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RECLAMATION / NJ RESIDENTIAL FILL ACCEPTANCE

The Liberty Stone & Aggregates – Clinton Quarry, LLC comprises of approximately 54 acres and is located at 5 Route 173, Clinton, in Hunterdon County, New Jersey. The reclamation plan for the site was approved by Union Township. Associated permits will be provided upon request.

The reclamation plan for the site includes the need to import clean fill material. The following outlines the minimum requirements for fill acceptance procedures, including types of materials, the application and review process, sampling and analysis requirements, and field quality assurance / quality control (QA/QC) procedures.

The New Jersey Department of Environmental Protection NJDEP has released a guidance document entitled, “Fill Material Guidance for SRP Sites,” updated April 2015 which is herein referred to as “the Guidance”. The Guidance outlines testing frequency for materials intended for use at sites that are in the Site Remediation Program (SRP). The sampling frequencies developed in this guidance document are not binding to non-SRP sites; however, it is the only NJDEP document that outlines a procedure for certification of clean fill.

The following soil acceptance plan for LSACQ has been developed in general accordance with the Guidance and exceeds any current regulatory requirements established by the NJDEP required to document clean soil for sites which are not regulated under the Site Remediation Program. The purpose of this plan is to ensure that appropriate procedures are followed to document the quality of soils imported to the LSACQ site to achieve reclamation of the quarry.

Acceptable Clean Fill Types

The following clean fill may be imported to the site as part of this reclamation:

  1. Fill from other licensed quarry/mines or from sites with undisturbed geological formations which are not suspected to have been impacted by discharges from on or offsite;
  2. Fill obtained from undeveloped land previously used for agricultural, passive recreation, etc. with no significant paved parking facilities or significant historic development. This includes fill obtained from a donor site with a previous history of use as orchards or sod farms;
  3. Fill obtained from non-industrial commercial sites, residential developments, etc. with no history of environmental impacts. This includes sites where the environmental history is related only to the use of heating oil for on-site consumption;
  4. Fill obtained from areas which were previously developed, including historic areas, former industrial or commercial sites or portions of sites which are not known to be contaminated, urban re-development sites, etc. with either no history of environmental problems or from uncontaminated areas of sites which received a No Further Action (NFA) approval from NJDEP or a Response Action Outcome (RAO) from an LSRP or which are undergoing remediation under LSRP oversight;
  5. Other fill materials which do not meet the previous criteria but are deemed acceptable for review by LSACQ.

Un-Acceptable Fill Types

The following fill types will not be accepted for reclamation by LSACQ under this protocol.

  1. Materials which are defined as solid wastes;
  2. Environmentally impacted fill material - contaminated, hazardous, above NJRES limits, etc.

Clinton Quarry Fill Acceptance Procedures

Clinton Quarry will require that each source applicant provide a Site Review of the potential donor site prepared by a qualified environmental professional. The purpose of the Site Review is to assess the likely types of potential fill impacts at the donor site from both natural or anthropogenic sources. The review must include a summary of historical data, past and present site use information for the proposed donor site. Sources of information may include Phase 1 Environmental Site Assessments, Preliminary Assessment Reports, aerial photography, NJDEP database review, or other readily available information.

The applicant will use the information obtained from the Site Review to complete the Clean Fill Source Application form and provide a complete site use history and conditions summary with each application. The application must provide an environmental summary of available information regarding the history of the site; an inspection prepared by a qualified environmental professional, and must include legible copies of all historic and current soil or groundwater sampling data available to the applicant.

