition. Only minor repair needed to the eaves. GPO: I'" 0'-1......15 is, ~ . .-.' - .. . ,~ \ \ \, , _,1 . - -\-..- f#f' 1, ~. .. D..~ 1JA)k" IN ~ e,.~~ ~. 11..#. , :s:t , - Nt. tJ $-. ...,,~ BI'L,#' f....,.., /JI..:-Iu 8"',,. ".~ .i' " .JI ~. AIutJ ~4"'''...A .~ -r,.,. -- b..~ 4J1.;~ ~,'J, t;..~"J Co ' '1'-'/'7 ~1~ NtAI ". """It,.) ., ~.'~ UA,Ye ,~ ~ 1:".. '" "r ;' .JI' - ;;;,.. t;.., IVL*.' 8,,'U. ~ - ACaI S.I~ ..... " ~, , J' " .. ., ',t,:;" . I, ~ CESAS-.OP-R (200) 2,Aug 93 MEMOR.lWDUM FOR RECORD SUBJEl:T: preliminary Assessment screening summary 1. R.af erences: a-. Preliminary Assessment screening (PAS) Records Search document prepared by Randy Waters, Park Ranger, op-cr;, dated":- 6:Ju193. b~ Preliminary Assessment Screening (PAS) site survey docUlIlent, prepared by Randy Waters, Park Ranger, OP-CL, dated 6 Jul 93. (OP-CLLake records.) c~ Preliminary Assessment screening (PAS), New Savannah Bluff' Lock and Dam Maintenance Building, J-. strom Thurmond. proje~ct, Georgia/South Carolina, performed by Leon Leach and signE!d by Wayne Leatherwood, dated 12, Jul 93. cr. Preliminary Assessment screening (PAS) Records. search dOCUIllent' prepared by Randy Waters, Park Ranger, OP-CL, dated:~ 20 Jnl 93. '(OP-CP Powerplant records.) , 2. proposed Real Estate Action: Issuance of License to Soll consurvation Service (SeS) for Use of Maintenance Building as, Offic::e within, service Compound, New savannah Bluff Lock and, Dam, Ricmnond county, Georgia. 3". :findings: I have reviewed the records search and site survey docmnentation completed by RE'and OP elements. These documents revei3.led evidence of hazardous substances (both in the service building and in a removed undergro~d storage Tank (UST)) being stored on the referenced site. r'--have also personally inspected the site in April 1993 as part of an Environmental Compliance Inspection. I recall observing contaminated soil irr the service building's oil change .pit and within other'floor,panels. The powerplant's representative told me that past operations irr the service building included operating a machine shop, use of:' solvents and lubricants, etc. There were numerous oil stains on the 'concrete floor, as well as oil-dri absorbent that has- been put ~own to absorb a spill but never- cleaned ,up. This leads me to believe there is some evidence that. a.release or-releases of haza.rdous substances may have occurred at'the site, most likely on 2, small scale. I-. have no, reason to believe any other District or Division elements would have records revealing any further infclrmation on this site. Em:tB:IT D-1 ,: .; CESAS-OP-R (200) SqBJEC~: Preliminary Assessment Screening Summary 4. Recommendations: I recommend the real estate action proceed as planned after the Chief, Real Estate Division coordinates the results of this assessment screening with SCS. If SCS desires to, proceed without additional actions at the site, I recommend, that the real estate instrument include the appropriate CERCLA notice and CERCLA warranty as required in CERE guidance. 4 Encls ~tT. ' KATHLEEN ~AN Env.ironmental Compliance Coordinator, Operations Division CF(w/encls) : OP-CL ~ RE-MC 2 ...-4<1 -,. ., PRELIMINARY ASSESSMENT SCREENING (P.A.S.) RECORDS SEARCH 1. PROPOSED REAL ESTATE ACTION: Issuance of License to Soil Conservation Service for Use of Maintenance Building as Office within Service Compound, New Savannah Bluff Lock and Dam, Richmond County, GA 2 . RECORDS SEARCH: a. A search of project files included Marks files #405, 405-80a, and 200-1a. No information about the site or adjacent/nearby properties was located other than copies of-a prE~vious P .A. S. dated 1 December 1992. A copy of this past survey is enclosed. b. Review of existing and historic aerial photographs and maps showed that the area has been used for public recreation, with appropriate related facilities on site, and as a lock and d~l operation since the late 1930's. There were no indications of hazardous substance activities or' releases on the property or on adjacent or nearby properties. c. An interview with D. Durrence, Maintenance Worker, from 19~13-1986, revealed that no potential contamination from any activity on the property is known to have occurred, nor on adjacent/nearby ptoperties. 3. A site survey was performed 25 June ~993 of the service-area compound and photographs taken. This survey and photographs accompanies this report. 4 . RECORDS SEARCH July 2 and 6, 1993. 5. PERFORMED BY: File check'by t,5uL'( /9f3" Ranger, OP-CL ~ ' .,- PRELIMINARY ASSESSMENT SCREENING SITE SURVEY 1. PROPOSED REAL ESTATE ACTION: Issuance of License to tha- Soil Conservation Service to Utilize the Maintenance Buildin~in the Service Area Compound as an Office, New Savannah BlufrLock and Dam, Richmond County, GA 2. SITE SURVEY FINDINGS: a. A visual inspection of the, area to be; outgranted. consisted of the entire service, compound area. An earlier survey of this area was performed by the Savannah District- ERGO team:: on 19 April, 1993. Stored within the proposed building to be' outgranted were numerous- 5 gallon pails of, paint. District Office~is working on preparing a contract for removal and disposal of, this material. There was evidence of recent ground disturbance where an old underground storage tank (UST) had,been removed. and the hole refilled with clean soil. b_. The area has received, regular monthly inspections by, me since January 1991, with no findings noted during those inspections. 4 . PERFORMED BY: arJLY IPf.:. 3. SITE SURVEY .~ "'~', - ," PRELIMINARY ASS;:SSMENTSCREENING (P .A. S. )' RECORDS SEARCH 1. PROPOSED REAL ESTATE ACTION: out grant of Shop Building to Soil Conservation Service as an' Office Building, New Savannah Blu:t:f Lock and Dam, Richmond' County, Georgia 2 . RECORDS SEARCH: a. A search of files at' the Thurmond Powerplant included, Marks files #1130 and #1180. In file #1130 there was a field. report prepared by Anderson Columbia Environmental, Inc. Delivery No. 19 Contract DACA 21-92-D-0002 Testing, Cleaning, and Removing of U. S. T'., New Savannah Bluff Lock and pam'. It addressed, removing two above and two below ground tanks. Soil samples. taken and the report conclusion state that there ~as no evidence that soils at the subject facility were effected by petroleum basI: contamination. In file #1180 there was a copy of invitation #SAV-RE:-85-62. for bids on the sale of government owned. buildings. The invitation addressed Federal Regulations concerning the~ requirements in removal of asbestos. A routing slip dated. 