Transforming an Oil Field Transforming an Oil Field Waste Disposal Facility into Waste Disposal Facility into

300 Residential Units and an 300 Residential Units and an Ecological Preserve-Ecological Preserve-

Integration of Endangered Species Impacts with Integration of Endangered Species Impacts with Remedial Processes andRemedial Processes and

Deal Structure to Align Interests Deal Structure to Align Interests

Presented by Charles E. Robinson, P.E. of LFR Inc.Presented by Charles E. Robinson, P.E. of LFR Inc.

GROWING COMMUNITIES ON KARST 2007September 12, 2007September 12, 2007

Presentation OutlinePresentation Outline

• BackgroundBackground

• Brief HistoryBrief History

• Development ChallengesDevelopment Challenges– Previously Extinct- Ventura Marsh Milk VetchPreviously Extinct- Ventura Marsh Milk Vetch

•EIR and Settlement ConstraintsEIR and Settlement Constraints

– Development StructureDevelopment Structure

• Complimentary Challenges and Complimentary Challenges and SolutionsSolutions

BackgroundBackground

• Located in the City of Oxnard, CALocated in the City of Oxnard, CA

• Near Ocean- infill propertyNear Ocean- infill property

• 90-acre landfill used for oil field 90-acre landfill used for oil field waste disposal (mostly drilling muds)waste disposal (mostly drilling muds)

• Operated and Land-farmed from Operated and Land-farmed from 1954 – 19821954 – 1982

North Shore Site Location

Site LocationSite Location

North Shore - 1978North Shore - 1978

North Shore – Pre-North Shore – Pre-remediationremediation

HistoryHistory

• Operational Disposal Facility 1954-Operational Disposal Facility 1954-19801980

• ““Closed” in 1981Closed” in 1981

• Sold by original land holder in early Sold by original land holder in early 1990’s1990’s

• Early investigations found TPH, Ba, Early investigations found TPH, Ba, VOCs, PCBs- TPH dominated approachVOCs, PCBs- TPH dominated approach

HistoryHistory

• RWQCB approved RAP- 1996RWQCB approved RAP- 1996– On-site treatment and disposal of waste materialOn-site treatment and disposal of waste material– Clean-up levels to be finalizedClean-up levels to be finalized

• EIR PerformedEIR Performed– Remediation approved Remediation approved – Discovery of Ventura Marsh Milk VetchDiscovery of Ventura Marsh Milk Vetch– Complex Litigation and Negotiation Complex Litigation and Negotiation

• Califonia Coastal Commission- Coastal Califonia Coastal Commission- Coastal Development PlanDevelopment Plan– Development permitted to fund groundwater Development permitted to fund groundwater

remediationremediation

Ventura Marsh Milk-VetchVentura Marsh Milk-Vetch

• Last seen in 1983Last seen in 1983

• Listed as possibly extinct in 1993Listed as possibly extinct in 1993

• Found on the North Shore site in 1997Found on the North Shore site in 1997

• Listed as an endangered species in Listed as an endangered species in 20012001

• Scientific name:Scientific name: Astragalus Astragalus pycnostachyus var. lanosissimuspycnostachyus var. lanosissimus

Ventura Marsh Milk-VetchVentura Marsh Milk-Vetch

Ventura Marsh Milk Vetch

• Endangered Status required consideration through State Agencies and Courts through EIR

• Negotiated mitigation:– UCSB funded to establish seed bank– Off-site locations for Milk-Vetch Establishment– Mitigation property– Milk Vetch Preservation Area– Resource Protection Area

Residential and Preserve Residential and Preserve AreasAreas

Ventura Marsh Milk Vetch

•USFWS found at fault for Failure to Designate Critical Habitat– Lack of knowledge forced “assumed”

habitat designation– USFWS designated entire Site as critical

habitat to satisfy legal requirement

History ContinuedHistory Continued

• Project transferred to DTSC in 2004Project transferred to DTSC in 2004– Risk orientationRisk orientation– Residential land useResidential land use– RWQCB rejection of ‘96 RAPRWQCB rejection of ‘96 RAP

• RI/FS/RAP completed in late 2005RI/FS/RAP completed in late 2005– Consistent with RWQCB RAPConsistent with RWQCB RAP

