Manse . . -Nr-nuc- nnD?lGl?l NOTRRIQL 0F ORLERNS No a 2014?01162 DT atlaztta TYPE: 5 FEE: $136.00 PG: 37 assortment, Act of Sale Naval Support Activity ?East Bank?, New Orleans BE IT KNOWN that on the respective dates hereinafter set forth, but to be effective as of the fit-6? day of (Daft-Jr,? 2013, before the undersigned notaries public, duly commissioned and quali?ed for the state and aforesaid, and in the presence of the undersigned competent witnesses, personally came and appeared: The United States of America, acting by and through the Department of the Navy, BRAC Program Management Of?ce East, having a mailing address in of 4911 South Broad Street, Bldg. 679, Philadelphia, PA 19112, duly authorized hereto pursuant to Section 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990, as amended (title XXIX of Public Law No. 101-510, 10 U.S.C. 2687 note; the ?Base Closure Act?), hereina?er referred to as and the and The City of New Orleans, a local political subdivision of the State of Louisiana (the and recognized as the lecal redevelopment authority by the Of?ce of Economic Adjustment on behalf of the Secretary of Defense with regard to the disposition and conveyance of pertions of the former Naval Support Activity ?East Bank? New Orleans, Louisiana East Bank?) having a mailing address of 1340 Poydras Street, New Orleans, Louisiana 70112, appearing herein through its undersigned representative, duly authorized, hereinafter referred to as who declared and acknowledged that in accordance with the Base Closure Act and in consideration for the satisfaction of the obligations of PURCHASER to SELLER under that certain Economic Development Conveyance Memorandum of Agreement between the SELLER and the PURCHASER, dated 19,754,, if 2013 Agreemen SELLER hereby grants, bargains, sells, conveys, transfers, assigns, sets over, abandons, delivers, releases and relinquishes, AS IS and WHERE IS, without any warranties or recourse whatsoever of any nature or description, not even for return of the purchase price or any part thereof, and with full transfer and subrogation in and to any and all rights and actions in warranty which SELLER may have against all prior owners and/or proprietors of the preperty conveyed herein or any tenants who have used the property conveyed herein with or without permission (including all rights for damages of any nature, whether personal or real, against such former owners, proprietors, tenants or any other parties related to the property and any other right or action related to such former owners, proprietors, tenants or any other parties related to the Property, 1 4849-6684-0084.8 whether liberative or acquisitive) unto PURCHASER, accepting and purchasing for itself, its successors and assigns, the following described property (the That certain tract of immovable property situated in Orleans Parish, Louisiana more fully described on EXHIBIT A, attached hereto and made a part hereof (the ?Land?), together with: all buildings, improvements and other constructions situated or placed upon the Land (the ?Improvements?); all and singular the rights and appurtenances pertaining to the Land, including, but not limited to, any right, title and interest of SELLER in and to adjacent streets, roads, alleys, waterways, strips of land and gores of land to the extent that such right, title and interest exist; all rights, titles and interests of SELLER in and to all servitudes, easements, rights-of?way, rights of ingress or egress or other interests, if any, bene?ting the Land and/or the Improvements; all rights of acquisitive prescription that have accrued with respect to properties adjoining the Land; all personal rights and causes of action for damages to the Property, environmental contamination, trespass and other rights and actions pertaining to the Property against any prior owner or any third parties; all of assignable licenses and permits necessary for the ownership, operation, maintenance or development of the Land and the Improvements; and all movable property located on the Land. The possession and delivery of the Preperty is made and accepted by PURCHASER subject only to the permitted exceptions described on EXHIBIT B, attached hereto and made a part hereof (the Reference to the Permitted Exceptions is for infOrmational purposes only and shall not be construed as acknowledgement that the Permitted Exceptions now or have ever affected the Property. PURCHASER hereby appears, accepts and purchases for PURCHASER, and successors and assigns, and acknowledges due delivery and possession of, all and singular, the PROPERTY. TO HAVE AND TO HOLD the PROPERTY unto PURCHASER, its successors and assigns forever. Environmental Notices for the Pronertv I. Notice of Environmental Condition: Information concerning the environmental condition of the PROPERTY is contained in documents known as the Finding of Suitability to Transfer dated January 25, 2011, which is attached hereto and made a part hereof as EXHIBIT C, the receipt of which is hereby acknowledged by the PURCHASER. An 4849-6684-0084.8 Environmental Condition of Property report is referenced in the the POST and the BOP reference environmental conditions on the PROPERTY. The FOST sets forth the basis for the determination that the PROPERTY is suitable for transfer. PURCHASER hereby acknowledges that "it has been provided copies of the ECP and FOST. The speci?c environmental noti?cations and restrictions described in the POST and ECP, which are applicable to the PROPERTY, are contained in this Act of Sale. II. ACCESS RIGHTS. The UNITED STATES retains and reserves a perpetual and assignable easement and right of access 011, over, and through the PROPERTY, to enter upon the PROPERTY in any case in which an environmental response or corrective action is found to be necessary on the part of the UNITED STATES, without regard to whether such environmental response or corrective action is on the PROPERTY or on adjoining or nearby lands. Such easement and right of access includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, testpittin g, installing monitoring or pumping wells or other treatment facilities, response action, corrective action, or any other action necessary for the UNITED STATES to meet its responsibilities under applicable laws and as provided for in this Such easement and right of access shall be binding on the PURCHASER and its successors and assigns and shall run with the land. In exercising such easement and right of access, the UNITED STATES shall provide the PURCHASER or its successors or assigns, as the case may be, with reasonable notice of its intent to enter upon the PROPERTY and exercise its rights under this clause, which notice may be severely curtailed or even eliminated in emergency situations. The UNITED STATES shall use reasonable means to avoid and to minimize interference with the and the successors? and assigns? quiet enjoyment of the PROPERTY. At the completion of work, the work site shall be reasonably restored. Such easement and right of access includes the right to obtain and use utility services, including water, gas, electricity, sewer, and