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| July 30, 2001 Thomas C. Voltaggio Dear Mr. Voltaggio: The National Coalition to Save Our Mall, a coalition of citizens organizations, WWII veterans, architects, historians, and concerned citizens dedicated to preserving and protecting the National Mall in Washington, has serious questions about the environmental effects of the WWII Memorial. This is to request the Environmental Protection Agency to assure the American public about the safety of the Memorial projectıs plan to treat the contaminated soil and groundwater at the Memorial site. As construction could begin as soon as August 15, we ask you to treat this matter with great urgency. It should be noted that Public Law 107-11 (copied below), passed by Congress to expedite the Memorial, does not exempt the Memorial from EPA, D.C. Government, or other review. The law states in Section 2 that "Elements of the memorial design and construction not approved as of the date of enactment of this Act [May 2001] shall be considered and approved in accordance with the requirements of the Commemorative Works Act (40 U.S.C. 1001 et seq.) and in Section 1, that "design modifications, if any, [shall be] approved in accordance with applicable laws and regulations." At final approval last November and December, the Memorialıs designers testified that plans for treating the contaminated soil and water had not yet been drawn up. Therefore, your review must be guided by all applicable laws. Our concerns include the following: The WWII Memorial will be built in a 25 year floodplain (not 100 year as stated in the Army Corps report of 1997) in an area that until the late 19th century was part of the Potomac River and that is prone to frequent and sometimes catastrophic flooding; The soils and groundwater at the Rainbow Pool site are contaminated with high concentrations (above EPA safety levels) of arsenic and other toxins. This part of the Mall west of the Washington Monument is composed of fill that was dredged in the 1880s and 90s from the Anacostia and Potomac river canals at the Navy Yard (an EPA Superfund site); Contaminated soil will have to be removed (the Memorial plaza will be 15-foot deep and larger than a football field) and dumped in an as-yet unnamed landfill. Contaminated groundwater will be pumped into the Tidal Basin from beneath and around the site during excavation and continually once the project is completed. Has the Memorial sponsor met federal regulations in planning for the excavation and disposal of the contaminated soil and for the extensive and long-term treatment of the contaminated goundwater? We would appreciate a full report. Thank you for your prompt attention to this most urgent question. Yours truly, Judy Scott Feldman, Ph.D. cc. Congresswoman Connie Morella, Congresswoman Eleanor Holmes Norton Letter 2 Rich Pepino (3ES30) Dear Rich, I enclose the full report done by the American Battle Monuments Commission's consultant, TAMS. As you know, this June 2000 report is a follow-up to an Army Corps of Engineers, Baltimore District, June 1997 "Final Geotechnical Report" for the WWII Memorial. That report found "low levels of weathered petroleum contamination" and noted that "dewatering is probably the most challenging issue in the memorial design." The TAMS study appears to be the first mention of arsenic in the soil and groundwater. When the National Park Service (NPS) issued a Finding of No Significant Impact in 1998, that determination was based on a 1998 Environmental Assessment and the 1997 Army report. The Memorial design changed substantially after 1998, and the 2000 TAMS study revealed new information. However, the NPS failed to conduct new studies or prepare a full Environmental Impact Statement (EIS). In the absence of an EIS, the publicıs environmental concerns, many of which were raised in 1997, remain open questions. Our lawsuit which alleges violations of NEPA and the Commemorative Works Act is still before the Court, as we are challenging the legality of Public Law 107-11. You can read our NEPA argument in our filing for a Preliminary Injunction (Feb. 2001) on our website: http://www.savethemall.org/reports/injunction.html Nevertheless, the bill is clear that "design modifications, if any, [shall be] approved in accordance with applicable laws and regulations." As of last December, the Memorialıs designers testified that plans for treating the contaminated soil and water had not yet been drawn up. Therefore, your review must be guided by all applicable laws. If you need additional information, please feel free to call me at 301-340-3938. Thank you for your attention to this urgent matter. Sincerely, Judy Scott Feldman |
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