Amendment 0003 O and M Plan.pdf

N00101_004743

NAS SOUTH WEYMOUTH, MA

SSIC 5000-33b

UNEXPLODED ORDNANCE (UXO) SAFETY OPERATION AND MAINTENANCE

PLAN NOMANS LAND ISLAND NATIONAL WILDLIFE REFUGE CHILMARK

NAS SOUTH WEYMOUTH MA

08/01/2024

RESOLUTION CONSULTANTS

Distribution Statement A. Approved for public release: distribution unlimited.

NIRIS Cover sheet rev. 6, Oct 2024

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, ATLANTIC

REMEDIAL ACTION CONTRACT (RAC)

CONTRACT N6247022D0005

CONTRACT TASK ORDER NO. N4008523F4830

UNEXPLODED ORDNANCE (UXO) SAFETY OPERATION AND MAINTENANCE

PLAN

NOMANS LAND ISLAND NATIONAL WILDLIFE REFUGE

CHILMARK, MASSACHUSETTS

August 2024

Prepared for

Department of the Navy Naval Facilities Engineering Command, Mid-Atlantic

9324 Virginia Avenue Norfolk, VA 23511-3624 and

U.S. Fish and Wildlife Service Eastern Massachusetts National Wildlife Refuge Complex

Prepared by

Resolution Consultants 222 Central Park Avenue, Suite 300

Virginia Beach, VA 23462

Approved for public release; distribution unlimited

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Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final Contract No. N6247022D0005 August 2024 Contract Task Order No. N4008523F4830 i

TABLE OF CONTENTS

1.0 INTRODUCTION

1.1 Site Description

1.2 Site History/Background

1.3 Description of Selected Remedy

2.0 SITE TRANSFER

2.1 Navy Responsibilities

2.2 USFWS Responsibilities

3.0 PRIMARY ORDNANCE DEBRIS LOCATIONS AND CHARACTERISTICS

4.0 PRECAUTIONS AND PREVENTATIVE MEASURES

4.1 General

4.2 Institutional Controls

4.2.1 Signage

4.2.2 Nautical Chart Notations

4.2.3 Federal and State Continued Enforcement

4.2.4 Explosive Ordnance Recognition Handout

4.2.5 Navy Explosives Ordnance Disposal Response

5.0 OPERATION AND MAINTENANCE

5.1 Periodic Surveillance

5.2 Maintenance of Signs

6.0 RECORDKEEPING AND REPORTING REQUIREMENTS

6.1 Recordkeeping

6.2 Reporting

7.0 NOTIFICATION AND CONTACTS

8.0 REFERENCES

LIST OF FIGURES

Figure 1-1 Site Location Map Figure 1-2 Land Use Control Area Boundary Map Figure 1-3 Marine Restricted Areas in the Vicinity of Nomans Land Island

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final ii

LIST OF TABLES

Table 1-1 Environmental Investigations and Documentation Table 3-1. Summary of Ordnance Debris Collected from the Island in 1998 Table 7-1. Contact Information

LIST OF APPENDICES

Appendix A Aerial Photograph of Island Appendix B United States Department of Defense/Department of the Interior Transfer

Documentation Appendix C Surface Ordnance Debris Clearance Site Plan Appendix D Explosive Ordnance Recognition Handout/General UXO Guidance Appendix E USFWS UXO Safety Briefing Certification Appendix F USFWS Field Observation Report Appendix G USFWS Land Use Control Annual Compliance Certification

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final iii

ACRONYMS AND ABBREVIATIONS

CERCLA Comprehensive Environmental Response, Compensation, and

Liability Act EOD Explosives Ordnance Disposal

ESRP

LUC

Explosives Safety Remediation Plan Land Use Control

LUCIP Land Use Control Implementation Plan MassDEP Massachusetts Department of Environmental Protection

MDAS

MEP

material documented as safe Massachusetts Environmental Police

MEC

Navy munitions and explosives of concern Department of the Navy

NOAA National Oceanic and Atmospheric Administration O&M

ROD

operation and maintenance Record of Decision

SHSP Site-Specific Health and Safety Plan TtEC Tetra Tech EC, Inc.

U.S. United States USCG United States Coast Guard USFWS United States Fish and Wildlife Service UXO unexploded ordnance

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final iv

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

1.0 INTRODUCTION

This plan documents the unexploded ordnance (UXO) Safety Operation and Maintenance (O&M) procedures to be employed by the United States (U.S.) Fish and Wildlife Service (USFWS) in its management of Nomans Land Island National Wildlife Refuge. The U.S. Department of the Navy (Navy) provides the USFWS with this O&M Plan as part of the agreement for remedial oversight in the property transfer documents between the Navy and the USFWS (Navy 1998a). The Navy's obligation to provide funding to pay or reimburse any costs for actions hereunder is subject to the availability of appropriated funds. Nothing in this O&M Plan shall be interpreted to establish obligations or require payments by the Navy in violation of the Anti-Deficiency Act, 31 U.S.C. §§ 1341 et seq.

This O&M Plan updates previous site munitions and explosives of concern (MEC) O&M plans to be compliance with the Record of Decision (ROD) (Navy 2022). This plan focuses solely on O&M objectives related to the potential for UXO remaining on the island. The goal of this plan is to protect authorized visitors to the island and to deter unauthorized visitors from going to the island.

The location of the island is depicted in Figure 1-1 (Site Location Map) and in an aerial photograph (taken in March 1998) contained in Appendix A.

