Public Notice Information
RAP
80731
West Haymarket Holding Company, LLC
West Haymarket Block 4, Lincoln
Lincoln
Public Notice Documents
All Program Documents
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approval of the RAP (remedial action plan)
May 18, 2020
June 18, 2020


PUBLIC NOTICE
Proposed Remedial Action Decision
Block 4 Property Redevelopment Parcel
West Haymarket Block 4 VCP Site

Nebraska Department of Environment & Energy
Land Division
Remediation Section

Notice is hereby given pursuant to Neb. Rev. Stat. §81-15,185.01 that the Nebraska Department of Environment and Energy (NDEE) is proposing approval of the Remedial Action Plan (RAP) for the Block 4 Property Redevelopment Parcel of the West Haymarket Block 4 Voluntary Cleanup Program (VCP) Site which is located southwest of the historic Haymarket District in downtown Lincoln, Nebraska. The Block 4 Property Redevelopment Parcel is located in the northwest quarter of Section 26 in Township 10 North, Range 6 East, of the 6th Principal Meridian, Lancaster County, Nebraska.

Soil, soil vapor, and groundwater at the Site are contaminated with polycyclic aromatic hydrocarbons (PAHs) associated with a Former Manufactured Gas Plant and various volatile organic compounds (VOCs). Previous interim remedial action at the Site included partial soil excavation of contaminated source areas. The RAP proposes the following remedial actions: installation of a vapor mitigation system (VMS) which includes a chemically compatible vapor barrier and passive ventilation system for future buildings constructed on the parcel, compliance with currently established or amended institutional controls and applicable Operations and Maintenance Plans to prevent direct exposures to contaminated soils and groundwater and maintain the effectiveness of the VMS, and annual performance monitoring, assessment, and reporting of these controls. These actions will eliminate the potential of vapor intrusion into buildings constructed on the parcel, eliminate the potential for direct exposure to contaminated soils and groundwater for residential and utility/construction worker exposure pathways, prevent use of groundwater for drinking water or irrigation, and establish control measures and monitoring requirements for soil removal and dewatering activities associated with future utility/construction work. The RAP does not address free product below the water table, which is contained within a separate parcel.

The NDEE has determined that groundwater at this site should be designated as a Remedial Action Classification 3 (RAC-3) occurrence. RAC designations are used to prioritize groundwater contamination events with (1) being of highest priority and (3) being of lowest priority.

Any person may receive additional information, submit written comments regarding the proposed actions, or request a public hearing, in writing, on or before June 18, 2020. A request for hearing must state the nature of the issues to be raised and all arguments and factual grounds supporting such position. If the Director grants a public hearing, the hearing will be advertised by public notice at least 30 days prior to its occurrence. Comments and requests should be mailed to Mr. David Haldeman, Land Division, Nebraska Department of Environment & Energy, PO Box 98922, Lincoln, NE 68509-8922.

Digital copies of the proposed RAP and supporting documents are available online at http://deq.ne.gov/ , select "Public Records Search” at the bottom of the page then “Public Records Search” again. A box will appear that needs the following information “Start Date”, enter 05-02-18, “End Date”, enter 05-18-20, “DEQ Facility Number”, enter 80731, “DEQ Program ID”, leave blank, “DEQ Program” enter RAP. Select “Search” and all of the documents for that facility will appear. Use the “Index of Correspondence” to select the documents related to this public notice.

Persons with a disability and needing accommodation should notify the Department FIFTEEN DAYS PRIOR TO THE END OF THE PUBLIC NOTICE DATE by calling (402) 471-2186. TDD relay service users should call (800) 833-7352 and ask the relay operator to call the Department at (402) 471-2186.

Further information may be obtained from Mike Felix, Remediation Section, (402) 471-4210.


FACT SHEET
PROPOSED REMEDIAL ACTION DECISION
Block 4 Property Redevelopment Parcel
West Haymarket Block 4 VCP Site

The Nebraska Department of Environment and Energy (the Department) is providing public notice of its intent to approve a Remedial Action Plan (RAP) for the Block 4 Property Redevelopment Parcel of the West Haymarket Block 4 Property conducted under the Department’s Voluntary Cleanup Program (VCP) by the West Haymarket Holding Company, LLC. This fact sheet provides background information on the site, a summary of contamination, a description of the proposed actions, a description of the public participation procedures, and the Department contact person.

