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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)