IH8782_20240319_Notice to Property Owner

March 19, 2023

CERTIFIED MAIL 9589 0710 5270 0731 7951 28 RETURN RECEIPT REQUESTED

Ms. Alison Colberg
7735 NC 63 Highway
Leicester, NC 28748

RE: Notice of Inactive Hazardous Waste Site
Madison County Cyanide Site / West Carolina Smelting
7735 NC 63 Highway
Leicester, Madison County, NC
IHSB # NCD980848782 / NCD981929979

Ms. Colberg:

The North Carolina Department of Environmental Quality, (DEQ), Division of Waste Management
(Division), Inactive Hazardous Site Branch (IHSB), sent you a letter in August 2023; this letter is a
follow up to that initial correspondence requesting information regarding your water supply well
and a request to access your property to sample surface water, sediment, and soil. Please find
attached to this letter the most recent SPL Letter for your reference. I encourage you to contact
me with any questions.

We would like to perform some assessment by way of our Orphan Contract; however, we require
your permission to access your property. Please find attached to this letter a Request for Water
Supply Well Information, and an Access Agreement.

At no cost to you, IHSB would like to perform some limited Site assessment provided your
cooperation. Specifically, we would like to perform the following activities:
• Perform a Site walk,
• Sample the on-Site water supply well,
• Sample surface water and sediment from Little Sandymush Creek,
• Sample the water from the on-Site impoundment.

Based on the findings of the abovementioned activities, additional activities may be requested.
You will receive copies of all data and information which we collect. Site-specific documents can
be obtained from our online document repository Laserfiche, and by entering the United States
Environmental Protection Agency (USEPA) identification numbers: NCD980848782 or

NCD981929979 - https://edocs.deq.nc.gov/wastemanagement/Welcome.aspx?cr=1

You may submit the requested information and Access Agreement to me at the following
address, or email below:
NC Division of Waste Management
2090 U.S. Highway 70
Swannanoa, NC 28778
If you have any questions, please contact me at [phone] or [e-mail].
Thank you in advance for your cooperation.

Sincerely,

Brett Engard, P.G.
Hydrogeologist
Inactive Hazardous Sites Branch

Attachments:
Site Priority List Letter, May 19, 2023
Request for Water Supply Well Information
Access Agreement
PROPERTY ACCESS & SAMPLING PERMISSION I am the owner of the property located at _____________________________________
□ YES. I grant the Division of Waste Management and/or its contractor’s permission to access my
property and collect samples as indicated below from my property.
□ NO. I do not grant the Division of Waste Management and/or its contractor’s permission to access my property and collect samples from my property.

_X__ Potable Well. Does your well have a treatment system {Yes/No) _
_X__ Soil
___ Groundwater
_X_ Surface Water
Analyses: _X__ VOCs ___ SVOCs _X__ Metals ___ Pesticides ___ Other:_Dioxins/Furans____

(Print Name) (Telephone Number)

(Signature) (Date) (e-Mail)
Please return this signed form to either: Vincent Antrilli, Jr. Brett Engard
Division of Waste Management Division of Waste Management
Inactive Hazardous Sites Branch Inactive Hazardous Sites Branch
1646 Mail Service Center 2090 US-70 Raleigh, NC 27699 Swannanoa, NC 28778
[e-mail] [e-mail]