23 May 1986 from OP-H (Roper) to OP~CPS (O~ Brannen) concerning demolition of a house(s) at the Lock and Dam, which in turn was rerouted to Mr. Boswell (OP-H?) asking it asbestos materiaL was in the house, the need to determine if 0, and if not, the need to delete asbestos requirements from th demolition contract~ No other documentation on th~was observ d in this file. , 3. RECORDS SEARCij PER RMED 0': 2 J 1/;#- 4 . PERFORMED BY: . . 2.. ?!; Ra ate . or -. ,i PRELIMINARY ASSESSMENT SCREENING NEW SAVANNAH BLUFF LOCK & DAM MAINTENANCE BUILDING J~ STROM THURMOND PROJECT GEORGIA/SOUTH CAROLINA 1. PROPOSED REAL ESTATE ACTION: Issue a permit, to the Soil. Conservation Service in order for them to' use the maintenance, building located at, New Savannah' Bluff Lock & Dam as' an office. 2. RECORDS SEARCH: A search of Real Estate!s audit files revealed no information regarding hazardous or toxic materials: being released, stored, or disposed of_ on' tract identified as~the Georgia site. 3. RECORDS SEARCH PERFORMED ON: 12 July 93, by F. Leon Leach', Realty Specialist" civil Management' Section, Real Estate Division. W~MH...,r WAYNE LEATHERWOOD Act Chief, civil Management Section " ," CESAS-OP-SR (200) 26 Oct 98 MEMORANDUM FOR RECORD SUBJECT: Preliminary Assessment Screening Summary and Risk Ass€:ssment 1. Reference: a. Preliminary Assessment Screening Records Search, datE~d 23 Oct 98, performed by Diane Hudson, R~-RM; Encl 1.. b. Preliminary Assessment Screening Records Search and Field Survey for New Savannah Lock, dated 22 Oct 98, performed by Travis Hughes, Scott Strotman, (OP-T) and the undersigned; Encl 2. c. Preliminary Assessment Screening Records, Search and Field Survey for Augusta-Richmond County Lease, dated 22~ Oct 98, performed by Travis Hughes, Scott Strotman, (OP-T'l and the undersigned; Encl 3. 2~ Proposed Real Estate Action: Request from Augusta- Ric:hmond County to modify existing lease for operation of. loc:khouse and the addition of three shop buildings, New Savannah Bluff Lock and Dam, J. Strom Thurmond Lake Project. 3. Background: a. A Preliminary Assessment Screening (PAS) is conducted to determine if hazardous substances'were stored, released into the environment or structures, or disposed of on a site. The purpose of a PAS is to develop sufficient information to adequately assess the-health and safety risk, define the nature, magnitude and extents of any environmental contamination, and identify the potential en.vironmental contamination liabilities associated with a real property acquisition, transfer or disposal transaction. b. The Comprehensive Environmental Response, Compensation, and Liability Act' (CERCLA) requires any agency of the United St~tes which enters into a contract agreeing to sell or ttansfer real property on which a EXHIBIT D-2 CE'SAS-OP-SR SUBJECT: Preliminary Assessment Screening Summary and Risk Assessment hazardous substance has been stored, released or disposed of in certain quantities during the period of Federal ownership,'to give in the sale or transfer document a detailed notice of the potential environmental hazards. This is known as a CERCLA Notice. c. CERCLA requires a covenant to be placed in each lease entered into to private parties, state and local governments warranting that all remedial action necessary to protect human health and environment with regard to hazardous substances stored, released or disposed of during the period of Federal ownership has been taken prior to the date of transfer and will be taken in the future if found necessary. This is known as a CERCLA Warranty. 4. Findings at the Shop Building: The first ERGO inspection which occurred at New Savannah Bluff Lock and Dam on 19 April 1993, revealed that 127 containers (5 gallon, buckets) of paint-viny~ pr~r and viny~ paint were stored in the shop bui~dinq. These containers of paint were classified as f1ammRh1e and were stored over' a year. The inspection team did not find any leaks or contamination at this site. A11 of these paint cans were removed from the property and disposed of proper~y. Information for the CERCLA NOTICE and WARRANTY: QUANT CASRN SYNONYM RCRA # DATE S SUBST vinyl paint primer 3759 lbs vinyl paint 2600 lbs n/a n/a paint paint 0001 0001 4/19/93 X 4/19/93 X 5. Findings at the Lock House: a. Reference 2.a., Enclosure 2: The structure is eligible for the National Register. We request that the City/County contact us prior to making an alterations/modifications to the existing structure. b. Background information for 2.d. (1), Enclosure 2 reference the loss of 400 gallons of hydraulic fluid: Sometime in 1997 prior to the de-watering and repair, the Corps checked the level in the hydraulic tank. During the CESAS-OP-SR SUBJECT: Preliminary Assessment Screening Summary and Risk Assessment summer of 1998, when the contractor was working on pressurizing the system, it did not work. The contractor found that the system was low on 6 Jul 98, and on 9 Jul 98, added 200 gallons of Quintolubric, 822-300' (non-hazardous substance). The following month, a trial run of the system was performed and the system did not respond. The contractor added 200 more gallons of Quintolubric on 25 Aug 98 and found a slow drip leak in the hydraulic lines in the upst:ream end of the lock chamber which was repaired. Both releases went directly into the Savannah River. Since this timE~, the system is operating and maintaining the aPPJ:opriate levels. Information for the CERCLA NOTICE and WARRANTY: QUANT CASRN SYNONYM RCRA # DATE R SUBST hydraulic fluid hydraulic fluid 200 gal 200 gal n/a n/a n/a n/a n/a n/a 07/06/98 08/25/98 x X c~ The hydraulic system within the lock and dam is quite old and even though the contractor repaired the hydraulic lines in the lock and repaired the hydraulic system, this action will not guarantee against future leaks. Regarding future environmental liability issues, the Corps and the City/County need to discuss who will be responsible for responding to future leaks and spills. 