HomeMy WebLinkAboutThird Party Work Plan for BSS Geotech Drilling_091421From: Fry, Kate <kfry@mt.gov>
Sent: Friday, May 28, 2021 2:25 PM
To: Elliott Smith; cmoore@mtnwest.com
Cc: 'jsullivan@tasman-geo.com'; Sue Jagodzinski; Jeni Reece; Fuller, Richard L.;
Christopherson, Sarah
Subject: Third Party Work Plan for BSS Geotech Drilling
Attachments: 20210527_GeoprobeWP_letter.pdf; Lot2-Declaration-of-Covenants.pdf
Good afternoon Chad and Elliott,
Please find attached a letter with DEQ’s comments on the May 4th Geotechnical Soil
Boring Work Plan. DEQ’s comments must be addressed before DEQ can give
permission for the work in accordance with §75-10-711(9), MCA and ARM 17.55110(1).
Please let me know if you would like to discuss.
Regards,
Kate Fry
Senior Project Officer
Waste Management and Remediation Division
1225 Cedar Street | Helena, MT 59601
PO Box 200901 | Helena, MT 59620-0901
406-444-6426 | kfry@mt.gov
Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 I Helena, MT 59620-0901 I (406) 444-2544 I www.deq.mt.gov
May 28, 2021
MBHT Bozeman, LLC VIA EMAIL AND US MAIL
c/o Chad Moore
312 East South Temple
Salt Lake City, UT 84111
Re: Work Plan for Minor Sub 352 – Hobby Lobby, Bozeman, Montana
Bozeman Solvent Site
Dear Mr. Moore:
On May 4, 2021, Tasman Geosciences, Inc. submitted the Geotechnical Soil Boring Work Plan
(Work Plan) on behalf of MBHT Bozeman, LLC. According to the Work Plan, it is a third-party
work plan to present the proposed general filed activities, proposed boring locations, and handling of
investigation-derived waste (IDW).
The proposed site work includes Lots 2 and 3 of 1601 West Main Street in Bozeman, Montana. Lot
2 coincides with a source area of tetrachloroethene (PCE) of the Bozeman Solvent Site (BSS). In
addition, remediation system infrastructure is located on Lot 2. Because the BSS is being remediated
pursuant to an Administrative Order on Consent (AOC) issued under the authority of the
Comprehensive Environmental Cleanup and Responsibility Act (CECRA – also known as State
Superfund), a person not subject to the AOC may not conduct any remedial activities on any part of
the Facility without written permission from the Montana Department of Environmental Quality
(DEQ). Section 75-10-711(9), MCA; ARM 17.55.110(1). According to the Work Plan, the
proposed work includes drilling soil borings on Lot 2 up to 20 feet deep. Sampling to determine
disposal of the soil is considered a “remedial action” as defined by § 75-10-701(20), MCA.
At this time, DEQ cannot provide MBHT Bozeman LLC permission to conduct the work described
in the Work Plan. The Work Plan requires revision and additional clarification which DEQ has
specified in comments below.
1. General: The Work Plan states that MBHT “will ensure” work will be conducted as
described in the Work Plan. However, please provide specifics in the Work Plan explaining
how MBHT will communicate with the contractor(s) to ensure the Work Plan is followed and
avoid damaging the remediation system infrastructure and ensure proper decontamination of
equipment and disposal of IDW.
2. General: The Work Plan states that borings will be back filled with cuttings or bentonite.
Please include a statement that soils will not be brought onto the site to be used as backfill
material. Backfill material must be approved by DEQ before use. Please contact DEQ for
additional information if backfill material will be used.
Chad Moore
May 28, 2021
Page 2
3. General: Please include a statement in the Work Plan that existing remediation system
infrastructure cannot be disturbed, damaged, or destroyed without prior approval from DEQ
including monitoring wells that might be outside of the Surveyed Portion of Lot 2 described
above.
4. Section 1 and Exhibit 1: The 1st paragraph of Section 1.0 references Exhibit 1. The 2nd
paragraph of Section 2.0 references Figure 1. An Exhibit 1 is provided with the Work Plan.
Please revise the naming of the figure/exhibit for consistency to avoid confusion. Also,
please show the approximate location of the former septic system and Bozeman Solvent Site
remediation infrastructure on this figure/exhibit to show where these areas are in relation to
the proposed borings. Remediation infrastructure includes, but may not be limited to,
monitoring wells, soil vapor probes, and underground piping associated with the soil vapor
extraction (SVE) systems. In addition, please show the location of proposed work in relation
to the Bozeman Solvent Site facility boundary (ARM 17.55.110(2)(a)).
