RECOMMENDATION #99-4
Grazing of Cattle on the Fernald Site
June 22, 1999

Presented to: Jack Craig

Source of Recommendation:

• Full Board
• Remediation Committee
• Stewardship Committee
• Steering Committee

Type of Recommendation:

• Initial
• Follow-on to Recommendation
  

Response Requested by: July 6, 1999

Recommendation:
As part of our deliberations on future use leading up to the 1995 recommendations, the FCAB gave careful consideration to the issue of cattle grazing on the Fernald site. While recognizing that no direct health threats could be measured, we felt strongly at that time that such activity was incompatible with the nature of a radioactive waste site. In our 1995 recommendations, we clearly state that residential and agricultural uses should not be considered for the future of the Fernald site. We do not believe that these uses are compatible with a remediated waste site and we believe that it is important to state clearly that they are even less appropriate for a waste site undergoing active remediation. Our preference today is the same as our preference was in 1995: that grazing be eliminated from the Fernald site as soon as possible.

Should DOE continue its consideration of leasing Fernald property for grazing, the FCAB offers a number of recommendations. With regard to the specific proposal currently under consideration, we believe that the October 1999 dates to cease grazing in Area 8, Phase II and Area 1, Phase III should be upheld. The southern portion of Area 8, Phase III is being considered for Native American activities and will not likely be available through the proposed October 2001 date, but more likely will be needed by the summer of 2000. In principle, we support the recommendations provided to DOE by the Ohio Environmental Protection Agency. We further recommend that very strict conditions be placed on all leases as follows:

1. All schedules for remediation, restoration, and future use planning must be unaffected by the cattle grazing. Opportunities for early action on all site activities must be taken advantage of as they arise without consideration of how these actions might impact the grazing operations. Leases must be short-term and allow DOE extreme flexibility for cancellation on short notice (e.g. 30 to 45 days).

2. Cattle must be moved a sufficient distance away from Paddys Run (a minimum of 100 to 150 feet) to facilitate the natural succession of a riparian zone in that area. Fences must be maintained to keep cattle from entering the riparian zone once. This action should be taken immediately.

3. Cultural resources must be protected to the maximum extent practicable. Cultural surveys to identify areas where cattle could damage important cultural resources must be conducted prior to lease renewal, in order to provide adequate time to protect any sensitive areas.

4. A strict limit should be placed on the number of cattle to ensure that the property will not be over-grazed and/or create excessive damage to the property.

5. Leases should be for a maximum of one year with annual reviews and no promise of continued leases beyond July 2000.

6. Grazing should be eliminated or drastically reduced during wet winter months (October to April/May) to limit damage to the property.

7. A clear program to monitor contamination of the grazing land and the cattle should be implemented including a contingency plan that outlines required actions should results exceed acceptable limits. The costs of such a program that are in addition to those required to protect the health and safety of workers and the surrounding community and cultural and ecological resources are not legitimate costs of remediation and should not be borne by the Department of Energy, but by the lease-holder. These costs and the potential risks of grazing on this property should be clearly explained to the lease-holder and included in the lease.

8. All costs associated with the grazing of cattle including, but not limited to fencing, mowing, and repair of damaged property must be borne by the lease-holder and clearly stipulated in the lease.

If the DOE is unwilling to enforce these lease conditions or if the leaseholder is unwilling to accept them, the FCAB requests that all grazing on the Fernald site cease no later than October 1999, which provides the leaseholder sufficient time to move any cattle to other locally available pasture land.

The FCAB asks that DOE provide specific feedback as to how each of these recommendations are taken into account in its overall planning for cattle grazing prior to the formal decision for lease renewal. Should grazing continue, the FCAB requests a detailed briefing on the status of grazing land and lease renewals with regard to the above recommendations at least quarterly and prior to the renewal of any leases.