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ADDENDUM TO THE REUSE ASSESSMENT REPORT

ROLLING KNOLLS LANDFILL SUPERFUND SITE CHATHAM TOWNSHIP

NEW JERSEY

Prepared for

Rolling Knolls Landfill Settling Parties

Prepared by

TRC Windsor, CT

April 2017

CISB9.

ADDENDUM TO THE REUSE ASSESSMENT REPORT ROLLING KNOLLS LANDFILL

SUPERFUND SITE CHATHAM TOWNSHIP

NEW JERSEY

Prepared for Rolling Knolls Landfill Settling Parties

Prepared by TRC

Windsor, Connecticut

TRC Project No. 270551.0000.0000 April 2017

Addendum to the Reuse Assessment

Table of Contents Rolling Knolls Landfill

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TABLE OF CONTENTS LIST OF ACRONYMS AND ABBREVIATIONS ............................................. ii

1.0 INTRODUCTION .............................................................................. 1

2.0 REUSE ASSESSMENT – PARTIAL RESIDENTIAL USE ...................... 3

2.1 Federal- and State-Regulated Areas .......................................... 3

2.2 Lack of Supporting Infrastructure ............................................. 5

2.3 General Constraints Associated With Landfill Redevelopment . 6

2.4 Local Planning and Zoning ......................................................... 6

2.5 Local Ordinances ........................................................................ 8

2.5.1 Critical Areas and Wetlands ......................................................... 8

2.5.2 Flooding and Flood Prevention ..................................................... 9

2.5.3 Tree Cover ................................................................................. 9

2.5.4 Septic Systems ......................................................................... 10

2.5.5 General Environmental Impacts ................................................. 10

2.6 Public Input .............................................................................. 11

3.0 CONCLUSIONS .............................................................................. 12

4.0 REFERENCES ................................................................................. 15

FIGURES

1 Federal and State Regulated Areas ......................................................... 4

ATTACHMENT A

Figure 3 – Zoning Designations Map from Baseline Human Health Risk Assessment

1979 Chatham Township Zoning Map


List of Acronyms and Abbreviations Rolling Knolls Landfill

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LIST OF ACRONYMS AND ABBREVIATIONS

BHHRA Baseline Human Health Risk Assessment

BMP Best Management Practice

CERCLA Comprehensive Environmental Response, Compensation and Liability Act

EIS Environmental Impact Statement

ESA Environmentally Sensitive Area

FHA Flood Hazard Area

FS Feasibility Study

GSNWR Great Swamp National Wildlife Refuge

NJAC New Jersey Administrative Code

NJDEP New Jersey Department of Environmental Protection

RI Remedial Investigation

TRC TRC Environmental Corporation

USEPA United States Environmental Protection Agency


Introduction Rolling Knolls Landfill

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1.0 INTRODUCTION A Remedial Investigation (RI) and Feasibility Study (FS) (collectively, RI/FS) are being conducted for the Rolling Knolls Landfill Superfund Site (the Site) located in Chatham Township, New Jersey. The RI/FS is being conducted on behalf of Chevron Environmental Management Company for itself and on behalf of Kewanee Industries, Inc., Alcatel-Lucent USA Inc., and Novartis Pharmaceuticals Corporation (collectively, the Group) under the oversight of the U.S. Environmental Protection Agency (USEPA). The Group began investigations of the Site in 2007, in compliance with the requirements of an Administrative Settlement Agreement and Order on Consent (Index No. II-CERCLA-02-2005-2034) between the USEPA and the Group that was executed in 2005. In support of ongoing RI/FS activities, a Reuse Assessment Report (TRC, 2017), hereafter referred to as the Reuse Assessment, was prepared for the Site by TRC Environmental Corporation (TRC) in February 2017.

The Reuse Assessment presents a description of the Site setting and history. The Site is located at the southern end of Britten Road in the Green Village portion of Chatham Township, a scenic, rural area. The Site is located in an environmentally sensitive area (ESA) within the Great Swamp watershed and bordering a designated Wilderness Area of the 7,768-acre Great Swamp National Wildlife Refuge (GSNWR), with a portion of the Site located within the boundaries of the Wilderness Area. The terrestrial portion of the Site includes woodland, open field and disturbed habitats. The Site is also characterized by the presence of wetland areas, flood hazard areas (FHAs), and habitat areas for endangered species (the bog turtle and blue-spotted salamander).