The last sentence of the 2nd paragraph of Section 3.0 states that soil boring B-1 cannot be
moved significantly without consulting Tasman due to its relative proximity to remediation
infrastructure. However, the scale provided on Exhibit 1 of the Work Plan is not sufficient to
accurately locate the proposed borings. For example, the symbols for the proposed borings
are approximately 20 ft wide based on the scale provided in the bottom left corner. In
addition, DEQ cannot determine what “significantly” (e.g., location change in feet) would
mean in this context.
In addition, Lot 2 is subject to restrictions that prohibit construction or development of any
kind on the Surveyed Portion of Lot 2 that is described as:
BEGINNING at a point on the Northerly line of said LOT 2; said point being
144.95 feet North 66°18’58” East from the Northwesterly corner of said LOT
2; thence South 66°18’58” West 144.95 feet to the Northwesterly corner of
said LOT 2; thence South 31°27’48” East along the Westerly line of said
LOT 2 a distance of 195.84 feet; thence North 58°33’43” East 80.01 feet;
thence North 11°37’09” West 187.38 feet to the POINT OF BEGINNING.1
Please revise the scale on the figure/exhibit to more accurately show the location of the
proposed borings and state in the Work Plan that the location of B-1 will be approved by
Tasman prior to drilling. In addition, please revise the figure/exhibit to show the portion of
Lot 2 described above and to demonstrate that B-1 is not within this portion.
5. Pages 1 and 2, Section 3.0, last paragraph on page 1 continued on page 2: This paragraph
describes that drilling and sampling equipment such as augers and split spoons will be
decontaminated between each boring in accordance with SOP-051-101 (Appendix A of the
Work Plan). SOP-051-101 is specific to the decontamination of reusable sampling
equipment and does not include a discussion of drilling equipment. The decontamination of
reusable sampling equipment generally uses smaller volumes of water that could be disposed
of in the soil drums as described. However, the decontamination of drilling equipment, such
as augers, generally requires a larger volume of water that may fill one or more 50-gallon
drums (without soil included). This may not be an efficient method of disposal of the drilling
1 Declaration of Restrictive Covenants on Real Property (Lot 2), Gallatin County, MT. 2464297. Filed October 1,
2013. A copy of the declaration is attached.
Chad Moore
May 28, 2021
Page 3
equipment decontamination water. Please revise the Work Plan to describe the
decontamination of drilling equipment, the containment of this decontamination water, and
the disposal of this decontamination water.
6. Page 2, Section 3.0, last paragraph: Please clarify if soil cuttings will be placed directly into
the steel drums during drilling. If the soil cuttings are not placed directly into the steel drums
during drilling, please described how they will be handled.
7. Page 2, Section 4.0: Please identify the analysis for the soil samples and the laboratory that
will be used. Please note that DEQ requires analytical data to be validated. Please see the
data validation guidelines available on DEQ’s website:
https://deq.mt.gov/Land/StateSuperfund/FrequentlyAskedQuestions.
8. Page 2, Section 6: Please revise to clarify that the summary report must include a description
of what samples were collected (e.g., what media, how many where analyzed, and the
analysis); how/where soil was disposed; how/where decontaminated water was disposed;
copies of waste disposal manifests; tabulated analytical results; copies of analytical reports;
data validation reports; and a statement how other IDW was disposed.
9. Page 2, Section 7.0: Please state that MBHT will provide the name of the contractor(s)
selected for the work described in the Work Plan to DEQ within 7 days of contractor
selection. In addition, please state that DEQ will be notified (email is acceptable) at least 14
days before field activities begin.
Please address the above comments and submit a revised Work Plan to DEQ for review as required
by §75-10-711(9), MCA, and ARM 17.55.110.
DEQ appreciates your cooperation in this matter. Please feel free to contact me at 406-444-6426 or
kfry@mt.gov with questions.
Sincerely,
Kate Fry
Senior Project Officer
attachment
cc: Sue Jagodzinski, Kornwasser Shopping Center Properties, LLC (via email)
Jim Sullivan, Tasman Geosciences Inc. (via email)
Jeni Reece, Reece Law, PLLC (via email)
Lee Fuller, CVS Caremark (via email)
Sarah Christopherson, DEQ Legal (via email)