UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 5 Post Office Square, Suite 100 Boston, MA 02109-3912 Superfund Records Center SITE: fc&y t*\*r k BREAK: 5*, 1 OTHER: Memorandum " Date: September 7, 2016 Subject: Section 7 Consultation for the Endangered Species Act Northern Long-eared Bat Raymark Superfund Site, Stratford, Connecticut Operable Units 2, 3,4 and 6 To: Raymark Superfund Site File From: James DiLorenzo, Remedial Project Manager pA (9 EPA is in the process of cleaning up the Raymark Superfund Site located in Stratford, Connecticut. Currently, cleanup efforts are focused on four operable units that will be addressed under one Record of Decision (ROD) which EPA anticipates issuing in September, 2016. A description of the work is presented in Attachment A Using U.S. Fish and Wildlife Service (USFWS) IPaC database to generally identify threatened or endangered species that may be present in the remediation area, the northern long-eared bat (NLEB) was identified as being potentially present within the areas of remediation for OUs 2, 3,4 and 6. A map of those areas is attached as Figure 1- 1. The NLEB was listed as threatened under the Endangered Special Act (ESA) on April 2, 2015, by the USFWS. No critical habitat has been designated for the NLEB. Under section 7 of the ESA, a federal agency that, among other things, funds or otherwise authorizes activities that may affect a listed species must consult with the USFWS to ensure that its actions are not likely to jeopardize the continued existence of any listed species. The USFWS also developed a final 4(d) rule under the ESA which specifically defines the "take" prohibitions. USFWS frequently asked questions regarding consultation also provides that a federal agency is not required to consult with the Services if it determines an action will not affect listed species or critical habitat, https://www.fws.gov/endangered/what-we- do/faq.html#8 SEMS DocID 593250
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1
5 Post Office Square, Suite 100 Boston, MA 02109-3912
Superfund Records Center SITE: fc&y t*\*r k
BREAK: 5*, 1
OTHER: Memorandum "
Date: September 7, 2016
Subject: Section 7 Consultation for the Endangered Species Act Northern Long-eared Bat Raymark Superfund Site, Stratford, Connecticut Operable Units 2, 3,4 and 6
To: Raymark Superfund Site File
From: James DiLorenzo, Remedial Project Manager pA (9
EPA is in the process of cleaning up the Raymark Superfund Site located in Stratford, Connecticut. Currently, cleanup efforts are focused on four operable units that will be addressed under one Record of Decision (ROD) which EPA anticipates issuing in September, 2016. A description of the work is presented in Attachment A
Using U.S. Fish and Wildlife Service (USFWS) IPaC database to generally identify threatened or endangered species that may be present in the remediation area, the northern long-eared bat (NLEB) was identified as being potentially present within the areas of remediation for OUs 2, 3,4 and 6. A map of those areas is attached as Figure 1-1.
The NLEB was listed as threatened under the Endangered Special Act (ESA) on April 2, 2015, by the USFWS. No critical habitat has been designated for the NLEB. Under section 7 of the ESA, a federal agency that, among other things, funds or otherwise authorizes activities that may affect a listed species must consult with the USFWS to ensure that its actions are not likely to jeopardize the continued existence of any listed species. The USFWS also developed a final 4(d) rule under the ESA which specifically defines the "take" prohibitions.
USFWS frequently asked questions regarding consultation also provides that a federal agency is not required to consult with the Services if it determines an action will not affect listed species or critical habitat, https://www.fws.gov/endangered/what-we-do/faq.html#8
SEMS DocID 593250
In January, 2016, USFWS issued a Biological Opinion (BO) that addresses the effects to the northern long-eared bat (NLEB) resulting from the Service's finalization of a special rule under the authority of section 4(d) of the Act. It also evaluates activities that the Service proposes to prohibit and except from take prohibitions under the final 4(d) rule. In the request for intra-Service consultation, the Service proposes a framework for streamlined section 7 consultation for other federal actions that may affect the NLEB and are consistent with the provisions of the 4(d) rule. This is a programmatic intra-Service consultation, because it addresses multiple actions on a program basis conducted under the umbrella of the final 4(d) rule. Among other determinations made in the BO not relevant to this Site, FWS determined the following:
Within the WNS zone1, the final 4(d) rule prohibits incidental take of NLEBs in their hibernacula, which may be caused by activities that disturb or disrupt hibernating individuals when they are present as well as the physical or other alteration of the hibernaculum's entrance or environment when bats are not present; and
Incidental take resulting from tree removal is prohibited if it: (1) occurs within 0.25 miles (0.4 km) of known NLEB hibernacula; or (2) cuts or destroys known, occupied maternity roost trees or any other trees within a 150-foot (45-meter) radius around the known, occupied maternity tree during the pup season (June 1 to July 31).
