Clean-Process to Conduct Construction Activities.pdf

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Process to Conduct Construction Activities in Areas under Land Use Controls at the Charleston Naval Complex

Background The Navy continues to conduct corrective action for releases of hazardous constituents at the Charleston Naval Complex as required by the Resource Conservation and Recovery Act (RCRA) permit issued to the Navy by South Carolina Department of Health and Environmental Control (SCDHEC) and U.S. Environmental Protection Agency (USEPA) Region IV. As part of the corrective action, Land Use Controls (LUCs) will be implemented which prevent exposure to residual contamination on the property. The LUCs may be short term or long term depending on the physical and chemical properties of the contaminant, the concentration and the properties of the media where the contaminant is located. The LUCs can be significantly affected by construction activities and therefore require management through available regulatory means in order to ensure the integrity of the remedy is maintained.

Construction Activities Criteria The Navy, in discussions with the regulatory agencies, has proposed the following process be used to provide approval for construction activities in areas where LUCs exist. The process includes submittal of information necessary to evaluate whether construction activities will have an effect on LUCs and remedies in place at the active sites at the CNC. It is assumed that any developer is knowledgeable of the permitting that is necessary for whatever activity they are proposing and that the developer has determined that any permits required will be obtainable regardless of the environmental condition of the property prior to submitting any request for review to SCDHEC. It is also assumed that the developer obtains sufficient liability protection as would be necessary for construction activities and use of previously industrial property. The use of Voluntary cleanup contracts under Brownfields agreements is recommended in order for the developer to obtain liability protection from SCDHEC based on actions to be taken on the part of the developer to ensure maintenance of LUCs and remedy integrity.

1. It is the responsibility of the developer to provide the appropriate engineering plans and specifications that specify the construction methods, any engineering calculations and onsite tests that would demonstrate a knowledge of site conditions, infrastructure, utilities and site geology and how to deal with any potential problems during and after the proposed construction.

2. It is recommended that the developer negotiate a Voluntary Cleanup Contract with the SCDHEC Site Assessment Division that provides a Non-Responsible party status based on compliance with the following conditions. The following conditions specify the construction planning and design information, statements of acknowledgement of existing environmental conditions, and the actions the developer must take in order to maintain the integrity of existing LUCs and remedies.

A. The developer is required to provide a proposed construction plan with the following as a minimum to be approved by the SCDHEC and the Navy prior to any construction;

E-2 i.) A statement that defines the intended reuse of the property and any new construction.

ii.) A description of the timeframe for construction.

iii.) A site plan with appropriate figures that identifies the extent of the proposed construction with respect to the extent of any LUCs on the site, site topography, underground utilities, infrastructure and storm water runoff.

iv.) A statement that acknowledges the residual contamination on the property, the LUCs in place, the remedial action that has been implemented and any potential effect the proposed construction may have on these existing site conditions and controls.

v.) A statement of how hazards will be controlled where construction activities have the potential to interfere with these existing remedies vi.) A description of the construction of any proposed irrigation wells with respect to how vertical migration of contaminants will be prevented.

vii.) A description of what actions will be taken to monitor impacts to the remedy as a result of construction activities. This includes impact to groundwater flow direction, vertical migration of residual contamination, potential for contaminants to migrate to indoor air.

viii.) A description of what action will be taken in the event the exposure assumptions used in deriving LUCs are altered.

ix.) A contingency plan in the event of spills or remedy failure (emergency response or sample and analysis plans, etc.)

B. The developer will be required to adequately address the following issues during construction as a minimum (Note that construction derived waste will be addressed by the Waste Assessment Division within SCDHEC):

i.) How exposure to residual contamination through fugitive dust emissions, excavated soil or removal of groundwater to workers on-site, personnel at adjacent businesses and nearby residences will be controlled.

ii.) How any previously unknown contamination will be reported.

iii.) How excess contaminated soil or groundwater will be managed.

C. Upon completion of construction activities where a potential exists for disturbance of existing residual contamination the developer will be required to:

i.) Provide periodic monitoring reports as required in the VCC negotiations.

ii.) Install and properly maintain any additional monitoring wells and provide regulatory access for inspection and surveillance.