communications services available on the PROPERTY at a reasonable charge to the UNITED STATES. Excluding the reasonable charges for such utility services, no fee, charge, or compensation will be due the PURCHASER, nor its successors and assigns, for the exercise of the easement and right of access hereby retained and reserved by the UNITED STATES. In exercising such easement and right of access, neither the PURCHASER nor its successors and assigns, as the case may be, shall have any claim at law or equity against the UNITED STATES or any of?cer, employee, agent, contractor of any tier, or servant of the UNITED STATES based on actions taken by the UNITED STATES or its of?cers, employees, agents, contractors of any tier, or servants pursuant to and in accordance with this clause; Provided, however, that nothing in this paragraph shall he considered as a waiver by the PURCHASER and its successors and assigns of any remedy available to them under the Federal Tort Claims Act. Lead Based P1ai_nt Hazgrd Disclosure and Ailinowledgment: The PROPERTY may contain improvements that, due to their age, are presumed to have been painted with lead based paint because they are thought to have been constructed prior to 1978. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. 4849-6684-0084.8 A. Pursuant to 40 C.F.R. Section 745.113 and the POST, the following notice is provided: ?Every purchaser of any interest in residential immovable (real) property on which a residential dwelling was built prior to 1978 is noti?ed that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential immovable (real) property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller?s possession and notify the buyer of any known lead?based paint hazards. A risk assessment or inapection for possible lead-based paint hazards is recommended prior to purchase.? The PURCHASER will be responsible for managing all lead?based paint and potential lead-based paint hazards, including soil lead hazards, in compliance with all applicable Federal, State, and local laws and regulations. B. The PURCHASER shall be responsible for managing all LBP paint hazards and potential LBP hazards, including soil lead hazards that arise after the date of transfer, in compliance with the Residential Lead Based Paint Hazard Reduction Act of 1992, 42 .S.C. Section 4352d (?Title and all applicable Federal, State and local laws and regulations. The PURCHASER shall conduct soil sampling and, it' necessary, remediation after demolition and removal of demolition debris and prior to occupancy of any newly constructed dwelling units in a manner consistent with Title and Department of Housing and Urban Development guidelines. C. The PURCHASER hereby acknowledges the required disclosure of the presence of any known LBP and/or LBP hazards in target housing constructed prior to 1978 in accordance with Title X. SELLER agrees that it has provided to PURCHASER, and PURCHASER acknowledges the receipt of, available records and reports pertaining to LBP and/or LBP hazards and receipt of the Environmental Protection Agency (EPA) approved pamphlet: Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools. Furthermore, the PURCHASER acknowledges that it has read and understood the EPA pamphlet. D. The PURCHASER covenants and agrees that, in any improvements on the PROPERTY de?ned as target housing by Title and constructed prior to 1978, LBP hazards will be disclosed to potential occupants in accordance with Title before use of such improvements as a residential dwelling (as de?ned in Title X). Further, the PURCHASER covenants and agrees that it shall, or it shall require future transferees of the PROPERTY to, abate LBP hazards in any applicable target housing in accordance with the requirements of Title X, to the extent applicable, before use and occupancy as a residential dwelling, in accordance with applicable laws. "Target housing" means any housing constructed prior-to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than six (6) years of age resides, or is expected to reside, in such housing) or any zero-bedroom dwelling. E. The PURCHASER acknowledges that the SELLER assumes no liability for costs or any damages for personal injury, illness, disability, or death to the PURCHASER, or to any other person, including members of the general public, arising from or incident to the purchase, 4 4849-6684-0084.8 transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with LBP on the PROPERTY, arising after the conveyance of the PROPERTY from the SELLER to the PURCHASER, whether the PURCHASER has properly warned, or failed to properly warn, the persons injured. F. Upon execution of this Act of Sale, the PURCHASER covenants and agrees that it shall, and it shall require future transferees of the PROPERTY to, be responsible at its own cost and expense for the maintenance and management of LBP and LBP hazards located in the improvements on the PROPERTY, and the PURCHASER shall comply with Title and all applicable Federal, State, and local laws relating to LBP. IV. Asbestos Containing Materials Disclosure and Acknowledgment: PURCHASER hereby acknowledges that hazardous materials in the form of asbestos or asbestos containing materials have been found or are otherwise presumed to exist in buildings and structures on the PROPERTY. The FOST discloses the presence of known asbestos or ACM hazards. The PURCHASER agrees to manage any and all remaining ACM in accordance with applicable laws and regulations. A. SELLER covenants that it has provided to the PURCHASER all documentation in its possession regarding the presence of any known ACM, and the PURCHASER acknowledges receipt of documentation disclosing the presence of any known ACM in the buildings and structures on the PROPERTY. The PURCHASER covenants that it will, and it will require future transferees of the PROPERTY to, prohibit use or occupancy of buildings and structures, or portions thereof, containing known friable and accessible, or damaged ACM prior to abatement of the ?iable and accessible, or damaged ACM or demolition of the building or structure, to the extent required by applicable law. B. The PURCHASER covenants and agrees that it shall require, and it shall require future transferees of the PROPERTY, in its use and occupancy of the PROPERTY, including but not limited to demolition of buildings containing ACM, to comply with all applicable Federal, State and local laws relating to ACM. The PURCHASER acknowledges that the SELLER assumes no liability for costs or any damages for personal injury, illness, disability, or death to the PURCHASER, or to any other person, including members of the general public, arising from or incident to the purchase, tranSportation, removal, handling, use, disposition, or activity causing or leading to contact of any kind whatsoever with ACM in the improvements on the PROPERTY, arising a?er the conveyance of the PROPERTY from the SELLER to the PURCHASER, whether the PURCHASER has properly warned, or failed to properly warn the persons injured. C. The PURCHASER covenants and agrees that it shall, and it shall