NCD980602163_19810630_Warren County PCB Landfill_SERB C_Exhibit B - Affidavit in Support-OCR

IN THE UNITED STATES DISTRICT COURT
FOR THE PASTERN DISTRICT OP NORTH CAROLINA
RALEIGH DIVISION
CIVIL ACTION NO . 79-560-CIV-5
EXHIBIT B
\1J1\Rl~El\1 C(J l}l~'J..'Y,
~:,:Lo.i.ntiff, AFFIDAVIT OF BURLEY J3. MITCHELL, JR.
IN SUPPORT OF STATE DEFENDANTS
MOTION FOR SUM.1\1ARY JUDGMENT ON
SIXTH CAUSE OF ACTION
STA~~ OF NOR~3 :ARCLINA,
0,-c_ E,J_. r
BULLEY :::; _i·..:t~T-~>lELL, JR. f iri3t being duly sworn , deposes and
l. I c·.:~1 SE~cret.ary of Crin-1e Control and Pu.blic Safety
for the State of North Carolina and have held such office since
2 . Si~ce assuming this office I have had the respon-
s.ibility of (:cordinating the response of all State agencies
to th:::: p~~-c;bJc:,,i.c:; co.used by the dumping of PCB oil along the
right-of-w2y or certain North Carolina highways .
3. A 0=a~t 3nvironmental Impact Statement (DEIS) ad-
dressing the J=□hlem was prepared and circulated in accor-
dance vi~h a~pl\cable State regulations.
5. Al .2~ Environmental Impact Statement (FEIS) was
prep2rcd an0 Iiled with the State Clearinghouse on November
J.3, 19D0. Z\ ,:J:.l'--' of the FEIS is attached hereto as Attachment
I.
6. The State inadvertently failed to attach to the
FEIS 2. cop~· ,·:::: c..l1e comments :3ub~nitted by Warren County and
faiJ.ed to prc~,7::_c:e th,3 State response to said comments .
-; l\L /.ddendum to the FEIS (Addendum) was prepared
which incluc.2.:0 cj1e comments submitted by Warren County and
the State's ~2s~onse thereto. The Addendum was f iled with
the State Cl22=inghouse on M2y 26, 1981 , in accordance with
the procedur2: ~~?lica~le to the filing of final environmental
" -2-
J>.ttachrnent. iI.
8 . Suggestions for treatment of the soil liner with
TSPP and for construction of 2 soil liner using a blend of
montrnor~llinite and B-horizon clay were brought to my atten-
tion by W. A. ~aney , Jr . in September of 1980, well after
These suggestions were
cE~:cussed by 1:,e ',·1ith the com,nittee preparing the EIS and
were rejecteC ,, me as being a considerable expense which
\·.'ould afford ':u commensurate protection to the environment .
/} 1/ ~J/ /J ~I __ ;C ~ J)
'Burley B . i tchell, ,Jr .
Sworn EL ·1d subsc~ ibed to before me
1981.