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File #: 5479   
Type: New Business - Development and Environmental Services Group Status: Adopted
File created: 1/24/2023 In control: Public Works Department
On agenda: 2/7/2023 Final action: 2/7/2023
Title: Consideration, re: Department of the Army Right-of-Entry for Environmental Assessment and Response for the Naval Air Station Banana River Off-Base Disposal Area designated as a Formerly Used Defense Site (FUDS) - District 4
Sponsors: Public Works Department
Attachments: 1. DepartmentOfTheArmy_Right-of-Entry_Form_12082022_ADA.pdf, 2. Remedial_InvestigationFeasibilityStudyFactSheet_July2020_ADA.pdf, 3. Remedial_InvestigationFeasibilityStudyProcessFactSheet_November2021_ADA.pdf, 4. Request to Corps for considerations_ADA.pdf, 5. USACE Response to Brevard County ROE Concerns.pdf
Subject:
Title
Consideration, re: Department of the Army Right-of-Entry for Environmental Assessment and Response for the Naval Air Station Banana River Off-Base Disposal Area designated as a Formerly Used Defense Site (FUDS) - District 4
End
Fiscal Impact:
None
Dept/Office:
Public Works/Engineering and Natural Resources Management Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners review and consider the United States Army Corps of Engineers' (USACE) request to sign the Right-of-Entry (ROE) for Environmental Assessment and Response for the area formerly known as the Naval Air Station Banana River Off-Base Disposal Area, and provide direction to the County Manager for further action.
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Summary Explanation and Background:
USACE manages the Defense Environmental Restoration Program for FUDS on behalf of the Department of Defense and has requested a ROE, on behalf of its contractor, to perform environmental testing and potential response in the Rights-of-Way (ROW) for the area formerly known as the Naval Air Station Banana River Off-Base Disposal Area located south of Patrick Space Force Base in unincorporated Satellite Beach. USACE, pursuant to its policies, does not obtain local agency permits to conduct this type of work. Instead, it requests governmental entities, in this case the County, as a property owner, to sign its ROE form granting it, and its contractors, access to sites. The ROE would grant USACE authority to conduct any testing and remedial activities in the ROW that it deems necessary without requiring prior County approval, concurrence, or inspection. However, pursuant to the ROE, USACE will coordinate activities with the County at least fourteen days prior to the start of work. Given the sensitive nature of the request and potential impacts to homeowners as well as the traveling public, staff decided it was prudent to request Board direction.

The ROW in this area ranges from 50 feet to 80...

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