require funire transferees of the PROPERTY, upon demolition of the improvements located on the PROPERTY, remove all ACM in accordance with the EPA National Emission Standard for Hazardous Air Pollutants (NESHAP), 40 C.F.R. Section 61, Subpart and applicable State laws and regulations. V. Presence of Biphenvis (PCBs): The PURCHASER, its successors and assigns are hereby warned and do acknowledge that certain portions of the improvements, on the 4849-6684-0084.8 PROPERTY may contain PCBs. Prior to beginning any maintenance, alterations, demolition, restoration, or construction work affecting ?uorescent light ?xtures, the PURCHASER must determine if PCB ballasts are present. If present, PCB ballasts andfor fixtures must be disposed of in accordance with applicable Federal, State, and local laws and regulations relating to PCBs. The PURCHASER, its successors and assigns, covenant that in their use and occupancy of the PROPERTY they will comply with all applicable Federal, State, and local laws and regulations relating to PCBs. The PURCHASER, its successors and assigns are hereby warned and do acknowledge that buildings constructed or renovated between 1950 and 1978 have the potential to have PCBs contained within caulking, and those PCBs can migrate from the caulk into air, dust and surrounding material, such as wood, bricks and soil. Such materials must be handled, managed and disposed of during maintenance and/or renovations by the PURCHASER in accordance with applicable Federal, State, and local laws and regulations relating to PCBs. VI. Protection of Wetlands: The PURCHASER is hereby noti?ed that the PROPERTY may contain wetlands. In accordance with Section 4 of Executive Order 11990, ?Protection of Wetlands? dated May 24, 1977, PURCHASER is hereby noti?ed that wetland activities such as ?lling, draining or altering are regulated by Federal laws. Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or ?ll material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include ?ll for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. VII. Covenant for Archaeological and Historic Resources: Archaeological and historic resources listed in or eligible for the National Register of Historic Places (NRHP) may exist within the boundaries of the PROPERTY. The PURCHASER shall ful?ll the obligations set forth for the PURCHASER in the Memorandum of Agreement between the United States Navy, the City of New Orleans and the Louisiana State Historic Preservation Of?cer (LSHPO) signed October 30, 2012 (Historic MOA), marked EXHIBIT D, attached hereto and made a part hereof. Floodplain Notification. To the extent that any portion of the PROPERTY lies within a ?oodplain as de?ned in Section 6(c) of Executive Order No. 11988, Floodplain Management, dated May 24, 1977, construction, development and other uses of that portion of the PROPERTY could be restricted by the standards and criteria of the National Flood Insurance Program of the Federal Emergency Management Agency, or other applicable regulations. General Provisions IX. Conveyance is ?As Is Where Is?: Except as expressly set forth in this Act of Sale, the PROPERTY is sold by SELLER and purchased by PURCHASER IS, WHERE without any warranty whatsoever either expressed or implied, and even arising by operation of law, including, but not limited to, any Warranties of title, of ?tness for intended or ordinary use, condition, quality or habitability or warranties against hidden or redhibitory or latent defects or vices, or warranties against eviction, all of which are expressly and fully waived by PURCHASER. PURCHASER acknowledges and agrees that PURCHASER hereby waives any rights it may have: in redhibition for the rescission of this sale or reduction or retum of all or any portion of the purchase price by reason of any such defects or vices, pursuant to Louisiana Civil Code Articles 2520 through 2543, inclusive; (ii) under Louisiana Civil Code Article 2475 4849-6634-0084.8 relating to obligations with respect to delivery, ?tness, and hidden defects; and under Louisiana Civil Code Article 2500, which rights are hereby waived to the maximum extent permitted under Louisiana Civil Code Article 2503. PURCHASER hereby purchases and accepts the PROPERTY in its present condition, assumes all risks related to its condition and releases SELLER from all rights, claims, causes of action, liens, loss, damage, liabilities, costs and expenses (including reasonable attorneys? fees and consultants? fees, and all court costs) of any and every kind or character, known or unknown, ?xed or contingent, suffered or incurred by PURCHASER and/or any successors to PURCHASER on account of any causes of actions to which PURCHASER may now or hereinafter be entitled based on any aspect of the physical condition of the PROPERTY, including but not limited to vices or defects or other conditions of the PROPERTY, or any component parts thereof, whether known or unknown to PURCHASER, and whether or not discoverable by inspection, including conditions which, if known, would have deterred PURCHASER from entering into this conveyance. The waivers contained in this Section IX do not include nor relinquish, and PURCHASER hereby expressly reserves, all claims, rights and remedies that it has or may have against SELLER, under any other applicable Federal, State, and local environmental laws. X. Regarding Non-Discrimination: PURCHASER covenants for itself, its successors, and assigns and every successor in interest to the PROPERTY, or any part thereof, that PURCHASER and such heirs, successors, and assigns shall not discriminate upon the basis of race, color, religion, disability, or national origin in the use, occupancy, sale, or lease of the PROPERTY, or in their employment practices conducted thereon. This covenant shall not apply however, to the lease or rental of a room or rooms within a family dwelling unit, nor shall it apply with respect to PROPERTY used primarily for religious purposes. The UNITED STATES shall be deemed a bene?ciary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the PROPERTY hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction. XI. General Notice Provision: To facilitate such future cooperation, the following points of contact have been designated by the SELLER and PURCHASER: SELLER: Director NAVFAC BRAC Program Management Of?ce East 4911 South Broad Street Building 679 Philadelphia, PA 19112 4849-6684-0084.8 PURCHASER: City of New Orleans Cedric S. Grant, Deputy Mayor- Facilities, Infrastructure, and Community Development 1340 Poydras Street New Orleans, LA 70112 With a copy to: City of New Orleans City Attorney 1300 Perdido Street New Orleans, LA 70112 Kutak Rock, LLP 1 101 Connecticut Avenue, NW Suite 1000 Washington, DC 20036 Attention: George Schlossberg LSHPO: Louisiana State Historic Preservation Of?cer Of?ce of Historic Protection PO. Box 44274 Baton Rouge, LA 70804 XII. Ad Valorem Taxes: The Property is exempt from ad valorem taxes for the current year. PURCHASER assumes payment of any and all taxes respecting the PROPERTY for the year 2014 and all future taxes, if any. In accordance