1.1 Site Description

The island encompasses approximately 628 acres and is located 2.7 miles south of Martha’s Vineyard, Massachusetts. A summary of the site history is provided below in Section 1.2. The site is defined in the Record of Decision as the upland portion of the island, including all upland soils, sediments, groundwater, and surface water to the mean-low water level, as well as the direct near-shore marine environment (surface water and marine sediments).

East to west, the island is 1.6 miles long and slightly more than 1 mile wide, north to south. The island is heavily vegetated and dominated by rolling hills. Fifty-foot-high cliffs rise along the eastern shoreline and continue along the entire southern portion of the island. The highest point on the island, at 110 feet above sea level, is on the southern half of the island near the island’s north-south axis. Two large freshwater ponds and several smaller ponds dot the island. Ben’s Pond lies just west of the center of the island and is approximately 1,000 feet, east to west, and about 500 feet, north to south. Rainbow Pond lies on the eastern end of the island and is approximately 625 feet, east to west, and about 1,000 feet, north to south. Two arms of Rainbow Pond extend to the north and northwest. Building foundations and former docks, as well as three Conex boxes, remain present, though no permanent standing structures remain. Large signs along the shoreline warn boaters to stay clear of the island because of its former use as a military target range.

The island is uninhabited and supports a number of state and federally endangered and threatened species and their habitats. Through a 1975 Joint Management Agreement between the U.S.

Department of the Navy (Navy) and the USFWS, parts of the northeast and eastern portions of the island were designated as “No Fire Zones” based on the known nesting of a number of wildlife species. This area was set aside as a wildlife refuge by the USFWS and was defined as the non-

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final target zone of the island. The entire island was transferred to the USFWS in 1998, after extensive surface clearance of ordnance was completed (Navy 1998a). The refuge was established for "use as an inviolate sanctuary, or for any other management purpose, for migratory birds", in accordance with 16 United States Code §715d, the Migratory Bird Conservation Act.

1.2 Site History/Background

Range Operations

Soon after the lease of Nomans Land Island in 1942, the Navy began using it as a radar triangulation point, with exclusive military access. Sometime in 1943, its use was expanded to include bombing and gunnery range activities. In 1952, the Navy took title to the island by eminent domain. At about that same time, the Navy discontinued live bombing of the island and stationed the Seabees there to monitor practice bombing runs, enlarge the airstrip, rebuild the wharf, and maintain the practice range. Several branches of the active and reserve military forces used the island as a practice target range. Air Operations at the Naval Air Station Quonset Point, Rhode Island (through the early 1970s) and Naval Air Station in South Weymouth, Massachusetts coordinated the daily use of Nomans Land Island. The Navy Sea, Air, and Land Team also used the island for practice maneuvers. The use of the island as a bombing and gunnery range continued until May 31, 1996. While the airspace surrounding Nomans Land Island was formerly restricted, the restriction has been removed and airspace is not currently restricted.

Ordnance Used

The Navy discontinued live bombing on Nomans Land Island in the early 1950s. Following this moratorium on dropping live ordnance, dummy or inert ordnance was used. The Navy’s 1955 target manual describes ordnance authorized for use on Nomans Land Island targets as being “Glide/Dive/Toss/Masthead/Horizontal/Rockets and Strafing/Miniature and Water Filled Bombs/Inert Heads.”

The Navy’s 1967 target manual designated the airspace surrounding Nomans Land Island as Restricted Area R 4105 and described six individual targets:

“Targets 4, 5, and 6 located east of longitude 70° 49’ 30” W are specifically designated as SPECIAL MISSION EVALUATION targets. Targets 1, 2, and 3 located west of longitude 70° 49’ 30” W are available for all other designated uses. Authorized ordnance included “20MM and 50 Cal. ball ammunition; rockets to 5 ft [high-velocity aircraft rocket] HVAR with inert heads;

miniature, water filled and MK-76 practice bombs; and practice shapes.”

The 1994 target manual identified the northeastern and eastern third of the island as a no-fire zone.

It also re-identified the airspace surrounding Nomans Land Island as Restricted Area R-4105 and designated the water area surrounding the island as a Restricted Danger Zone Area 334.70, as depicted on National Oceanic and Atmospheric Administration (NOAA) Surface Charts. It authorized use of “MK 76 and MK 104 practice bombs, water/sand filled bombs, 20 [sic] and 50 caliber, 5.56 and 7.62MM ammunition, rockets up to 5 inches with inert heads ‘300MM [TP

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final only],’ and other types with prior coordination and approval from Naval Air Station South Weymouth Operations Officer, Code 50. Tracer ammunition is authorized.” The manual indicated weapons could be delivered by “dive, glide, low level, and radar bombing, photo and searchlight operations.” It restricted the use of white phosphorous ordnance, parachute flares, and any single piece of ordnance in excess of 50 pounds.

It was reported that the majority of the practice ordnance used a spotting device that discharged a colored smoke plume that provided pilots with an indication of the precision of the targeting efforts.

The Explosives Safety Remediation Plan (ESRP) for the island, dated April 1997, contains two maps, Map 4 entitled Target Map from “Target and Airspace Manual for Nomans Land Island [SIC] (R4105) Target Area,” April 1994, and Map 9 entitled 1:4000 Map. These two maps depict the historical target areas used on the island. Target 6 may not have been utilized, as suggested by the lack of a significant amount of ordnance debris cleared from this area. The three target areas are discussed further in Section 3.0, below.

