Fort Ord Citizen’s Advisory by rlb42650


									                      Fort Ord Citizen’s Advisory Group

Ms. Gail Youngblood
Director, Fort Ord Office
Army Base Realignment and Closure
P.O. Box 5008
Presidio of Monterey, CA 93944-5008

Regarding: Response for the Administrative Record to:
Finding of Suitability for Early Transfer (FOSET)
Former Fort Ord, California
Environmental Services Cooperative Agreement (ESCA)
Parcels and Non-ESCA Parcels (Operable Unit Carbon
Tetrachloride Plume) (FOSET5)

August 11, 2007

Dear Ms. Youngblood,

Thank you for the opportunity to comment on this FOSET 5. The magnitude of the
issues involved on this Federal Superfund Site are numerous and complex. The residents
surrounding and living on this former Army Base have had multiple concerns over the
past many years. The effected property was used by the United States Army for
training purposes since 1917. Despite the assurances of CERCLA, we fear that
the local residents Health and Safety will be affected. We also fear that the taxpayers
of both Monterey County and the State of California will be left “holding the bag”
for this early and imprudent dirty transfer of Federal Property.

We oppose this early dirty transfer and the recommendations of this document for the
following reasons:

   1) Both the Federal Facilities Agreement (FFA), and the Environmental Services
   Cooperative Agreement (ESCA) had to be retroactively modified after the FOSET
   5 was published and distributed for review to the agencies and to the public.

   2) The new modified Federal Facilities Agreement leaves unclear the standing of
   a) The Settlement Agreement between Monterey Unified Air Pollution Control
      District, The United States Army and Department of Defense, dated May 22,
   b) Settlement Agreement between plaintiffs Curt Gandy, Patricia Huth, Richard
      Bailey, Michael Weaver, Edward Oberweiser, Linda Millerick, and the Fort Ord
      Toxics Project and the Army and DOD, dated April 28, 2004
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Note: This latter settlement has the Federal Judge retaining review of the case
until August 2009.

3) This is a taxpayer boondoggle. The Department of the Army is responsible for the
   clean up. With the approval of this document responsibility for the clean up of
   3,331 acres is passed to the Fort Ord Reuse Authority who has had no experience
   cleaning anything up, and has been noticeably absent for years at clean up
   meetings. The Fort Ord Reuse Authority, (FOR A), then passes this responsibility
   to LFR, Inc. who then passes the clean up duties to Westin, Inc, who hires
   Westcliffe Engineers, to assist. The Army, meanwhile remains administering the
   clean up for the rest of former Fort Ord, and the contaminated groundwater.

   The point of this is the lines of responsibility and accountability get diluted.
   The chain of command gets fuzzy. What it does promise to create is expensive
   new bureaucracies who will eat up scarce clean up funding. When the funding is
   gone, the local residents will still have a dirty former military base next door.
   The out-of-town consultants will be gone. Monterey County is broke. It may well
   fall on the State of California to try to pick up the pieces.

4) The rationale used for this FOSET 5 by the Fort Ord Reuse Authority was that
   funding for the Army clean up is uncertain. The funding comes in as contracts are
   approved for spending. However, it is never enough to do a lot at once. This
   FOSET 5 allows for almost $100 Million over three years for clean up and reuse.
   HOWEVER, in speaking to FOR A Attorney, Mr. Bowen, I was advised that
   the amounts of money to be transferred to FOR A , ARE CONTROLLED BY


   Obviously, it cannot work both ways. What we did learn was that :
   FOR A received an initial $40 Million. Of that $1,050,000 goes to FOR A for
   “Regulatory response costs and program management expenses”
   $6,570,000 goes to LFR, Inc.
   $32,380,000 goes to AISLIC (AIG) under the terms of the “Cap Cost” EPP
   Policy to pay for LFR, Inc. remediation work.

