Administration
Mining Regulations and Reclamation
Water Pollution Control
Facismile 687-5856

Air Quality
Water Quality Planning
Facismile 687-6396

Lt. Col. James A. Piner
Commander
Hawthorne Army Depot
Hawthorne, NV 89415-5ooo

Dear Sir:

Two of the issues discussed during the July 22, 1998 JMAC meeting were the Department of Defense State Memorandum of Agreement (DSMOA) and the implementation of land use restrictions on active military installations.

As a result of those discussions it became apparent that most of the installations did not have a copy of the DSMOA which was entered into by the NDEP and DOD and defines the interactions between all DOD installation and the state for DERA projects. I have enclosed a copy of the current effective agreement for your information. This standard national agreement is presently being evaluated by DOD and the states and will probably be revised within the next year as a result of devolvement.

The issue of land use restriction on military installations is also being discussed on a national basis. I have enclosed a copy of a letter from western states and EPA regions to Ms. Goodman related to this issue which includes additional documentation. In Nevada there are in place requirements for the placement of land use restrictions contained both in hazardous and solid waste regulations.

I hope both of the enclosures provide some additional perspective relative to the state's position and facilitate further discussion between us. Please feel free to contact me at (702) 687-4670 extension 3039 or Karen Beckley at extension 3033 relative to these or any matters related to NDEP's DERA oversight program.

Sincerely,

Paul J. Liebendorfer, P.E.
Bureau of Federal Facilities

PL/jbw
cc:

Karen Beckley, NDEP
Verne Rosse, NDEP