Federal agencies can rely upon the finding of this BO to fulfill their project-specific section 7(a)(2) responsibilities if they utilize the optional framework as described. However, as explained above, if an agency determines that a proposed action will have no effect, the Service does not need to be notified.
Location information for hibernacula and maternity roost trees is generally kept in state Natural Heritage Inventory databases. Connecticut Department of Energy and Environment Protection has provided a map of northern long-eared bat areas of concern in Connecticut to assist with Federal Endangered Species Act Compliance. See Figure 2 to this Memorandum. According to that map no areas of known northern long-eared bat hibernacula have been identified in Fairfield County, where the Town of Stratford is located, nor are there any known northern long-eared bat maternity roost trees in Fairfield County.
1 The Action Area addressed in this BO includes the entire range of the NLEB within the United States, which includes all or portions of 37 States and the District of Columbia from Maine west o Montana, south to eastern Kansas, eastern Oklahoma, Arkansas, and east to South Carolina. Within the Action Area, the WNS zone currently includes all or most of the states within the species' range except North Dakota, Montana, South Dakota, and Wyoming.
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For these reasons, EPA concludes remediation of operable units 2,3,4 and 6 will have "no effect" on the northern long-eared bat. If, during remedial design and remedial action, any evidence of NLEB hibernacula or maternity roost tress are found, EPA will revisit this determination.
Programmatic Biological Opinion on Final 4(d) Rule for the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions, USFWS, Midwest Regional Office, January 5,2016 https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/BOnlebFinal4d.pdf
Connecticut Department of Energy and Environmental Protection: Natural Diversity Database Northern long-eared bat areas of concern in Connecticut to assist with Federal Endangered Species Act Compliance http://www.ct.gov/deep/lib/deep/endangered species/images/nleb approved2 16.pdf
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Section 7 Consultation for the Endangered Species Act Northern Long-eared Bat Raymark Superfund Site, Stratford, Connecticut Operable Units 2, 3, 4 and 6
Attachment A Project Description
Site Background: The Site consists of nine distinct areas that have been contaminated as a result of manufacturing processes from the former Raymark Industries, Inc. facility, which was located at 75 East Main Street, Stratford, Fairfield County, Connecticut. Raymark operated at this location from 1919 until 1989. During the facility's 70 years of operation, it was common practice to dispose of its manufacturing waste as fill material to raise natural grades in low-lying areas at the facility. Raymark also offered manufacturing wastes as "free fill" to employees, residents, and the Town. As a result, Raymark waste has come to be located at various locations throughout the Town of Stratford, including residential properties and numerous commercial, recreational, and municipal properties. In addition, several wetland areas in proximity to Ferry Creek and the Housatonic River were also filled in with Raymark's manufacturing waste. Historical data suggest that a portion of Ferry Creek was diverted in the 1950s due to construction of Interstate 95. Groundwater underlying the Raymark facility and vicinity is contaminated by a variety of chemicals including a group of cleaning solvents that contain volatile organic compounds (VOCs). EPA has already addressed Raymark fill waste contamination at the former Raymark Industries, Inc. facility and many (mostly residential) properties.
OU2/Groundwater: Groundwater remediation, known as operable unit 2 (OU2), consists of contaminated groundwater migrating from the former Raybestos facility to the Housatonic River. An ecological risk assessment determined there was no actionable risk posed from groundwater discharge to surface water. The only route of exposure is future use of groundwater and potential vapor intrusion to overlying structures and residential homes.
Because the entire affected area used public water, the proposed cleanup remedy for OU2 addresses future use of groundwater through institutional controls in the form of a local ordinance, deed notices or other land use restrictions. The potential vapor intrusion risks to approximately 20 mostly residential properties is addressed by installing vapor ventilation systems. This work will be conducted at and within existing homes and other existing structures.
OU3/Upper Ferrv Creek: This OU runs from Interstate 95 to the Broad Street bridge in Stratford, CT. (Lower Ferry Creek will be addressed in a future proposed cleanup plan.) Raymark Waste was historically used to fill in nearby wetland areas and historical data show that a portion of the creek was diverted in the 1950s due to construction of Interstate 95. The creek channel and portions of the banks contain visible Raymark Waste. The OU3 (Upper Ferry Creek) area is estimated to encompass approximately seven acres, including approximately 1.2 acres of wetlands and 1.4 acres of open water.