The Reuse Assessment evaluates constraints to future reuse based on site characteristics; applicable federal, state and local regulations; state, regional and local planning guidelines; public input; and the general constraints associated with the development of a landfill. The assessment concludes that the potential reuse of the Site is impacted by five principal drivers:

1) The presence of extensive state- and federally-regulated areas (e.g., wetlands, FHAs, and sensitive ecological habitat areas) on the Site that limit development over much of the Site area;

2) The environmentally sensitive nature of the surrounding area, including the federally-designated GSNWR Wilderness Area that covers part of the Site as well as areas located immediately to the southwest, south and east of the Site;

3) The state, county and local planning documents that discourage development away from established centers in ESAs and focus on protection of the GSNWR;


Introduction Rolling Knolls Landfill

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4) The lack of available infrastructure and associated Site accessibility issues; and

5) The presence of buried waste at the Site.

Based on these limitations to development, the Reuse Assessment also concludes that reuse of the Site as open space or ecological habitat is the most likely future use of the Site, with passive recreational use a possible but less likely option.

In reviewing the Reuse Assessment document, the USEPA questioned why the potential reuse of the Site for partial residential reuse was not specifically assessed in the document. In response to USEPA’s question, this Addendum to the Reuse Assessment provides a supplemental evaluation of the potential reuse of the Site for partial residential use, considering both the construction of only a few homes or as many homes as could be allowed under existing zoning regulations. As an addendum to the Reuse Assessment, it focuses on the requested analysis and incorporates references to the Reuse Assessment, rather than repeating the information that is contained therein. The reader is directed to the Reuse Assessment for additional information.


Reuse Assessment – Partial Residential Use Rolling Knolls Landfill

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2.0 REUSE ASSESSMENT – PARTIAL RESIDENTIAL USE An analysis of the potential constraints to the development of the Site for partial residential use is presented in the following sections. The primary considerations discussed in the Reuse Assessment for residential development also have the greatest impact on partial residential use of the Site. These include the presence of federal- and state-regulated areas both on and adjacent to the Site (including the presence of wetland areas, important ecological habitat and FHAs); the lack of local infrastructure to support future Site development; and the general constraints associated with the redevelopment of a landfill site. Other important considerations include zoning, state/local planning recommendations, local ordinance requirements, and public input.

2.1 Federal- and State-Regulated Areas

As discussed in Section 3.1.1 of the Reuse Assessment, regulations pertaining to wetland protection, habitat protection and floodplain management are applicable to any potential future development, due to the presence of wetlands, endangered/threatened species and the 100-year floodplain over large portions of the Site. Figure 1 (Figure 3 of the Reuse Assessment) indicates the areas impacted by these regulations1. Of particular note is the fact that these areas cover the entire perimeter of the Site, with the exception of a relatively narrow unregulated strip in the northwestern part of the Site, which is constrained to the east and west by wetlands transition areas. Therefore, the construction of an access road and utility corridor into the Site for even limited residential development would be severely constrained by the presence of wetlands, habitat protection areas and floodplains.

The federal- and state-regulated areas on the Site also limit the area of any development to the central portion of the Site that encompasses parts of Block 48.20, Lots 184 and 189 (see Figure 1, attached, and Figure 4 of the Reuse Assessment), which are currently owned by the Trust created by the Last Will and Testament of Angelo J. Miele (Miele Trust). This same area is identified in the Baseline Human Health Risk Assessment (BHHRA) (CDM Smith, 2014) as the “potentially developable area” that was used to evaluate potential risks associated with future residential site development (see Figure 3 in Attachment A). Under existing federal floodplain mapping (Federal Insurance Rate Map, Panel 4 of 6, Community - Panel Number 3405040004C, revised July 19, 2001), much of this area falls within the 100-year floodplain. Since this area is

1 Note that the FHA as shown in Figure 1 reflects the calculated FHA developed as part of the

RI/FS, and not the current FHA per 2001 federal mapping. The FHA in the current 2001 federal

mapping (provided in Attachment A to the Reuse Assessment) covers a larger portion of the Site than is shown on Figure 1. See Section 2.2.5 of the Reuse Assessment for additional discussion.

DRAWN BY:CHECKED BY:APPROVED BY:DATE:PROJ. NO.:FILE:

&Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and theGIS User Community

Rolling Knolls Landfill Superfund SiteChatham Morris County, New Jersey

SCOTT BIRMINGHAMMARK WINBOURNE

JEAN OLIVAJANUARY 2017

270551Rolling Knolls Figure 3.mxd

TRC - GISTRC - GIS

Federal and State Regulated AreasFigure 1

PROJECT:

TITLE:

T:\GIS-HazWaste\LowensteinSandlerLLP\Rolling_Knolls\GIS_Data\TRC\Figures\Figure Edits\Rolling Knolls Figure 3.mxd -- Saved By: SBIRMINGHAM on 1/27/2017, 14:36:35 PM

Shapefiles courtesy of Geosyntec Figure 3 State and Federal Regulated Areas September 2016. United States Geological Survey topographic maps accessed via ArcGIS Online and provided by National Geographic Society and i-cubed on 30 September 2016. Morristown (1982) and Chatham (1982) quadrangles are shown.