1998 Surface Clearance

In 1998, the Navy conducted surface clearance and debris removal activities. The clearance involved the neutralization of any potential live surface ordnance and the removal and off-site recycling of inert surface ordnance and other debris from the site.

A controlled burn of the island was first conducted to reduce the vegetative cover to facilitate the ordnance debris removal. Tetra Tech EC, Inc. (TtEC), formerly Foster Wheeler Environmental Corporation, the Navy, and USFWS personnel met with the Chilmark Conservation Commission on April 8, 1998 to discuss the proposed controlled burn and ordnance clearance project. The Conservation Commission did not request any official filings in relation to the proposed work.

Subsequently, a request/application, Massachusetts Department of Environmental Protection (MassDEP) Application No. 4F98012, was submitted to the MassDEP – Southeast Region in accordance with 310 Code of Massachusetts Regulations 7.07(3)(f) by TtEC (formerly Foster Wheeler Environmental Corporation) (dated April 20, 1998) to conduct the controlled burn. The request included a prescribed burn prescription from 1997 and Amendment #1 by Fire Management Services, Inc. The application was approved by the MassDEP in a letter dated April 22, 1998, and the burn took place as proposed on April 28, 1998.

Mobilization of equipment to the site began the week of April 27, 1998, followed by the establishment of a project base camp along the northern portion of the island and clearance of roads and staging areas. The field office for the project was based in New Bedford, Massachusetts and equipment barges and crew boats were ferried to and from the island out of New Bedford and Fairhaven, Massachusetts.

Site preparation also included establishing a grid system on the island, which began on May 9, 1998. The 695 grids established on the island were each 60 meters by 60 meters and were completed so that the removal of ordnance debris could be documented. The surface ordnance debris clearance began on May 26, 1998 and continued until August 8, 1998. The ordnance debris

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final recovered as part of the surface sweep was processed on site to a “5X” level of decontamination (clean and safe for release from government control without precautions or restrictions) and surveyed for the potential presence of depleted uranium prior to removal from the island. Removal of the material from the island to Mid-City Steel Corporation for recycling (discussed below) occurred between August 11, 1998 and September 12, 1998.

Table 1-1, provided in the ROD, is a brief summary of all previous investigations and munitions removal actions that have taken place at Nomans Land Island. Results of these activities indicate that the Site poses a “Risk of Harm to Safety” (as described in 310 Code of Massachusetts Regulations [CMR] 40.0900) due to the presence of UXO on site.

Table 1-1 Environmental Investigations and Documentation

Investigation Date

Investigation or Action Document Activities

1986 Environment impact review The Navy began evaluating environmental impacts at NAS South Weymouth, including conducting Site walkovers, reviews of Base records, and interviews.

1995-1996 Final Report, Phase I Environmental Baseline Survey Stone & Webster 1996)

The Navy performed a Phase I EBS to identify potentially contaminated sites requiring further investigation. Nomans Land Island was one of the sites identified for further study.

1995-1998 EBST for Nomans Land Island (including Responsiveness Summary)

(NAVFAC 1998)

This report for the island was developed in support of the Environmental Summary Document for transfer of federal property from one agency to another. The EBST is based on the 1996 EBS - Phase I Report and presents updated information where applicable to reflect additional data and actions concerning conditions at the Site through 1998.

1997 Notice of Responsibility (MassDEP 1997)

The MassDEP issued a Notice of Responsibility to the Navy.

1997 ESRP (Radian International LLC 1997) and Explosives Safety Summary Document to Support Proposed Federal to Federal Conveyance of Nomans Land Island, MA (Navy 1998b)

Established objectives and work approach to perform UXO surface clearance approved by the DoD Explosives Safety Board. The Navy Explosive Ordinance Disposal performed munitions investigation and clearance across the island.

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

Investigation Date

Investigation or Action Document Activities

1998 Phase I Limited Site Investigation (Foster Wheeler 1998)

The Navy removed ordnance from the surface of the island and removed four USTs. A Phase I Limited Site Investigation was conducted to characterize Site soils, groundwater, surface water, and sediments. A radiological investigation was conducted to ensure that no recovered ordnance exhibited evidence of depleted uranium content.

Addressed nine review items from the Phase I EBS.

Metals were detected in Site soils, groundwater, surface water, and sediment. Explosives were detected in two soils samples and one surface water sample.

1998 Radiological Screening Survey Report (Inter-Link 1998)

Confirmed that ordnance debris tested negative for radiological constituents.

1998 Ordnance RAM Plan (Foster Wheeler 2000)

During the summer of 1998, approximately 671,306 pounds of ordnance debris and 59,847 pounds of scrap were removed from the island surface as part of a MassDEP-approved RAM.

1999 - 2000 Final Phase II Comprehensive Site Assessment (Foster Wheeler 2001)

The Navy conducted a Phase II Comprehensive Site Assessment to further delineate the extent of COPCs in Site soils, groundwater, surface water, and sediments. Human health and ecological risk assessments were performed.

Metals found in soils were determined to be localized to bomb craters/graves. No explosives were detected in soils, sediment, and groundwater. RDX was detected in one surface water body.

2001 Final Phase IIA Comprehensive Site Assessment – Supplemental Investigation (Foster Wheeler 2004a and TtFW 2004a)

An extensive sampling effort at the FDA, located just north of the highest point on the island and upgradient of an extensive emergent wetland that runs west to east and eventually drains into the ocean in the eastern portion of the Site. Sampling was conducted to further characterize the FDA and to determine the health of the FDA wetland.

