I LLIN OI S ENVIRONMENTAL PROTECT ION AG ENCY

102 1 N ORTH GRAND AVEN UE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 -- ( 217) 782-3397

JAMES R. T HOMPSO N CENTER, 100 WES T RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026

ROD R . BLAGOJEVICH, GOVERNOR

(217) 782-9292

December 31, 2008

US Army Engineer DistrictLouisville District Corps of EngineersCELRL-PM-M-E, Room 183Mr. Walter D. PerroPO Box 59Louisville, KY 40201-0059

DOUGLAS P. SCOTT, DIRECTOR

Refer to: 1058225001 - Livingston CountyUSAF DEW Line Training Station (Streator)Superfund/Technical Reports

USAF DEW Line Training Station, Streator, Illinois, Property NumberE05IL3343, IL - FUDS Ineligibility Determination for Property

Dear Mr. Perro:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the subject documentdated April 5, 2008 (attached). The Illinois EPA cannot concur with the determination at thistime.

The United States Army Corps ofEngincers (U.S . ACE) claims that the Government neverowned, leased, or otherwise possessed the property or had control of day-to-day operations at thefacility, but was leased and operated directly by private companies during the period ofconstruction and operation. According to the U.S . ACE, this makes the property ineligible forthe Formerly Used Defense Sites (FUDS) Program in accordance with Engineer Regulation 200­3-1, paragraph 3-1.5.3.2.

Paragraph 3-1.5.3 .2 states:

"3-1.5.3.2 Non-DoD Ownership. This includes properties that were not under thejurisdiction ofthe Secretary and owned by, leased by, or otherwise possessed bythe United States (including governmental entities that are the legal predecessorsofDoD [Department of Defense] or the Components. "

First, the U.S. ACE states that Western Electric Company provide overall management of theplanning, design, and construction of the facility on behalf of the Secretary of Defense. The U.S.ACE goes on to state that no recorded land agreements (e.g., deeds , leases, Right ofEntry, etc.)

ROCKIORIJ - 4302 North Ma in Street, Rockford, IL 611en - (81.1)987 -7760 • [)ES PLAINlS - 9.111 W . Harrison St., Des Plaines, IL 60016 - (84 7) 294 -4000EI (;IN - ')9') South State, Elgin, IL 60123 - (847) 608 -113 1 • PFORIA - 5415 N. University St., Peoria, II 61614 - (309) 693 -.1463

BUREAU 01 LAND - I' IORIA- 7620 N. University St., Peoria, IL 616 14 - Cl09) 693 -')462 • CHAMPAI(;N - 212.1 South First Street, Champaign, IL 61820 - (217) 278-.1 800SI'RIN(;m W - 4')00 S. Sixth Street Rd., Sprin gfie ld, IL 62 706 - (217) 786 -6892 • COI.I.lNSVIlll - 2009 Mall Street, Coll insv ille, IL 6223 4 - (618) 346 -5120

MARION - 2309 W . Ma in St., Suite 116, Marion, IL 629 .19- (618) 993 -7200

PRINTeD ON RrcyCirn PAPER

USAF DEW Line Training Station, Streator , Illinois, Property Number E05IL3343, IL - FUDS IneligibilityDetermination for PropertyDecember 31, 2008Page 2 of2

between the property owner and the U.S. Government or Western Electric Company could befound. The only lease agreements found were for the period of 1972 through 1978 between theland owners and ITT Arctic Services, Inc. There is a twenty-year gap in the land agreementsfrom 1952 to 1972 and a four year gap from 1978-1982. The absence of this information issignificant in determining the actual ownership or lease terms of the property during those times.

The lease with ITT Arctic Services stated that all fixtures , equipment apparatus, and structuresinstalled and improvements made were the property of ASI and/or the U.S. Government. TheFindings of Fact also states the U.S. Government paid for the improvements to the property andfor contractor oversight of the day-to-day operations at the facility . The U.S. ACE also recordedan Air Force contract number from equipment inside one of the buildings. This suggests theU.S. Government had an ownership stake in the property. The Illinois EPA questions if this fallsunder the "otherwise possessed" provision of paragraph 3-1.5.3.2 . The definition of "otherwisepossessed" needs to be clarified.

Aside from the eligibility determination under the FUDS Program, the Illinois EPA believes theAir Force's involvement at the site would cause the Air Force to be a suspected potentiallyresponsible party under CERCLA ifthere is contamination associated with site activities fromthe active period.

If you have questions, require additional information, or find these statements to be inconsistentwith previous discussions , please contact me at (217) 782-9292, bye-mail atchristopher.hil/@illinois.gol' , or by written correspondence.