The proposed cleanup remedy for OU3 addresses Raymark Waste contamination in sediment and soils by: excavating and removing the top two feet of sediment from the creek channel up to the mean high-level water mark, excavating and removing soil that meets the definition of Raymark Waste from the creek banks up to a depth of four feet; and excavating and removing wetland soil that meets the definition of Raymark Waste up to a depth of four feet. Some tree removal may be necessary. All excavated sediment and soil will be replaced with clean material, and excavated areas will be restored to original grade and revegetated with native species. Areas of steep banking will require the use of rip-rap. Excavated soil and sediment will be consolidated at OU4 or shipped to a licensed out-of-town disposal facility. The proposed cleanup action will restore disturbed and contaminated areas, including restoration of wetlands.
OU4/Ravbestos Memorial Ballfield: The Ballfield was in use from 1947 through 1987 and has since been abandoned. Prior to use as a ballfield, the area was disturbed and low-lying/wet areas filled in with Raymark Waste. All vegetation on site has grown in since the late 1980s and includes a mix of regional immature tree and shrub species, and grasses. The location does not provide robust wildlife habitat as it is surrounded to the north by a residential neighborhood, to the east by a street and the Town's Department of Public Works, to the south by a the Metro-North high-speed rail line, and to the west by the former Contract Plating facility (a Brownfields site where the contaminated facility building was recently demolished).
The proposed cleanup remedy for OU4 addresses Raymark Waste contamination in soil by: clearing vegetation, including tree removal, and removal of old infrastructure; constructing an access road from Longbrook Avenue through the former Contract Plating property (a Brownfields property) to the ballfield; consolidation of excavated sediment and Raymark Waste from OU3 and OU6 with the existing 111,000 cubic yards of Raymark Waste on OU4; construction of a permanent, low-permeability cap over the consolidation area to isolate contamination; construction of storm water management features; construction of a permanent or temporary visual and sound barrier along the boundary with Patterson Avenue, Clinton Avenue, and Cottage Place; and restoration of the property with vegetation and pavement as appropriate.
OU6/Additional Properties: OU6 consists of 22 non-contiguous commercial, recreational, and residential properties where Raymark Waste was used to fill low-lying areas. (Recreational properties include a boat launch and Wooster Park.) All properties are located in relatively urban areas, surrounded by other commercial properties or residential neighborhoods. Many of the properties are already developed and do not provide wildlife habitat. The undeveloped properties are road-side vacant lots of limited acreage.
The proposed cleanup remedy for OU6 addresses Raymark Waste contamination in soil at the various impacted properties by: excavating and removing soil that meets the definition of Raymark Waste to a depth of four feet; replacement of excavated soil with clean material; and restoration of excavated areas to pre-excavation grade and condition, including pavement or vegetation as appropriate. Any affected wetlands will be restored. Excavated soil and sediment will be consolidated at OU4 or shipped to a licensed out-of-town disposal facility.
Section 7 Consultation for the Endangered Species Act Northern Long-eared Bat Raymark Superfund Site, Stratford, Connecticut
I Operable Units 2, 3, 4 and 6
Attachment A " Project Description
— Site Background: The Site consists of nine distinct areas that have been contaminated as a — - result of manufacturing processes from the former Raymark Industries, Inc. facility, which was
located at 75 East Main Street, Stratford, Fairfield County, Connecticut Raymark operated at this location from 1919 until 1989. During the facility's 70 years of operation, it was common practice to dispose of its manufacturing waste as fill material to raise natural grades in low-lying areas at the facility. Raymark also offered manufacturing wastes as "free fill" to employees, residents, and the Town. As a result, Raymark waste has come to be located at various locations throughout the Town of Stratford, including residential properties and numerous commercial,
' " ; recreational, and municipal properties. In addition, several wetland areas in proximity to Ferry -Greek and the Housatonic River were also filled in with Raymark's manufacturing waste. Historical data suggest that a portion of Ferry Creek was diverted in the 1950s due to
——constructioiLofllnterstate 95. Groundwater underlying the Raymark facility and vicinity is contaminated by a variety of chemicals including a group of cleaning solvents that contain volatile organic compounds (VOCs). EPA has already addressed Raymark fill waste contamination at the former Raymark Industries, Inc. facility and many (mostly residential) properties.