Elevated levels of metals were detected on the island in the FDA. FDA wetland sediments were found to exceed multiple benthic community endpoints. A potential pathway from Site soils to marine environment was identified.

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

Investigation or Action Document Activities

2001 Final Supplemental Environmental Baseline Survey (Foster Wheeler 2003 and TtFW 2004b)

The Navy conducted the SEBS, which incorporated and evaluated the airborne geophysical survey data, and included an aerial photographic site analysis, and further public interviews and historical records reviews. The aerial photogrammetric survey established an accurate basemap for the Site. The airborne geophysical survey identified areas containing subsurface metal debris and confirmed the CSM and biased investigation approach.

2003 Final Release Abatement Measure Completion Report (Ordnance Debris Removal) (TtFW 2004b)

The SEBS resulted in the removal and/or closure of 19 additional review items, including one 275-gallon UST, one septic system, and two dry wells. The Navy also conducted a UXO inspection and performed removal activities in accessible upland and near-shoreline marine areas, and remediated 19 cubic yards of contaminated soil.

2004 Final Phase IIB – Supplemental Investigation

- Risk to Safety (TtFW 2006) (EFANW and EFANE 2004)

A Phase IIB Report, focused on the risk of harm to safety on the island due to remaining ordnance, was presented to the Technical Review Committee and submitted to the MassDEP. A UXO Awareness Pamphlet was developed to educate USFWS workers conducting studies on the island.

2005 Final Environmental Risk Management Memorandum (TtEC 2006a)

Per a request from USFWS, the Navy prepared an Environmental Risk Characterization Memorandum to more clearly characterize the risk to the environment on the island. Results revealed that a level of “no significant risk” to the environment associated with chemical contamination was achieved for Site soils. Removal of metal debris from the FDA was recommended.

2006 Final RAM Completion Report (FDA) (TtEC 2006b)

The Navy implemented the FDA RAM, which involved removal of the old Quonset Hut material, believed to be a source contributing to adverse impacts in the downgradient wetland. A total of 1.5 tons of metal debris was removed. Performed field soil screening at Aviation Landing Strip areas.

2008 MEC Surface Clearance Completion Report (TtEC 2008)

A MEC surface clearance was performed that resulted in the removal and recycling of 394 munitions-related items and 16,119 pounds of

MDAS.

2010 Nomans Land Island National Wildlife Refuge Comprehensive

The USFWS Comprehensive Conservation Plan provided long-term guidance for management decisions and set forth goals, objectives, and

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

Investigation or Action Document Activities Conservation Plan (USFWS 2010) strategies needed to accomplish refuge purposes and identify the USFWS’s best estimate of future needs.

2014 Limited MEC Surface Clearance Completion Report (TtEC 2016)

A limited MEC surface clearance was performed that resulted in the removal of 164 munitions-related items from 65 acres, and recycling of 3,650 pounds of MDAS.

2020 Final Phase III/Feasibility Study (FS) (TtEC 2020)

A Phase III/FS Report was prepared to present the alternatives to address the risk of harm to safety posed by ordnance remaining on the island. It was recommended that Alternative S-2, Institutional Controls, Awareness, and Enforcement, be the preferred remedy.

2020 Proposed Remedial Action Plan (Navy 2020)

The findings in the Phase III/FS and a description of the selected remedial alternative were provided in the Proposed Remedial Action Plan. A public hearing was conducted and responses to public comments were prepared. Following the public comment and response period, the selected remedial alternative will be incorporated into the ROD.

2022 Record of Decision (Navy 2022)

A ROD was issued indicating that the selected remedial remedy for Nomans Land Island is:

Alternative S-2, Terrestrial – Institutional Controls/Public Awareness/Enforcement and Nearshore Marine – Institutional Controls/Public Awareness/ Enforcement.

Abbreviations and Acronyms:

COPC – contaminants of potential concern CSM – Conceptual Site Model DoD – United States Department of Defense EBS – Environmental Baseline Survey EBST – Environmental Baseline Survey for Transfer ESRP – Explosives Safety Remediation Plan FDA – Former Debris Area FS – Feasibility Study MassDEP – Massachusetts Department of Environmental Protection MDAS – material documented as safe MEC – Munitions and Explosives of Concern NAS – Naval Air Station Navy – United States Department of the Navy RAM – release abatement measure RDX – Royal demolition explosive ROD – Record of Decision SEBS – Supplemental Environmental Baseline Survey USFWS – United States Fish and Wildlife Service UST – underground storage tank UXO – unexploded ordnance

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

1.3 Description of Selected Remedy

The selected remedy for the site (Alternative S-2) described in the ROD includes the following components.

Terrestrial Remedial Remedy

• Institutional Controls

- Upland Signage Replacement/Maintenance – These signs will warn/educate boaters that the Site is restricted and not to be entered.

- Beach Signage – These signs will act as a second deterrent point for boaters and potential island trespassers attempting to access the island. Figure 1-2 shows the Land Use Control (LUC) boundaries to estimated mean low water and provides locations and identification numbers of signs indicating that the island is a restricted area.

- O&M Plan – This plan provides site-specific UXO safety information to USFWS personnel authorized to conduct work activities on the island. This O&M Plan also provides specific O&M responsibilities for the Navy and the USFWS. The previous version of this O&M Plan is currently being implemented on the Site.