Sincerely,

Christopher A. Hill, P.E.Federal Facilities UnitFederal Site Remediation SectionDivision of Remediation ManagementBureau of Land

'tU~C:BAC:CAH:cah: C:\FUDS\USAF DEW Line Streator\081231 Ineligibility Determination Comments.doc

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DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, LOUISVILLE

CORPS OF ENGINEERS P.O. BOX 59

LOUISVILLE, KENTUCKY 40201-0059

http://www.lrl.usace.army.mil/

April 5, 2008

Planning, Programs, and Project Management Division Military Project Management Branch Environmental Section Mr. Bob Carson Illinois Environmental Protection Agency Bureau of Land 1021 North Grand Avenue East, P. O. Box 19276 Springfield, IL 62794-9276 Re: USAF DEW Line Training Station, Streator, Illinois, Property Number E05IL3343, IL - FUDS Ineligibility Determination for Property Dear Mr. Carson: The enclosed (encl 1) memorandum SUBJECT: Defense Environmental Restoration Program - Formerly Used Defense Sites (DERP-FUDS) Findings and Determination of Eligibility (FDE) for USAF DEW Line Training Station, Streator, Illinois, Property Number E05IL3343, dated June 5, 2007, determined that Department of Defense (DoD) ownership or jurisdiction of the subject property could not be substantiated. Although the U.S. Government may have provided funding for the construction and operation of the facility, there is no indication that the Government owned, leased, or otherwise possessed the property or had control of day-to-day operations at the facility. Conversely, there are indications that the property was leased and operated directly by private companies during the period of construction and operation. Therefore, per Engineer Regulation 200-3-1, dated 10 May 2004, Formerly Used Defense Sites (FUDS) Program Policy, paragraph 3-1.5.3.2, this property is ineligible for inclusion in the FUDS program. Request IEPA concurrence on this ineligibility determination. However, should information not previously known to exist become available, the property will be reconsidered for inclusion in the DERP-FUDS program. If you have any questions I can be contacted by phone at (502) 315-6832 or by e-mail at walter.d.perro@usace.army.mil.

Sincerely, encl Walter D. Perro Senior IL FUDS Project Manager Copy furnished: CELRD-PDM, Patty Bertsch

DEPARTMENT OF THE ARMYu.s. ARMY ENGINEER DIVISION, GREAT LAKES AND OHIO RIVER

CORPS OF ENGINEERS550 MAIN ST.

CINCINNATI, OH 45202

CELRD-PDM (200-1c) JUN I) Z007

MEMORANDUM FOR Commander, Louisville District

SUBJECT: Defense Environmental Restoration Program - Formerly Used Defense Sites(DERP-FUDS) Findings and Determination of Eligibility (FDE) for USAF DEW Line TrainingStation, Streator, Illinois, Property Number E05IL3343

1. Reference CELRL-ED-E-E memorandum, 24 May 2007, SAB (Encl 1).

2. The FDE concluding that the property is ineligible for inclusion in the FUDS Program hasbeen signed and is included as part of Encl 1.

BRUCE A. BERWICKBrigadier General, US ArmyCommanding

1 Encl

3. Please ensure that this determination is reflected in the FUDS Management and InformationSystem (FUDSMIS) and copies of this determination are provided to the current landowner andlead regulatory agency.

CF:CELRL-ED-E-ECEHNC-OE-CX

·-

CELRL-ED-E-E

DEPARTMENT OF THE ARMYu.s.ARMYENGINEER DISTRICT, LOUISVILLE

CORPSOF ENGINEERSP.O. BOX59

LOUISVILLEKY 40201-0059

http:/tNww 1M Ysace.anny.miV

MAY 24 2007

MEMORANDUM FOR Commander, Great Lakes and Ohio River Division,ATTN: CELRD-PDMlPatty Bertsch, P.O. Box 1159, Cincinnati, Ohio 45201-1159

SUBJECT: Defense Environmental Restoration Program - Formerly Used Defense Sites(DERP-FUDS) Findings of Determination of Eligibility (FDE) for USAF DEW Line TrainingStation, Streator, Illinois, Property Number E051L3343

1. Reference ER-200-3-1, Environmental Quality , Formerly Used Defense Sites (FUDS) ProgramPolicy, Department of the Army, U.S. Army Corps of Engineers, Washington, D.C., 20314,10 May 2004.