QU2/Groundwater: Groundwater remediation, known as operable unit 2 (OU2), consists of — - contaminated groundwater migrating from the former Raybestos facility to the Housatonic River.
An ecological risk assessment determined there was no actionable risk posed from groundwater discharge to surface water. The only route of exposure is future use of groundwater and potential vapor intrusion to overlying structures and residential homes.
Because the entire affected area used public water, the proposed cleanup remedy for OU2 addresses future use of groundwater through institutional controls in the form of a local ordinance, deed notices or other land use restrictions. The potential vapor intrusion risks to approximately 20 mostly residential properties is addressed by installing vapor ventilation
: systems. This work will be conducted at and within existing homes and other existing structures.
OU3/Upper Ferrv Creek: This OU runs from Interstate 95 to the Broad Street bridge in Stratford, CT. (Lower Ferry Creek will be addressed in a future proposed cleanup plan.)
- * - • _ • "Raymark Waste was historically used to fill in nearby wetland areas and historical data show that a portion of the creek was diverted in the 1950s due to construction of Interstate 95. The creek channel and portions of the banks contain visible Raymark Waste. The OU3 (Upper Ferry Creek) area is estimated to encompass approximately seven acres, including approximately 1.2 acres of wetlands and 1.4 acres of open water.
The proposed cleanup remedy for 0U3 addresses Raymark Waste contamination in sediment and soils by: excavating and removing the top two feet of sediment from the creek channel up to the mean high-level water mark, excavating and removing soil that meets the definition of Raymark Waste from the creek banks up to a depth of four feet; and excavating and removing wetland soil that meets the definition of Raymark Waste up to a depth of four feet. Some tree removal may be necessary. All excavated sediment and soil will be replaced with clean material, and excavated areas will be restored to original grade and revegetated with native species. Areas of steep banking will require the use of rip-rap. Excavated soil and sediment will be consolidated at OU4 or shipped to a licensed out-of-town disposal facility. The proposed cleanup action will restore disturbed and contaminated areas, including restoration of wetlands.
OU4/Ravbestos Memorial Ballfield: The Ballfield was in use from 1947 through 1987 and has since been abandoned. Prior to use as a ballfield, the area was disturbed and low-lying/wet areas filled in with Raymark Waste. All vegetation on site has grown in since the late 1980s and includes a mix of regional immature tree and shrub species, and grasses. The location does not provide robust wildlife habitat as it is surrounded to the north by a residential neighborhood, to the east by a street and the Town's Department of Public Works, to the south by a the Metro-North high-speed rail line, and to the west by the former Contract Plating facility (a Brownfields site where the contaminated facility building was recently demolished).
The proposed cleanup remedy for OU4 addresses Raymark Waste contamination in soil by: clearing vegetation, including tree removal, and removal of old infrastructure; constructing an access road from Longbrook Avenue through the former Contract Plating property (a Brownfields property) to the ballfield; consolidation of excavated sediment and Raymark Waste from OU3 and OU6 with the existing 111,000 cubic yards of Raymark Waste on OU4; construction of a permanent, low-permeability cap over the consolidation area to isolate contamination; construction of storm water management features; construction of a permanent or temporary visual and sound barrier along the boundary with Patterson Avenue, Clinton Avenue, and Cottage Place; and restoration of the property with vegetation and pavement as appropriate.
OU6/Additional Properties: OU6 consists of 22 non-contiguous commercial, recreational, and residential properties where Raymark Waste was used to fill low-lying areas. (Recreational properties include a boat launch and Wooster Park.) All properties are located in relatively urban areas, surrounded by other commercial properties or residential neighborhoods. Many of the properties are already developed and do not provide wildlife habitat. The undeveloped properties are road-side vacant lots of limited acreage.
The proposed cleanup remedy for OU6 addresses Raymark Waste contamination in soil at the various impacted properties by: excavating and removing soil that meets the definition of Raymark Waste to a depth of four feet; replacement of excavated soil with clean material; and restoration of excavated areas to pre-excavation grade and condition, including pavement or vegetation as appropriate. Any affected wetlands will be restored. Excavated soil and sediment will be consolidated at OU4 or shipped to a licensed out-of-town disposal facility.
Fc^UV-e- 2-
Northern long-eared bat areas of concern in Connecticut to assist with Federal Endangered Species Act Compliance
February 1, 2016 For information on federal requirements visit http://www.fws.gov/midwest/endangered/mammals/nleb/