- Navy O&M (e.g., Limited MEC Surface Clearances, UXO response) – Based on the results of inspections, the Navy will conduct recurring surface clearances on the Site, similar to the ones conducted in 2003, 2008 and 2014. Requirements for these activities were a part of the Explosives Safety Remediation Plan (Radian International LLC 1997) approved by the United States Department of Defense Explosive Safety Board in 1997.

- UXO Response Program – A UXO response program for the island is currently in place and will be continued. The O&M Plan provides information regarding the organization USFWS personnel can contact in the event that they encounter UXO during their work activities on the island (i.e., Explosive Ordnance Disposal [EOD], currently Mobile Unit 12, Detachment Newport, Rhode Island). EOD will review the digital photographs and locational information provided by the USFWS personnel and determine if an immediate response action is necessary, or if the item is safe to remain on site until the next formal clearance is conducted.

- LUCs – LUCs have been formally implemented in order to ensure that the current and foreseeable activities on the Site remain those activities associated with an unstaffed wildlife refuge, and that no subsurface work is conducted without the oversight of a certified UXO technician. When the property was transferred from the Navy to the United States Department of the Interior (i.e., USFWS), conditions, covenants, and reservations of transfer were included in the property transfer documents. These included a provision that the USFWS would administratively close the island to all public access, conduct periodic surveillance, and install and maintain appropriate and

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final adequate warning devices. The Land Use Control Implementation Plan (LUCIP) further details LUC restrictions (Resolution, 2024).

• Public Awareness

- USFWS/Public UXO Awareness Training – A site-specific training program has been instituted and will be further developed to continue to educate USFWS personnel and the public about the hazards remaining on the island, as well as in the nearshore/ offshore marine environment.

- UXO Awareness Pamphlet – A UXO safety awareness pamphlet that describes the hazards of the island and nearshore/offshore marine environment, off-limits area, and violations enforcement information has been developed. The pamphlet focuses on the USFWS personnel conducting work on the island, as well as the general public. The pamphlet will be distributed to areas where the greatest public coverage and impact can be provided (harbormaster’s office, marinas, police station, etc.). The USFWS UXO Awareness Pamphlet was originally developed in 2004 (TtFW 2004c) and updated in 2019 and provided in the Phase III/FS (TtEC 2020). The 2019 version of the pamphlet, which is currently being used on the Site, is provided in the ROD. This pamphlet will be updated as needed.

• Enforcement

- USFWS Violations/Fine System – For implementation, the selected remedy will require periodic surveillance by USFWS enforcement personnel. Currently, it is illegal to access the island without permission from the USFWS. The USFWS has enforcement policies and measures in place that allow for the issuance of a violation (citation) and the fining of trespassers on federal properties.

Nearshore Marine Remedial Remedy

• Institutional Controls

- Restricted Waters Designation – This designation is already in place on NOAA nautical charts, in accordance with 33 CFR, Restricted Danger Zone Area 334.70. Figure 1-3 shows the marine seasonal and permanent restricted areas around Nomans Island, as defined in 33 CFR 334.70 and by NOAA Nautical Chart 13218.

- Upland Signage – Upland signage is currently in place and will continue to be required to warn offshore boaters who may potentially enter the restricted waters surrounding the island that the area is restricted and off limits.

- Beach Signage –These signs will act as a second deterrent point for boaters and potential island trespassers attempting to access the island. Figure 1-2 shows the Land Use Control (LUC) boundaries to estimated mean low water and provides locations of signs indicating that the island is a restricted area.

- Annual Verification – The Navy will contact the U.S. Coast Guard (USCG) and

Massachusetts Environmental Police (MEP) Coastal Bureau annually to confirm that

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final they are continuing with their patrols and whether any incidents of trespassing have occurred in the past year.

• Public Awareness

- USFWS/Public UXO Awareness Training – A site-specific training program has been instituted and will be further developed to continue to educate USFWS personnel and the public about the hazards remaining on the island, as well as in the nearshore/offshore marine environment.

- UXO Awareness Pamphlet – A UXO safety awareness pamphlet has been developed that describes the hazards of the island and nearshore/offshore marine environment, off-limits area, and violations enforcement information. This pamphlet focuses on the USFWS personnel conducting work on the island, as well as the general public. This pamphlet will be distributed to areas with the greatest public coverage and impact (harbormaster’s office, marinas, police station, etc.).

• Enforcement

- USCG Massachusetts/Environmental Police Coastal Bureau – For implementation, this alternative will require USFWS periodic surveillance, with enforcement by the USCG. Currently, it is illegal to access the island without permission from the USFWS and the nearshore/offshore areas are currently designated as a Restricted Danger Zone Area 334.70. The MEP Coastal Bureau deals with fishing violations.

2.0 SITE TRANSFER

Under the Base Realignment and Closure Program, management of the island was transferred from the U.S. Department of Defense to the U.S. Department of the Interior USFWS on June 26, 1998, making the site a part of the Eastern Massachusetts National Wildlife Refuge Complex (Navy 1998a). As a result of this interagency transfer, the USFWS accepted the responsibility for custody and accountability, as well as for the protection and maintenance of the property. Appendix B contains the Interagency Transfer documentation along with Conditions, Covenants, and Reservations.

2.1 Navy Responsibilities

This document does not alter the Navy’s responsibilities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Navy responsibilities are specified in detail in the LUCIP. The Navy reserved and retained the right of access to the property for the purpose of conducting ongoing investigations, studies, and required remedial action related to environmental cleanup. The Navy will also perform comprehensive site inspections and surface clearances on a regular basis, as specified in the LUCIP, and will respond as appropriate in the event USFWS personnel encounter UXO while visiting the island.