with Louisiana Revised Statutes section 9127203), future preperty tax and assessment notices are to be sent to the following address: City of New Orleans . Cedric S. Grant, Deputy Mayor Facilities, Infrastructure, and Community Development 1340 Poydras Street - New Orleans, LA 70112 Certi?cates: The parties hereto waive production of any and all certi?cates and/or researches required by law, including mortgage and conveyance certi?cates and tax researches, and do hereby relieve and release the undersigned notaries public from any and all responsibility or liability for the non?production thereof. XIV. Successors and Assigns: All agreements and stipulations herein, and all the obligations herein assumed shall inure to the bene?t of and be binding upon the heirs, successors, and assigns of the respective parties, XV. Counterparts: This Act of Sale may be executed in two or more counterparts by SELLER and PURCHASER, each of which so executed and delivered constitutes an original and both of which, taken together, constitute one and the same instrument. XVI. Binding Effect; Waiver. The conditions, restrictions, reservations, and covenants set forth in this Act of Sale, unless subsequently released, are a binding servitude on the 8 4849-6684-0084.8 shall inure to the bene?t of the SELLER and PURCHASER, their successors and assigns, and will be deemed to run with the land in perpetuity. The failure of SELLER to insist in any one or more instances upon complete performance of the conditions subsequent, terms, or covenants of this Act of Sale shall not be construed as a waiver of, or a relinquishment of right of future performance of any of those conditions subsequent, terms and covenants and the obligations with respect to such future performance shall continue in full force and effect. The conditions, servitudes, easements, rights of use, restrictions, reservations, covenants and obligations of the PURCHASER in this Act of Sale shall not be deemed to create or establish any vendor?s lien or privilege, resolutory condition, stipulation pour autrui or right of rescission in favor of any party affecting the PROPERTY, and SELLER expressly waives and renounces all such rights. SELLER expressly reserves the right to enforce the conditions, scrvitudes, easements, rights of use, restrictions, reservations, covenants and obligations of the PURCHASER by personal action for specific perfonnance andlor damages against the PURCHASER, its or assigns and any future owner or occupant of the Property, and by mandatory or prohibitory injunction, without the necessity of proving or establishing irreparable harm and without the necessity of posting bond or other security. XVII. Subdivision. This Act of Sale is subject to compliance with laws, ordinances, and regulations relative to the development of subdivisions in accordance with Louisiana Revised Statutes section 33: 14, et seq. Notwithstanding the foregoing, PURCHASER hereby waives any right whatsoever to rescind this Act of Sale based upon, and hereby indemni?es SELLER for any loss or damage incurred by SELLER as a result of, any noncompliance with Louisiana Revised Statutes section 33 :1 14, et seq. The remainder of this page is intentionally left blank THUS DONE AN PASSED BY SELLER 111 New Orleans, Louisiana, on the 5215? day of 2013 in the presence of the undersigned competent witnesses, who have hereunto signed their names, together with the appearers and me, Notary, after due reading of the whole SELLER UNITED STATES OF AMERICA By: Navy PMO 8% BY- (41? Irma Preston Print Name: 6mm 1511' at? 2411.14.02: 1s to Contracting Of?cer NOTARY PRINT NAME: MW 5; 1:721 ,1 jar/5.1, . .12. NO: KIT. 55?? MY COMMISSION EXPIRES: r! (af?x seal 1f out31de Lou1s1ana)owmhm I IS mum,? {fl LOUIS 01:13.11? 31? 1101131311111: (311.10: Phila. :11 yo: mm?: in. itesJur in 30 Wild. [Signatures Continue on Following Page] 10 meson-0084.8 THUS DONE AND PASSED BY PURCHASER in New Oileans, Louisiana, on the day of 0 66?, M2013 in the presence of the undersigned competent witnesses, who have heIeunto signed their names, together with the appearersc and me Notary, after due reading of the whole. - w-m?eytm? WITNESSES ?a . n'i' . - _f'r . . - Name: Mitchel .I - Title: Mayor If" Punt m1. MM wf? PUBLIC PRINT NAME: NO: MY COMMISSION EXPIRES: (af?x seal if outside Louisiana) ERICA N. BECK BAR ROLL 30000, Parish (IfOrleans My commission expires :11 my death. AND APPWUVEDI i 11 MEL Lew ?aps: Intent. City of New 0 @3115 1 1 4849-6684-0084.8 EXHIBIT A ALL THAT CERTAIN TRACT OR PORTION OF LAND SITUATED IN THE 3? DISTRICT OF THE CITY OF NEW ORLEANS, ORLEANS PARISH, LOUISIANA AND MORE PARTICULARITY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST INTERSECTION OF DAUPHINE STREET AND POLAND STREET AND RUN ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID DAUPHINE STREET FOR A DISTANCE OF 85.76 FEET TO A SET 5/8? IRON ROD BEING ON THE SOUTHERLY OF THE NEW ORLEANS PUBLIC BELT THENCE LEAVING SAID NORTHERLY OF DAUPHINE STREET AND RUN ALONG SAID SOUTHERLY RIGHT-OF-WAY OF THE NEW ORLEANS PUBLIC BELT RAILROAD NORTH 57 DEGREES 34 MINUTES 35 SECONDS EAST FOR A DISTANCE OF 511.14 FEET TO A SET 5/8? IRON ROD AND SAID POINT BEING THE POINT OF FROM THE POINT OF BEGINNING CONTINUE ALONG SAID SOUTHERLY RIGHTH OF THE NEW ORLEANS PUBLIC BELT RAILROAD NORTH 57 DEGREES 34 MINUTES 35 SECONDS EAST FOR A DISTANCE OF 358.21 FEET TO A SET 5/8" IRON ROD AND SAID POINT BEING ON A CURVE TO THE LEFT (COUNTERCLOCKWISE AND THENCE RUN ALONG SAID CURVE WITH A RADIUS OF 659.12 FEET, AN ARC LENGTH OF 289.87 FEET, A CHORD BEARING OF NORTH 47 DEGREES 02 MINUTES 33 SECONDS EAST AND A CHORD LENGTH OF 287.54 FEET TO A SET 5/8? IRON ROD AND SAID POINT BEING ON THE WESTERLY LINE OF TRACT THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY AND RUNNING ALONG SAID WESTERLY LINE OF TRACT 100A SOUTH 15 DEGREES 39 MINUTES 21 SECONDS WEST FOR A DISTANCE OF 512.00 FEET TO A SET 5/8? IRON THENCE LEAVING SAID WESTERLY LINE AND RUN NORTH 74 DEGREES 20 MINUTES 39 SECONDS WEST FOR A DISTANCE OF 389.07 FEET BACK TO THE POINT OF BEGINNING: SAID TRACT OR PARCEL OF GROUND CONTAINS 2.00 ACRES MORE OR LESS. EXHIBIT Permitted Exceptions Unrecorded Co-Use Agreement No. beginning September 23, 1983 and ending September 24, 2013. replaced Co-Use Agreement No. September 251 1958. for iimited ioint use of entire facility by Government. City of New Orleans and Public Belt Railroad. as a result of a dispute in ownership of dedicated servitude land. Agreement by and between New Orleans and Northeastern RR. 00., and United States of America dated November 28, 1941. recorded at COB 521, folio 8. Terms and conditions of all City Ordinances closing any portion of the property that was formerly a public street or right of way, including without limitation Ordinance numbers 5197, 5406 and 5423. Exhibit FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA Finding of Suitability to Transfer Naval Support Activity (East Bank) New Orleans, LA January 2011 fig-:5 4a" Thi??ilt51:; M. ?513' twig-?; aili- Prepared by: Base Realignment and Closure: Program Management Office Southeast 4130 Faber Place Drive, Suite 202 North Charleston, South Carolina 29405 FINDING 0F SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA TABLE OF CONTENTS Section Page Table of Contents i List of it List of Figures ii List of Attachments ii List of Appendices ii Abbreviations and 1.0 Purpose - 1 2.0 Property Description 1 3.0 Summary of Environmental Requirements and Notifications 1 3.1 Hazardous Substances 2 3.2 Comprehensive Environmental Response, Compensation, and Liability Acthesource Conservation and Recovery 3 3.3 Petroleum Products and Derivatives 3 3.4 Underground and Aboveground Storage Tanks 3 3.5 Munitions and Explosives of Concern 4 3.6 Asbestos Containing Material 4 3.7 Lead-Based Paint, Target Housing, and Residential Property 4 3.8 Polyohlorinated Biphenyis - . 