6. Recommendations: a. I have reviewed the records search documentation completed by Real Estate Division and Thurmond Project staff. These documents revealed evidence of hazardous substances were stored and released at the site. I have asked Engineering Division, Safety and Contracting Offices to: review their files for information on release, storage or disposal of hazardous substances pertaining to the New Savannah Bluff Lock & Dam site. Their searches did not reveal any other release, storage or disposal of hazardous substances than reported in Enclosure 2. b. The proposed real estate action presents a minimal ri.sk to human health and the environment given the property's last usage. However since hazardous substances .1' , CESAS-OP-SR SUBJECT: Preliminary Assessment Screening Summary and Risk Assessment where stored and released at the site, a CERCLA NOTICE and. CERCLA WARRANTY is required to be placed on' the lease. 3 Encls V~~~{I~ District PAS Coordinator .i " PRELIMINARY ASSESSMENT SCREENING RECORD SEARCH 1. PROPOSED REAL ESTATE ACTION: Proposed request from Augusta-Richmond County Recreation and Parks Department to modify their existing lease to include the dam and 3 shop buildings and the rest of fence compound, New Savannah Bluff Lock and Dam Park, Lease No. DACW21-1-95-1237, J. Strom Thurmond Lake. 2. RECORD SEARCH: A search of Real Estate's Audit File, 1504-05 New Savannah Bluff Lock, Dam & Pool, revealed no information regarding hazardous or toxic materials being released, stored, or disposed of on the above site. 3. PERFORMED ON: 23 October 1998 by Diane G. Hudson, Realty Specialist, Management Section, Regional Management Branch, Real Estate Division. c- ~4J-' LORETTA . FOUNTAIN Team Leader, Management Section RNrr. , , ; PRELIMINARY ASSESSMENT SCREENING New Savannah Bluff Lock and Darn Park Augusta-Richmond County Lease J. Strom Thurmond Project 1. PROPOSED REAL ESTATE ACTION: Request from Augusta- Richmond County Recreation and Parks Department to Modify Their Existing Lease to Include Shop Buildings and Remainder of E'enced Compound, New Savannah Bluff Lock and Dam Park, Lease No. DACW21-1-95-1237, Richmond County, Georgia. 2. SITE SURVEY: A site survey was conducted on 20 October 1998 by Valerie Krenicky(OP-SR), Scott Strotman(OP-T), and Travis Hughes (OP-T) on the subject site. A map of the area surveyed is enclosed. The following items were observed: Shop Building: In the main room of the shop, there was an old grease/oil rack. The pit for the rack has a concrete bottom. All other machinery and materials have been removed the area was clear of any items. The back room of the building had a small amount of various items such as rope, pallets, and rubber boots stored against a wall. The restroom area was clear of any items. Tractor/Equipment Shed: Augusta/Richmond County is presently using this building for storage. A tractor and mower attachment is being stored in the shed. A small number of 55 gallon barrels remain within the covered area that was cleaned up by the Corps. The barrels appeared to be empty and in poor condition. A number of wooden stop blocks, believed to have been used with the Lock were also in the area. There was an air conditioning unit and a pile copper tubing in the shed area. A small stack of creosote cross-ties were also in the shed area. Two-Door White Brick Garage: The garage area of the building was inaccessible, however a visible survey was pel~formed through the windows. Augusta-Richmond County is currently using this building for storage of lawn equipment and the caretaker's park vehicle. Fuel, commercial sprays and cleaners, were being stored in the area. A number of miscellaneous solid waste items are also being stored in the area. The back storage room to this building contained several shelves and two large cabinets. A 50 lbs. bag of masonry coating and small, partially full, brown bottle of an unknown liquid were found in the area. ENCL 2 ", SUBJECT: Proposal Request from Augusta-Richmond County Recreation and Parks Department to Modify Their Existing Lease to Include Shop Buildings and,Remainder of Fenced Compound, New Savannah Bluff Lock and Dam Park, Lease No. DACW21-1-95-1237, Ric~ond County, Georgia. 10/2 z/1fJ 'Da t'e Site Survey by:, Va orie S. Kren c y ~.d~ ames S. Strotman I~ G I~ Travis G. Hu es z.?.- Oc:r q ~ Date /0 I ~~ jqc:{, I Datet 3. RECORDS SEARCH: Records search was performed at J. Strbm Thurmond Project on 21 Octoberl 1998 by Travis G. Hughes (OP-T) . a. Reference Attachment A,P.A.S. dated 01 October 1997, performed by L. Brent Watkins for the inclusion of the: shop buildings and rest of fence compound to Augusta- Richmond County Lease. Site survey ,of the garage area was similar to current findings. b. Reference Attachment B, P.A.S. dated 23 April 1997, performed by L. Brent Watkins for the termination of outgrant with the Natural Resources Conservation Service for the use of the Maintenance Shop Building. Site survey of the shop building and equipment shed indicates that the areas have been cleaned up and a large amount of solid waste removed since that date. c. Reference Attachment C, Memoradum For Record, Preliminary Assessment Screening Summary dated 2 August 1993 completed by Kathleen A. Morgan for the issuance of_ license to the Soil Conservation Service for use of the maintenance building. It references past P.A.S. site survey and records searches performed on the subject area. The summary determined that hazardous substances had been stored on site, that there is some evidence that a release or releases may have occurred, but that it was most likely on a small scale. ~ !