MADISON COUNTY CYANIDE SITE Madison County
IHSB ID NCD980848782
Request for Water Supply Well Information
Incident Number:Incident Name:
Name, email, and telephone number of the person completing the survey:
Name:Email:
Address:Email Alt.:
Phone No.:
City County
feet
feet
feet
If you have any questions, please contact the consultant indicated above or the NC DEQ, Division of Waste Management, IHSB
conducted as part of the investigation of a potential release as required by the State of North Carolina in Title 15A North Carolina
Administrative Code 2L .0405.
Please Provide the Following Information (to the best of your knowledge)
NCD980728745 OSHIELDS FLY ASH
State Route #1510, off Lacey Lane
Yes / No If "Yes", is it "in Use"? Yes / No
Yes / No
Charles E. Ball Registered Agent
Whisper Mountain Ltd.
Post Office Box 5199
Asheville, NC 28813
Re:Inactive Hazardous Waste Sites Priority List
MADISON COUNTY CYANIDE SITE
NCD980848782
SANDYMUSH, MADISON
Dear Mr. Ball:
The North Carolina Department of Environmental Quality (DEQ) is the lead agency for the protection of environmental resources.
DEQ's Division of Waste Management's Inactive Hazardous Sites Branch (Branch) is responsible for oversight and approval of the
assessment and remediation of sites contaminated with hazardous substances. The site listed above has been included on the fiscal
year (FY) 2021-22 Inactive Hazardous Waste Sites Priority List (Priority List). The Priority List includes 523 sites where past
uncontrolled disposal or spills of hazardous substances have been ranked according to their risk to human health and the
environment.
and/ or you are identified as the party responsible for the contamination. As required by law, this letter is to notify you of the site's
inclusion on the Priority List which can be viewed at the following website:
https://www.deq.nc.gov/waste-management/dwm/sf/ihs/guidance/ihsb-sites-priority-list-fy-2021-2022/open
Each site is ranked on a .01 to 100-point scale according to the ranking system describe in 15A NCAC 13C .0200. Higher scores
indicate higher risk to human health and the environment. This list is current as of the end of the State fiscal year on June 30,
2022, so if site has since received a "No Further Action" determination or has entered the Branch's voluntary cleanup program,
you may disregard this letter.
Why you are receiving this letter:
Actions required by certain parties:
done so, is required under North Carolina groundwater quality regulations (15A NCAC 2L) to take immediate action to stop
unpermitted discharges and address any hazards posed by the contaminants. If groundwater has become contaminated from the
discharge, the responsible party must take immediate action to eliminate the source(s) of contamination. Failure of a responsible
party to take the initial discharge abatement steps required in 15A NCAC 2L may result in the assessment of a civil penalty or
other enforcement action against that responsible party.
Disclosure of contamination:
(CERCLA) imposes the duty to disclose contamination before a property is transferred. Further, Under CERCLA, the owner or
operator of a contaminated property could be held responsible for the property's cleanup, based solely on their current ownership
of the property. Please be advised that the North Carolina Residential Property Disclosure Act, North Carolina General Statute
§47E, also contains requirements relating to the disclosure of contamination present on residential property.
ROY COOPER
ELIZABETH S. BISER
MICHAEL SCOTT
Governor
Secretary
Director
May 19, 2023
A Property you own is affected by the above-identified contaminated site
Any person or entity responsible for the contamination that has not already
The federal Comprehensive Environmental Response, Compensation, and Liability Act
North Carolina Department of Environmental Quality | Division of Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200
How to remove the site from the Priority List:
of the site by participating in voluntary cleanup program under an administrative agreement with the Branch. The first step is
to complete and submit a Site Conditions Questionnaire found on our website: https://deq.nc.gov/about/divisions/waste-
management/superfund-section/inactive-hazardous-sites-program. Branch staff will review the information and assist with a
path forward to achieve an approved cleanup. In general, State staff will oversee and approve cleanup actions at the high-
risk sites. Lower-risk sites are managed through a privatized oversight program, known as the Registered Environmental
Consultant (REC) Program, whereby Branch-approved environmental consulting firms conduct and certify the site
assessment and cleanup in place of State oversight. Regardless of whether State staff or an REC oversees the cleanup action,
if certain criteria are met, a party can conduct a more expedient lower-cost cleanup to less stringent, risk based standards
using land controls.
Benefits of conducting an approved voluntary cleanup action under an Administration Agreement:
Note that State Brownfields Agreements for property redevelopment do not excuse responsible parties from contaminant
cleanup and will not automatically result in site closure. Brownfields Agreements serve to implement abatement measures
for safe reuse of a purchased property and typically do not address (1) the removal or treatment of contaminant source areas
on the Brownfield property and (2) contamination that extends onto neighboring properties. The site will remain on the
Priority List.For more information:
Sincerely,
Janet Macdonald, Head
Inactive Hazardous Site Branch
Superfund Section
Any party can complete an approved environmental cleanup
John Walch - Eastern Unit - [phone]Collin Day - Western Unit - [phone]
Site records are accessible online by clicking on Superfund Section File Access at the above web site. To
schedule an appointment to view the files or to request that a copy of the Priority List be mailed to you, please
contact Scott Ross at [phone].
If you have any questions regarding this letter or how to conduct a cleanup of your
property, please contact me at [phone] or preferably the Regional Supervisor of the county where the site is located.
A larger regional map can be viewed at the above web site
• Site is removed from the Inactive Hazardous Sites Priority List
• Remedial actions lead to an approved site closure
• Lower-cost, risk-based cleanup standards may be an option
• Lenders involved in property transfers often require state or federal approval of cleanup
• Proactive work, regardless of responsibility, provides community trust
North Carolina Department of Environmental Quality | Division of Waste Management
217 West Jones Street | 1646 Mail Service Center | Raleigh, North Carolina 27699-1646
919.707.8200