At a minimum, the application form will include the following information:

  1. The original source location of the fill for acceptance review;
  2. The individual or entity generating the fill and certifying its quality;
  3. The current owner of the site.
  4. The billing information;
  5. The anticipated quantity of fill to be imported;
  6. Information regarding the historic use of donor property. Information must include a summary of all previous on-site commercial, industrial, or agricultural use of the property;
  7. The LSRP of record if the site is currently or was previously under oversight by the NJDEP Site Remediation Program;
  8. All environmental testing previously completed at the source, including sample location maps, laboratory data (electronic and hard copy), chain of custody and all previous correspondence between the applicant and any regulatory agency, including NJDEP, regarding the fill in question.
  9. Sampling used to meet the minimum sampling frequency criteria (Table 1) must meet current NJDEP data collection requirements and the analysis must be completed by an NJDEP certified laboratory;
  10. The applicant must agree to allow LSACQ to inspect the location and take additional samples if required;
  11. The applicant must agree to allow LSACQ or its consultants to contact any of the applicants, sampling consultants, the LSRP, or the laboratory certifying the sampling results; and,
  12. The application must be signed by the owner or generator of the fill, who is responsible to certify the accuracy of all supporting data provided, and by the LSRP of record for any donor site under oversight of the NJDEP Site Remediation Program (SRP).

Each applicant must submit a completed and signed application form with all required supplemental information. LSACQ or its consultant will review the application to determine if the fill may be accepted. LSACQ will complete a Clean Fill Review Form (Attachment B) for each application deemed completed and evaluated for acceptance. If approved, the source will be provided with a Clean Fill Source Acceptance Notice (Attachment C) with a source approval number for a defined quantity of fill from LSACQ. A copy of the application packages and LSACQ review forms will be retained at LSACQ’s office for review by the municipality, if required. 

LSACQ Fill Sampling and Analyses

All clean fill shall be below the NJDEP Residential Direct Contact Fill Remediation Standards (RDCSRS). If there are exceedances to the default Impact to Groundwater Fill Screening Levels (IGWSSL) then subsequent SPLP testing results should demonstrate that the leachate concentrations are below the New Jersey SPLP Default Leachate Criteria for Class II Impact to Groundwater. The samples should be acquired by a trained technician or a qualified person in accordance with the NJDEP Field Sampling Procedures Manual (August 2005 and various updates) and analyzed in accordance with the N.J.A.C 7:26E Technical Requirements for Site Remediation (TRSR).

General Sampling Requirements

For any source of clean fill, LSACQ requires complete documentation regarding any previous sampling conducted at the site. While all historical sampling data must be provided, final donor site approval by LSACQ will be based on sampling data results which meet current NJDEP quality control requirements.  The fill category definitions are provided below and sampling frequencies and analytical requirements that should be used to establish the characteristics of a potential clean fill source are summarized in Tables 1 and 2, below. Further reductions in sampling frequency may be permitted, but appropriate justification for the reduction will need to be provided by the professional conducting the investigation in the clean fill application document. Depending upon the site conditions and variability of the fill LSACQ may require additional sampling beyond that outlined in the tables.

NJDEP recognizes that non-SRP sites require varying degrees of sampling to ensure fill acceptability; therefore, they do not provide guidance regarding the frequency or analysis for clean fill testing for use on non-SRP sites. While there can be no replacement for professional judgment and experience, it is recognized that generally acceptable criteria have been established for fill importation to LSACQ.

The following fill categories are inclusive of all the sources eligible to be approved for fill use in the Quarry.

Category I – Fill from other licensed quarry/mines or from sites with undisturbed geological formations which are not suspected to have been impacted by discharges from on or offsite; or, fill obtained from undeveloped land previously used for agricultural, passive recreation, etc. with no significant paved parking facilities or significant historic development.

Category II – Fill obtained from non-industrial commercial sites, residential developments, etc. with no history of environmental impacts.

Category III – Fill obtained from areas which were previously developed, including historic areas, former industrial or commercial sites or portions of sites which are not known to be contaminated, urban re-development sites, etc. with either no history of environmental problems or from uncontaminated areas of sites which received a No Further Action (NFA) approval from NJDEP or a Response Action Outcome (RAO) from an LSRP or which are undergoing remediation under LSRP oversight.