Background: The West Haymarket Block 4 Property is located directly south and west of the historic Haymarket District in downtown Lincoln, Nebraska. The legal description of the Property is the northwest quarter of Section 26 in Township 10 North, Range 6 East. The geographic coordinates for the approximate center of the Property are 40.813030 degrees north latitude and 96.712392 degrees west longitude.

Historically, this area operated as a former manufactured gas plant (FMGP) in the late 1800s and as a lumber yard since the early 1900s.

Previous assessment of the property was conducted under the VCP for the Former JayLynn Parcel of the West Haymarket Redevelopment Site South (WHRSS) project. Much of the information described under the Nature and Extent of Contamination section below comes from this previous assessment work. The lateral and vertical extent of non-aqueous phase liquid (NAPL; aka, free product) found below the water table was defined and remains wholly within the boundaries of the Former JayLynn parcel. Because NAPL removal within the saturated zone was not addressed, a No Further Action (NFA) letter pursuant to Neb. Rev. Stat. §81-15,186 was not issued for the Former JayLynn Parcel.

The West Haymarket Block 4 Property has been divided into two distinct parcels: the Block 4 Property Redevelopment Parcel under consideration herein, and the NAPL Parcel, for which no remedial actions are being taken at this time. Future use of the Block 4 Property Redevelopment Parcel is expected to be mixed-use, including both commercial and residential (i.e., apartments and/or condos) aspects.

Nature and Extent of Contamination:

The soil and groundwater at the West Haymarket Block 4 Property are contaminated due to previous site activities.

Soil Contamination: Soil contamination was found across the Property. Some of the contaminants found to be above the direct contact residential and industrial/commercial remediation goals (RGs) include: lead, arsenic, benzene, and polycyclic aromatic hydrocarbon (PAH) compounds, including: naphthalene, chrysene, benzo(a)pyrene, benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fhuoranthene, and dibenzo(a,h)anthracene.

Groundwater Contamination: Groundwater contamination was found across the site. Contaminant concentrations detected in the groundwater were compared to the maximum contaminant levels (MCLs) and VCP RGs to determine the significance of the contamination. MCLs are established by Nebraska Title 118 – Groundwater Quality Standards and Use Classification, Chapter 4. Dissolved contaminants found to be above MCLs and/or RGs include: benzene and PAH compounds including but not limited to naphthalene and benzo(a)pyrene.

Groundwater Remedial Action Class: The Department assigns a Remedial Action Class (RAC) to groundwater contamination to determine the importance of remedial action based, in part, on the use of the groundwater in the area (Nebraska Title 118, Appendix A, Step 8). Groundwater that is being used as a public drinking water supply is assigned the highest remedial action class of RAC-1. Groundwater that has the potential to be used as drinking water is generally designated as RAC-2. The Department typically requires extensive cleanup of groundwater that is designated as RAC-1 or RAC-2. When the use of groundwater in the area is more limited or of poor quality, the groundwater is generally assigned a remedial action class of RAC-3. Generally, groundwater cleanup will be less extensive for a RAC-3 designation. Cleanup of free product is required at RAC-3 sites.

Groundwater in the West Haymarket Block 4 area is generally of poor quality with limited yield. The area has a high concentration of industrial development and no down-gradient potable or production water wells exist. Therefore, the groundwater contamination at the WHRSS area (including the Block 4 property) has been assigned a RAC-3 designation.

Non-Aqueous Phase Liquid (NAPL; aka Free Product): NAPL was found across the site in the unconsolidated materials both above and below the water table. NAPL in soils above the water table was encountered directly below the remnants of former structures associated with the FMGP. The lateral and vertical extent of NAPL found below the water table was defined and found to be confined within the boundaries of the Former JayLynn parcel of the WHRSS.