0 540 1,080270 Feet

Edge of landfill wastes (dashedwhere approximate)Great Swamp National WildlifeRefuge Property BoundaryProposed Wetland BoundaryProposed Wetland Boundary(Inferred)Bog Turtle Habitat Area A (35.31Acres)

Bog Turtle Habitat Area B (10.89Acres)Calculated Flood Hazard AreaProposed WetlandsWetlands Transition AreaWaste and Debris Observed onGround Surface But NotAnticipated to be Below GroundSurfaceOpen Water

21 Griffin Road Windsor, CT

06095



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characterized by buried wastes, it is also most impacted by constraints associated with development, particularly residential development, on landfills, as discussed in Section 2.3.

Potential development of other areas of the Site that are not encumbered by the presence of landfill materials is also limited by the presence of federal- and state-regulated areas. This was recognized in the BHHRA, where the western area of the Site that is characterized by waste and debris at the surface and the baseball field and shooting range on the portion of the Site owned by the Green Village Fire Department (see Figure 3 in Attachment A) specifically were not included in the “potentially developable area” because these areas fell within regulated areas (i.e., potential bog turtle habitat, wetlands and/or wetland transition areas). Only odd-shaped narrow strips of land at the western edge of Block 48.20, Lots 184 and 189 near Loantaka Brook, are outside the portions of the Site with waste material and the regulated areas. These areas would not support residential development. Furthermore, the portion of the Site owned by the Green Village Fire Department is not zoned as residential, but is shown as Township Lands on the Chatham Township Zoning Map (Township of Chatham, 1999).

2.2 Lack of Supporting Infrastructure

Infrastructure supporting partial residential Site development is not in place and is not planned or recommended under current local, county, and state planning documents. The nearest property currently serviced by sanitary sewer is located approximately 3,500 feet to the northeast of the Site.

As described in Sections 2.2.2 and 3.1.2 of the Reuse Assessment, sewer service is not provided along the access road to the Site and county planning documents indicate there are no plans to extend sewer service along Britten Road. Furthermore, the New Jersey Water Quality Management Planning Rules (New Jersey Administrative Code (NJAC) 7:15-4.4(e)) exclude the extension of sewer service into large contiguous areas defined as 25 acres or more of the following environmentally sensitive features, alone or in combination:

Wetlands;

Category One waters and their corresponding 300-foot riparian zones (NJAC 7:13);

Natural Heritage Priority Sites; and/or

State and federal threatened and endangered species habitat as depicted in the New Jersey Department of Environmental Protection (NJDEP) Landscape Project Area database (Rank 3, 4, 5).

In general, the presence of ESAs on the Site would provide a major roadblock to the extension of sewer service to the Site.



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Public water service and electricity are available along Britten Road but would have to be extended into the development area of the Site to support partial residential use2. As described in Section 2.1, construction of an access road and utility corridor onto the Site itself would be constrained by the surrounding federal- and state-regulated areas and, as a result, the cost of construction would be much greater than it would be in an unregulated area. In addition, if only a few homes were to be constructed on the Site, the cost of extending utilities to the house lots would almost certainly outweigh the financial benefit of the development, since the number of homes to which those costs could be distributed would be limited.

2.3 General Constraints Associated With Landfill Redevelopment

The general constraints associated with the redevelopment of a landfill site, as described in more detail in Section 3.1.3 of the Reuse Assessment, also apply to limited residential use. Both USEPA and NJDEP guidance documents indicate that reuse of municipal landfills as residential developments is discouraged (USEPA, 1999 and NJDEP, 2008). Significant engineering challenges are associated with landfill development and settlement potential is an integral part of these challenges, as is leachate and landfill gas production. Special construction methods, such as custom-designed footings and subslab vapor control systems, may be required to address these factors and would increase the cost of construction. Local ordinances also recognize this limit on potential construction in a landfill area, as described in more detail in Section 2.4.

2.4 Local Planning and Zoning

As described in Sections 2.4.2 and 3.1.4 of the Reuse Assessment, existing planning documents for the Site area do not describe a specific proposed land use for the Site. The planning documents do, however, express a preference for the preservation of ecologically significant resources, including wetlands, streams, buffers, floodplains, groundwater and surface water, and protection of the GSNWR. Preservation of open space for recreation is also an important goal of the local planning documents. Specific examples include the following:

The Township’s Master Plan (Chatham Township Planning Board, 2000) encourages acquisition of lands adjacent to the GSNWR, preserving vacant lands, and protecting water resources;

2 For any size subdivision, Article 6 of Chapter XXX of the Chatham Township General Ordinances requires that, where the public water supply system is reasonably accessible, each lot within the

subdivision area be provided with public water by the extension of water mains and connections thereto.



