Buckley Field UXO Settlement

[Lenny Siegel <lsiegel@cpeo.org>]

BUCKLEY FIELD UXO SETTLEMENT

The State of Colorado and the U.S. Army have reached an innovative
settlement of their dispute over the appropriate response to unexploded
ordnance at the former Buckley Field, east of Denver. Buckley Field,
also know as the Lowry Bombing and Gunnery Range, covers about 59,000
acres in Arapahoe County. All of the property is owned by non-federal
entities, including the Colorado Board of Land Commissioners, the City
of Aurora, and private parties.

Over three years ago, the discovery of UXO at the site led the Army
Corps of Engineers, which is responsible for remediation at formerly
used defense sites, to initiate an Archives Search Report. Though the
Corps began field work, differences between the Army and the Colorado
Department of Public Health and Environment emerged. In June, 1997, the
Department issues an Emergency Compliance Order and filed suit in
Federal court.

In April, 1998, however, the two sides signed an agreement establishing
a framework for cooperation while staying, but not dropping, the
litigation. Both sides reserved their legal rights.

* The agreement establishes a dispute resolution procedure modeled after
the Defense State Memorandum of Agreement. Unresolved differences are
elevated within both the state and the Army until they reach the
governor and the Deputy Assistant Secretary of the Army for
Environmental Safety and Occupational Health. If they don't agree, then
either may terminate the agreement.

* The attached technical agreement specifies the use of innovative
technologies recently developed by the Army Corps. The Corps, through
NASA's Jet Propulsion Laboratory, will use airborne synthetic aperture
radar (SAR) to survey the entire range, primarily to identify areas of
concern as well as clean areas. The Corps will use digital geophysical
mapping to detect and remove suspected ordnance.

* The agreement specifies clearance goals and strategies for certain
high profile areas, and the Corps will work with regulators and the
Restoration Advisory Board to develop range clearance strategies for the
remainder of UXO-contaminated parcels.

* Even after the Army completes clearance or other site response
activities, the Army will return to conduct additional clearance
required to support changes in land use, should the landowner insist on
a new use that increases risk of UXO exposure. In essence, the State is
allowing portions of the property to be cleared superficially for now in
exchange for the Army's promise to do conduct deeper clearance later, as
needed..

Lenny Siegel
Director, Center for Public Environmental Oversight (AKA SFSU
CAREER/PRO)
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org