Decision Document
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New York State Department of Environmental Conservation Division of Environmental Remediation Remedial Bureau A, 12th Floor 625 Broadway, Albany, New York 12233-7015 Phone: (518) 402-9625 • Fax: (518) 402-9627 Joe Martens Website: www.dec.ny.gov Commissioner January 21, 2015 Mitch Suprenant, Supervisor The Town of Fort Edward Town Hall Fort Edward, New York 12828 Re: Former Grand Union Site ID No. C558033 Fort Edward, Washington County Remedial Work Plan & Decision Document Dear Supervisor Suprenant: The New York State Department of Environmental Conservation (Department) and the New York State Department of Health (NYSDOH) have reviewed the Remedial Work Plan (RWP) for the Former Grand Union Site dated October 2014 and prepared by C.T. Male Associates on behalf of the Town of Fort Edward and 354 Broadway, LLC. The RWP is hereby approved. Please ensure that a copy of the approved RWP is placed in the document repository(ies). The draft plan should be removed. Attached is a copy of the Department's Decision Document for the site. The remedy is to be implemented in accordance with this Decision Document. Please ensure that a copy of the Decision Document is placed in the document repository(ies). Please contact the Department’s Project Manager, Mr. Daniel Eaton, at 518-402-9563 or [email protected] at your earliest convenience to discuss next steps. Please recall the Department requires seven days notice prior to the start of field work. Sincerely, James B. Harrington Director Remedial Bureau A Division of Environmental Remediation Enclosure ec w/attachments: R. Schick M. Ryan J. Harrington J. Swartwout R. Huyck D. Eaton A. Gugliemi K. Anders C. Bethoney G. Rys D. Kaplan, 354 Broadway K. Moline, CT Male M. Fuller, Meyer and Fuller ver 2011-08-16 New York State Department of Environmental Conservation Division of Environmental Remediation Remedial Bureau A, 12th Floor 625 Broadway, Albany, New York 12233-7015 Phone: (518) 402-9625 • Fax: (518) 402-9627 Joe Martens Website: www.dec.ny.gov Commissioner January 21, 2015 Mr. David Kaplan 354 Broadway LLC 170 West 74th Street New York, N.Y. 10023 Re: Former Grand Union Site ID No. C558033 Fort Edward, Washington County Remedial Work Plan & Decision Document Dear Mr. Kaplan: The New York State Department of Environmental Conservation (Department) and the New York State Department of Health (NYSDOH) have reviewed the Remedial Work Plan (RWP) for the Former Grand Union Site dated October 2014 and prepared by C.T. Male Associates on behalf of the Town of Fort Edward and 354 Broadway, LLC. The RWP is hereby approved. Please ensure that a copy of the approved RWP is placed in the document repository(ies). The draft plan should be removed. Attached is a copy of the Department's Decision Document for the site. The remedy is to be implemented in accordance with this Decision Document. Please ensure that a copy of the Decision Document is placed in the document repository(ies). Please contact the Department’s Project Manager, Mr. Daniel Eaton, at 518-402-9563 or [email protected] at your earliest convenience to discuss next steps. Please recall the Department requires seven days notice prior to the start of field work. Sincerely, James B. Harrington Director Remedial Bureau A Division of Environmental Remediation Enclosure ec w/attachments: R. Schick M. Ryan J. Harrington J. Swartwout R. Huyck D. Eaton A. Gugliemi K. Anders C. Bethoney G. Rys D. Kaplan, 354 Broadway J. Fox, ERM A. Davis, Shipman & Goodwin LLP ver 2011-08-16 DECISION DOCUMENT Former Grand Union Site Brownfield Cleanup Program Fort Edward, Washington County Site No. C558033 January 2015 Prepared by Division of Environmental Remediation New York State Department of Environmental Conservation DECLARATION STATEMENT - DECISION DOCUMENT Former Grand Union Site Brownfield Cleanup Program Fort Edward, Washington County Site No. C558033 January 2015 Statement of Purpose and Basis This document presents the remedy for the Former Grand Union Site, a brownfield cleanup site. The remedial program was chosen in accordance with the New York State Environmental Conservation Law and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 375. This decision is based on the Administrative Record of the New York State Department of Environmental Conservation (the Department) for the Former Grand Union Site and the public's input to the proposed remedy presented by the Department. Description of Selected Remedy The elements of the selected remedy are as follows: 1. Remedial Design A remedial design program will be implemented to provide the details necessary for the construction, operation, maintenance, and monitoring of the remedial program. Green remediation principals and techniques will be implemented to the extent feasible in the site management of the remedy as per DER-31. The major green remediation components are as follows; Considering the environmental impacts of treatment technologies and remedy stewardship over the long term; Reducing direct and indirect greenhouse gas and