2.2 USFWS Responsibilities

As discussed above, the USFWS accepted responsibility for the overall management of the site.

This includes a number of O&M activities described in the transfer agreement (included in

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

Appendix B) and further expanded on in this plan. The responsibilities also include administratively closing the island to public access, conducting periodic surveillance, and maintaining the existing warning signs.

3.0 PRIMARY ORDNANCE DEBRIS LOCATIONS AND CHARACTERISTICS

Table 3-1, below, lists the ordnance items found during the 1998 surface clearance and is believed to be representative of type of items that have the potential to surface on Nomans Land Island in the future. The Surface Ordnance Debris Clearance Site Plan, provided as Appendix C of this plan, provides information to USFWS personnel regarding the areas of greatest impact on the site.

Table 3-1. Summary of Ordnance Debris Collected from the Island in 1998

Nomenclature Number of Items Found

Total Weight (pounds)*

MK76 Practice Bomb 2,799 69,975 MK106 Practice Bomb 4,823 23,633 40MM Projectile 224 112 MK 41 Practice Bomb 23 103.5 MK15 Practice Bomb 59 5,900 MK7 Bomb 20 20,000 MK 117 Bomb 2 1,000 M124 Bomb 697 174,250 MK 81 Bomb 33 8,250 MK 82 Bomb 451 225,500 MK 83 Bomb 8 8,000 3” Projectile 6 150 6” Projectile 2 150 5” Rocket Warhead 72 3,888

2.25 Rocket 422 5,486

2.75 Rocket Warhead 244 4,392

5” Rocket Motor 19 722 MK 25 Marine Marker 1 15 MK 64 Signal, Underwater Sound

2 30

Small Arms 1,114 223 Total 11,021 551,780

Note:

* Quantities are estimated

Upon reviewing the ordnance removal information, three areas of the island having high ordnance concentration were identified. These areas, described below, can be seen on the map provided in Appendix C:

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

• The former target area located on the west end of the island (West End Target Area)

• The former aviation landing strip (which had also been used as a target area) located near the southwest edge of the island (Aviation Landing Strip Target Area)

• The highest point on the island (the summit), which is located on the southeastern to south-central portion of the island (Summit Target Area)

The West End Target Area was an area that was heavily impacted during past aerial target practice.

Topographically, the area consists of a series of small rounded knolls with intervening valleys.

Swampy areas exist between areas of higher ground, and a wetland area exists to the east of the target area. Several card-type targets had been set up by the Navy on the hilltops and had been used for target practice. The target area had been littered with ordnance-related debris and practice ordnance and was characterized by a very high concentration of bomb craters. Historically, there may have also been a secondary target centered southwest of the main target area on a low hill in this area, as evidenced by the discovery of target cards there.

The Aviation Landing Strip Target Area is located on the southwestern edge of the island and is a relatively flat stretch of land covered by grasses. At the time of ordnance debris removal activities, an unpaved road ran up the center of the landing strip area, and debris from an old airplane lay strewn about the mid-portion of the landing strip. The plane debris had apparently been used as a target at some point in the history of the island; bomb debris and practice ordnance were scattered over this area.

The Summit Target Area had been established by the Navy around the highest point of the island, located east of the island’s centerline on the south side. This summit area is a broad northeast– southwest-trending ridge that stands approximately 110 feet above mean sea level. A pair of airplane fuel tanks, as well as target cards, were used as targets on and around the summit area. A large amount of ordnance and bomb debris was found in this area.

4.0 PRECAUTIONS AND PREVENTATIVE MEASURES

4.1 General

Activities that are conducted on the island are subject to hazards that are unique to target ranges.

Examples of work activities that require special precautions include excavating activities, a controlled burn, or road/trail maintenance. A Site-Specific Health and Safety Plan (SHSP) should be prepared by USFWS for any activity that is likely to involve disturbance of UXO. Examples of work activities that require special precautions include excavation, installation of signage, implementation of controlled burns, or maintenance of roads/trails. Copies of the SHSPs will be provided to MassDEP prior to initiation of field activities. If intrusive activities occur on the island, the USFWS service will be required to obtain UXO support appropriate to the planned activities.

UXO safety should be stressed due to the history of the island as a target range. Although several surface clearances resulted in removal of much of the surface ordnance and debris, it is likely that additional items will surface in the future. Precautions and preventative measures should be in place in the event that ordnance debris is uncovered and exposed. Buried ordnance can be exposed

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final by erosion, frost heave, lowering of water levels in the ponds/wetlands, or burning of vegetation in areas that were inaccessible in previous clearances.

In general, personnel can lessen the danger of UXO hazards by being able to recognize an UXO hazard and by following some basic safety guidelines listed below:

• Once a potential UXO hazard is recognized, DO NOT continue to move toward suspected

UXO

• DO NOT touch, move, or disturb a potential UXO hazard

• Make ALL radio transmissions at least 100 meters away from any potential UXO hazard

• DO NOT try to remove anything that is on or near a potential UXO hazard

• Mark a potential UXO hazard area properly (on a map, landmark, marker on site, etc.) so that other personnel will stay away and so that it may be appropriately investigated and/or removed

4.2 Institutional Controls

The majority of the following institutional controls were presented in the Explosive Safety Remediation Plan for Nomans Land Island, dated April 1997, and will be used as a means to continue safe operations on this site.

