UXO
Cathy stated that she wanted to discuss UXO first because of issues that arose
during the fall. She said she received an email from Sami Goldman regarding the C3-01A
issue and she decided to investigate the issues. Cathy said last fall ADEC’s
consultant, Jim Pastorick, wrote a memorandum regarding Heart Lake C3-01A in
September 2002. Her understanding is that C3-01A was a former ordnance disposal
site that the Navy worked on all summer. Cathy stated that in the memorandum, Jim
Pastorick stated that he recommended exceptions to the Operable Unit B-1 Record of
Decision. She stated that her understanding was that because of the memorandum, the
issue went into informal dispute among the Navy, EPA and ADEC. She said there was
a meeting on December 4, 2002, to discuss the issue and there was no agreement
reached at the meeting on how to proceed. She said it was her understanding that
following the meeting, there was supposed to be a teleconference among the Navy,
EPA and ADEC. ADEC was unable to attend, and there was a general agreement
between Navy and EPA on how to have the project managers proceed to resolve the dispute. She said that on December 23, 2002, Mark Murphy sent a proposal for
settlement at the project manager’s level and it wasn’t accepted by ADEC.
Mark Murphy stated that her research was essentially correct; he said that the Navy
received an email from ADEC on January 21, 2003, that essentially stated that the
Navy’s proposal was not a basis for resolution to the informal dipute. For this reason,
the Navy has invoked formal dispute. He said that the terms for formal dispute are in
the Adak Federal Facility Agreement, and as of January 22, the future decisions
regarding the dispute are in the hands of higher management levels. He said his
Commanding Officer would represent the Navy, and it was his understanding that Mike
Gearhard would represent EPA and that Curt Fredricksson would represent ADEC.
Kevin Oates and Sami Goldman agreed with their respective representatives. Mark
said the upper management personnel have 21 days to resolve it at their level, and if it’s
not resolved, it will be pushed to higher level personnel.
Cathy stated that her investigation led her to talk to people on the island and to former
contractors who worked on the ordnance removal at C3-01A. She said it doesn’t
make sense to her to change the ROD. She noted the contractors would love to go out
and work on the site for five more years, however, they didn’t seem to think there was
an issue with the ordnance removal from a safety perspective.
Cathy said she didn’t understand how the issue got this far. She said she doesn’t
believe that ADEC wanted the hillside ripped out, then again, she wasn’t sure what the
options were or what the exact issues are. Kevin stated that there was a range of
options discussed on December 4, which included ripping out the hillside to doing
nothing further. Kevin said that no one really believes it’s a hazard or a risk. He said
there’s not much of a track record with ordnance cleanup and that the project managers
really didn’t consider conditions with greater than a 30 degree slope in the ROD, C3-01A
has a greater than 30 degree slope. Kevin said that they intended to look at the
site and the conditions, and he said that’s as far as they got. He said if they had an
infinite timeframe they would have been able to resolve the issue at the project manager
level, however, the Navy felt they had to put the issue under a clock to get a resolution
in a timely manner. He said a formal dispute is not necessarily a bad thing.
Mark said there are many people who have a stake in the transfer of the property, and
the Navy felt it was in the interest of many parties to come to closure sooner rather than
later. Mark said that there isn’t any more information that will be gathered, and the
Navy did not want to delay this decision any longer. He said that the Navy wants to
stay on track for the land transfer. Mark also noted that the decisions were not out of
the hands of anyone at the RAB meeting.
Cathy said that she talked to a lot of people, and no one wants the hillside ripped up.
She said that the way she reads the ROD, that there really isn’t an issue to resolve. She
said that she recommends beefing up the ordnance safety awareness briefing and that should be all that is required. She said that the method of removal of the ordnance from
C3-01A is too huge to address, and it doesn’t appear that it would be safe for the
people removing it.
Mark said that everyone could read the ROD and draw conclusions, regardless, it’s not
an issue that can be resolved at the teleconference. He explained that the upper
management from each agency has until February 12 to be in unanimous agreement to
resolve the issue.
Sami Goldman stated that she thinks it’s good to see how the stakeholders feel about
the issue and she thought it was a good idea to discuss the issue in March. Mark stated
that in March the project managers would, hopefully, be able to discuss the resolution.
Cathy thanked everyone for their discussion and stated that she really thought it was
important that she speak for the RAB members on this issue.