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The Township’s Land Use Plan Element (Chatham Township Planning Board, 2011) supports conservation of the remaining rural aspects of the Township, including the Green Village Road area;

These goals are consistent with both county and state planning documents, including the State Development and Redevelopment Plan’s (New Jersey State Planning Commission, 2001) discouragement of the development of environs (remote undeveloped areas, including ESAs) and encouragement of the protection and preservation of large, contiguous tracts of open space. Partial residential use would not be consistent with state or local planning document goals.

Current zoning of a portion of the Site is residential (see Section 2.4.1 of the Reuse Assessment). The zoning designation for this portion of the Site has always allowed residential development, even while the landfill was operating. As a result, the zoning designation is not an indicator of past, current, or likely future use of the Site.

Future development of the Site is directly addressed in the Chatham Township Zoning Regulations (Chapter XXX of the Revised General Ordinances, Article 7), in a special section titled “Sanitary Landfill Area” (30-97.2). This section states the following (emphasis added):

30-97.2 Sanitary Landfill Area.

There also exists within the Township an area of land as shown on the Zoning Map3 which, over a period of years, was devoted to a sanitary landfill operation. The fill material used in this operation varies widely in composition and physical characteristics, giving rise to the possible formation of gases, leachate and differential settling. These conditions severely limit the use of this area and, unless carefully controlled, development may produce substantial harm to the health and safety of the public in general and be detrimental to the natural environment. Within this sanitary landfill area, no construction permit shall be issued and no soil shall be disturbed until a subdivision or site plan, as applicable, shall have been submitted to and approved by the Planning Board. In reviewing any such plan, the Planning Board may require that the applicant perform such engineering and other scientific tests as may be appropriate in order to assure that the area can support any proposed construction and that such construction or use will not result in any health or safety hazard including, but not limited to, hazards resulting from the formation or release of gases, the formation of leachates or the settlement of ground. (Ord. No. 279 § 706.2)

3 The zoning map referenced in this section of the Zoning Regulations apparently references the

1979 Zoning Map (see Attachment A), which identified the Site as the “sanitary landfill area.”



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Therefore, the Chatham Township Zoning Regulations mirror federal and state guidance (see Section 2.3) with respect to the unsuitability of former landfills for residential development.

2.5 Local Ordinances

Chatham Township ordinances (Revised General Ordinances, 1995, Amended through December 31, 2015) address, among other things, land use relative to natural resource areas (wetlands, tree cover, etc.), floodplains, FHAs, and flood damage prevention. The township ordinances also provide for protection of critical areas, which are defined as areas consisting of “wetlands, flood hazard areas, areas of shallow water table soils, recharge soils, or steep slopes” (Township of Chatham, 2015). Land development regulations for Chatham Township are contained under Chapter XXX of the Revised General Ordinances. A summary of some of the Chatham Township ordinance provisions that are potentially pertinent to partial residential use of the Site is presented in the subsections below.

2.5.1 Critical Areas and Wetlands

Section 3.1.5.1 of the Reuse Assessment describes subdivision and site plan development approvals regulated under Chapter XXX, Article 6 of the Chatham Township ordinances and the emphasis placed on the protection of critical areas (including wetlands and FHAs) within Chapter XXX. The regulations in this ordinance apply to both site plans for single lots and subdivisions covering multiple lots.

In general, Chapter XXX, Article 6 prohibits the disturbance of critical areas, including resultant flooding, erosion, sedimentation, loss of valuable vegetation, impairment of water quality or quantity, or other substantial harm to the environment or to human habitation. The design standards require the employment of best management practices (BMPs) and can require the protection of wetlands and transition areas by a conservation easement given by the developer to the Township. The stormwater control requirements defined at 30-64.3 also require the consideration of “unique, unusual, or environmentally sensitive features” that provide constraints for development.

Chapter XXX, Article 6 also includes special stormwater requirements that are applicable to the Great Swamp Watershed Overlay District, which covers the majority of Chatham Township, including the Site (Hatch Mott MacDonald, 2005). The water quality management planning goal within this area is no net increase with respect to both stormwater quantity and pollutant loadings. The associated section of the Chapter XXX (Section 30-64.3A) is applicable to disturbances of 5,000 square feet or more that qualify as “projects.” Projects are defined as



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construction requiring a construction permit, including the construction of two or more single-family dwelling units, but not the construction of one single-family dwelling unit. Therefore, any partial residential use involving the construction of more than one residence would be subject to the more stringent stormwater management requirements that are required within the Great Swamp Watershed Overlay District.

Therefore, in addition to the previously described constraints on site development, town ordinance requirements relative to the assessment of development impacts on critical areas, wetlands and stormwater discharges would further constrain, and make prohibitively expensive, future partial residential use.