other emissions; Increasing energy efficiency and minimizing use of non-renewable energy; Conserving and efficiently managing resources and materials; Reducing waste, increasing recycling and increasing reuse of materials which would otherwise be considered a waste. Maximizing habitat value and creating habitat when possible; Fostering green and healthy communities and working landscapes which balance ecological, economic and social goals; and Integrating the remedy with the end use where possible and encouraging green and sustainable re-development. DECISION DOCUMENT January 2015 Former Grand Union Site, Site No. C558033 Page 1 2. Excavation The remedy for this site will achieve a reduction in the levels of PCBs in the soil to a level below 1 parts per million in the shallow soil, 0 to 1 foot, and 10 parts per million in deeper soil, below 1 foot. This will be accomplished by excavation of contaminated soil for either treatment or disposal off-site. An estimated 300 tons of soil contaminated with levels of PCBs exceeding 45 ppm will be shipped to a secure landfill permitted to accept hazardous waste. It is estimated that 2,000 tons of soil contaminated with levels of PCBs between 1 ppm and 45 ppm will be treated at the Environmental Soil Management Companies (ESMI) facility in Fort Edward to remove PCBs to a level below 1 ppm and potentially be returned to the site to be used as fill. There is a small area of soil, approximately 30 tons, contaminated with semi-volatile organic contamination. This area will be excavated and the SVOC contaminated soil will be treated at ESMI to meet commercial standards and potentially returned to the site to be used as fill. 3. Cover System The property is planned to be developed for commercial use. A site cover will be required to allow for commercial use of the site. The cover will consist either of the structures such as buildings, pavement, sidewalks comprising the site development or a soil cover in areas where the upper one foot of exposed surface soil will exceed the applicable soil cleanup objectives (SCOs). Where the soil cover is required it will be a minimum of one foot of soil, meeting the SCOs for cover material as set forth in 6 NYCRR Part 375-6.7(d) for commercial use. The soil cover will be placed over a demarcation layer, and if in an area planned for vegetation, the upper six inches of the soil of sufficient quality to maintain a vegetation layer. Any fill material brought to the site will meet the requirements for the identified site use as set forth in 6 NYCRR Part 375-6.7(d). 4. Institutional Control Imposition of an institutional control in the form of an environmental easement for the controlled property that: • requires the remedial party or site owner to complete and submit to the Department a periodic certification of institutional and engineering controls in accordance with Part 375-1.8 (h)(3); • allows the use and development of the controlled property for commercial and industrial uses as defined by Part 375-1.8(g), although land use is subject to local zoning laws; • restricts the use of groundwater as a source of potable water, without necessary water quality treatment as determined by the NYSDOH or County DOH; • requires compliance with the Department approved Site Management Plan. DECISION DOCUMENT January 2015 Former Grand Union Site, Site No. C558033 Page 2 5. Site Management Plan A Site Management Plan is required, which includes the following: a.) an Institutional and Engineering Control Plan that identifies all use restrictions and engineering controls for the site and details the steps and media-specific requirements necessary to ensure the following institutional and/or engineering controls remain in place and effective: • Institutional Controls: the Environmental Easement discussed above. • Engineering Controls: The cover system referred to in Paragraph 3 above; b.) an Excavation Plan which details the provisions for management of future excavations in the areas of remaining soil contamination; c.) a plan for decommissioning the monitoring wells. c.) a provision for maintaining site access controls and Department notification; and d.) the steps necessary for the periodic reviews and certification of the institutional and engineering controls. Declaration The remedy conforms with promulgated standards and criteria that are directly applicable, or that are relevant and appropriate and takes into consideration Department guidance, as appropriate. The remedy is protective of public health and the environment. January 21, 2015 ____________________________________ ____________________________________ Date James B. Harrington, Director Remedial Bureau A DECISION DOCUMENT January 2015 Former Grand Union Site, Site No. C558033 Page 3 DECISION DOCUMENT Former Grand Union Site Fort Edward, Washington County Site No. C558033 January 2015 SECTION 1: SUMMARY AND PURPOSE The New York State Department of Environmental Conservation (the Department), in consultation with the New York State Department of Health (NYSDOH), has selected a remedy for the above referenced site.