2. This memorandum transmits the FDE for the subject DERP-FUDS property . The UnitedStates Air Force (USAF) Distant Early Warning (DEW) Line Training Station property has beendetermined to be an ineligible property under DERP-FUDS. The property was not under thejurisdiction of the Secretary of Defense and was not owned by, leased to, or otherwise possessedby the United States.

3. Office of Counsel and Real Estate have reviewed this FDE and concur with the propertyeligibility determination.

4. Request you review and sign this FDE under the DERP-FUDS Program. If you have anyquestions, please contact Ms. Nora Hawk at 502-315-63 75.

I Enclosure L YMOND .Colonel , Co ' :n i rsCommander and District Engineer

DEFENSE ENVIRONMENTAL RESTORATION PROGRAMFOR

FORMERLY USED DEFENSE SITESFINDINGS AND DETERMINATION OF ELIGIBILITY

USAF DEW LINE TRAINING STATION

FUDS Property Number E05IL3343Federal Facility ID Number IL9799F9713

Streator, Livingston County, Illinois

FINDINGS OF FACT

1. The United States Air Force (USAF) Distant Early Warning (DEW) Line Training Stationproperty is approximately 5.9 acres in size and is located north of East 3050 North Road andwest ofNorth 200 East Road in Reading Township, approximately five miles southwest ofStreator, Livingston County, Illinois. The property lies in the northeast quarter of Section 17 ofTownship 30 North, Range 3 East of the Third Principal Meridian and is centrally located nearlatitudinal and longitudinal coordinates 41004' 10" North and 880 53' 51" West.

2. In 1952, Western Electric Company provided overall management ofthe planning, design,and construction of a DEW Line prototype facility (pilot plant) on the property on behalf of theSecretary of Defense. The purpose of the pilot plant, which began operation in 1953, was toassure smooth and efficient operation when the actual DEW Line construction was undertakenacross the Arctic border. No recorded land agreements (e.g., deeds, leases, Right of Entry, etc.)between the property owner and the U.S. Government or Western Electric Company could befound that were associated with the construction of the facility. However, archive recordsindicate that the land was leased from the property owner for construction and operation of thefacility. Lease agreements were found that covered the operating years 1972 through 1978between the property owners, Dale P. and Della 1. Beckman, and ITT Arctic Services, Inc. (ASI).These lease agreements state that all fixtures, equipment apparatus, and structures installed andimprovements made were the property of ASI and/or the U.S. Government and that uponexpiration ofthe term of the lease such property would be removed (at no cost to the lessor),abandoned (at no cost to AS!), or otherwise disposed of by ASL

No construction or operating contracts between the U.S. Government and Western ElectricCompany or other facility operators could be found. However, the terms of the ASI lease of theproperty suggest that the U.S. Government paid for the improvements to the property and forContractor oversight of the day-to-day operations at the facility. An electric panel within one ofthe facility buildings reads "USAF Contract No 30(635)16600, ESN 992029", which alsosuggests that the U.S. Government paid for the construction of the facility under contract. An11 August 1958 USAF memorandum states that "radar training will be accomplished in theFederal Electric Corporation (FEC) facility at Streator, Illinois." This information indicates thatthe U.S. Government did not possess or have jurisdiction over the facility during this period,rather the Contractor at the time, FEC, did.

DEFENSE ENVIRONMENTAL RESTORAnON PROGRAMFOR

FORMERLY USED DEFENSE SITESFINDINGS AND DETERMINATION OF ELIGIBILITY

USAF DEW LINE TRAINING STAnON

FUDS Property Number E05IL3343Federal Facility ID Number IL9799F9713

Streator, Livingston County, Illinois

FINDINGS OF FACT (continued)

3. According to the owner of the property at the time, Dale Beckman, operations ceased at theDEW Line Training Station in 1982. Although the U.S. Government may have provided fundingfor the construction and operation of the facility, there is no indication that the Governmentowned, leased, or otherwise possessed the property or had control of day-to-day operations at thefacility. Conversely, there are indications that the property was leased and operated directly byprivate companies during the period of construction and operation. The property is still ownedby the Beckman family and is used for agricultural purposes. The property owner purchased allremaining improvements to the property after operations of the Training Station ceased.

DETERMINATION

Based on the foregoing findings of fact, the property has been determined to have not been underthe jurisdiction of the Secretary of Defense and owned by, leased to, or otherwise possessed bythe United States prior to 17 October 1986. This property is therefore ineligible for inclusioninto the Defense Environmental Restoration Program - Formerly Used Defense Sites establishedunder 10 USC 2701 et seq.

Date

JUN 0 5 2007

2

~().Q-)BRUCE A. BERWICKBrigadier General, U.S. ArmyCommanding