Title
Presentation and Possible Approval of Granting Easement in Bayo Canyon to Department of Energy, Office of Legacy Management
Recommended Action
I move that Council approve the granting of an easement to the United States of America as described in Attachment A and authorize the County Manager to sign easement.
County Manager's Recommendation
The County Manager recommends that Council approve the item as requested.
Body
The Bayo Canyon Aggregate Area (BCAA) Site is a 350-acre site, formerly known as Technical Area 10 (TA-10) and part of the Los Alamos National Laboratory (LANL). Within the BCAA is the 1.5-acre Bayo Canyon site designated a Formerly Utilized Sites Remedial Action Program (FUSRAP) site. Historically, the area was used as a firing site for highly explosive experiments in conjunction with research on nuclear development. On July 1, 1967, the TA-10 land was transferred by quitclaim deed to Los Alamos County.
In the early 1960s, the U.S. Atomic Energy Commission cleaned up the BCAA site to existing standards, including demolition of structures, cleanup of surface debris, and excavation of contaminated waste disposal facilities. In 1976, LANL completed a second survey under FUSRAP that identified strontium-90 was present between 8 and 40 feet below the surface within the 1.5-acre FUSRAP site. In 1982, DOE selected a remedial action scenario comprising emplacement of six permanent monuments around the FUSRAP 1.5-acre site and prohibition of excavation of this area until 2142.
The purpose of the proposed easement (Attachment A) is to protect human health and the environment by providing current and future owners of the land awareness of the subsurface radiological contamination. With this easement, the County retains ability to excavate, but no deeper than 6620 feet mean sea level for roads and utilities (Paragraph 6). The property will continue to be subject to existing easements for public roads and highways, public utilities, and pipelines (Paragraph 9). Finally, DOE-LM will continue to provide notification of intent to access and will obtain necessary permits, licenses, and approvals in connection with activities to be conducted.
At the Council meeting, Alison Kuhlman, FUSRAP Site Manager, U.S. Department of Energy (DOE) Office of Legacy Management (LM) and Katherine Chester, Asset Management, U.S. Department of Energy Office of Legacy Management will give a presentation (Attachment B) on this item.
Alternatives
Council could not approve the granting of this easement and ask for changes to the easement document.
Fiscal and Staff Impact/Unplanned Item
There is no fiscal impact and minimal staff impact due to this item.
Attachments
A - Bayo Canyon Easement with Exhibit A
B - Presentation by DOE-LM