4 4.0 5.0 Regulatory Agency Coordination . 5 6.0 Suitability Determination 6 FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA LIST OF FIGURES Figure 1 Site Location Map Figure 2 Naval Support Activity (EastBank) New Orleans, LA LIST OF ATTACHMENTS AttachmentA Asbestos Disclosure Attachment 8 Lead Based Paint Disclosure LIST OF APPENDICES Appendix A LDEQ Review and Comment on FOST Appendix References ii AST ACM ACBM BRRM CERCLA CERFA DMDA ECP EMR FOST LDEQ LQG LRA RMNCE MEC NAVSTA NFESC NPL PA PCBs RCRA SARA SPCC USEPA UST FINDING OF TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA ABBREVIATIONS AND ACRONYMS Aboveground Storage Tank Asbestos Containing Material Asbestos Containing Building Material Base Redevelopment and Realignment Manual (BRRM) Comprehensive Environmental Response, Compensation, and Liability Act Community Environmental Response Facilitation Act Dredge Material Disposal Area Environmental Condition of Property Electromagnetic Roll Finding of Suitability to Transfer Hazardous Waste Management Plan installation Restoration Program Louisiana Department of Environmental Quality Large Quantity Generator Local Redevelopment Authority Mine Warfare Center of Exceltence Munitions and Explosives of Concern Naval Station Naval Facilities Engineering Service Center National Priority List Preliminary Assessment Biphenyls Resource Conservation and Recovery Act Superfund Amendments and Reauthorization Act Spill Prevention Control and Countermeasures Plan United States Environmental Protection Agency Underground Storage Tank m: .- FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA 1.0 PURPOSE The purpose of this Finding of Suitability to Transfer (FOST) is to summarize how. the requirements and notifications for hazardous substances, petroleum products and other regulated materials on the property at the Naval Support Activity (NSA) (East Bank) New Orleans, Louisiana have been satis?ed. This FOST documents that the NSA (East Bank}, New Orleans, LA is environmentally suitable for transfer to the New Orleans Local Redevelopment Authority (LRA). This decision is based on review of information in the Environmental Condition of Property (ECP) Report for the NSA (East Bank) New Orleans, LA dated 2? April 200?. Factors leading to this decision and other pertinent information are listed below. 2.0 PROPERTY DESCRIPTION NSA New Orleans (East Bank) consists of approximately 25.33 acres of land located near river mite 92.8 on the East Bank of the Mississippi River in the City of New Orleans in Orleans Parish, Louisiana. The station is bounded by residential hoUslng on the west and north, the Inner Harbor Navigation Canal on the east and the Mississippi River on the South. There are 51 structures or facilities at the station that have been identi?ed with building or facility numbers by the Navy. The U.S. government also owns and operates the Poland Street Wharf on the east bank of the river adjacent to the station. The Poland Street Wharf has a 2,1,93-ft face and is used primarily by the Military Seaiift Command, but is atso leased to a private steamship corporation. The facility is dominated by three six story buildings that each contain over one-half million square feet of floor space. The land and the three buildings were originally developed in June of 1919 for the U.S. Army Quartermaster Corps for use as a general depot during World War 1. The buildings were used by the US. Army Quartermaster Corps until February 1931 when Buildings 601 and 602 were leased to the Board of Commissioners, Port of New Orleans. During World War II, the lease was canceled and the installation reverted to complete use by the military. During World War II, the of?cial station title became the New Orleans Port of Embarkation. In 1955, it was known as the New Orleans Army Terminai and in 1965 the name was changed to the New Orleans Army-Base. In June 1966, the New Orleans Army Base was transferred to the United States Navy. In July 1966 the property was designated the Naval Support Activity to reflect the changing mission of the station. The NSA New Orleans is on the 2005 BRAC list for realignment and the commands and tenants will be relocated to other federal facilities throughout the nation. Relocating these functions would remove the primary missions from the NSA New Orleans. FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA 3.0 SUMMARY OF ENVIRONMENTAL REQUIREMENTS AND NOTIFICATIONS The Base Redevelopment and Realignment Manual (BRRIVI) (March, 2006) outlines environmental conditions that'must be addressed in a the specific topics identi?ed in the BRRM are listed in Table 1. This Section summarizes the environmental conditions and actions taken and identi?es notification requirements related to hazardous substances, petroleum products, and other regulated materials. TABLE 1: ENVIRONMENTAL NOTIFICATIONS, COVENANTS. 0R RESTRICTIONS or Restrictions Required Environmental Conditions Yes Presence of Hazardous Substances (ResponselCorrective Action) Petroleum Products and Derivatives Aboveground and Underground Storage Tanks Munitions and Explosives of Concern Asbestos Containing Material Lead-Based Paint, Target Housing, and Residential Property Blphenyls Notes: CERCLA: Comprehensive Environmental Response. Compensation. and Liability Act RORA: Resource Conservation and Recovery Act 3.1 Presence of Hazardous Substances Under Louisiana Department of Environmental Quality (LDEQ) rules, Naval Support Activity is classified as Small Quantity Generator of hazardous waste because it generates less than 1,000 kilograms of hazardous waste (USEPA lD LA521-3599314) for the East Bank property. Accordingly, all hazardous wastes generated at NSA New Orleans are initially collected at satellite accumtrlation points and when the container at the satellite accumulation point is full the container is moved to the 90?Day Storage Area on the southeast side of Building 602. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 120 requires that each deed entered into the transfer of federal property on which hazardous substances were stored,,released, or disposed of shall include a notice of the type and quantity of hazardous substances and the time at which such storage, release, or disposal took place. This requirement was codified in 40 Code of Federal regulations Part 373, which provides that the notice applies only when hazardous substances are or have been stored in quantities greater than or equal FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA to 1,000 kilograms (or 1 kilogram for ?acutely" hazardous waste) or the hazardous substance's CERCLA reportable quantity. Based on the applicable criteria, no hazardous substances were stored, released, or disposed at NSA New Orleans and; as such, the CERCLA 120(h)(3) notice is not required. 3.2 Comprehensive Environmental Response, Compensation, and Liability Act! Resource Conservation and Recovery Act The Navy developed the Installation Restoration Program (IRP) to address hazardous and toxic releases addressed and the Resource Conservation and Recovery Act (RCRA). The IRP adheres to all applicable reqdirements, including those issued by the United States Environmental Protection Agency (USEPA), CERCLA, and the Superfund Amendments and Reauthorization Act (SARA) of 1986. The National Priority List (NPL) is the list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the U.S. and its territories. The NPL is intended primarily to guide the USEPA in determining which sites warrant further investigation. The Navy has not identified any installation restoration program (IRP) sites at NSA New Orleans and the station is not on the NFL according to station personnel and veri?cation of the NPL (USEPA 2007). No events have occurred that triggered listing the NSA New Orleans on the NPL, and no IRP sites have been identi?ed at the NSA New Orleans, LA. Further, no hazardous substances were known to be released or disposed on NSA New Orleans. 3.3 Petroleum Products and Derivatives There are no Underground Storage Tanks (USTs) at the East Bank NSA New Orleans, LA. There are multiple above ground storage tanks located at the East Bank facility NSA New Orleans, LA. in as such, the property has been designated uncontaminated as stated in Section 3.2. 3.4 Aboveground Storage Tanks and Underground Storage Tanks Nine above aboveground stand alone storage tanks and two self-contained tanks associated with emergency generators are on the East Bank property at NSA New Orleans. Two of these self-contained ASTs (12,000 gallon gasoline storage tanks each) are planned for removal at the request of the local reuse authority to meet their reuse needs. There has been a reported release of diesel fuel from an AST andior associated piping on June 21, 2001. This was a diesel fuel spill that occurred in an area south of Building 602 where underground piping leaked beneath paved Third Street between Building number 602 and two diesel fuel ASTs. The area was removed of visible free product, the electrical vault was pressure washed, and contaminate soil FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA was excavated by October 2001. A document from LDEQ was received in June 2004 stating that no further action is necessary for this spill site. 3.5 Munitions and Explosives of Concern Munitions and explosives of concern (MEG) consist of the storage, handling, and ?ring of small arms ammunition. Small arms and small arms ammunition are stored at Building 601. Upon the closure of the installation, all small arms and ammunition will be removed from Building 601. Live fire training occurs on the West Bank portion of NBA New Orleans in a portable ?ring range, but no live ?re training is known to have occurred on the subject property. Station personnel have indicated that there is no known unexploded ordnance (UXO) at NSA New Orleans. 3.6 Asbestos According to facility personnel, a complete asbestos survey has not been completed for NSA New Orleans. Due to the date of construction of many of these facilities (prior to 1980), the presence of asbestos containing materials is generally likely. Many of these buildings have been inspected for asbestos on an as needed basis prior to beginning renovation or repair projects. Of the 51 numbered structures on NSA New Orleans East Bank. 3 have confirmed to contain asbestos containlng material (ACM), one has suspected ACM based on a visual inspection, 3 have been inspected and documented to have no ACM, and no documentation is available for the remaining structures. Any existing asbestos containing material (ACM) is considered in compliance with applicable laws, regulations, and standards. Further, any existing ACM is not a threat to human health and the environment at this time. The transfer deed will contain an ACM disclosure, as a de?nitive asbestos survey was not conducted. Attachment A contains the asbestos containing material hazard disclosure and acknowledgement form (non-residential structures). 3.7 Lead-Based Paint, Target Housing and Residential Property" According to site personnel, a complete lead based paint (LBP) survey has not been completed for the station. Due to the date of construction of many of the station buildings (prior toiQBD), the presence of LBP is generally likely. Some of the buildings at the station have been inspected for LBP on an as needed basis priorto beginning renovation or repair projects. Of the 51 numbered structures at NSA New Orleans East Bank, one has been confirmed to contain LBP and there was no documentation available for the remaining structures. As such Hazard Notice has been provided as Attachment to this FOST. FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans. LA 3.8 Biphenyls According to station personnel all transformers on the NSA New Orleans are owned by the station and are PCB?free. There are no known PCB-containing.transformers or equipment at NSA New Orleans East Bank. Fluorescent light ballasts manufactured prior to the early 1980s also may have contained PCBs. The station ls outfitted with fluorescent lights in many buildings. Station personnel stated that PCB ballasts are not present at NSA New Orleans East Bank. . 4.0 RECOMMENDED CONTENT OF DEED This section provides recommended content to be included in the deed of transfer for the subject property. a. No restrictions for environmental factors that pose constraints exist. b. A clause granting the United States access to the property in any case in which remedial action or corrective action is found necessary at the property after the date of such transfer. 5.0 REGULATORY AGENCY COORDINATION A Draft FOST was provided to the LDEQ for review and comment on September 22, 2010. Comments were received from the LDEQ in a letter dated October 2010. The Navy has incorporated LDEQ comments into this FOST as appropriate. The LDEQ letter and the Navy response are included as Attachment A. .. Inf? 11.151111111111111 g?h?im .1 1 .. 1, ?191 cove?anfset? mu beaunt?aifa mina?f?? wafer tra'nsf? southeast FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA runa- Awmam IMP- I?ll-H: :?ty?m;w .