2.5.2 Flooding and Flood Prevention

In addition to the FHA requirements included in Chapter XXX, supplemental Chatham Township regulations relative to flooding and flood prevention are contained in Chapter XXI, Soil and Soil Removal, and in Chapter XXX, Land Development, Article 10, Flood Damage Prevention and Flood Hazard Area Regulations. These regulations, which are described in more detail in Section 3.1.5.2 of the Reuse Assessment, are applicable to partial residential use of the Site and are based on the existing 2001 federal flood hazard mapping (see Section 2.2.5 of the Reuse Assessment). In general, they prohibit any activities that could block or impede flow in streams or watercourses without a permit or approval and require a development permit prior to certain site development approvals (e.g., the issuance of a construction permit) if a lot is wholly or partially within a special FHA.

Based on the information presented in Section 2.2.5 of the Reuse Assessment, existing floodplain mapping for the Site indicates that the majority of the Site is within the 100-year FHA. Therefore, the development of the majority of the Site area would require approval by the Township under current floodplain mapping.

2.5.3 Tree Cover

Section 3.1.5.3 of the Reuse Assessment describes a Chatham Township ordinance regarding the protection of trees (Chapter XXII, Protection of Trees). The ordinance requires a tree removal permit for the removal of mature trees and requires the post-development replacement of trees to a density of 16 trees per acre recommended. While the tree cover ordinance in itself does not provide a major constraint to partial residential Site use, when it is layered with the previously-described development constraints, it further limits the viability of this reuse option.



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2.5.4 Septic Systems

Under a partial residential use scenario, it is highly unlikely that the extension of sewer service to the Site would be viable from either a financial or public planning/regulatory standpoint (see associated discussions in Sections 2.2.2 and 3.1.2 of the Reuse Assessment). Other possible sewage management options for partial residential use under the Chatham Township ordinances include the ability of the Township to require a subdivider to construct sewer lines and a sanitary sewer disposal plant at its own cost under Chapter XXX, Article 6, Section 30-63.1, or the construction of individual septic systems for sanitary wastewater management, if allowed by the Township.

The Chatham Township Board of Health ordinances that regulate individual sewage disposal systems (Chapter BH:II) are described in Section 3.1.5.4 of the Reuse Assessment. These regulations govern the construction and location of such systems, prohibiting construction near ESAs and requiring both a permit to construct and subsequently a license to operate such a system. While engineered systems (e.g., mound septic systems) can be designed for areas where subsurface conditions do not support the installation of a standard septic system, the construction of septic systems over the existing landfill area at the Site would undoubtedly raise concerns regarding the long-term effectiveness of such systems in discharging treated water (i.e., will they be constructed and operated properly), the potential leaching of contamination from the underlying fill materials due to treated water infiltration, and potential impacts to the GSNWR. Therefore, while the design of engineered septic systems might be technically feasible for partial residential Site use, the constraints of siting such a system above landfill materials in such an ecologically sensitive area make it highly unlikely that such a system would be permitted.

2.5.5 General Environmental Impacts

As described in Section 3.1.5.5 of the Reuse Assessment, Chatham Township ordinances require the filing of an Environmental Impact Statement (EIS) for preliminary site plans involving any new building or structure or soil removal operation. Therefore, the EIS requirements would apply to partial residential use of the Site. The EIS must include an inventory of existing natural resources, an assessment of the environmental impact of the project, a discussion of unavoidable adverse environmental impacts, steps to minimize environmental impacts, and alternatives to the proposed project. Specific discussions of sewerage facilities, water supply, stormwater, traffic, and other factors are required. Based on all the environmental constraints to site development listed in the previous sections, it is unlikely that the EIS would support partial residential use of the Site.



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2.6 Public Input

Section 3.1.7 of the Reuse Assessment documents previous public objections to residential use of the Site based on a 2006 proposal for a large residential development. It is likely that similar objections would be raised to partial residential use of the Site. Under even a limited development scenario, where only a few homes would be constructed, similar objections would likely arise given that once residential use is allowed and development (including the extension of utilities onto the Site) occurs, there is no guarantee that additional larger-scale development could not occur in the future. Furthermore, given the cost of construction on the landfill (which, as described in previous sections, would be expected to be much higher than normal construction) and the propensity for new construction in the Township to consist of larger, modern dwellings4, partial residential use of the Site would be unlikely to allay previously voiced fears over new “luxury” homes clashing with the existing local culture, scenery, and character of the Green Village area where the Site is located.

4 The Chatham Township Land Use Plan Element describes the “teardown” phenomenon (i.e.,

where existing homes and their mature landscape are removed for larger new homes) as a major

factor in the change of neighborhood scale and appearance in Chatham Township (Chatham Township Planning Board, 2011).