~G~~ Travis G. Hu hes lof2-2-/Qe ate Records Search by: . ; PRELIMINARY ASSESSMENT SCREENING New Savannah Bluff Lock And Dam Richmond County, Georgia 1. Proposed Real Estate Action: Issuance of License to Augusta-Richmond County for Operation of the New Savannah Bluff Lock. 2. Site Survey: A site survey was conducted on 20 October 1998 by Valerie Krenicky(OP-SR), Scott Strotman(OP-T), Keith Lightfoot (OP-T), and Travis Hughes (OP-T) . A map of-the area surveyed is' enclosed. The following items were observed: a. Lock and Dam: The structure was built in the 1930s and was an important feature in the growth and commerce of the area. The facility may be eligible for nomination to the National Register of Historic Places. To our knowledge, a formal evaluation regarding this issue has not been accomplished. The city/county will assume control of the lock and the Corps will retain control of the dam. The lock house will be shared. b. Lock Chamber and Surrounding Concrete Aprons: The large, open concrete area between the' parking- lot and the lock: chamber has been used in the past by contractors as a staging area for performing maintenance and rehab work on the lock and dam. Contractors have brought in 500 to 1000 gallon storage tanks for diesel fueli and have stored various quantities of miscellaneous chemicals (paints, gasoline, oils, etc.). Upon completion of work, all materials have been removed upon contractor demobilization. Contractors typically clean the ar.ea by pressure washing the concrete, with the wash water flowing into the lock chamber or onto the, narrow grass strip between the concrE~te apron and the parking area. The city/county will assume control over these areas. c. Diesel Tank for Emergency Generator: The lock hous~ contains an emergency diesel generator for supplying power in, the event of a power outage. A 275 gallon double walled, self contained fuel tank that holds diesel fuel for the generator sits on the outer lock wall adjacent to the lock hous~, at the upstream end. Access to the tank's fill port is secured, however, the tank is not isolated/secured from contact by the- public, and is openly susceptible to tampering or vandalism. The Corpi will maintain control of this system, however, the tank is located within the proposed lease limits. ENCL 3 ", x ~ SUBJECT: Proposed Real Estate Action for Issuance of License to Augusta-Richmond County for Operation of the' New Savannah Bluff Lock. (Site Survey continued) d. Hydraulic Systems (Lock): The lock is operated via a hydraulic system (approx. 900 gallons total capacity) that includes: 1. 500 gal. storage tank located on top of the lock house. 2. 125 gal. accumulator tank locpted on the first floor. 3. Hydraulic pump located on the second floor. 4. Hydraulic lines, cylinders, control valves, and associated piping located inside the lock house, inside the outer lock wall, recessed in the lock chamber walls and floor, and recessed in the land side lock wall. (1) This system has been known to leak, and over the course of the past year (1997-1998) approximately 400 gallons of hydraulic fluid has disappeared and remains unaccounted for. It is expected that recently completed (Oct 98)' lock gate and hydraulic line rehab work should resolve these leaks. However, the entire system was not rehabbed, and old piping still remains in use with some minor leaks. The control valves inside the outer lock wall tunnel were observed to be leaking on 20 Oct 98. The Corps will repack these valves which should stop the leaks. (2) The 2nd floor pump is a very old, open lubricated type pump that continually drains excess oil (by design) into a containment pan at the base of the pump. The oil then drains to an overflow drum located on the first 'floor where it is manually pumped back into the system. In the past, this drum has overflowed onto the lock house floo~ when not check on a regular basis. The Corps will, install seco~dary containment for the overflow drum, but insufficient monltoring may result in future overflows. The city/county will assume control of the lock gate system. e. Hydraulic Systems (Flood Control Gates): Two of the five flood control gates are ope~ated via a newly installed (1997) hydraulic ram system. The piping is protected by an outer conduit which is monitored by a leak detection system. The tank and pump unit are located on the second floor of the lock house. The system capacity is approx. 1300 gallons. The remaining three gates are electrically controlled. All gates are remotely operated from the Thurmond Powerplant. The remote equipment is located on the first floor of the lock house and consists of Programmable Logic Controllers (PLC) housed in metal clad enclosures. The Corps will continue to operate and maintain this system. 2 0.-' SUBJECT: Proposed Real Estate Action for Issuance of License to Augusta-Richmond County for Operation of the New Savannah Bluff Lock. (Site Survey continued) f. Chemical Storage: The Corps routinely stores lubricating oils, greases, and other chemicals on the first floor of the lock house for use in facility maintenance. Total quantities average between 50 - 75 gallons, and container sizes range from 5 gallon metal cans to 12 ounce spray cans. The majority of these materials are stored on a 2-drum spill pallet with a. sump capacity of approximately 60 gallons. The Corps will continue to store various chemicals at this location, and it is assume:d the city/county may wish to establish a storage area. 9. Restroom Facility: The first floor of the lock house contains a non-functional restroom facility. The only remaining item is a sink (that reportedly drained to the river) which does not have running water. The water supply to the lock house is currently discontinued due to leaks in the system. The toilet, reported to have been direct flush to the river, was also report:edly removed sometime prior-to 1972. Repairs to the water supply system could restore potable water to the lock house. The Corps has no interest in restoring potable water to this facility. The city/county may restore this service, at its option and expense. 11. Asbestos Abatement: Asbestos abatement work occurred to the,roof of the lock house in 1996. The roof was in poor condition and leaking. Testing revealed the presence of asbestos in the old roofing material. The old roofing was removed and disposed of and a new roof installed. i. Lead Abatement: In late ~995 lead based work occurred to the interior of t~~ lock house. of the paint was very poor, with lead based paint the w~lls and ceiling. The old paint was striped and new paint was applied. paint abatement The condition peeling from and disposed of j. Scientific Monitoring Stations: Two licenses are currently issued that permit the placement of scientific monitoring equipment on the lock walls. One is issued to Westi'nghouse Savannah River Company for the purposes of monitoring certain water quality parameters. The other is issued to Georgia Environmental Protection Division (GAEPD) for the same purpose. Westinghouse and GAEPD's equipment is located side by side on the outer lock wall, upstream end. 3 I.... ,(' 'i SUBJECT: Proposed Real Estate Action for Issuance-oL License to Augusta-Richmond County for Operation of the New Savannah Bluff Lock. (Site Survey con~ln~edl ~.. 