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ROE Number: xyz123

Bar Code: ______GPS Located: NO YES: ______

DEPARTMENT OF THE ARMY

RIGHT-OF-ENTRY FOR EMERGENCY POWER ACTIVITIES

______

(Project, Installation or Activity) (Tract Number or Other Property Identification)

The undersigned, hereinafter called the "Owner/Agent", hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Government", right-of-entry upon the following terms and conditions:

1. The Owner/Agent hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described, at any time within a period of ( ) from the date of this instrument, for the purpose of generator placement, operation, maintenance and recovery and any other work necessary for emergency recovery activities. .

2. The right-of-entry includes the right of ingress and egress on other lands of the Owner not described below, provided such ingress and egress is necessary and not otherwise conveniently available to the Government.

3. All tools, equipment, and other property taken upon or placed upon the property by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right-of-entry.

4. The undersigned agrees to accept responsibility for the reasonable and prudent care of the generator set while such equipment is in place pursuant to this right-of-entry.

5. If any action of the Government’s employees or agents in the exercise of this right-of-entry results in environmental damage to subject real property, the Government will, at its sole discretion, either remediate such damage or make an appropriate settlement with the Owner. In no event shall such remediation or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. The Government’s liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other than those provided for herein.

6. Except as provided inparagraph 5, the undersigned agrrs and warrants that it will hold and save harmless the Government of the United States, its contractors and representatives for any damage or loss of any type whatsoever including claims for negligence either to the above described property or persons situated thereon, and hereby releases, discharges and waives any and all actions, either legal or equitable, which the undersiogned has or may have pursuant to thie right-of-entry.

7. The property affected by this permit or right-of-entry is located in ______and is described as follows:

WITNESS MY HAND AND SEAL this day of , 19 .
Environmental Baseline Assessment Reconnaissance Report

______

(Project, Installation or Activity) (Tract Number or Other Property Identification)

This site is identified as an electrical generator site used during activities related to the ______Emergency Response Operations. The size of the generator and location of the site are as follows:

A ______kW/KVA generator is placed [address or narrative]:______

______for days ______

______

(Sketch of location and/or placement)

Circle Y or N

Drums or containers / Y or N
Soil staining / Y or N
Strong chemical or solvent odor / Y or N
Distressed vegetation / Y or N
Sheen on standing or bodies of water / Y or N
Did you take photos of this site? / Y or N

The general condition of the site is:______

______

(Sketch site. Include oil/grease spots, etc. Attach photo. ):

Date:

______I concur with the above stated site condition.

______I do NOT concur with the above, because:

UNITED STATES OF AMERICA ______

Owner/Agent Signature

______

U.S. Army Corps of Engineers Print Name

Jacksonville, Florida ______

Address

______

Phone

ENG Form 1528 (revised CESAJ-RE May 1997) roepwr.roe