LUC Template - VRP - 2020.07.20_Draft Martinsburg VAMC_Sept102021.pdf

Applicant: Martinsburg VA Medical Center VRP Project No.: VRP Project No.

Template Revised 2020.07.20 Page 1 of 11

LAND USE COVENANT

This is an environmental covenant executed pursuant to the Voluntary Remediation and

Redevelopment Act, Article 22, Chapter 22, Environmental Resources (W. Va. Code § 22-22) and the Uniform Environmental Covenants Act, W. Va. Code § 22-22B, to restrict the activities on, and uses of, the following described property:

Street Address: 64 Domiciliary Access Rd (510 Butler Avenue)

City: Martinsburg

County: Berkeley County

Tax District (as applicable): Arden District

Tax Map: 0012

Tax Parcel(s): 02-01-0012-0077-0000

Deed Book(s): 172

Page No(s).: 358

Acres: 169.3

A map is attached as Exhibit A indicating the area to which specific activity and use limitations and/or engineering controls apply.

The subject property has been remediated in accordance with the Voluntary Remediation and

Redevelopment Act, W. Va. Code § 22-22. Non-residential exposure assumptions were used to comply with the site-specific remediation standard. Contaminants of concern that exceed de minimis residential standards by media are as follows:

SURFACE SOIL SUBSURFACE SOIL GROUNDWATER

N/A N/A Tetrachloroethene*

*Exceeds WVDEP Groundwater Quality Standards and USEPA Maximum Contaminant Levels

The following activities on and uses of the above described property may result in excessive human exposure or in the release of a contaminant that was contained as part of the remedial action related to this covenant. Therefore, the following activities on and uses of the real property are prohibited:

1. Use or extraction of untreated groundwater for any purpose, except for groundwater monitoring and/or remediation.

2. Any activity that may interfere with the groundwater monitoring well network.

The following engineering control(s) (depicted on Exhibit B) have been installed at the property as a part of the remedy and is/are necessary to attain the designated remediation standard and shall be operated and maintained as necessary to protect the functional integrity in perpetuity so long as contaminants exceed drinking water MCLs and/or the groundwater onsite is used for potable consumption:

Template Revised 2020.07.20 Page 2 of 11

Engineering Control 1: In July 1994, the Veterans Affairs Medical Center (VAMC

Martinsburg) brought a new drinking water treatment plant online to replace the previous treatment plant. When VAMC Martinsburg began using the new treatment plant, an air stripping system was integrated into the drinking water treatment process. The aeration tower (“air stripper”) was designed to remove low levels of chlorinated volatile organic compounds

(CVOCs). Sampling showed that the aeration tower was able to adequately treat the raw water to meet maximum contaminant levels (MCLs). The aeration tower is identified as Building 332 and is located south of the Water Treatment Plant along Avenue C (refer to Exhibit A, Site Map).

Engineering Control 2: VAMC Martinsburg completed the construction and implementation of a granular activated carbon (GAC) treatment system at the facility in 2011.

The GAC treatment system is located within Building 334 located south of the Water Treatment

Plant and immediately east of the aeration tower (refer to Exhibit A, Site Map). The GAC system has been installed in addition to, and immediately following, the current aeration tower in the water treatment process. The GAC treatment acts as a final polishing step and adds redundancy to the facilities’ water treatment process to ensure that water from any production well at the facility can be adequately treated. The vendor who supplies the GAC treatment system calculated and certified that, based upon the concentrations of volatile organic compounds (VOCs) observed in quarterly groundwater data, the current treatment system will be more than sufficient to adequately treat groundwater at the facility. The operation of the GAC system itself has been designed to have the ability to treat total VOC concentrations of up to 500 micrograms per liter (ug/L), excluding the additional treatment provided by the air stripper. All post-treatment samples collected at the effluent of the GAC system and the effluent of the aeration tower have been non-detect for all VOCs.

Current owner(s) of record of the property, and associated contact information:

United States of America through the U.S. Department of Veterans Affairs

Office of Construction and Facilities Management

Office of Real Property

810 Vermont Ave N.W

Washington, DC 20420

Any person, including a person that owns an interest in the real property, the state or federal agency determining or approving the environmental response project pursuant to which an environmental covenant is created, or a municipality or other unit of local government may be a holder of an environmental covenant. The following are all holders of this covenant:

United States of America through the U.S. Department of Veterans Affairs

Office of Construction and Facilities Management

Office of Real Property

810 Vermont Ave N.W

Washington, DC 20420

Template Revised 2020.07.20 Page 3 of 11

The owner(s) of the property shall provide written notice to the WVDEP within ten (10) days following transfer of a specified interest in the property subject to this covenant, changes in use of the property, or applications for building permits or proposals for any site work affecting the contamination on the property. Any notice regarding transfer of a specified interest in the property subject to this covenant shall include the name, address, and contact information for the new owner.

The owner(s) shall conduct annual inspections of the property no more than sixty (60) days before or after the anniversary date of this document in accordance with the Land Use Covenant

Inspection Form provided as Exhibit C to monitor compliance with this Land Use Covenant and shall submit the signed form to the WVDEP headquarters within thirty (30) days of the inspection.