1 Site Survey By: W1LuL ~1\.~-tJi Valorie S. Krenid y k,/WllJr A--~ .James S. St-rotrnan /, ~ I~ L--.,., '- , Keith LightfOoc' ~ / r~ - cq/~.,... Travis G. Hughes {O I ~ -z.( 1<0 Date -- Z~ vc,t Date '1f /0/ 22../ r~- Date I o( 7-7-ICf ~ Date 3. Interviews: Various power plant personnel (Phinizy Davis, Keith Lightfoot, Milton (Butch) Potter) were interviewed regarding the lock and dam. All information contained above is a result of these interviews, direct input from these individuals, or direct observations during the 20 Oct 98 on-site survey. Performed by: 1=-r.J Ji.t~:1::; Date: ?z- ()c,..- "if' ames S. Strotman 4. Records Search: A records search was performed at the J. Strom Thurmond Lake and Powerplant offices on 21 October, 1998 by Travis G. Hughes (OP-T) and James S. Strotman (OP-T). Findings were as follows: a. Reference Attachment A, P.A.S site survey and records search dated 01 December 1992, performed by Randy Waters for issuance of license for New Savann~h Bluff Lock and Dam. b. A search of Operations files at the powerplant office revealed several files containing information regarding the lock and dam. These files verified the asbestos and lead abatement work that occurred in 1995-1996, as previously discussed. For the most part, available files are contract type- files showing various maintenance and rehab contracts that have occurred over the years. The majority of the information regards the. contracts themselves. Specific documentation regarding special environmental issues that may have been, encountered during a contract activity are lacking. For example, asbestos testing data and a request to modify a contract to remove asbestos from the lock house roof are present, however, there are no details regarding how much was removed, disposal records, etc. 4 ; , .' SUBJECT: Proposed Real Estate Action for Issuance of License to Augusta-Richmond County for Operation of the New Savannah Bluff Lock. (Records Search continued) It is possible that other files may exist elsewhere, such as the Savannah District Office, the Fort Gordon Coristruction Office, etc. c. Search of Operations files at J. Office was negative. Records Search by: - / r=-=-. ~ ~ Travis G. Hughes Records Search by: fL,,~k ~ ~mes ..". Stratman - Strom Thurmond Lake Date: I of 2"2-/Ojc/ Date: ~2- OCr C; <l 5 PRELIMINARY ~SSESSMENT SCREENING New Savannah Bluff Lock and Dam Park Lease No. DACW21-1-95-1237'" Augusta-Richmond County , J. Strom, Thurmond Lake L PROPOSED REAL ESTATE ACTION: proposal. Request from Augusta-Richmond County Recreation and parks Department~ to Modify Their Existing Lease to Include Shop.~uildings and Re:st of Fenced, Compound, New Savannah B~uff. Lock and Dam Pa.rk, Lease No. DACW21-1-95'-1237, Richmond, County, Georgia. 2. SITE SURVEY: A site survey was conducted on 17' ApriL 1997 by Park Ranger L. Brent Watkins on the subject site. ~)wever~ the two-door white brick garage was left out-of the survey. This Preliminary Assessment Screening (P.A.S.) rl~lates to the two-door white brick garage. A map of the: a:cea surveyed is enclosed. The following items were observed: S,ite Survey By: /()"hl/97 ! crate Two-Door White Brick Garage: The front of'the building was locked and inaccessible from the outside. However, it' was possible to visibly survey the locked room by viewing' the., room through the windows. Augusta-Richmond County is . c:urrently using this building for storage of. lawn equipment cmd the caretaker's park vehicle and have been doing so for ~iome time. Six (6) gallons of paint were found in the building. Two (2) gallons of. the paint cans were open. and a.ppeared to be empty. Four gas cans were visible. Howev~r, :Lt. is not known if gas was being stored in the cans or: not'~ One gallon of bar.-chain oil was found and a two-litter coke bottle filled with what appeared to be a gas-oil mix was found. There were small spots of, discoloration on the floor from past fuel spills. Three one-gallon jugs were found in the building. One. jug was marked ammonia. One jug was :marked "Rain-X". One jug was marked but could not be made out. Two 50 pound bags of what appeared to be fertilizer' or' lime was 'found. However, the contents of the bags are 'unknown. --The back storage room to this building contained several shelves and two large cabinets. No findings were observed in this room. ATTACHMENT' A j ~ SUBJECT: Proposal Request from Augusta-~ichmond County Recreation and Parks Department to Modify Their Existing Lease to Include Shop Buildings and Rest of Fenced Compound, New Savannah Bluff ,Lock and D~ Park, Lease No. DACW21-1-95- 1237, Richmond County, Georgia. 3. RECORDS SEARCH: A Preliminary Assessment screening Records Search dated 20 July 1993 completed'9n project files included'Marks files #1130 and #1180. In file-#1130, there. was a field report prepared by Anderson Columbia Environmental ,Ihc. Delivery No. 19 Contract- DACA 21-92:-D- 0002 Testing, Cleaning, and Removing of ~~S.T~, New Savannah Bluff Lock and D~. It addressed removL~g-two (2) above and b~low ground tanks. Soil samples taken and the report conclusion state that there was on evidence that- soils at the subject facility were affected by pe~roleumbase contamination. In file #1180 there was a copy of invitation #SAV-RE-85-62 for. bids on the sale of government owned buildings. 