HomeMy WebLinkAbout20211078.tiffPublic Advisor
90th Missile Wing Public Affairs Office
5305 Randall Avenue Bldg. 250 Suite 201
F.E. Warren AFB, Wyo. 82005-2266
(307) 773-3381
FOR IMMEDIATE RELEASE
DATE:
April
16, 2021
RELEASE NUMBER: 2021-04-16-01
TIME:
12:00
p.m.
F.E. Warren AFB reaches out to landowners
F.E. WARREN AIR FORCE BASE, Wyo. — As a precursor to the planned modernization of the
nation's Minuteman III Intercontinental Ballistic Missile system, the Air Force is conducting field
surveys of the F.E. Warren missile field to identify and document potential threatened and endangered
species and habitat suitable to support them, wetlands, or archaeological areas of concern that may
impact project planning and implementation. Right -of -entry request letters were sent in March to
landowners who may have a portion property that may need to be accessed to conduct these surveys.
This is preliminary fact-finding work that will inform the development of an Environmental Impact
Statement.
Background
In the fall of 2020, the Air Force began preparing an Environmental Impact Statement pursuant to its
responsibilities under the National Environmental Policy Act and the Air Force Environmental Impact
Analysis Process to analyze the potential effects on the human and natural environments from the
deployment of the Ground Based Strategic Deterrent intercontinental ballistic missile system, and the
decommissioning and disposal of the Minuteman III ICBM. The GBSD weapon system represents the
continued modernization of the United States' land -based nuclear arsenal with the replacement of the
aging Minuteman III. Deployment -related actions would primarily occur both on base and in the
I
CoMMVn" Go,+ on S CG: eG(TT), RWCTtn!tRICH), aoai — tO%g
oy/26/x-1 CA(S2 )
O'-1123/21
missile fields at F.E. Warren Air Force Base (AFB), Wyo.; Malmstrom AFB, Mont.; and Minot AFB,
N.D.
Right of Entry Requests
In the spring of 2021, right -of -entry request correspondence from Lt. Col. Michelle L.E. Sterling,
commander of the 341st Civil Engineer Squadron was sent to local landowners who may have a
portion of their property that may need to be accessed by the government to conduct biological and
cultural resource field surveys. The request is to allow the Air Force and its contractors to access
private property to conduct the surveys.
The request is being made because all launch facilities, communication systems, infrastructure, and
technologies would be modernized and replaced as necessary to support the GBSD system.
Approximately 1,780 miles of new utility corridors are proposed across the three missile fields at F.E.
Warren AFB, Malmstrom AFB, and Minot AFB. Preliminary analysis indicates more than 90 percent
of new corridors would be on private land.
Utility Corridors
Utility corridors would generally be aligned along established roads (50 feet on either side of the road).
The government would acquire associated property easements from F.E. Warren AFB to and
throughout the missile field. These utility corridors would be in addition to the existing utilities
connection to the Launch Facilities and Missile Alert Facilities. Activities along the utility corridors
would require clearing and grubbing sufficient to provide access to the area and enable installation of
the utility lines.
The utilities would be installed in a 25 -foot -wide temporary easement and maintained in a 16.5 -foot
permanent easement. Temporary easements would be sized to accommodate access and required
equipment, and to provide temporary spoils storage. The utility trench would have a typical depth of 4-
2
8 feet with a finished footprint approximately 2 -feet wide. Directional drilling would be used as needed
to install utility lines beneath roadways and stream crossings, and near sensitive environmental
resources. In cases in which directional drilling is required, the width of the easement and depth of the
trench would depend upon the obstacle being avoided; additional temporary easements or workspace
might be acquired. Upon completion of the new corridors and easements, disturbed areas would be
reseeded and restored, as necessary.
Beginning in spring of 2021, the government will begin field surveys of these areas for both biological
and cultural resources to assist in planning. These surveys would occur at proposed project areas both
on base and in the missile fields, as well as on private property and parcels administered by federal and
state agencies. In general, all survey work will be done by a field survey team consisting of two to four
biologists or archaeologists who will walk through the survey area to identify and document potential
threatened and endangered species and habitat suitable to support them, wetlands, or archaeological
areas of concern.
