2.  Clean Water Act 404 permit  Ohio EPA Division of Surface Water 401 water quality certification  Ohio Revised Code 6111 – Placement of dredged materials cannot cause impacts to waters of state  Ohio Revised Code 1506.11 - Ohio Department of Natural Resources – Lease must be obtained to develop an in-water CDF for use of the waters and underlying submerged lands of Lake Erie  Hazardous Waste Rules – Dredged materials subject to 404 permit not a hazardous waste

3.  CDF 10B is an in-water, near shore facility located in Cleveland Harbor adjacent to Burke Lakefront Municipal Airport.  It was constructed in 1998, is approximately 68 acres, with a total capacity of 2.9 million cubic yards. It received about 300,000 cubic yards of dredge material annually from the Cuyahoga River and Cleveland Harbor.

4. Confined Disposal Facility (CDF) Dike 14 is 88- acres and is located on Cleveland’s eastside along Lake Erie. It received dredge material from the Cuyahoga River and Cleveland Harbor from 1979 to 1999. Its future use is as a nature preserve.

5.  CDF 10B assessment was conducted to determine if the dredge material could be safely used for fill at an upland commercial/industrial property.  Dike 14 was evaluated to determine if the area could be safely used as a nature preserve. Different end uses: How the land will be used and the receptors that will be at that location are important considerations when assessing protection of human health and the environment.

7.  Purpose was to determine if dredge material from CDF 10B could be harvested and placed at Cuyahoga Valley Industrial Center in Cleveland  Alternative placement of dredge material evaluated through a Materials Management Plan for Beneficial Use  12 borings installed in 2009, 20 samples collected; 10 samples from 0-4 feet and 10 samples from 4-8 feet horizon; this added to previous historical data collected  Analyzed for VOCs, SVOCs, metals, PCBs and pesticides  Compared the data to U.S. EPA Regional Screening Levels (RSLs) for direct contact with soil

8.  Assessed: ◦ Residential human health direct contact with dredge material ◦ Commercial/industrial human health direct contact with dredge material ◦ Comparison to leach-based soil screening levels for protection of ground water ◦ Evaluate surface water impacts from placement of CDF 10B dredge material at Cuyahoga Valley Industrial Center in Cleveland

9.  Cumulative non-cancer hazard index of 1 and cancer risk goal of 1 in 100,000 (1x10-5) are met for commercial/industrial land use  Residential levels exceeded  Land Use restriction needed for commercial/industrial use at CVIC site  The dredge material will not cause adverse impacts from leaching to the Cuyahoga River

11. Left alone, vegetation began to grow and migratory birds and other wildlife began to inhabit and migrate through Dike 14. Today, Dike 14 is home to a wide variety of plants, trees, birds, butterflies, and other wildlife.

12. Brownfield Assessment included: Voluntary Action Program (VAP) Phase I Property Assessment Wetlands Delineation VAP Phase II Property Assessment Human Health Risk Assessment Ecological Risk Assessment Background Soil Determination Dike 14 Brownfield Assessment

13.  Dike 14 is 88 acres - Soil investigation focused on depths 0-4 feet (0-2 feet & 2-4 feet intervals)  Limited sediment & surface water sampling  Analyzed for VOCs, SVOCs, PCBs, pesticides, TPH (oil & grease), metals

14.  Assessed exposures to both adults & children as frequent recreational visitors (90 days/year)  Assessed exposures to construction & excavation workers  Evaluated direct contact exposures to soil in 2 exposure areas

15.  Level 1 Determine important ecological resources & habitat  Level 2 Soil screening found metals, PCBs and PAHs exceeded screening levels in localized areas  Level 3 Evaluated exposures to most susceptible wildlife species

16.  Dike 14 is Confined Disposal Facility ◦No native soil, not possible to find appropriate on- property sampling locations  Off-property soil background investigation: ◦Forest Hills Park ◦Bratenahl  Used for direct comparison purposes  Determining acceptable criteria for fill  Used as comparison standard for background metals concentrations for other properties in region

17. Compounds Background Upper Limits, mg/kg 0-2'2-4'0-4' Arsenic21.5521.5920.73 Barium54.1565.5859.27 Cadmium0.971.061.01 Chromium20.7421.1721.0 Lead21.0826.824.0 SeleniumDue to no. of censored data these compounds could not be reliably evaluated Silver Mercury0.060.080.06

18. So…is Dike 14 safe?  Overall, the results show that Dike 14 can be used safely as a Nature Preserve.  Most of 88-acre property will require no cleanup.  With the exception of an approximately 5-acre area associated with the former landfill portion of the Dike, the Property is safe for recreational uses and wildlife. Low levels of chemicals of concern in the 5- acre area include PCBs, PAHs, and lead.

19.  Determine which yard stick to use to determine if dredge material can be reused safely ◦ Recommend U.S. EPA Regional Screening Levels for broader application and when there’s uncertainty regarding the property’s commitment to completing Ohio’s Voluntary Action Program  Land use is an important factor - Consider land use and how the material will be reused  Collect adequate data from dredge material to determine concentrations of chemicals of concern  Ensure property use restrictions are put in place if necessary

20.  Janine Rybka ◦ Jrybka@CuyahogaSWCD.org Jrybka@CuyahogaSWCD.org ◦ 216-525-6580, ext. 13  Vanessa Steigerwald-Dick ◦ Vanessa.Steigerwald@epa.state.oh.us Vanessa.Steigerwald@epa.state.oh.us ◦ 330-963-1219