•Almost all affected material left on-siteAlmost all affected material left on-site•Remedial objectives definedRemedial objectives defined•Shift away from TPH focus to other chemicals-Shift away from TPH focus to other chemicals-

PCBs, VOCs, Dioxins, and BariumPCBs, VOCs, Dioxins, and Barium

Site Site Characterization/RemediationCharacterization/Remediation

Remedial ActionRemedial Action• Soil Consolidation- low transport potential Soil Consolidation- low transport potential

for PCB, Dioxin, TPH, and metals- Title 27 for PCB, Dioxin, TPH, and metals- Title 27 (Landfill) exclusion for 5’ to groundwater(Landfill) exclusion for 5’ to groundwater

• VOC AreaVOC Area– High soils treated ex-situ SVEHigh soils treated ex-situ SVE– Low soils used as SCA capLow soils used as SCA cap– Groundwater treatmentGroundwater treatment– NAPL excavation NAPL excavation

• Resource Protection Area- restricted use- Resource Protection Area- restricted use- Similar Demands as Soil Consolidation Area Similar Demands as Soil Consolidation Area

Post Remediation Cross Post Remediation Cross SectionSection

History ContinuedHistory Continued

• EPA- Toxic Substance Control ActEPA- Toxic Substance Control Act– PCB responsibilityPCB responsibility– Initial approach to use pre-1978 exclusion Initial approach to use pre-1978 exclusion

rejected because of minor soil movementrejected because of minor soil movement– Risk based approach favoredRisk based approach favored– Review of DTSC/LFR RAPReview of DTSC/LFR RAP– Change in approach from self-Change in approach from self-

implemented to EPA discressionary implemented to EPA discressionary review mandated ESA Section 7 review mandated ESA Section 7 ConsultationConsultation

History ContinuedHistory Continued• EPA/US Fish and Wildlife Service- EPA/US Fish and Wildlife Service-

Endangered Species ActEndangered Species Act– Only wild Ventura Marsh Milk Vetch populationOnly wild Ventura Marsh Milk Vetch population– Prior designation of Critical Habitat named Prior designation of Critical Habitat named

Primary Constituent ElementsPrimary Constituent Elements– VM Milk-vetch requires 30” to water table and VM Milk-vetch requires 30” to water table and

Site water table is 30’ deepSite water table is 30’ deep– ““impermeable” sludge impermeable” sludge savedsaved Milk Vetch from Milk Vetch from

extinctionextinction– Evaluation of PCEs demonstrated no Evaluation of PCEs demonstrated no

degradation of critical habitatdegradation of critical habitat• Unique consideration of ESA and Unique consideration of ESA and

RemediationRemediation

Development Issues- Legal and Development Issues- Legal and Financial Tools EmployedFinancial Tools Employed

• Need to Provide Development Investors Need to Provide Development Investors CertaintyCertainty– Remedial UncertaintyRemedial Uncertainty– Geotechnical ConsiderationsGeotechnical Considerations

• LiquefactionLiquefaction

• Differential SettlementDifferential Settlement

• MarketabilityMarketability

• Time for CompletionTime for Completion

• Mitigation ComplicationsMitigation Complications

Guaranteed Site Solution Contract

• Aligns Interests of LFR and Development Goals

• Tiers of Incentives by Contract

• Time Consideration

• Downside and Upside Incentives

• Linkage with Insurance

• Forces Proactive/Thinking Project Management

Legal and Financial Tools

•Stop Loss Insurance on Remediation– Based Upon Preliminary Agency

Discussions and Original RWQCB RAP– Based Upon Early Engineer’s Estimate

with Contractor Input- agreed to evaluate post-RAP adoption

– Sub-limit for Mitigation Property

Changes From Inception

•Agency Change- RWQCB vs. DTSC

•Contaminant Emphasis Change– Dioxins– PCB- TSCA – VOCs- DNAPL and high concentrations– Higher volumes

•Vapor Concern of Agencies

Geotechnical Concerns Geotechnical Concerns

Remedial ActionRemedial Action

RemediationRemediation

Status-

• Remediation nearly completed- October

• Geotechnical and Soil Treatment Costs Diminished

• Groundwater Costs Increased

• Contingency used 50%- in line with budgets

• Substantially below SIR

• Time increased for both entitlement and remedial issues

Current Site StatusCurrent Site Status

Conceptual Site with HomesConceptual Site with Homes

Solution?Solution?

Questions?Questions?