- - '5 -: FINDING 0F. SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA Figure 2 sushi?M - m'?q'otitw - Lansi?al 552' Rim-4 FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans. LA ATTACHMENT A ASBESTOS CONTAINING MATERIAL DISCLOSURE AND ACKNOWLEDGEMENT I: FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT-ACTIVITY (East Bank) New Orleans, LA ASBESTOS-CONTAINING MATERIALS HAZARD DISCLOSURE AND ACKNOWLEDGMENT FORM (NON-RESIDENTIAL STRUCTURES) ASBESTOS WARNING STATEMENT YOU ARE ADVISED THAT CERTAIN BUILDINGS WITHIN THE NAVAL SUPPORT ACTIVITY (EAST BANK) NEW ORLEANS, LA HAVE ASBESTOS-CONTAINING MATERIALS. INDIVIDUALS (WORKERS) MAY SUFFER ADVERSE HEALTH EFFECTS AS A RESULT OF INHALATION EXPOSURE TO ASBESTOS. THESE ADVERSE HEALTH EFFECTS INCLUDE ASBESTOSIS (PULMONARY FIBROSIS) AND MESOTHELIOMAS (BENIGN 0R MALIGNANT TUMORS). ACKNOWLEGEMENT I aclmowledge the following: (1) I have read and understand the above?stated Asbestos Warning Statement. (2) 1 have received from the Government the following document(s): The Environmental Condition of Property for the Naval Support Activity (East Bank} New Orleans, LA dated April 27, 2007 and the Finding of Suitability to Transfer the Naval Silpport Activity (East Bank) New Orleans, LA representing the best information available to the Government as to the presence of and condition of asbestos-containing?materials hazards in the building covered by this transfer (deed). (3) I understand that my failure to inspect or to become ?illy informed of the condition of all or any portion of the property o?hred will not constitute grounds for any claim or demand for adjustment or withdrawal of any bid or other made after its opening or tender. . (4) I understand that, upon execution of this transfer (deed), I shall assume full responsibility for preventing future asbestos exposure by properly managing and maintaining or, as required by applicable federal, State, or local laws or regulations, for abating any asbestos hazard that may pose a risk to human health. Transferee (or duly authorized agent) Date 10 FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA LEAD BASED PAINT HAZARD DISCLOSURE AND ACKNOWLEDGMENT FORM (NON-RESIDENTIAL STRUCTURES) LEAD WARNING STATEMENT YOU ARE ADVISED THAT CERTAIN BUILDINGS CONSTRUCTED PRIOR TO 1978 MAY PRESENT EXPOSURE TO LEAD FROM LEAD-BASED PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF DEVELOPING LEAD POISONING. LEAD POISEIONING YOUNG CHILDREN MAY PRODUCE PERMANENT NEUROLOGICAL DAMAGE. YOU ARE FURTHER ADVISED THAT LEAD POISONING ALSO POSES A PARTICULAR RISK TO PREGNANT WOMEN. WORKERS MAY ALSO SUFFER ADVERSE HEALTH EFFECTS FROM LEAD DUST OR FUME EXPOSURES. ACKNOWLEGEMENT - I acknowledge the following: 1) I have read and understand the above/?stated Lead Warning Statement. 2) I have received from the Government the following The Environmental Condition of Property for the Naval Support Activity (East Bank) New Orleans, LA dated April 27, 2007 and the Finding of Suitability to Transfer the Naval Support Activity (Iisst Bank) New Orleans, LA representing the best information available to the Government as to the presence of Lead-Based Paint and Lead ?Based Paint hazards in the buildings covered by this transfer (deed). 3) I understand that my failure to inspect or to become fully informed of the condition of all or any portion of the property offered will not constitute grounds for any claim or demand for adjustment 0r withdrawal of any bid or offer made after its opening or tender. 4) I understand that, upon execution of this transfer (deed), I shall assume full responsibility for preventing future lead exposure by properly managing and maintaining or, as required by applicable federal, State, or local laws or regulations, for abating any lead-based paint hamrd that may pose a risk to human health. Transferee (or duly authorized agent) Date 11 FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans, LA APPENDIXA - LDEQ REVIEW AND COMMENT LETTER 12 October 27, 2010 Ms. Thuane B. Fielding Department of the Navy Base Realignment and Program Management Southeast 4130 Faber Place Dr, Ste 202 North Charleston, SC 29405 RE: CERFA and Finding of Suitability to Transfer Naval Support Activity East Bank; AI 11861 New Orleans, LA Dear Ms. Fielding: The Louisiana Department of Environmental Quality, Of?ce of Environmental Assessment acknowledges receipt of two documents, the Community Environmental Reaponse Facilitation Act (CERFA) determination, and Finding of Suitability to Transfer (F 0ST) for; the referenced facility, under cover letter, dated September 22, 2010. Speci?cally, the Navy is requesting review and concurrence with both documents. The following comments are provided for your consideration. CERFA identi?cation: To quote the submittal, ?the statutory authority for the identi?cation of uncontaminated property at NSA New Orleans, East Bank, is Title 42, United States Code, Section 9620 entitled: ?identi?cation of uncontaminated property,? CERFA, Public Law 102- 425, October 19, 1992, amended Section 120(h) of CERCLA and stipulates that the federal government must identify ?uncontaminated property? scheduled for transfer. Uncontaminated property is de?ned as property on which no hazardous substances and petroleum products or their derivatives were known to have been released, or disposed of? Letter to Ms. Thu'ane B. Fielding October 28, 2010 Page 2 While there has not been an opportunity to explore the legal interpretation of this statute, the Department questions how the Department of Navy is able to make this determination, given that there has been one, if not two distinct releases of fuel-related substances at the facility. One is the repented release of diesel fuel from an above-ground storage tank (AST) and/or associated piping in June 2001, that occurred in an area south of Building 602 where underground piping leaked beneath (paved) Third Street between Building 602 and two diesel ASTs. This release was remediated and achieved No Further Action (NFA) by the Department on June 11, 2004. In the ?le, there is record of another release from Gasoline Service Station (Building 770). That site had been used as a warehouse (Building 680) to store ?ammable and hazardous materials from 1957 1988. This site was also evaluated and achieved Departmental NFA status on June 11, 2004. In view of the foregoing, the Department believes it would be more accurate to state that the property has had releases of petroleum and petroleum-related substances that have been properly investigated and received regulatory concurrence for No Further Actionat This Time. Whether the Navy is able to categorically state that the property is ?uncontaminated? was not within the scope of this revrew. FOST The header to the first page identi?es the site as ?Naval Station Ingleside Electromagnetic Roll Facility, Ingleside, Texas. This should be corrected to re?ect the Naval Support Activity East Bank. Section 3.2, paragraph 2, last sentence: . ..Further, no hazardous substances were known to be released or disposed on NSA New Orleans.? In view of the releases reported to have occurred on the site, the Department cannot concur with this statement. A more accurate statement would be that ?reported releases to the environment were investigated and resolved to the satisfaction of the or something similar. Section 3.3, Petroleum Products and Derivatives: From the ?le review, it is evident that the NSA was at one time part of the larger (former) New Orleans Military Ocean Terminal, which did have underground storage tanks (some of which were closed out or replaced, with at least one having leaked). Those tanks were located on property immediately to the east [according to the facility border indicated on the ?gure accompanying this submittal] and was formerly leased from the ?Dock Board.? The status of these tanks could not be determined from the tile review. if that eastern parcel was never part of NSA, then this concern may not be an issue. Letter to Ms. Thuane B. Fielding October 28, 2010 Page 3 Section. 