A: Congress established the Defense Environmental Restoration Program (DERP) on 17 October 1986 with passage of Section 211 of the Superfund Amendments and Reauthorization Act (SARA). The DERP includes several different programs, one of which is the Formerly Used Defense Sites (FUDS) Program. The Department of Defense (DOD) tasked the U.S. Army with carrying out the FUDS program and execution of the program was delegated to USACE. FUDS restoration efforts are restricted to cleaning up properties formerly owned by, leased to, or otherwise possessed, by the Unites States and transferred outside DOD control prior to October 1986.

For more information about DERP, click on the following link:

https://www.denix.osd.mil/derp/about/

For more information about the FUDS Program, click on the following link:

https://www.usace.army.mil/Missions/Environmental/Formerly-Used-Defense-Sites/

A: As mentioned above in the summary of projects, USACE has performed significant environmental restoration actions within the Buxton Naval Facility FUDS Property, including removal of storage tanks and performance of a corrective action to remediate soil and groundwater. USACE, in close coordination with the NCDEQ, will continue to do everything within given authorities to address this area to ensure protection of human health and well-being of the community and environment.

A: Since September 2023, reports of petroleum, sheen, and odors at Cape Hatteras National Seashore have been periodic and limited to a three-tenths of a mile section of beach. The National Park Service has kept this section of beach closed. In coordination with NPS, USACE has been diligently investigating potential sources of petroleum that could have prompted the reports. This small section of beach; however, is a dynamic environment in which conditions can change daily from tidal action or from erosion/accretion events. Given these difficulties, USACE must first identify a location or source of potential Navy related petroleum and whether the petroleum is of an actionable level before any corrective action can be planned in coordination with NCDEQ.

A: Since petroleum was first reported in September, USACE has been diligently investigating the beach to find potential sources that could have resulted in the odors, sheen, and contaminated organic material that have been reported. In response to each report, USACE sent teams in September, October, November, December, and February to collect soil samples, perform borings, dig test pits, and take air samples, all in an effort to identify a potential source. USACE is currently investigating a protruding pipe with a petroleum odor as a potential source.

A: In 1985, USACE removed two buildings (#40 and #19) and appurtenant structures from the former Buxton Naval Facility. The funding and authority were provided in a 1984 Congressional appropriation that provided specific authority to remove “unsafe or unsightly buildings and debris.” The Corps found the two buildings and appurtenant structures to be unsightly, not unsafe. These appropriations, which granted narrow authority, have long since expired and are no longer available.

A: When Congress created the FUDS Program in 1986, building demolition and debris removal work was limited to “unsafe” buildings and structures in such a state when transferred out of DOD control. When the Navy ceased control of the Buxton Naval Facility in 1982, buildings and structures were safe, and the vast majority of the facility was subsequently and beneficially used by the U.S. Coast Guard. Current unsafe conditions are a result of the remnant Navy infrastructure being exposed by erosion on the beach. These conditions did not exist when the property was transferred from Navy control in 1982. For these reasons, USACE does not have the authority under the FUDS Program to address these conditions. This question has been considered and evaluated by USACE’s highest organizational levels.

A: The Cape Hatteras National Seashore is currently under the administrative custody, control, and management of the U.S. National Park Service. USACE does not have control over access to the beach. Questions regarding the beach closure or its management should be directed to the Cape Hatteras National Seashore.

A: USACE removed petroleum contaminated soil in 2004 and has been remediating the groundwater since 2005. USACE experts injected a product into the groundwater that treats petroleum-related contamination at varying levels. From there, USACE has performed quarterly sampling of groundwater to verify the remaining contamination is decreasing. These sampling events are ongoing. For a while now, the only remaining contamination consisted of low levels of methylnaphthalene in one monitoring well. Methylnaphthalene is a daughter product of petroleum, and the low levels indicated the source was being addressed. As of March 2024, groundwater sampling results indicate that detected concentrations of any petroleum contaminants were below the Environmental Protection Agency Regional Screening Levels and North Carolina 02L Groundwater Standards.

A: In February 2024, the USACE was notified of a pipe that had recently been exposed by erosion and was reported to be emitting a petroleum odor. The pipe was suspected to be historically connected to a fuel distribution system. To further investigate whether the pipe was a potential source of petroleum, the USACE hired a contractor to remove the pipe and perform confirmatory sampling around the pipe to determine if it was a possible source of contamination.

A: During the week of May 13, 2024, the USACE removed between 70-80 feet of pipe and 8.54 tons of soil. Additionally, an anomaly, detected via geophysical methods, located north of the pipe was investigated to determine if it was linked to the pipe. The excavation of the anomaly uncovered remnants of an underground storage tank previously removed but did not show signs of contamination and was not connected to the pipe. Samples taken during the pipe removal were sent to a DoD ELAP certified laboratory for analysis. The USACE is currently waiting upon the sampling results. The results will assist with determining the next steps for the site, which will be coordinated with NCDEQ and the federal land manager, NPS.