'lfle invitation addressed Federal Regulations concerning the' requirements in- the removal of asbestos. A-., routing' slip dated 23 May 1986' from OP~H (Roper) to OP-CPS~ (0. Brannen) concerning the demolition of a house(s) at'the Lock and D~, which in turn was re-rou~~d to Mr. Boswell (OP-H) asking if asbestos material was ~~ the house, the need to determine if so, and if not, the need to delete asbestos requirements from the demolit~on contract. No other documentation on this was observed in this file. Review of Marks file 200-1a (Special pollutants, Radon, Asbestos, PCB's, Noise) revealed a memc=andum dated 15 September 1995 from Jay Weidman (OP-T), signed by Ken Dial. (OP-T) for Valarie Krenicky (O~-SR) whi=~ discussed the likely presence of greases, oi~s, solvents and other materials associated with vehicular mai~tenance within the shop area. The removal of 2072 lbs. (74 28 lbs. cans) of. zinc dust 'and 34.23 ,lbs. (7'4 7.4 oz. c01:tles/1 per sealed can of zinc dust) of Organofunctional Silane A-1120 was also discussed in this memorandum. The memc=andum went on to say that the zinc dust had been removed f=om the shop'building and was recycled. The other material ~ad been removed from the building and was awaiting proper disposal at the time' of the memorandum. No documentation was =~und in the file revealing whether proper disposal eve= =ccurred. The memorandum went on to say that lessees should be made aware of the known uses of the building and ~~e material stored in the area. 4. RECORDS SEARCH PERFORMED ON: /Il /... /'77 / .J SUBJECT: Proposal Request;._~rom Augusta-R.ichmond County Recreation and Parks Department to Modify Their Existing Lease to Include Shop Buildings and Rest of_ Fenced Compound, Ne\i Savannah Bluff Lock and Dam Park, Lease No. DACW21-1-95- 1237~ Richmond County, Georgia. 5. RECORDS SEARCH PERFORMED BY: ~~~ L. Brent, a kins 6. INTERVIEW: An interview was conducted with Thomas J~ La'wis, Natural Resources Manager at J. Strom Thurmond Lake. Mr. Lewis has been an employee at- J. Strom Thurmond Lake, since July of 1974. Mr. Lewis indicated that he was unaware' 0; any chemicals or other substances ever being stored in this building. ,i l'RELIMINARY ASSESSMENT- sCREENING New Savannah Bluff Lock and Dam Park Lease No. 93-0921, Natural Resources Conservation' Servica., J; strom Thu:cnond Lake 1. PBOPOSED REAL ESTATE ACT~ON: Termination of-'Outgrant No. DACW21-4-93-0921 with the Natural, Resources Conservation Service for' the Shop' Building, New Savannah Bluff Lock' anQ- Dam. Park, Richmond County, Georgia 2. SITE SORVEY: A,site survey was conducted on 17 Aprll, 1997 by Brent Watkins on the, subject site. A map of the- ~~::~~eyed iS4en~:;~~d~ Th:>>:~items we~~e, ... .., Sl.1ta survey by: . ~ ~~ z;. L. Bent atkins, . te, Shop Building: A..30 gallon trash can labeled "Dry OU~ iUld containing rags. was located in the, back room of" the: sbap l~lding. There was no evidence of spills in this roam. 'rhere was a pile of' old pallets and an old empty 5 gallon ];1aint can. In the main room of the shop, there was an. old. Ig'rease/oil rack. The pit' for, the rack had a concrete :bottom. Dust had settled on~ the 'concrete bottom and was. discolored from spills from automotive fluids from past- vehicular maintenance. ' There were several fluid'spill spots on the main floor of the shop building ranging in size f~. 8" in diameter to, 14" in diameter. Three storage tanks- were located on the wall of' the main room. The tanks were 6'-7' cylinder type tanks. The tanKs were labeled but.. could. not-, be identified. Unknown as to, contents.. rive.. (5) grates were located in the. floor of the main room of the shop. building. Their purpose is unknown. The bathroom of' the shop building contained an old wash basin. Chlorine scouring powder and "GOJO" hand cleaner container'was located above the washbasin. There was 1 gallon of- ammonia , located outside the shop building on the ground. Garage Area: Augusta/Richmond County is. presently using this building for. storage. There were eight (8) 55~ gallon barrels located within the garage area. The-barrels appeared to be empty. Solid waste was piled on- top of- the barrels. There was a treated wood pile located just outside the shop building on' the ground. There was a pile of' wood shavings on the ground outside the garage area. It~is' unknown if the shavings were treated. One (1) car battery and 1 gallon of "Bar and Chain" oil was found within the garage area. ATTACHMENT B .. SUBJECT: Termination of, outgrant No. 93-0921 with the Natural Resources Conservation' Service for the Shop BUilding, New Savannah Bluff Lock and D~ Park, Richmond County, Georgia Garage Area Continued: The oil had been spilled on. the concrete floor. The concrete floor of the garage building" contain surface stains' on the floor' from past spills fro~ automotive work. Per~eter Area: No findings were discovered. 3. RECORDS sEARCH: A, Preliminary Assessment screening' Records Search dated 20 July 1993 completed on project files included Marks files #1130 and #1180. In file #1130 there- was a field., report prepared by Anderson Columbia Environmental, Inc. Delivery No. 19 Contract DACA 21-92~D- 0002 Testing, Cleaning, and Removing of U~S~T~, New Savcnn&h Bluff Lock and Dam. It- addressed removing two above and below ground tanks. Soil samples taken and the report conclusion state that there was no evidence that soils' at~ the subject facility were effected by petroleum base contamination. In file #1180 there was a copy of~ invitation iSAV-RE-85-62 for bids on the sale of government owned buildings. The invitation addressed Federal Regulations concerning the requir~ents in r~oval of asbestos. A, routing slip dated 23 May 1986 from OP-H (Roper) to OP~PS (0. Brannen) concerning d~olition of a house (s)' at the Lock and Dam, which in turn was re-routed to Mr.. Boswell (OE-H) asking if asbestos material was in the house, the need-to deter.mine if so, and if not, the need to delete asbestos requirements from the d~olition contract. No other documentation on this was observed in this file. Review of Marks file 200-1a (Special pollutants, Radon, Asbestos, PCB's, Noise) revealed a m~orandum dated 15 september 1995 from Jay Weidman (OP~T) i signed by Ken Dial (OP-T) for Valarie Krenicky (OP-SR) which discussed the, likely presence of greases, oils, solvents and other materials associated with vehicular maintenance within the,shop area. The removal' of 2072lbs. (74 28 lbs. cans) of zinc' dust and 34.23 lbs. (74 7.4 