This covenant relieves the applicant and subsequent successors and assigns from all civil liability to the State as provided under W. Va. Code § 22-22 and shall remain in effect so long as the property complies with the applicable standards in effect at the time this covenant was issued.

This covenant shall not be amended, modified, or terminated except by written instrument executed in accordance with W. Va. Code § 22-22B-10, by and between the owner at the time of the proposed amendment, modification, or termination; the WVDEP; and the holders of this covenant. Within five (5) days of executing an amendment, modification, or termination of this

Land Use Covenant, the owner shall record such amendment, modification, or termination with the Clerk of the County Commission, and within five (5) days thereafter, the owner shall provide a true copy of the recorded amendment, modification, or termination to the WVDEP.

The administrative record for the environmental response project reflected in this covenant is maintained at the WVDEP headquarters, and is entitled:

Martinsburg Veterans Affairs Medical Center CVOC Groundwater Contamination

The WVDEP is granted full right of access to the property for the purpose of implementation or enforcement of this covenant.

All restrictions and other requirements described in this covenant shall run with the land and shall be binding upon all holders and their grantees, lessees, authorized agents, employees, or persons acting under their direction or control.

[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

Template Revised 2020.07.20 Page 4 of 11

IN WITNESS WHEREOF, the following holders have executed this covenant on the dates indicated.

Printed Name:

Title: Associate Executive Director, Office of Real Property

Signature Date

I, ______________________________, a Notary Public in and for the County of

_________________________, State of _________________________, do hereby certify that the holder(s) whose name is/names are signed above, this day executed this document in my presence or this day acknowledged same to be true act and deed of said holder(s).

Given under my hand this the ______ day of ___________________, 20____.

My commission expires ______________________________________________.

Notary Public

Template Revised 2020.07.20 Page 5 of 11

West Virginia Department of Environmental Protection

Printed Name: Robert Rice

Title: Director, Division of Land Restoration

I, ______________________________, a Notary Public in and for the County of

_________________________, State of _________________________, do hereby certify that _________________________, whose name is signed above as the representative of the agency, this day executed this document in my presence or this day acknowledged same to be true act and deed of said holder(s).

Given under my hand this the ______ day of ___________________, 20____.

My commission expires ______________________________________________.

Notary Public

The Clerk will return the recorded document to:

Office of Environmental Remediation

601 57th Street SE

Charleston, WV 25304

Template Revised 2020.07.20 Exhibit A

EXHIBIT A

SITE MAP

N

A

B

C

D

403A

BOILER

PLANT

33032

302 304

S.

th S t.

Avenue "C"

VA MAIN

ENTRANCE

Parking Lot "T"

Av en ue "C

BASKETBALL

COURTS

TENNIS

COURTS

HANDBALL

COURT

BASEBALL

FIELD

POLICE & FIRE

DEPT. EQUIP.

STORAGE LOT

HELI-PAD

ED

N ee dy R d.

Main Entrance

Bu tle r A ve

N . 6 th S t.

Avenue "C"

"B" Ave.

Butler A ve.

Domicilia ry

Access Road

D

C

C

B

A

A

E

B

Butler Ave.

"A" Avenue

RO

UTE 9

6th St.

Baker Rd.

4 332

Employee Parking

CO

RR

ID

OR

C3

N 1,4

4 S

.F.

CO RR ID OR

C4S 5,87 6 S .F.

S.

th S t.

S.

th S t.

S.

rd S t.

C13

C1

C6 C2

C3

C4

C5

C7

C9

C10

Bu tle r A ve

Parking Lot "Z"

Parking Lot "A"

Patient / Visitor Parking

NEEDY ROAD

REAR GATE

GUARD SHACK

Parking Lot "O"

EMSHG Parking Lot

A

RA

MP

D N

3T

F

PB

VE

S

TI

BU

L

ES

502F

DN

DN

DN

DN

DN

DN.

DN

DN

DN .

DN .

0 250 500

Feet

Legend VRP Site Boundary/Property Boundary

Building/Structure

Road/Sidewalk Area

Exhibi t A - Site Map Showing Activi ty and Use L imitat ions

VA Medical Center Martinsburg 510 Butler Ave

Martinsburg, WV 25405

NE

ED

Y

RD

ROUTE 9 BAKER RD

melissas Line melissas Line melissas Text Box Aeration Tower melissas Text Box GAC Building melissas Line

Template Revised 2020.07.20 Exhibit B

EXHIBIT B

ENGINEERING CONTROLS

PHOTO 1. VIEW OF THE AERATION TOWER

PHOTO 2: VIEW OF THE GAC TREATMENT BUILDING.

Template Revised 2020.07.20 Exhibit C

EXHIBIT C

LUC INSPECTION FORM

Form Revised 2020.05.15

Land Use Covenants

Office of Environmental Remediation

Land Use Covenant Inspection Form

The property owner is responsible for conducting annual inspections of the site and submitting this form to WVDEP no more than sixty (60) days before or after the anniversary date of the LUC recording. The person conducting the inspection should refer to the recorded LUC for details, including a map of the affected property and descriptions of the activity and use limitations and engineering controls.