Further Information
The Air Force has collaborated with the U.S. Army Corps of Engineers (USACE) to obtain access to
support the described survey work effort. If landowners have questions about the letter requesting right
of entry or the right of entry agreement that they received, they may visit www.gbsdeis.com, speak
with someone at the USACE office by calling 1-800-265-9309 or they can make contact via email at
ROEhelpdesk@usace.army.mil.
Attached is an example of the correspondence sent to landowners and a copy of the Right of Entry
Agreement.
-30-
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 341 ST MISSILE WING (AFGSC)
Dear Landowner,
The U.S. Government is undertaking biological and cultural resource field surveys
pursuant to its responsibilities under the National Environmental Policy Act (NEPA) (42 U.S.C.
§ 4321 et. seq.) and the Air Force Environmental Impact Analysis Process (EIAP) (32 C.F.R.
Part 989) in support of the Air Force's Ground Based Strategic Deterrent (GBSD) Program.
The GBSD Program will support the future of the Air Force Global Strike Command's military
deterrent mission and includes modernization or replacement of current weapons systems.
GBSD is the most cost-effective option for maintaining safe, secure and effective systems. The
Air Force is required to consider alternatives, including various locations to commence
programs, before proceeding with a specific proposed decision or action. Additional information
about the GBSD Program including- project locations, on- and oil -base activities, and the EIS
process is available online at www.absdeis.com.
You are receiving this letter because the U.S- Government has identified a portion of your
property that we wish to access for the purpose of conducting biological and/or cultural resource
field surveys to assess the presence or absence of f wetlands and other waters of the United States,
threatened or endangered species, or historic or archaeological resources.
Two to four field biologists or archaeologists will enter the property to conduct the
surveys. The survcyorswill be wearing identification badges and safety vests. A placardwillbe
placed on the dashboard of each vehicle to identify it as a vehicle associated with the project.
Surveyors will park the vehicle(s) in a safe location to not impede traffic. Vehicles will not be
parked over dry grass or other flammable material. Surveyors will not drive on muddy roads and
will respect all posted parking restrictions. Fencing will not be altered or damaged during
surveys and all gates will be left in the stale found (opened or closed) when accessing survey
areas.
All survey work will be done on site by a Field Surveyor Team. The Team will walk
through the survey area to identify and document potential habitats or areas of concern. The
Field Survey Team will use a handheld computer tablet to help them navigate and to take notes
and photographs. In certain circumstances, small pits may be dug by hand to define wetland,
cultural resource boundaries or to assist with ground visibility as described in more detail in the
enclosed Right -of -Entry (ROE).
Work will generally occur on weekdays, but may occur on a weekend, between 7:00 a.m.
and 6:00 p.m. The length of time spent at each property will depend on case of access and the
size of resource being evaluated. Generally, surveys will be completed in 2-4 hours. Based on
seasonal variability and the resources to be evaluated, your property may need to be accessed
multiple times. We expect all surveys to begin in the spring of 2021 when the ground is not
frozen and the surface is snow free (April -October based on location). The surveys may extend
through spring of 2023.
Enclosed for your review are three copies of a Right of Entry (ROE). By completing and
signing the applicable signature block, you are granting written permission to the U.S.
Government, its agents, employees, and contractors to conduct the described field assessment
activities during the term oI'the permit. If you have no further questions, please retain one copy
of the ROE form for your records and return two signed copies in the enclosed, pre -addressed
and postage paid envelope. Upon receipt of your signed copies, the U.S. Government will
complete and return a fully executed copy for your records.