oz. bottles/l per sealed can' of zinc dust) of~Organofunctional Silane A-1120 was' also discussed in this m~orandum. The m~orandum went on to say that the zinc dust had been removed from' the shop building and. was recycled. The other material had been removed from the building and was awaiting proper disposal at- the time of the memorandum. - No documentation was found in the file revealing whether proper disposal ever occurred. I ,~ J.r J' SUBJECT: Termination of Out grant No. 93-0921 with the__ Natural Resources Conservation Service for, the Shop BUilding, New Savannah Bluff Lock and_ D~ Park, Richmond County, Georgia RECORDS SEARCH CONTINUED: The memorandum went on to say that lessees should be- made aware of- :the of: the known-d uses of the building and materials stored in the area. 4. RECORDS SEARCH PERFORMED- ON: 21 April, 1997 5. PERFORMED BY: L. Brent Watkins, Park Ranger, OP-T- 6. INTERVInT: An interview was conducted. with Thomas. J~ Lewis, Natural Resources Manager_ at J. Strom' Thur.mon~Lake. Mr~ Lewis has been an employee at J. Strom Thur.mondLake since July of 1974. Mr. Lewis indicated that he believed that paint and different types of solvents had been stored in_ the, shop bUilding, but that all these materials hacL"been removed. ,I , ' CESA,s-OP-R (200) 2:,Aug 93 MEMO:RANDUM FOR RECORD SUBJECT: Preliminary Assessment screening Summary 1. References: a. Preliminary Assessment screening (PAS) Records search~, doc\lllllent prepared by Randy Waters, Park Ranger, OP-CL, dated: 6 J\lLl 93. b. preliminary Assessment' Screening (PAS) site survey doctl1D.ent prepared by Randy Waters, Park Ranger, OP-CL, dated 6 Jul 93. (OP-CL Lake records.) c. Preliminary Assessment screening (PAS), New Savannah Bluj:f Lock and Dam Maintenance Building, J'. strom Thurmond, Pro:ject, Georgia/South Carolina, performed by Leon' Leach and si~led by Wayne Leatherwood, dated. 12 Jul 93. do. prelimi,nary Assessment screening (PAS) Records search do c1ament , prepared by Randy Waters, park Ranger, OP-CL, dated 20 ,Jul 93. (OP-CP powerplant' records.) 2~ Proposed Real Estate Action: Issuance of License to soil Conservation service (SCS) for Use of_Maintenance Building as- Office within service compound, New savannah Bluff Lock and Dam, Richmond county, Georgia. 3'. Findings: I have reviewed the records search and site survey documentation completed by RE and OP elements. These documents rev'ealed evidence of hazardous substances (both in the service bui.lding and in a removed Underground storage Tank (UST)) being stclred on the referenced site. I: have also personally inspected the: site in April 1993 as part- of an Environmental comp~iance Ine.pection-. I recall observing contaminated soil in the service bui.lding's oil change pit and within other floor. panels. The pO\lrerplant' s representative told me that past operations in. the" sel:'Vice building included operating a, machine shop, use of: solvents and lubricants, etc. There were numerous oil stains on thu concrete floor, as well as oil-dri absorbent that has been pu1~ 'down to absorb a spill but never cleaned up. This leads me to believe there is some evidence that' a release or releases of.. ha:~ardous substances may have occurred at the site, most- likely on" a small scale. I have no reason to believe any other- District or' Division elements would have records revealing any further in:formation on this site. ATTACHMENT C " 1.-, . I " :. i' CESAS-OP-R (200) SUBJECT: Preliminary Assessment screening summary 4. Recommendations: I recommend the real estate action proceed as planned after the, Chief, Real Estate Division~ coordinates the results of this assessment screening with SCS. If SCS desires to proceed without additional actions at the site, I recommend, that the real estate instrument include the appropriate CERCLA notice and CERCLA warranty as required in CERE gUidance. 4 Encls ~t>r. ~~ KATHLEEN A. ~ORGAN Environmental compliance coordinator, operations Division CF(wjencls) : OP-CL "- RE-MC 'f.._ 2 ," .f~, .__ .j... J < .io .-1 MEMORANDUM OF AGREEMENT between DEPARTMENT OF'THE ARMY and RICHM:OND COUNTY, GEORGIA for contributed funds related to the DEWATERING AND REPAIR OF THE LOCK AT THE NEW SA V ANNAHBLUFF LOCK AND DAM This is a MEMORANDUM OF AGREE!v1ENT (hereinafter-referred to as the "MOA"), entered-into this 10th day of oct:OOer , 1997, by and between the_DEPARTIv1ENf'OF THE ARMY (hereinafter-referred to.as,the "Government"), acting by and through the District Engineer, U.S. Army Corps of Engineers; Savannah District; and Richmond County, Georgia,(hereinafter referred to as the: "Contributor"), acting by andthrou~ the Mayor ofthe,A~ta-Richmond County Commission. ' WITNESSETH, THAT: WHEREAS, the Rivers and Harbors Act of3 July 1930 (H.D. 101, 70th Congress, 1st Session), authorized construction of the New Sav~mnah Bluff Lock and Dam, and the Riv~:rs and Harbors Act of 30 August 1935 (Senate Committee Print. 73rd Congre8s, 2nd Session) provided the location of the Project, WHEREAS, the Government has closed the l~ck at the New Savannah Bluff Lock and Dam (hereinafter referred to as the "Project") because of structural problems; WHEREAS, the Energy and Water Development Appropriations Act of 1997; P.L. 104-206 appropriated funds in the amount of $1 ,000,000 for the-dewatering and repair of the Project, as noted in-House Report 104-679; WHEREAS, the March 1997 Letter Report on Lock Repair at the New Savannah BluffI,ock and Dam, Savannah River, Georgia and South Carolina, estimated the amount of funds needed to dewater,and accomplish the necessary repairs to the Project to be $1,500,000; WHEREAS, the Contributor has expressed a desire to contribute funds towards the cost of the dewatering and repairs of the Project; EXHIBIT F .