3.5, Munitions and Explosives of Concern: The accompanying Environmental. Conditions Report (ECR) does not indicate whether any investigation of Building 601 (used to store small arms and ammunition) was conducted. The documentation submitted does not appear to indicate the preposed use of this military facility. If the New Orleans Local Redevelopment Authority (LRA) does not intend to use this building, the Department recommends at least screening the building for munitions constituents to ensure that any potential contaminants are removed before reuse. Section 3.6, Asbestos: the FOST ?atly states ?According to facility personnel, a complete asbestos survey has not been completed for NSA New Orleans.? In the following paragraph, it states ?Any existing asbestos containing material (ACM) is considered in compliance with applicable laws, regulations, and The Department disagrees with this latter statement because there is no supporting documentation to make such an assertion. Section 3.8, Biphenyls: This section could be stronger had some documentation demonstrating the age of the transformers and ?uorescent lighting ballasts been included. Section 4.0; Recommended Noti?cations, Covenants, and Restrictions for Environmental Factors That Pose Constraints: The Department concurs with the inclusion of CERCLA 120(h)(4) COVenants regarding the responsibility of the U.S. government to conduct additional remedial actions as needed, however, this is generally limited to actions in response to releases that are demonstrated to be due to past activities during the time that the property was under the control of the US Government- The clause granting the US access to the property when conducting future remedial activities is appropriate. General Comment Regarding The CERFA and FOST only address hazardous substance releases, yet the ECR addresses other issues of environmental concerns. Storage of radiological source material in a small fenced enclosure south of Building 602: This material was apparently used by the US Marine Corps. If the LRA intends continued use of such facilities, then transfer may well be appropriate, however, if such is not the case, then the materials should be removed from the premises as soon as possible to prevent possible releases. At the time of the ECR, the onsite dental facilities generated a limited amount of medical wastes in building 601. All medical wastes should be removed from the premises before property transfer. Historical use of Building 601 also includes mixing of pesticides, herbicides, and rodenticides, for Letter to Ms. Thuane B. Fielding October 28, .2010 Page 4 application elsewhere on the installation. No record could be found of any investigation to determine whether any releases of these materials has occurred in the past from this location. All hazardous wastes, universal wastes and other material generated by current occupants should also be removed from the premises before transfer of the property. All future correspondence in this matter should be in triplicate and addressed to Mr. Thomas F. Harris, Administrator Office of Environmental Assessment Louisiana Department of Environmental Quality P. O. Box 4313 Baton Rouge, LA 70821 ?43 13 If you have questions concerning this response please contact Mr. Mike Miller at (225) 219-3 524. Sincerely, Michael S. Miller, ESL-3 Remediation Services Division 0: Imaging Services GW DEPAHTHENT OF THE NAVY ease AND cLosum: vacuum MANAGEMENT. omen summer 4130 Phase carve SUITE 202 Noam CHARLESTON, so zeros S'er BPMOSE rdc/0047 31 Jan 1 1 Mr. Thomas F. Harris, Administrator Of?ce of Environmental Assessment Louisiana Department of Environmental Quality P. O. Box 4313 Baton Rouge, LA 70821-4313 Dear Mr. Harris: This letter is in response to comments provided by your Of?ce of Environmental Assessment on the Community Environmental Response Facilitation Act (CERFA) determination, and Finding of Suitability to Transfer (POST) for the Naval Support Activity - East Bank, New Orleans. Regarding the CERFA determination, the Navy concurs with the Department?s opinion that the transfer parcel does not fit the de?nition of ?uncontaminated property? as provided for on 42 U.S.C. 9620(h)(4) due to the release of petroleum products on the property. Accordingly, the Navy is rescinding its CERFA determination request. Regarding your comment on Section 3.2, paragraph 2, last sentence, based on the Navy?s Environmental Condition of Property Report (ECP) of April 2007, there is no evidence of the storage, release, or disliosal of hazardous substances as defined in CERCLA 120(h)(3). While the Navy acknowledges the petroleum releases referenced in the Department?s comments, these releases do not fit the de?nition of hazardous substances as defined by 40 can 302.4. Your discussion on- Section 3.3, Petroleum Products and Derivatives, refers to underground storage tanks on the New Orleans Mlitary Ocean Terminal to the east of the NSA property. This New Orleans Military Ocean Terminal is not included in the subject property to be transferred. All small arms and ammunition will be removed by the Marines before leaving the property. Language has bun added to the POST to clarify. The current reuse plan from the Local RedeveloPment Authority (LRA), New Orleans East Bank Advisory Task Force calls for the use of Building 601 for a Regional Disaster Management Center. As no small arms have been discharged in this facility, the Navy does not concur with the Department?s recommendation to screen the building for munitions constituents. Ser BPMOSE 'rdc/OO47 31 Jan 11 Regarding asbestos in buildings and PCBs in ?uorescent light ballasts, the Navy isfollowing policy for. the disclosure of available. information on these environmental conditions to . the property recipient Prior to vacating the property, the Marines will remove all wastes and hazardous materials from the property. The Navy will conduct a joint inspection of the premises with the recipient prior to transfer. I am available at your convenience to discuss any details of the enclosed documents. Should you have any questions, please contact me at (843) 743-2130 or by email at david.criswe11@navy.mil. R. DAVID CRISWELL Deputy Base Closure Manager Sincerely, Encl: (1)_Finding of Suitability to Transfer Naval Support Activity East Bank, New Orleans FINDING OF SUITABILITY TO TRANSFER NAVAL SUPPORT ACTIVITY (East Bank) New Orleans. LA Navy 2007. Environmental Condition of Property Report for the Naval Support Activity (East Bank) New Orleans, LA, 27 Aprll 2007. 14