   The additional approximately $60 Million is expected to arrive over the next two
   years and the distribution of the funds will be generally similar to the first

5) The selection process for a clean up contractor was skewed. A FOR A
Subcommittee made up of staff Michael Houlemard and Stan Cook,
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Del Rey Oaks Mayor Russell, and a consultant hired, also by the name of Russell,
were to make a recommendation for a clean up company. A Freedom Of Information
Act Request by The Fort Ord Citizen’s Advisory Group, allowed access to the
documents used for this selection process. They consisted of resumes from
companies doing base clean up. Some of the resumes in the file were from companies
like MACTEC and Parson’s, companies who have a long history of doing clean up on
this military base. There were no notes found in the file as to any scoring system
used for ranking a potential clean up company. There were no notes found as to any
type of placement of the companies in respect to either their qualifications or their
potential expense.
The company selected, LFR, Inc. was stated to be far and away the best qualified,
But based on what? LFR Inc.’s resume contained references to their access to “Wide
Area Assessment Technology”.
When asked what “Wide Area Assessment Technology” was, one of the
subcommittee members stated they did not know, and referred us to LFR, Inc.
Another member was vague.
However, based on the subcommittee’s recommendation, the FOR A Board
approved LFR, Inc. as the clean up contractor for over 3,300 acres of former Fort

6) The public was left out of any recommendation process as to clean up contractors
   for former Fort Ord. FOR A claims to have held meetings discussing it.
   The public was left out of any opportunities to participate by working on the clean
   up. The process does not create jobs for local residents.

7) LFR, Inc.’s relationship with master developer Federal Development, Inc. is
   uncertain to the public. Federal Development has the exclusive option to develop
   approximately 340 acres within the City of Del Rey Oaks. We have been told that
   Federal Development has been paying the City of Del Rey Oaks FOR A fees.
   The mayor was on the selection committee selecting LFR,Inc. as the clean up
   contractor for areas of former Fort Ord. In a meeting with the Army and the
   USEPA, DTSC and State Water Quality, LFR, Inc. representative Christie
   Reimer stated that LFR, Inc. has never been a part of , nor will be, of Federal
   However, when Federal development made a presentation to the FOR A Board,
   It introduced LFR, Inc. as part of it’s “team”. Similarly, when Federal
   Development made a presentation to the City Council and Planning Commission
   of Del Rey Oaks, it introduced LFR, Inc., again, as part of “our team”.
   There was no objection from LFR, Inc. principal, Paul Reimer, who was in the

8) It is dysfunctional to divide the former Fort Ord Military Base
   into areas of privatized clean up, yet leaving other areas in the hands
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of the United States Army and the DOD for clean up. And, assigning
responsibility for the clean up of contaminated groundwater entirely to the Army.
The clean up issues in and surrounding former Fort Ord are very often
interrelated. You don’t change horses in midstream. Likewise, you don’t
grant both taxdollars and responsibility to companies with no institutional
historical memory of the issues.

For the record, I grew up next to, and have lived next to this former Fort Ord
Military base for almost 56 years. All work done by me has been strictly
I represent the Fort Ord Citizen’s Advisory Committee as it’s acting secretary.

Thank you for your consideration of our concerns.


Mike Weaver
Phone: 831-484-6659

1) California Health and Safety Code , Section 25358.7 and
2) Letter from FORAPlanning and Finance Director, Steve Endsley, in response
   to our request for FOR A Budget items regarding the privatization of the clean
3) Copy of the Agenda for Meeting with DTSC concerning The Resort at
   Del Rey Oaks.
4) Copy of the Federal Development Project Team Directory, The Resort
   Del Rey Oaks, California, titled, Private Team., showing LFR, Inc. as their
   Civil Engineer.

   Governor, State of California
   USEPA, Chief, Federal Facility and Site Clean Up Branch Superfund Division
   DTSC, Chief of Northern California Operations
   RWQBC, Executive Officer, California Regional Water Quality Control

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