FINAL PLAN OF REMEDIAL ACTION

2603 Kirkwood Highway Site

2603 Capitol Trial August 18, 2021 Newark, Delaware DNREC Project No. DE-1727 This Final Plan of Remedial Action (Final Plan) presents clean-up actions required by the Department of Natural Resources and Environmental Control (DNREC) to address environmental contamination at the 2603 Kirkwood Highway Site.

DNREC issued public notice of the Proposed Plan of Remedial Action (Proposed Plan) for the Site on July 14, 2021 and opened a 20-day public comment period. The Proposed Plan is attached. There were no comments from the public; therefore, the Proposed Plan is adopted as the Final Plan.

Approval: This Final Plan meets the requirements of the Hazardous Substance Cleanup Act.

_____________________________________ Qazi Salahuddin, Program Administrator Remediation Section

_____________________________________ Date

CRM:crm:slw CRM21032.doc DE-1727 II B 9

08/18/2021

PROPOSED PLAN OF REMEDIAL ACTION

2603 Kirkwood Highway Site Newark, Delaware

DNREC Project No. DE-1727

July 2021

Delaware Department of Natural Resources and Environmental Control

Division of Waste and Hazardous Substances Remediation Section

391 Lukens Drive New Castle, Delaware 19720

CONTENTS • Figures: 1 - 2 • Glossary of Terms

2

PROPOSED PLAN OF REMEDIAL ACTION

2603 Kirkwood Highway Site Newark, Delaware

DNREC Project No. DE-1727

Approval: This Proposed Plan meets the requirements of the Hazardous Substance Cleanup Act.

Approved by:

Qazi Salahuddin, Environmental Program Administrator Remediation Section 7/12/21 Date

3

PROPOSED PLAN Questions & Answers

2603 Kirkwood Highway Site

What is the Proposed Plan of Remedial Action? The Proposed Plan of Remedial Action (Proposed Plan) summarizes the clean-up (remedial) actions that are being proposed to address contamination found at the 2603 Kirkwood Highway – Astro Center (Site) and provides the opportunity for public comment. A legal notice is published in the newspaper for a 20-day comment period. After the 20-day comment period, DNREC considers and addresses all public comments received and will publish a Final Plan of Remedial Action (Final Plan) for the Site. What is the Former 2603 Kirkwood Highway Site? The Site is located at 2603 Kirkwood Highway in Newark, Delaware (Figure 1). The property consists of New Castle County tax parcel 0805510096, totaling approximately 0.52 acres (Figure 2). The Site is located at the intersection DE Route 2 and Meadowood Drive. The Site consists of a single-story convenience store with associated gas filling structures (including gas pumps). What happened at the 2603 Kirkwood Highway Site? According to historic documents, the one (1) building was present on-site dating back to the 1960’s. The Site reportedly operated as a gas station up until 2021, with four (4) underground storage tanks (USTs) reported as being removed from the Site in 1988 and one (1) UST reported as being removed from the Site in 1996. Additionally, four (4) 10,000 gallon gasoline USTs were emptied in July 2020. What are the environmental problems at the 2603 Kirkwood Highway Site? The Site was investigated due to potential environmental impacts related to gasoline, petroleum, and used oil storage tanks from previous commercial uses of the property. A Brownfield Investigation (BFI) was completed for the Site in December 2020. During the Brownfield Investigation, 13 soil borings were advanced on-site with 13 shallow and 13 deep soil samples collected (Figure 2). Additionally, six (6) of the soil borings were converted into monitoring wells and a groundwater sample was collected at each well. Further, at a later date, one (1) off-site well was installed across Kirkwood Highway and one (1) groundwater sample was collected from that well. Multiple contaminants of potential concern (COPC) were found in shallow soils, deep soils, and groundwater. COPCs in soils include various metals and one petroleum (1) semi-volatile organic compound.

4

Further, multiple COPCs were found in groundwater samples collected on-site. COPCs include multiple total and dissolved metals, two (2) petroleum semi-volatile organic compounds, and multiple petroleum volatile organic compounds. For the off-site well, multiple dissolved and total metals were identified as COPCs. Identified COPCs in the off-site well are not associated with the known releases at the site. As part of the Brownfield Investigation, COPCS were retained and used in a site-specific risk assessment. The risk assessment calculates possible increased carcinogenic and non-carcinogenic risks associated with the identified COPCS assuming no remediation is conducted. Multiple future site use scenarios are included in a risk assessment (e.g. future residential use scenarios, future commercial use scenarios, excavation worker risk, trespasser risk, etc.). The current development plan indicates the site will be used for commercial purposes. A separate risk assessment was performed for the off-site well. Also, onsite groundwater was evaluated as a potential source of vapor intrusion. The maximum observed volatile organic compound COPCs in on-site groundwater were input into the EPA Office of Solid Waste and Emergency Response Vapor Intrusion Screening Level (VISL) Calculator to evaluate potential risk and hazards from groundwater into indoor air. The risk assessments concluded: Shallow Soils: no increased risk identified Shallow and Deep Soils (combined): no increased risk identified Groundwater (on-site): increased carcinogenic and non-carcinogenic risk assuming future residential or indoor commercial worker groundwater use. Groundwater (off-site well): increased carcinogenic and non-carcinogenic risk assuming residential or indoor commercial worker groundwater use. The property where the off-site groundwater well is located is currently used for commercial purposes and is connected to county water (i.e. not using groundwater at the property). Vapor intrusion (from on-site groundwater): possible vapor intrusion risk for on-site residential use or indoor commercial worker use. According to the development plan, no occupied structures will be placed or kept on-site. Vapor intrusion (from off-site groundwater): no increased risk identified What does the owner want to do at the 2603 Kirkwood Highway Site? The Brownfield Developer intends to redevelop the Site into a larger automotive fueling station. Redevelopment plans currently anticipate demolishing the on-site building and erecting a new structure off-site, on tax parcels north of this Site. What additional clean-up actions are needed at the 2603 Kirkwood Highway Site? DNREC proposes the following remedial actions for the 2603 Kirkwood Highway site, which need to be completed before a Certification of Completion of Remedy (COCR) can be issued:

5

1. Perform a soil gas investigation, to determine if further remediation is necessary, should the existing building remain on-site or should a new structure be built on the site.

2. Submit an Environmental Covenant for DNREC’s approval within 60 days after the issuance of the Final Plan of Remedial Action.

3. Record an Environmental Covenant, consistent with Delaware’s Uniform Environmental

Covenants Act (Title 7, Del. Code Chapter 79, Subtitle II) (UECA), in the office of the Recorder of Deeds within 60 days after the issuance of the Final Plan of Remedial Action. The Environmental Covenant will include the following:

[a.] Limitation of Groundwater Withdrawal. No groundwater wells shall be installed and no groundwater shall be withdrawn from any well on the Property without the prior written approval of DNREC-RS and DNREC Division of Water; [b.] Compliance with Contaminated Materials Management Plan. All work required by the CMMP must be performed to DNREC’s satisfaction in accordance with the Plan.

4. Submit to DNREC a CMMP within 60 days of the issuance of a Final Plan of Remedial Action. The CMMP will allow construction workers to safely handle any potential contaminated soil and groundwater at the Site during and following redevelopment.

5. Implement the CMMP upon DNREC approval.

6. Request a COCR within 60 days of DNREC approval of the Remedial Action Completion Report.

What are the long-term plans for the Site after the cleanup? The development plans for the Site include developing the property into an automotive fueling station. How can I find additional information or comment on the Proposed Plan? The complete file on the Site including the Brownfield Investigation Report and other various reports are available in DNREC’s Delaware Environmental Navigator (DEN), found under facility name “2603 Kirkwood Highway,” at:

http://www.nav.dnrec.delaware.gov/DEN3/

The 20-day public comment period begins on July 14, 2021 and ends at close of business (4:30 pm) on Monday August 3, 2021. Please send written comments to the DNREC office at 391 Lukens Drive, New Castle, DE 19720 to Caleb Melvin, Project Officer or via email to:

6

RS_Public_Comments@delaware.gov

Figure 1: Site Location Map Figure 2: Site Location Aerial with Sample Locations CRM;dh CRM21027.doc DE 1727 II B8

7

8

Figure 2

9

Glossary of Terms Used in this Proposed Plan

Brownfield Development Agreement (BDA)

This legal agreement is between a potential developer of a Delaware-certified Brownfields Site and the DNREC. The developer agrees to investigate and cleanup a Brownfields property under the oversight of the Department in exchange for liability protection.

Brownfield Investigation (BFI) Thorough environmental study of a site which includes 1) sampling of site environmental media and/or wastes on the property and 2) conducting a preliminary risk assessment using the data collected to determine the risk posed to human health and the environment.

Certified Brownfield

A Brownfield that DNREC has determined is eligible for partial funding through the Delaware Brownfields Program

Certification of Completion of Remedy (COCR)

A formal determination by the Secretary of DNREC that remedial activities required by the Final Plan of Remedial Action have been completed.

Contaminants of Potential Concern (COPC)

Potentially harmful chemicals identified during the investigation. COPCs are chemicals that exceed their respective DNREC screening level values and are retained for further analysis in the risk assessment.

Contaminant of Concern (COC) Harmful substances at concentrations above acceptable levels, identified from the risk assessment.

Contaminated Materials Management Plan

A written plan specifying how potentially contaminated material at a Site will be sampled, evaluated, staged, transported and disposed of properly.

Exposure Contact with a substance through inhalation, ingestion, or direct contact with the skin. Exposure may be short term (acute) or long term (chronic).

Final Plan of Remedial Action DNREC’s adopted plan for cleaning up a hazardous site. Groundwater Management Zone A geographical area where DNREC restricts drilling for

ground water because it is contaminated Hazardous Substance Cleanup Act (HSCA)

Delaware Code Title 7, Chapter 91. The law that enables DNREC to identify parties responsible for hazardous substances releases and requires cleanup with oversight of the Department.

Risk Assessment A quantitative evaluation of only the most obvious and likely risks at a site

Risk Likelihood or probability of injury, disease, or death. Risk Assessment Guidance for Superfund (RAGS)

An EPA guidance document for superfund sites

Restricted Use Commercial or Industrial setting RS (DNREC-RS) Remediation Section of DNREC, which oversees cleanup

of sites that were contaminated as a result of past use, from dry cleaners to chemical companies

cation of e dump