\ " '., " '::. , -, of 'i. .. '" ): '. WHEREAS, the Contributor considers it to be in its own interest to expedite the dewatering and repair of the Project by voluntarily contributing funds (hereafter referred to as the "contributed funds") to be used by the Government for that purpose; WHEREAS, the Goverriment is authorized, pursuant to 33 D.S.C. 560, to accept and expend contributed funds', in connection with Federally appropriated funds, for any authorized work of public improvement of rivers and harbors whenever such- work and expenditure may be considered by the Chief of Engineers as advantageous to the interests of navigation; NOW, TIiEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Government, using funds appropriated by the Congress of the United States and funds provided by the Contributor, shall perform dewatering and repair of the Project under the tenns of this Agreement. In this Agreement, the tenn "dewatering and repair" shall include but is not necessarily limited to: continuing planning and engineering; advanced engineering and design; preconstruction engineering and design; engineering and design during construction; investigations to identify the existence and extent of hazardous substances; historic preservation activities; actual construction; supervision and administration; and all costs associated thereto, including contract expenditures, dispute settlements, and awards. 2. The Contributor shall contribute to the Government $500,000, in cash towards the dewatering and repair of the Project. The'Contributor shall verify to the satisfaction of the Government within 30 days after this MOA takes effect that the Contributor has deposited the required funds in an escrow or other account acceptable to the Government, with interest accruing to the Contributor. 3. The Government shall not obligate any funds contributed by the Contributor before th~y are received by the Government and available for obligation by the Government. 4. The Government shall use the contributed funds for no purpose other than the dewatering and repair of the Project. The Government shall spend the contributed 2 "j\ , 1-."" --,' j 'IL '" . funds only after expending the $1 million in federal funds, appropriated by P .L. 104- 206 for dewatering and repair of the Project. 5. The Government shall provide the Contributor with quarterly accountings of its ,expenditures of contributed funds for dewatering and repair of the Project. The fITst such accounting shall be provided within 30 days after the fmal day ofthe,frrst complete Government fiscal year quarter following receipt of the contributed funds, and subsequent accountings shall be provided within 30 days after the fmal day of each succ(~eding quarter until the contributed funds are completely expended or the: Governmf:nt concludes dewatering and repair of the Project. 6. Subject to the availability of such funds and the approval of the Secretary of the Army, the Government shall return to the Contributor any funds contributed by the Contributor which are excess of the amount necessary for the Government to complete dewatering and repair of the Project (hereinafter referred to as "excess contributf:d funds"). 7. The Government shall have no obligation to spend. more than $1 million,in-. federal funds and $500,000 in nonfederal funds on the dewatering and repair of the Project. The Government will limit its obligations to the total amounts of these funds. 8. The: Government may, in its sole discretion, reprogram funds for costs of dewatering and repair of the Project which exceed the sum of the appropriated Federal fhnds and the contributed funds (hereinafter referredto as "further dewatering and repair"). However, the Government makes no commitment to accomplish such reprogramming. a. If such reprogramming occurs, the Government shall inform the Contributor of the amount of the funds which have been reprogrammed to cover- costs of further dewatering and repair (hereinafter referred to as "reprogrammed- funds"). Within thirty days of such notice, the Contributor shall contribute to the Gove~lent an amount equal to one-half the amount of the reprogrammed funds and shall verify to the satisfaction of the Government that the Contributor has deposited the' requi.red amount (hereinafter referred to as "additional contributed funds") in an escrow or other account acceptable to the Government, with interest accruing to the' 3 ,,~ ''It ." , .' ...\ '. - ,. ':~ l . . ., '.' ., I i" Contributor. The Government reserves the right to refrain from obligating the reprogrammed funds until the Contributor has met all its requirements under this paragraph. b. The Governme,nt shall use the additional contributed funds and reprogrammed funds for further dewatering and repair of the Project. In addition, the Goverimlent shall spend the additional contributed funds and reprogrammed funds such that the additional contributed funds pay one-third of the cost of further- dewatering and repair of the Project and the reprogrammed funds pay two-thirdsof'- the cost of further dewatering and repair of the Project. c. Subject to the availability of such funds and the approval of the Secretary of the Army, the Government shall return to the Contributor any additional contributed funds which are in excess of the amount necessary for the Government to complete repair and dewatering of the Project. 9. Nothingherein shall constitute, or be deemed to constitute, an obligation of' future appropriations by the United States. 10. Nothing herein shall constitute, or be deemed to constitute, an assurance.or promise of the Government to take any action other than those specifically set forth in this Agreement with respect to dewatering and repair of the Project. Nothing, herein shall constitute, or be deemed to constitute, an assurance or promise of the Government to conduct other activities at the Project. Upon completion'of dewatering and repair of the Project, the Contributor shall resume operation and maintenance of the Project and be responsible for all operation and maintenance costs for lO years and thereafter for so long as-the Project remains in operation~ If: the Contributor fails to operate or maintain the Project at any time, the Government reserves the right to permanently close the Project to navigation. 11. Before any party to this MOA may bring suit in any court concerning.an'issue relating to ,this MOA, such party must fli"st seek in good faith to resolve the issue; through negotiation or other forms of nonbinding alternative dispute resolution' mutually acceptable to the parties. 4 '.,..'~ >. Ii ,f. .. . . ,~' 12. 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