The Air Force has collaborated with the U.S. Army Corps of Engineers (USACE) to
obtain access to support the described survey work effort. If you have any questions regarding
this letter, you may visit the GBSD web site, speak with someone at the USACE office by
calling 1-800-265-9309 or you can make contact via email at ROEhelpdesk a,usace.army.mil
MlCI-IELL1EJE. STBRJNNG, Lt Col. USAF
Commander, 341st Civil -ngineer Squadron
Enclosure
RIGHT -OF -ENTRY AGREEMENT
FROM
To THE
UNITED STATES OF AMERICA
THE UNDERSIGNED hereinafter referred to as the "Grantor," hereby grants to the UNITED
STATES OF AMERICA, hereinafter referred to as the "Grantee" or the "Air Force," a right -of -entry
("ROE") upon Grantor's real property described and under the terms and conditions provided herein.
The Grantor and Grantee are sometimes collectively referred to as the "Parties" or individually, a "Party."
1. The Grantor hereby attests that Grantor is the legal owner of or holder of legal authority over the
property to allow access to the property described herein.
2. Description: The property that is the subject of this agreement is located in the State of
in (City/Town): , located at
(address/Property ID#):
(hereafter, "the Premises").
3. The Grantor hereby grants to the Grantee, including Grantee's officers, representatives, employees,
agents, or contractors ("Authorized Persons") a right to enter upon and access the Premises at any
time in order to conduct field surveys to assess the presence or absence of various Threatened &
Endangered (T&E) Species, Wetlands, and Cultural Resources. All survey work will be done
on foot.
3.1. Biological surveys would be conducted on the Premises to identify T&E Species of wildlife and
vegetation and their habitats along the potential utility corridors, and to support United States Air
Force (USAF) compliance with the Endangered Species Act and other biological resource -related
regulations. The surveys would not be conducted continuously, but rather would occur at discreet
times and locations depending on the appropriate time to investigate for a certain species and the
likelihood for the species to occur in a specific area. Biological surveys would consist of the Field
Survey Team walking over and conducting visual observations of the Premises, identifying species,
and recording data with handheld computer tablets, notes, photographs, and global positioning
system (GPS) coordinates.
3.2. Wetland delineations would be conducted on portions of the Premises identified as having
confirmed or potential Wetland areas. Wetlands are defined based on the presence of wetland
vegetation, wetland hydrology, and hydric soils. Methods for determining their presence or absence
are outlined in the U.S. Army Corps of Engineers' Wetland Delineation Manual. Wetland
delineations for project planning are anticipated to occur during the months of July, August, and
September. The work would include recording the locations with a GPS unit and photographing the
wetlands at representative locations on the Premises to illustrate conditions on the ground. To
Page 1 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
evaluate vegetation conditions, the Field Survey Team would observe and identify vegetation
species. Hydrology would be determined through visual observations of surface conditions such as
surface water, evidence of recent flow, or water -deposited debris. To evaluate the presence of hydric
soils, test pits approximately 6 inches in diameter and up to 24 inches deep may be dug by hand using
a tile spade at each wetland location and the soil observed; the soil would then be placed back into
the pit. If hydric soils are present, indicating a wetland, additional test pits would be dug in an
adjacent upland area to define the wetland boundary. For a listing of Wetland areas of interest on
the Premises to be assessed during this survey, please refer to Attachment I of the letter provided.
3.3. For Cultural Resource field surveys, the Field Survey Team will walk the Premises and
conduct visual observations to identify cultural resources. Resources that are identified will be
recorded using hand-held computer tablets, notes, forms, drawings, photographs, and GPS
coordinates. No artifacts will be collected. In certain circumstances, to identify the boundaries of an
identified cultural resource, small hand -dug subsurface trowel or shovel probes may be required.
These areas will not exceed six pits, 20 inches diameter by 20 inches deep, per identified resource.
If probes are necessary, all excavated soil will be placed back into the pits. If surface visibility is at
30 percent or lower in the survey area due to thick vegetation, such as near streams or water bodies,
similar shovel probes will be excavated periodically to observe subsurface conditions. If such probes are
necessary, all excavated soil will be placed back into the pits. Pits will not be left open overnight.