4.2.1 Signage

Although the general public is prohibited on the site, trespassing is known to occur. Warning signs are currently in place on the island to deter would-be trespassers. These signs are 4 feet by 8 feet in size and are affixed to 4-inch by 4-inch wooden posts that were hand dug into the soil. As required by the transfer agreement, these signs will be maintained in perpetuity by the USFWS and replaced as needed or at least every 5 years.

4.2.2 Nautical Chart Notations

The waters surrounding the island remain closed to the general public due to its history as a military target range and its current wildlife refuge status. The waters surrounding the island are identified as Code of Federal Regulations, Title 33, Restricted Danger Zone Area 334.70, as depicted on NOAA Surface Chart 13218. In Section 334.70 of the USCG Pilot 2 regulations, the waters surrounding Nomans Land Island are designated as a Danger Zone. The USCG Pilot 2 regulations state that, “No vessel or person shall at any time enter or remain within a rectangular portion of the area bounded on the north by latitude 41°16'00", on the east by longitude 70°47'30", on the south by latitude 41°12'30", and on the west by longitude 70°50'30", or within the remainder of the area between November 1, and April 30, inclusive, except by permission of the enforcing agency.” The Navy has previously stated that these designations will remain unchanged.

4.2.3 Federal and State Continued Enforcement

The USCG Station Menemsha regularly patrols the waters around Martha’s Vineyard and Nantucket, including the vicinity of Nomans Land Island. As discussed in the previous section, Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final the island will still be closed to the general public, with USCG navigational charts remaining unchanged. The USCG maintains the waters surrounding the site as a restricted area. This acts as a known deterrent to trespassers, which, in turn, limits access to the island and provides a means of notification if trespassers are observed on the site.

The MEP Coastal Bureau also regularly patrols the waters around Nomans Land Island during the boating season, typically April to September, from its base in Menemsha Harbor. The Navy will contact the USCG and the MEP annually to determine if they are continuing with their patrols and if any incidents of trespassing and/or fishing violations have occurred in the previous year. The MEP has removed boaters in the past who have entered the restricted waters of the site. Table 7-1 (in Section 7, below) includes the contact information for USCG Station Menemsha and the MEP.

4.2.4 Explosive Ordnance Recognition Handout

The Navy has provided a supply of Explosive Ordnance Recognition handouts for USFWS to distribute to authorized island visitors that contains:

• Line drawings or photographs of common island UXO

• Safety precautions to be observed when encountering UXO

• UXO site marking procedures

• Notification procedures for UXO that is encountered

This handout is provided in Appendix D. A master copy of this handout was also provided to the USFWS for future copying and distribution to official island visitors. The USFWS is required to perform an UXO safety briefing, utilizing this handout, for new personnel who are to perform work on Nomans Land Island to ensure that they are familiar with the explosives safety hazards and reporting procedures to be employed if/when they should observe potential UXO. A copy of this UXO safety briefing certification, to be signed by all USFWS and other personnel visiting Nomans Land Island, is included in Appendix E.

4.2.5 Navy Explosives Ordnance Disposal Response

The Navy will respond to reports of UXO discovered on the island and reported by the USFWS during their field observations. This response may be immediate if the situation is deemed critical to the safety of the island visitors, or may be delayed until the next time appropriately trained UXO personnel are on island. Contact information for Navy Explosive EOD is provided in Table 7-1.

5.0 OPERATION AND MAINTENANCE

5.1 Periodic Surveillance

As required by the transfer agreement, the USFWS will conduct periodic surveillance of the island at least once per year. This surveillance will include a thorough inspection of the shoreline and trails, and reporting of any observations to the Navy. However, the Navy’s responsibilities under CERCLA are not altered with regard implementation and reporting. The purpose of the

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final surveillance is to monitor the condition of warning signs, assess the level of trespassing that may be occurring, and note any newly exposed potential UXO. At a minimum, surveillance visits must be conducted annually.

Field observations and the location and observations regarding the ordnance discovered will be recorded by the USFWS using the Field Observation Report contained in Appendix F of this plan.

This report will be used during an annual evaluation of conditions on the island and may be used to document observations made during the course of USFWS biological work activities during other times of the year. In addition, the coordinates, number, type, and photographs of any ordnance observed will be included in the Field Observation Report. These observations will allow for a greater understanding of the general state of the island and can be used as a guide for future planning. Recordkeeping and reporting procedures associated with these observations are detailed in Section 6.0 below. The report format should be updated periodically, and as appropriate.

5.2 Maintenance of Signs

Maintenance of signs by USFWS is also required by the transfer agreement. However, the Navy’s responsibilities under CERCLA are not altered with regard implementation and reporting. Sign maintenance may include painting, bracing, and/or replacing of signs as found to be necessary during the periodic surveillance visits or other visits to the island. Signs are to be replaced as needed or at least every 5 years. Signs lost to erosion will be replaced in approximately the same locations, if possible. If the sign locations need to be slightly altered due to erosion and/or a new signpost needs to be installed, the sign installation will be considered an intrusive activity that requires oversight by professionally trained UXO personnel. Note that special precautions for UXO avoidance, overseen by UXO-trained personnel, should be included in the work plan for any intrusive activities (e.g,, digging).

6.0 RECORDKEEPING AND REPORTING REQUIREMENTS

6.1 Recordkeeping

Surveillance visits that are conducted on the island will be documented on the appropriate Field Observation Reports (Appendix F), as discussed in Section 5.1. These reports will be forwarded to the Navy within 7 days and filed at the USFWS office that is currently managing the island.