Conclusions Rolling Knolls Landfill

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3.0 CONCLUSIONS

The Reuse Assessment concluded that potential reuse of the Site is severely limited by 1) the presence of extensive state- and federally-regulated areas that limit development over much of the Site area; 2) the environmentally sensitive nature of the surrounding area; 3) the state, county and local planning documents that discourage development away from established centers in ESAs and focus on protection of the GSNWR; 4) the lack of available infrastructure and associated Site accessibility issues; and 5) the presence of buried waste at the Site.

This document specifically considers potential partial residential use of the Site, considering both the construction of only a few homes or as many homes as could be allowed under existing zoning regulations, and the constraints that limit this potential reuse option. In general, the constraints to partial residential use of the Site mirror those already identified in the Reuse Assessment, as outlined below:

1) The presence of extensive state- and federally-regulated areas that limit development over much of the Site area also limit partial residential use. Regulated areas (based on, among other factors, FHAs calculated for the purpose of the RI/FS) cover the entire perimeter of the Site, with the exception of a narrow strip in the northwestern portion of the Site, which is bounded to the east and west by wetlands transition areas. Therefore, potential locations where an access road and utility corridor could be constructed are severely limited. Similarly, the presence of state- and federally-regulated areas limit the area where homes could conceivably be developed to the central portion of Block 48.20, Lot 189, owned by the Miele Trust. When existing FHA mapping (upon which current township ordinances are based) is considered, the available area for residential development in this portion of the Site is even more limited, and is in an area where buried waste presents engineering challenges to construction. Potential development of other areas of the Site that are not encumbered by the presence of landfill materials is also limited by the presence of federal- and state-regulated areas.

2) The environmentally sensitive nature of the surrounding area impacts partial residential use. The applicability of this constraint under partial residential use is comparable to that presented in the Reuse Assessment. With the GSNWR located both on and adjacent to the Site, maintenance of the Site in an undeveloped condition provides a buffer between the developed areas of Chatham Township and the GSNWR. The presence of wetlands, the FHA and habitat for state- and federally-listed endangered species severely limits Site use. Any future Site development, including partial residential use, would have to consider the potential



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impacts of development on these environmental characteristics and comply with the associated federal, state and/or local regulations.

3) State, county and local planning documents discourage development away from established centers in ESAs and focus on protection of the GSNWR. The applicability of this constraint under partial residential use is comparable to that presented in the Reuse Assessment. Local, county and state planning documents acknowledge the environmental sensitivity of the area in which the Site is located and discourage development, including the extension of sewer service to the Site area.

4) The lack of available infrastructure and associated Site accessibility issues limit partial residential use. Sanitary sewer service is not provided near the Site and there are no plans or recommendations to provide it in the future. The feasibility of constructing a site-specific wastewater treatment plant or individual septic systems in association with partial residential use would be severely limited by the location of the Site in an ecologically sensitive area, the presence of underlying waste materials, and/or the possibility of resultant leaching due to potential improper management of the individual septic systems. The costs of constructing an access road and of extending public water service and electricity onto the Site to serve only a few homes would likely outweigh any financial benefits of a small residential development. Other limitations described under the first item listed above relative to constructing an access road and a utility corridor to the development area within the confines of state- and federally-regulated areas would make the provision of infrastructure even more costly. Engineering challenges would also add to the overall cost.

5) The presence of buried waste at the Site complicates construction, making it costlier. The applicability of this constraint under partial residential use is comparable to that presented in the Reuse Assessment. Construction over waste and fill materials requires special construction methods, due to potential concerns such as settlement or vapor intrusion, and would increase the cost of construction.

Other constraints on partial residential use of the Site are described below:

The requirements of Chatham Township ordinances and regulations described in the Reuse Assessment that constrain large development projects are generally applicable to smaller development projects, as well. The applicable constraints to partial residential use include limitations on construction in ESAs, stormwater management requirements developed to protect the GSNWR, septic system construction requirements, tree cover requirements, and EIS filing



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requirements. Furthermore, the Township’s Zoning Regulations specifically call out the Site as an area where landfill materials “severely limit” the use of the area and note that “unless carefully controlled, development may produce substantial harm” to public health and safety and be detrimental to the environment.

Development in Chatham Township is susceptible to the “teardown” phenomenon, where existing homes and their mature landscape are removed for larger new homes. This has been identified as a major factor in the change of neighborhood scale and appearance in Chatham Township, with the Green Village area (where the Site is located) described as being highly susceptible to potential loss of its rural ambiance (Chatham Township Planning Board, 2011). Given the previously discussed increased costs of construction that would be associated with partial residential use (i.e., due to the costs of utility extensions, special construction required on landfill materials, more stringent construction requirements to meet Township ordinances, etc.), it is likely that if the Site was developed for partial residential use, the homes that would be constructed would be more expensive homes, as lower income residents could not afford constructing a home at the Site. Therefore, a public concern raised in response to a previous site development proposal, namely that new “luxury” homes would clash with the existing local culture, scenery and character of the Green Village area where the Site is located, would likely be voiced again under a partial residential use plan.