Environmental Response Project Description Site Description Site ID Number

02-01-0012-0077-0000

Site Name

AC Newton Baker Hospital (a.k.a. Martinsburg VAMC)

County

Berkeley Address

64 Domiciliary Access Rd (alt: 510 Butler Avenue) City

Martinsburg State

WV

Zip Code

25405 Property Owner on Land Use Covenant Property Owner Name

United States of America thru the U.S. Department of Veterans Affairs, Office of Real Property, Office of Construction & Facilities Management Address

810 Vermont Ave N.W City

Washington State

DC

Zip Code

20420

Annual Inspection – Records Current Property Owner

Has property ownership transferred since LUC recording? ☒ No:

If contact information has not changed, skip to “Current Site Use.”

☐ Yes:

Provide new property owner contact information below.

Property Owner Name

Property Owner Name Address

Address City

City State

State Zip Code

Zip Code Phone

Zip Code Email

Zip Code Current Site Use Land Use (check all that apply)

☐ Agricultural ☐ Commercial ☐ Industrial ☐ Recreational ☐ Residential ☐ School ☐ Vacant ☒ Other

Provide brief description of current site use (including names of businesses located on property).

The facility (identified in tax records as the AC Newton Baker Hospital but currently known as the Martinsburg Veterans Affairs Medical Center [VAMC]) is located at the intersection of State Highway 115 and County Route 9/19 in Berkeley County, Martinsburg, West Virginia, approximately 4 miles southeast of the Martinsburg city limits. In tax records, the address is historically listed as 64 Domiciliary Access Road; currently, the primary address used is 510 Butler Avenue. The VAMC occupies approximately 169.3 acres of land and has a service area of more than 70,000 Veterans in West Virginia, Maryland, Virginia, and Pennsylvania. The facility, part of the VA Capitol Health Care Network (VISN 5), offers a comprehensive range of services, including internal medicine, ambulatory surgery, audiology and speech pathology, dental, nursing home, nutrition, podiatry, prosthetics, women's health, mental health, and rehabilitation medicine to United States Veterans. The facility has been in operation since the 1940s. Topography of the property is subdued, with an average elevation of 500 feet above mean sea level. The geographic coordinates for the hospital are 39° 25' 2.3"W latitude and 77° 54' 41.2"N longitude. These coordinates correspond to the center of the main hospital building, Building 500.

Form Revised 2020.05.15

Annual Inspection – Property Observations Activity and Use Limitations

The following activities on and uses of the property may result in excessive human exposure or in the release of a contaminant that was contained as part of the remedial action. Inspect the site to determine if any of the prohibited activities and uses listed below have occurred in the past year.

Activity and Use Limitation Occurred in past year? If “yes”, describe:

Groundwater Use or Extraction (untreated) ☐ No ☐ Yes Description

Engineering Controls The following engineering controls have been installed at the property as a part of the remedy and are necessary to attain the designated remediation standard. They should be operated and maintained as necessary to protect their functional integrity. Inspect the site to determine if the engineering controls listed below are intact, functioning correctly, and being maintained as necessary.

Engineering Control Still intact and effective? If “no”, describe:

Water Treatment (air stripper) ☒ Yes ☐ No Description Water Treatment (GAC system) ☒ Yes ☐ No Description Finished Water Sampling ☒ Yes ☐ No Description

Annual Inspection – Notes, Comments, or Concerns Annual inspection of two engineering controls. Engineering Control #1 is an aeration tower (“air stripper”) that was integrated into the hospital’s drinking water treatment plant, which was brought online in 1994. The aeration tower was designed to remove low levels of chlorinated volatile organic compounds (CVOCs). Engineering Control #2 is a granular activated carbon (GAC) treatment system that was installed in 2011. The GAC treatment acts as a final polishing step and adds redundancy to the VA’s water treatment process following the aeration tower.

Annual inspections consist of confirming proper operation and maintenance of Engineering Controls #1 and #2 by collecting samples of the finished water and submitting them to a WV-certified laboratory for VOCs analysis.

Other inspections items may include performing periodic pump tests using PW-2 to determine if it can achieve historical pumping rates.

Person Conducting Inspection Contact Information Inspector Name

Robert Moore

Relationship to Property

GEMS Program Manager Mailing Address

510 Butler Avenue

City

Martinsburg State

WV

Zip Code

25405 Phone

(304) 263 0811 x3412 Email robert.moore10@va.gov Statement of Affirmation

I affirm that the information provided in this Land Use Covenant Inspection Form, to the best of my knowledge and belief, is true, complete, and accurate.

Date

Return completed and signed form, in addition to any attachments, electronically to DEPOERFileCopy@wv.gov, or mail to:

Office of Environmental Remediation Attn.: LUC Inspections 601 57th Street SE Charleston, WV 25304 mailto:DEPOERFileCopy@wv.gov

Template Revised 2020.07.20 Exhibit C

EXHIBIT D

CURRENT PROPERTY DEED