3.4. For all surveys, fencing will not be altered or damaged. All gates will be left in the state
found (opened or closed) when accessing the Premises.
4. The Grantor hereby also grants to Authorized Persons a right to enter upon and access the Premises
to engage in real estate planning activities, e.g. conduct appraisals or surveys, in the event the Grantee
may request use of the Premises at some future date.
5. This ROE includes the right of ingress and egress on other lands of the Grantor, provided such ingress
and egress is necessary and access to the Premises is not otherwise conveniently available to the Grantee.
6. The term of this ROE is five (5) years, commencing on the date of the signed right -of -entry. This
ROE may be renewed for an additional five (5) year term by mutual agreement of the Parties. An original
shall be maintained in the Air Force real property records.
7. Grantor agrees it will maintain reasonably safe Premises and a safe means of ingress and egress to
the Authorized Persons and safe access for the purposes provided in this agreement.
8. Grantee shall have sole responsibility for all costs and expenses relating to the Surveys.
9. Grantee agrees to take reasonable measures to avoid interference with normal activity on the Property.
10. Any tools, equipment, and other property taken upon or placed upon the Premises by the Grantee
shall remain the property of the Grantee and may be removed by the Grantee at any time within a
reasonable period after the expiration of this ROE, unless an alternative disposition of the tools,
equipment, and other property placed on the land by the Grantee is agreed to in a separate transaction.
Such disposition shall be in compliance with applicable laws.
Page 2 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
11. If any action of an Authorized Person in the exercise of this right -of -entry results in damage to the
Premises, the Grantee will, at its option, either repair such damage, ensure such damage is repaired, or
make an appropriate settlement with the Grantor. In no event shall such repair or settlement exceed the
fair market value of the fee interest of the Premises at the time immediately preceding such damage.
Nothing contained in this Agreement is intended to limit or waive the Government's protections or
defenses under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. The Grantee's liability under this
clause may not exceed appropriations available for such payment, and nothing contained in this right of
entry may be considered as implying that Congress will, at a later date, appropriate sufficient funds to
continue the purposes of this right of entry. The provisions of this clause are without prejudice to any
rights the Grantor may have to make a claim under applicable laws for any other damages than provided
herein.
12. Consistent with the Anti -Deficiency Act, any requirement for the payment or obligation of funds by
the Grantee in connection with this right -of -entry shall be subject to the availability of appropriated
funds, and nothing herein shall be interpreted to require obligation or payment of funds in violation of
the Anti -Deficiency Act, 31 U.S.C. §§ 1517, 1541-1542, and nothing in this ROE is intended to bind the
Grantee to commit, obligate, appropriate or spend funds in violation of the Anti -Deficiency Act and
other applicable law respecting Federal funding.
13. This agreement may be amended at any time by mutual agreement of the Parties in writing and
signed by a duly authorized representative of each of them
Please visit us at https://www.gbsdeis.com/.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES.]
Page 3 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
IN WITNESS whereof, this Right -of -Entry is made by Grantor this day of ,
20
[Complete applicable Option Below]
If Grantor Is an Individual owner:
(Sign):
Print Name:
Phone Number:
Email Address:
If Grantor Is a Company:
(Sign):
Print Name:
Title:
Legally Authorized Representative
Name of Company:
If Grantor Is not the property resident list the resident's information:
Print Name:
Phone Number:
Email Address:
Page 4 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
IN WITNESS whereof, I have hereunto set my hand by authority of the Secretary of the Air Force.
THE UNITED STATES OF AMERICA
MICHELLE L.E. STERLING, Lt Colonel, USAF
Commander, 341st Civil Engineer Squadron
Malmstrom Air Force Base
Page 5 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
I agree with Toby.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Bruce Barker
Wednesday, April 21, 2021 8:27 AM
Toby Taylor; Esther Gesick
Don Warden; Ryan Rose; Jennifer Finch; Karla Ford
RE: GBSD Right of Entry Request Letters
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Toby Taylor <ttaylor@weldgov.com>
Sent: Wednesday, April 21, 2021 8:14 AM
To: Esther Gesick <egesick@weldgov.com>
Cc: Don Warden <dwarden@weldgov.com>; Ryan Rose <rrose@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Jennifer Finch <jfinch@weldgov.com>; Karla Ford <kford@weldgov.com>
Subject: RE: GBSD Right of Entry Request Letters
I would think listing it as an item of communication would be fine.