Maintenance work performed will be recorded on a maintenance log as well. Surveillance and maintenance activities will be summarized in a Land Use Control Annual Compliance Certification form (Appendix G) to be submitted by the USFWS to the Navy. The listing of potential UXO observed may be transmitted as an electronic spreadsheet to the Navy. The purpose of the certification is to document UXO Safety O&M activities that have been performed by the USFWS for input to the Navy’s recurring review/surveillance of ordnance issues, as required by the ESRP and the LUCIP, to ensure that emerging UXO is being addressed, and to ensure that the use of the site remains that of an unstaffed wildlife refuge. Periodically, these inspection and maintenance logs should be evaluated to determine issues and/or concerns that have been corrected, those that still need to be addressed, and those that are reoccurring.

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

6.2 Reporting

Any potential UXO discovered in the field will be reported to the Navy and MassDEP within 7 days via email. Contact information is provided in Section 7.0. A description (condition, estimated size, and distinctive features), digital photograph (including a known object to provide scale), and location (global positioning system coordinates) of the item(s) will be forwarded via email to the designated contacts. If the situation is deemed critical, the designated Navy contact may notify cognizant Navy EOD personnel for an immediate response. Otherwise, the response may be delayed until the next time appropriately trained UXO personnel are on the island.

7.0 NOTIFICATION AND CONTACTS

Table 7-1, below, provides contact information for personnel who are directly involved with operations conducted on the island.

Table 7-1. Contact Information

Contact Title Contact Information Christopher Harding U.S. Navy BEC NAVFAC BRAC PMO East

4911 South Broad St, Bld. 679 Philadelphia, PA 19112 215-897-4904 christopher.l.harding4.civ@us.navy.mil

Brian Helland Remedial Project Manager

NAVFAC Mid-Atlantic BRAC PMO East 4911 South Broad Street Philadelphia, PA 19112 215-897-4912 brian.j.helland.civ@us.navy.mil

OIC U.S. Navy EOD MU DET 12 Navy EOD MU DET 12 1176 Howell Street Newport, RI 02841 401-832-3301

Grace Bottitta- Williamson

Project Leader, USFWS Eastern Massachusetts National Wildlife Refuge Complex Weir Hill Road Sudbury, MA 01776 978-443-4661 grace_bottitta@fws.gov

Joanne Dearden Project Manager, MassDEP MassDEP 1 Winter Street Boston, MA 02108 joanne.dearden@mass.gov mailto:christopher.l.harding4.civ@us.navy.mil

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

Contact Title Contact Information Lawrence Kahrs LSP of Record/Vice

President, Tetra Tech EC, Inc.

Tetra Tech EC, Inc.

160 Federal Street, 3rd Floor Boston, MA 02110 617-443-7500 larry.kahrs@tetratech.com

Justin Longval USCG Station Menemsha

OIC

USCG Station Menemsha 20 Edy’s Island Way Chilmark, MA 02535 508-645-2661

Directed to an Officer through the Dispatch

Environmental Police Officer – Assigned per dispatch call

Massachusetts Environmental Police for Menemsha Harbor 251 Causeway Street, Suite 101 Boston, MA 02114 Dispatch: 800-632-8075

Abbreviations and Acronyms:

BEC – Base Realignment and Closure Environmental Coordinator BRAC – Base Realignment and Closure EOD – Explosive Ordnance Disposal LSP – Licensed Site Professional MassDEP – Massachusetts Department of Environmental Protection MU DET – Mobile Unit Detachment NAVFAC – Naval Facilities Engineering Command Navy – United States Department of the Navy OIC – Officer in Charge PMO – Program Management Office U.S. – United States USCG – United States Coast Guard USFWS – United States Fish and Wildlife Service

8.0 REFERENCES

EFANW (Navy Engineering Field Activity Northwest). 2003. Final After-Action Report, Nomans Land Island, Massachusetts, Draft prepared for the U.S. Navy, Engineering Field Activity Northeast (Lester, PA). March 17.

EFANW and EFANE (EFANW and Navy Engineering Field Activity Northeast). 2004. After- Action Report, Nomans Land Island, Chilmark, Massachusetts. August.

Foster Wheeler (Foster Wheeler Environmental Corporation). 1998. Phase I Limited Site Investigation, prepared for the U.S. Navy South Weymouth Naval Air Station (South Weymouth, MA), Scope of Work, June 12/Phase I Report, October 1.

Foster Wheeler. 2000. Release Abatement Measure – Ordnance Debris Removal – RAM Plan, prepared for the U.S. Navy South Weymouth Naval Air Station (South Weymouth, MA), May 1, 1998/Draft RAM Completion Report – Ordnance Debris Removal, October 12.

Unexploded Ordnance (UXO), Safety Operation and Maintenance Plan - Nomans Land Island, Chilmark, MA Final

Foster Wheeler. 2001. Final Phase II Comprehensive Site Assessment Report, prepared for the U.S. Navy South Weymouth Naval Air Station (South Weymouth, MA), Scope of Work, August 2, 1999/Phase II Report, March.

Foster Wheeler. 2003. Final Supplemental Environmental Baseline Survey, Nomans Land Island, Chilmark, MA. December 3.

Foster Wheeler. 2004a. Final Phase IIA Comprehensive Site Assessment Supplemental Investigation – Risk to the Environment Report, prepared for the U.S.