Soil Vapor Assessment: Various volatile organic compounds (VOCs) in the form of soil vapor were found across the Property. The only VOC found to be above its VCP RG for potential residential vapor intrusion impacts was benzene.

Interim Remedial Actions: Interim remedial actions were performed to remove contaminated soils and NAPL in the area of the remnant FMGP structures by excavating this area to the water table.

Remedial Action Objectives:

Remedial Action Objectives (RAOs) are statements that define qualitative and quantitative goals that are to be achieved for the contaminants identified at the site. RAOs provide the framework from which potential remedial actions are evaluated which will achieve the objectives. RAOs for the Block 4 Property Redevelopment Parcel are as follows:
  • Conduct any ground intrusive work in accordance with the West Haymarket Area Environmental Operations and Maintenance (O&M) Plan for the WHRSS.
  • Maintain a minimum of three feet thick soil cap or six-inch thick hard surface prescribed and approved for the specific area in the remedial plan.
  • Install a chemically compatible vapor barrier and vapor mitigation system (VMS) for future buildings constructed on the property.

Proposed Final Remedial Actions:

A preliminary evaluation of various remedial alternatives and a feasibility analysis of the alternatives were performed. Based on this evaluation and analysis, along with consideration of the interim remedial actions previously completed, the proposed final remedial actions for the Block 4 Property Redevelopment Parcel are:
  • Comply with the elements of the established (or any amended) environmental covenant for the Alter North and Former JayLynn Parcels of the WHRSS (executed December 28, 2017). This environmental covenant was enacted in accordance with the Nebraska Uniform Environmental Covenants Act {Neb. Rev. Stat. §§76-2601 to 76-2613(or UECA)} and includes the following activity and use limitations:
    1. Groundwater shall not be used as a potable drinking water source;
    2. Contact with underlying contaminated soils shall be prevented by maintaining a minimum of three feet thick soil cap or six-inch thick hard surface prescribed and approved for the specific area;
    3. Any ground intrusive work must be conducted in accordance with the West Haymarket Area O&M Plan;
    4. Prior to any construction activity in the vicinity of free product and/or groundwater exhibiting the potential for vapor intrusion into structures on the Former JayLynn Redevelopment Site property, a plan must be submitted and approved by NDEE. The plan should describe how free product and/or vapor intrusion will be evaluated and mitigated prior to construction.
  • Install a VMS beneath the slab of each building constructed on the parcel consisting of a passive vent system overlain by a chemically compatible vapor membrane.
  • Establish a VMS O&M Plan to assure the VMS remains in place and effective
  • Implement annual performance monitoring to ensure compliance with the covenants and the prescribed inspection, maintenance, and documentation requirements of the WHRSS Area-wide and VMS O&M Plans to protect the integrity of all engineering controls.

Public Participation Procedures: You may receive additional information, submit written comments regarding the proposed actions, or request a hearing, in writing, on or before June 18, 2020. If you request a hearing, you must state the nature of the issues to be raised and present your arguments and facts to support your position in writing to the Department. If the Director grants a public hearing, the hearing will be advertised by public notice at least 30 days prior to its occurrence. Comments and requests should be mailed to David Haldeman, Land Division, Nebraska Department of Environment and Energy, PO Box 98922, Lincoln, NE 68509-8922, phone (402) 471-4210.

Contact: Digital copies of the proposed RAP and supporting documents are available online at http://deq.ne.gov/ , select "Public Records Search” at the bottom of the page then “Public Records Search” again. A box will appear that needs the following information “Start Date”, enter 05-02-18, “End Date”, enter 05-18-20, “DEQ Facility Number”, enter 80731, “DEQ Program ID”, leave blank, “DEQ Program” enter RAP. Select “Search” and all of the documents for that facility will appear. Use the “Index of Correspondence” to select the documents related to this public notice.

Persons with a disability and needing accommodation should notify the Department FIFTEEN DAYS PRIOR TO THE END OF THE PUBLIC NOTICE DATE by calling (402) 471-2186. TDD relay service users should call (800) 833-7352 and ask the relay operator to call the Department at (402) 471-2186.

Further information may be obtained from Mike Felix, Remediation Section, (402) 471-4210.