Partial development would meet the same resistance as more extensive development. If very limited partial residential development (e.g., only a few homes) did occur, there would be no real barrier to further development in the future, especially with the associated extension of utilities onto the Site, which would make future development more cost-effective. Therefore, public response to partial residential use is likely to be unfavorable (similar to the public’s response to the previous site development proposal).

Based on these considerations, partial residential use would be subject to constraints similar to those faced by more extensive development scenarios. Therefore, the analysis presented in this Addendum to the Reuse Assessment further supports the reuse of the Site as open space or ecological habitat as the most likely future uses of the Site, with passive recreational use a possible but less likely option, with greater constraints associated with its implementation.


References Rolling Knolls Landfill

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4.0 REFERENCES

CDM Smith, 2014. Baseline Human Health Risk Assessment, Rolling Knolls Landfill Superfund Site, Chatham, New Jersey, CDM Smith, June 13, 2014.

Chatham Township Planning Board, 2000. Master Plan Introduction Element, Township Of Chatham, adopted October 18, 1999, Amended through April 3, 2000.

Chatham Township Planning Board, 2011. Chatham Township Land Use Plan Element, Adopted on January 20, 2011.

Hatch Mott MacDonald, 2005. Township of Chatham Municipal Stormwater Management Plan, Adopted June 20, 2005.

New Jersey State Planning Commission, 2001. The New Jersey State Development and Redevelopment Plan, adopted March 1, 2001.

NJDEP, 2008. Guidance for Beneficial Use of Soil and Non-Soil Material in the Remediation of Contaminated Sites and Closure of Solid Waste Landfills, New Jersey Department of Environmental Protection, 2008.

Township of Chatham, 1999. Official Zoning Map. Township of Chatham, Morris County, New Jersey. March 1999.

Township of Chatham, 2015. Revised General Ordinances of the Township of Chatham. Township of Chatham, Morris County, New Jersey. 1995, Amended through December 31, 2015.

TRC, 2017. Reuse Assessment Report, Rolling Knolls Landfill Superfund Site, Chatham Township, New Jersey, TRC, February 2017.

USEPA, 1999. Reuse of CERCLA Landfill and Containment Sites, EPA 540-F-99-015; September 1999.


Attachment A Rolling Knolls Landfill

ATTACHMENT A



FIGURE 3 – ZONING DESIGNATIONS MAP FROM BASELINE HUMAN HEALTH RISK ASSESSMENT

CITY:CRANBURY-NJ DIV/GROUP: ENVCAD DB: T.FATTO LD: T.FATTO PIG: PM: K.ROMAINE TM: S.WALLS LYR: ON=';OFF=·REP C:IENVCADICRANBURY\AC1\B0033203\0003\00111\BHHRA\33203G03.DWG LAYOUT: 3 SAVED: 3/17/2014 8:16 AM ACADVER: 18.1S (LMS TECH) PAGESETUP: CRAN-PB-PDF PLOTSTYLETABLE: PLTFULL.CTB PLOTTED: 3/17/2014 8:17 AM BY: FATTO, TRACEY

XREFS: IMAGES: 33203X01 33203X03 33203XOB 33203X08

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LEGEND:

c::::::::J OPEN WATER

PRE-REMEDIAL INVESTIGATION PROJECTED EDGE OF LANDFILLED MATERIALS

EDGE OF LANDFILLED WASTES OBSERVED DURING TEST PIT ACTIVITIES (DASHED WHERE APPROXIMATE)

GREAT SWAMP NATIONAL WILDLIFE REFUGE PROPERTY BOUNDARY (DASHED WHERE APPROXIMATE)

TAX PARCELS

WASTE AND DEBRIS OBSERVED ON GROUND SURFACE BUT NOT OBSERVED OR ANTICIPATED TO BE BELOW GROUND SURFACE

::=:i POTENTIALLY DEVELOPABLE AREA

I LANDFILL! EXPOSURE AREAS (BLUE LABEL)

NOTES:

BLOCK48 LOT 189.02

ZONING: LJ R-1 -RESIDENCE DISTRICT

LJ R-1A -RESIDENCE DISTRICT

LJ R-3 -RESIDENCE DISTRICT

D CP -COUNTY PARK

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D WA -WILDERNESS AREA DISTRICT

1. THE PRE-REMEDIAL INVESTIGATION PROJECTED EDGE OF LANDFILLED MATERIALS ON THIS FIGURE IS APPROXIMATE AS DRAWN AND IS BASED ON VISUAL OBSERVATIONS OF THE GROUND SURFACE MADE DURING SITE VISITS CONDUCTED JUNE 20, 2006 THROUGH JULY 14, 2006.

