Can we use the sites during the time of clean-up?
For safety reasons, we request no one enter the property during fieldwork. Landowners will be notified prior to starting fieldwork and upon fieldwork completion. Unauthorized entry will likely delay the clean-up project.
Can we sell the property while remediation is being performed?
Yes. However, the right of entry does not automatically transfer to the new owner, so we request the seller notify us of sales so we can contact the new owner to request right of entry.
Who is going to be liable in the event that ALL of the munitions are not removed?
The US Army Corps of Engineers will endeavor to remove all munitions. There is always the possibility that not all munitions are discovered and removed during the removal action, so we advise property owners to be vigilant in the future. Determining liability in any future instance would require a fact specific inquiry. For further questions pertaining to liability, we recommend you seek independent legal counsel.
After completion will both the look as well as its actual conditions of the property be as it would be if it had not been used for the testing that was done?
Upon completion, any holes dug will be backfilled and restored and all project materials will be removed.
If someone is injured by a munition on my property who is liable?
Liability determination is a fact-specific legal analysis. Under certain circumstances, the Federal Government is subject to lawsuits under various theories of liability. In some instances, landowners may be liable for harms caused by dangerous conditions on their property. A denial of access to the property for investigation and remediation may weigh against the landowner in an assessment of liability. For further questions pertaining to liability, we recommend you seek independent legal counsel.
If someone is injured during the fieldwork for this project who is liable?
Liability determination is a fact-specific legal analysis. Under certain circumstances, the Federal Government is subject to lawsuits under various theories of liability. In some instances, the landowner may be liable for harms caused by dangerous conditions on his or her property. A denial of access to the property for investigation and remediation may weigh against the landowner in an assessment of liability. For further questions pertaining to liability, we recommend you seek independent legal counsel.
Will the Government buy my property? Will the government pay me rent for each year they have access to my property?
The Government cannot pay for right of entry nor purchase property at this time.
How soon can I build on my property after the remediation is complete?
The Department of Defense does not impose restrictions on building. However, there is risk involved with building on the property prior to remediation. Risk will be substantially decreased after these remedial actions are complete.
Will I be notified prior to you going on my property, prior to fieldwork beginning?
Yes, all landowners will be notified prior to the beginning of fieldwork and upon completion.
Will the landowner be notified when USACE actually doing/coming to do cleanup on their property?
Yes, all landowners will be notified prior to the beginning of fieldwork and upon completion.
What depth in the subsurface will MRS-01 be investigated?
The subsurface will be investigated to up to five and a half feet below ground surface.
Will the holes that are dug be backfilled?
Yes, all holes will be backfilled.
Will institutional controls following the clearance include any land use restrictions?
At this time, only educational awareness institutional controls are planned; however, data collected during fieldwork will be considered and changes made if warranted.