6/6/01 Bell/MDNR Letter to Barnes/COE


MOPR Note:  Letterhead is that of:  State of Missouri Dept of Natural Resources, Div. of Env'l Quality, P.O. Box 176, Jefferson City, MO 65102-0176. - www.dnr.state.mo.us/deq/swmp -  The signature is illegible;  seems it might be that of Scott Waltrip;  & is followed by "FOR JB".

June 6, 2001


Gerald W. Barnes, P.E.

Deputy District Engineer for Planning,

Programs and Project Management

Department of the Army

St. Louis District, Corps of Engineers

1222 Spruce Street

St. Louis, MO  63103-2833


Re:  Meramec River, Valley Park, Missouri Flood Protection Project

Dear Mr. Barnes: 

The Missouri Department of Natural Resources' Solid Waste Management Program has received your request, dated April 20, 2001, for a beneficial use of solid waste in construction of a United States Army Corps of Engineers (Corps) flood protection for the city of Valley Park, Missouri.  Your request is to beneficially use brick and concrete from structural ruins of the former St. Louis Plate Glass Company site, as well as contaminated soil from the glass plant site and the Megus Beauty Products site, both located within the floodplain of the Meramec River in Valley Park.


Your proposal indicates that approximately 167,500 cubic yards of the material will be used as engineered fill in construction of about two (2) thousand feet of levee, while approximately 40,000 cubic yards will be used in the Arnold's Landing area in an engineered fill to control an underseepage problem.  Both areas will be capped with compacted clay.


Your submittal included an overview of plans, and Exhibits 1 through 5.   We also received previous information, including a Phase II Hazardous Toxic Radioactive Waste Assessment Report, Volumes 1-1 and 1-2, dated June 14, 1999, along with numerous drawings showing sampling locations, and conceptual cross section designs of the levee and engineered fill.


Your request is hereby approved with the following conditions:




1.  Due to the fact that the structural ruins from the glass plant have been in place for over eighty (80) years, the department considers the brick and concrete to be clean fill.  This material may be used as fill material, either in the levee or elsewhere. 


2.  Please provide the department at least seven (7) calendar days to review the bid documents prior to publicly announcing the job for bid.  This is to ensure that the items listed in paragraph 3 below are addressed.


3.  Ensure that the bid documents require the following: 


- Gerald W. Barnes, P.E., Page 2 -


        a.  Timely completion of the project.

        b.  The use of "best management practices" or something of a similar nature during excavation and transport of the contaminated material.  The contractor should be required to control erosion and protect excavated material against washing from the site, minimize air emissions during processing, and take other steps as necessary to minimize impact to the environment during the entire operation.

        c.  Specific actions to be taken when material is unearthed that fails to meet the minimum specifications for the engineered fill.

        d.  Specific actions to be taken in the event hazardous or potentially hazardous materials are encountered during excavation. The contractor should be required to have personnel present during excavation who are trained in hazardous material identification and management.

        e.  The necessary air pollution control permits from the department's Air Pollution Control Program and/or the St. Louis County Department of Health.  The contractor must obtain the necessary permits prior to commencing and grinding or processing at the site.

        f.  Testing criteria to be used to determine whether all contaminated soil was removed from the glass plant detention basin areas.


4.  Confine the use of the contaminated material to the approximate areas specified in the submittal.   Notify the department and provide as-built drawings if the portion of the levee or engineered fill area containing contaminated material will be more than ten (10) percent larger than anticipated.


5.  This activity may also require a permit or approval from the St. Louis County Department of Health.  Please contact Ms. Sue Taylor, Supervisor, Waste Management Branch, Waste Management Section, at (314) 615-4032, and Mr. Charles Wildt, Air, Land, and Water Branch, Air Pollution Control Section, at (314) 615-8923, for a determination of any necessary requirments, approvals, or permits.   The department's SWMP shall be copied on all correspondence with St. Louis County Department of Health.


6.  The type of wastewater discharge permit (site-specific versus general) depends on the methods the Corps chooses to control contaminants on site.  To receive a general land disturbance permit, the Corps must provide the department's Water Pollution Control Program a Storm Water Pollution Prevention Plan (SWPPP) that explains how the Corps will minimize exposure of the waste materials to storm water.  The Corps should consider actions such as:  providing daily cover with uncontaminated earthen materials, directing drainage away from freshly worked areas, installing silt fences to minimize sediment runoff, avoiding the stockpiling of waste materials on site during periods of rainfall and employing other methods to eliminate or minimize the contact of the waste materials with precipitation or storm water runoff.  The SWPPP must be submitted to the department's Water Pollution Control Program as a prerequisite of receiving a general land disturbance permit.  If the Corps chooses not to submit a SWPPP, the department's Water Pollution Control Program will require a site-specific storm water permit.


7.  The department cannot make the determination that the contaminated soil is not a special waste.  The material has physical and chemical characteristics different from municipal, demolition, construction and wood waste, and in some situations may require special handling.  That determination is ultimately up to the landfill owner/operators.  In most cases, landfill operators would be allowed to use at least some of the material as alternative daily cover if they obtained prior approval from the department.  In the event disposal of some of the material is required, you might consider discussing this with the landfill owner/operators as a potential cost savings.


Gerald W. Barnes, P.E., Page 3


8.  This approval is not for the use of contaminated soil or other contaminated material excavated or removed from the Arnold's Landing area.  An investigation of this area was the subject of the report submitted as exhibit 3, HTRW Phase I Initial Site Assessment.  This report indicates that a HTRW Phase II study will be performed prior to commencing levee work in the Arnold's Landing area.  Please submit one copy of the HTRW Phase II report to the department's SWMP prior to commencing levee construction in the Arnold's Landing area.  With the report include a letter describing the disposition of contaminated material originating from the  Arnold's Landing area. 


This approval is not to be construed as compliance with any existing federal or state environmental laws other than the Missouri Solid Waste Management Law;  nor should this be construed as a waiver for any other regulatory requirements.  This approval is not to be construed as compliance with any existing local permitting or zoning ordinances;  nor does it supersede any local permitting and/or zoning requirements.


The department reserves the right to revoke, suspend, or modify this approval after due notice, if the U.S. Army Corps of Engineers fails to conduct the operation in compliance with the Missouri Solid Waste Management Law and regulations, the terms and conditions of the approval, and the approved plans and specifications.


If you have questions concerning this letter, please contact Mr. Scott Waltrip of my staff at (573) 751-5401.




Jim Bell

Chief, Engineering Section


c:  Ms. Sue Taylor, St. Louis County Dept. of Health

     Mr. Eric M. Martin, City of Valley Park

     Mr. Mohammed Alhalabi, Director, SLRO

     Mr. Phil Schroeder, WPCP

     Mr. Randy Raymond, APCP