2. THE EDGE OF LANDFILLED WASTES OBSERVED DURING TEST PIT ACTIVITIES IS DRAWN BASED ON OBSERVATIONS OF MATERIALS EXCAVATED DURING TEST PIT ACTIVITIES CONDUCTED FROM JULY 26, 2007 TO SEPTEMBER 6, 2007 AND MARCH 26, 2008.

3. THE PORTION OF THE GREAT SWAMP NATIONAL WILDLIFE REFUGE (GSNWR) PROPERTY BOUNDARY ON THIS FIGURE WITHIN CHATHAM TOWNSHIP, NJ WAS OBTAINED FROM CHATHAM TOWNSHIP TAX PARCEL DATA PROVIDED BY CIVIL SOLUTIONS. THE PORTION OF THE GSNWR PROPERTY BOUNDARY ON THIS FIGURE OUTSIDE OF CHATHAM TOWNSHIP IS APPROXIMATE AND WAS OBTAINED FROM THE UNITED STATES FISH AND WILDLIFE SERVICE (GEOGRAPHIC INFORMATION SYSTEMS AND SPATIAL DATA).

4. BLOCK 48.20, LOTS 184 AND 189 ARE OWNED BY ROBERT J. MIELE AS TRUSTEE FOR THE TRUST CREATED BY THE LAST WILL AND TESTAMENT OF ANGELO J. MIELE. BLOCK 48.20, LOT 189.01 IS OWNED BY THE GREEN VILLAGE FIRE DEPARTMENT.

5. THE EXTENT OF AREAS WHERE SURFACE WATER FLOW DOES NOT EXHIBIT TYPICAL BED AND BANK MORPHOLOGY IS BASED ON FIELD OBSERVATIONS MADE THROUGHOUT THE PERIOD OF INVESTIGATION ACTIVITIES. THE EXTENT OF THE AREA SHOWN IS APPROXIMATE.

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GREAT SWAMP \ NATIONAL \--WILDLIFE REFUGE

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BLOCK48 LOT 189.02

POTENTIALLY DEVELOPABLE AREA

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0 500' ~----GRAPHIC SCALE

SOURCES:

1000· I

1. BASEMAP FROM JAMES M. STEWART INC., LAND SURVEYORS, PHILADELPHIA, PA., (ELECTRONIC FILE: 292406.DWG DATED: 6/30/06)

2. TAX PARCEL DATA FOR CHATHAM TOWNSHIP WAS PROVIDED BY CIVIL SOLUTIONS.

ROLLING KNOLLS LANDFILL SUPERFUND SITE CHATHAM, NEW JERSEY

BASELINE HUMAN HEAL TH RISK ASSESSMENT

ZONING DESIGNATIONS

ARCADIS FIGURE

3



1979 CHATHAM TOWNSHIP ZONING MAP

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COUNTY PARK DISTRICT

WILDERNESS AREA DISTRICT

RESIDENCE DISTRICT (ONE FAMILY- 100,000 SQ.FT)

RESIDENCE DISTRICT (ONE FAMILY- 100,000 SQ. FT) CLUSTER OPTION

'."lESIDENCE DISTRICT (ONE FAMILY - 100,000 SQ.FT) LOT SIZE AVERAGING OPTION

RESIDENC E DISTRICT (ONE FAMILY- 41 ,250 SQ. FT)

RESIDENCE DISTRICT (ONE FAMILY- 41,250 SQ. FT) TOWNHOUSE O PTION

RESIDENCE DISTRICT (ONC,: FAMILY- 20,000 SQ. FT.I

RESIDENC E DISTRICT (ONE FAMILY - 20,000 SQ. FT. I QUADRUPLEX OPTION

RESIDENCE DISTRICT (ONE FAMIL Y - 20,000 SQ. FT) TOWNHOUSE OPTION

RESIDENCE DISTRICT (ONE FAMILY-20,000 SQ. FT.) APARTMENT OPTION

RESIDENCE DISTRICT (ONE FAMILY- 10,000 SQ. FT)

a NEIGHBORHOOD BUSINESS DISTRICT (20,000 SQ. FT)

~ z PROFESSIONAL e. INSTITUTIO NAL DISTRICT (45,000 SQ. FT)

D TOWNSHIP LANDS

- BO. OF EDUCATION LANDS

~ SANITARY LANDFILL AREA

CONTOUR ELEVATION (APPROXIMATE)

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Township of

CHATHAM Morris County, New .Jersey

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addendum to the reuse assessment report for the … · 2020. 7. 10. · rolling knolls landfill...

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