This project is the replacement of the Minuteman III nuclear missile system that has facilities located in Weld County.
The construction effort will undoubtedly affect landowners for utility easements and Public Works maintained roadways
over the course of the next 2-5 years.
Toby Taylor
Director
Weld County Facilities Department
Weld County Veterans Services
1105 H Street
P.O. Box 758
1
Greeley, CO 80632
P: 970.400.2023
F: 970.304.6532
ttaylor@weldgov.com
From: Esther Gesick <egesick@weldgov.com>
Sent: Monday, April 19, 20218:20 AM
To: Toby Taylor <ttaylor@weldgov.com>
Cc: Don Warden <dwarden@weldgov.com>; Ryan Rose <rrose@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Jennifer Finch <*finch@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Karla Ford <kford@weldgov.com>
Subject: FW: GBSD Right of Entry Request Letters
Hi Toby,
Forwarding this along to you as Facilities Director, and also inquiring of the group if this would be useful as an item of
Communications for public record?
Please advise.
Thanks,
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Karla Ford <kford@weldgov.com>
Sent: Monday, April 19, 2021 7:21 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>; Don Warden <dwarden@weldgov.com>; Ryan Rose
<rrose@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Jennifer Finch <ifinch@weldgov.com>; Esther Gesick
<egesick@weldgov.com>
Subject: FW: GBSD Right of Entry Request Letters
FYI... Please see email below and also the attachments. I believe this is just to let you all know and what to do if you
receive questions.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford weldgov.com :: www.weldgov.com ::
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
2
1.
i t j r
.are
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: SEATON, EMILY R 2d Lt USAF AFGSC 90 MW/PA <emily.seaton.1@us.af.mil>
Sent: Friday, April 16, 2021 5:00 PM
Cc: COSLETT, JOSEPH A JR GS -12 USAF AFGSC 90 MW/PA <joseph.cosIett.1@us.af.miI>; HIGGINS, TERRY W GS -09 USAF
AFGSC 90 MW/PA <terry.higgins.1@us.af.mil>; JACKSON, JUAACKLYN R MSgt USAF AFGSC 90 MW/PA
<juaacklyn.jackson@us.af.mil>; PAMPE, CARLA A CIV USAF AFGSC AFGSC/PA <carla.pampe.3@us.af.miI>
Subject: GBSD Right of Entry Request Letters
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good Afternoon,
The Air Force
has recently sent right -of
-entry letters to landowners in missile
field
areas to begin the process for
preparing for
missile modernization,
GBSD. As county and state officials, you
may
receive queries about these letters.
A part of the prep for GBSD is the Environment Impact Survey (EIS) to fulfill responsibilities within the National
Environmental Policy Act. The government needs permission from landowners to enter private property in order to
conduct biological and cultural surveys for the EIS.
The attached public advisory is provided for your information and is releasable to the general public. Also attached is a
copy of the letter that went out to landowners who MAY be affected by the modernization proposal, as well as, the right
of entry agreement.
Queries from landowners about the specific scope or nature of the surveys should be directed to the U.S. Army Corps of
Engineers (USACE) office. They may visit the GBSD web site: www.gbsdeis.com, speak with someone at the USACE office
by calling 1-800-265-9309, or make contact via email at ROEhclpdesk@usace.army.mil
Very respectfully,
EMILY R. SEATON, 2d Lt, USAF
Media Operations Chief
90th Missile Wing Public Affairs
F.E. Warren AFB, Wyo
COM: 307-773-2886
Hello