Honeywell Response to Comments-OCR

Response to Comments regarding Brownfields Agreement
Jengor-Mars Hill, LLC
400 Hickory Drive
Mars Hill, Madison County, NC
Project# 15026-11-58
Public Comment Period
July 10, 2014-August 10, 2014
Two comments were received during the draft Brownfields Agreement public comment period
for the former Honeywell site in Mars Hill, NC. The comments concerning the draft
Brownfields Agreement were considered during the Brownfields decision process. The response
to public comment is provided below, along with the outcome of comment review.
A comment was submitted inquiring as to Jengor-Mars Hill, LLC's use of the property
prior to completion of the Brownfields Agreement and if there was a monetary penalty for
such use.
Jengor-Mars Hill, LLC, applied to the Brownfields Program on July 12, 2011 and
purchased the property on August 1, 2011. In accordance with the Brownfields Property
Reuse Act, a Prospective Developer in this case Jengor-Mars Hill, LLC, may purchase
and use or redevelop the property prior to finalizing their Brownfields Agreement,
although that is done at their own risk. Jengor-Mars Hill, LLC has not caused or
contributed to the contamination at the property in question. The contamination at the
property is the result of the Former Honeywell Corporations operations and they are the
responsible party. Jengor-Mars Hill, LLC has complied with the Brownfields Program
while working towards the completion of the Brownfields Agreement, therefore there is
no cause for any monetary penalty.
A comment was submitted regarding the Agreement not requiring monitor~ng of
groundwater or well water on the surrounding residential properties.
A Corrective Action Plan (CAP) was developed for the site by the responsible party,
Honeywell and revised in 2005. As a part of the CAP a water supply well survey was
conducted within a 1500 foot radius bf the site in 1994 and updated in 2002. An inactive
water supply well was identified at a vacant farmhouse, the well was tested and volatile
organic compounds were not detected in the well in August 2003. With permission of the
property owner the well was abandoned on September 22, 2003. The survey concluded
there were no other water supply wells within the 1500 foot radius of the site and that the
area was served by the Town of Mars Hill public water supply system.
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The responsible party conducts voluntary monitoring of the site groundwater monitoring
well network, the site is under the regulatory jurisdiction of the DENR Inactive
Hazardous Sites Branch. In the event that the responsible party ceases all monitoring
activities a provision in the form of a Land Use Restriction (LUR) in the Brownfields
Agreement requires the current owner to implement a groundwater monitoring program
to DENR's satisfaction. The LUR is paragraph 20.b. included here:
b. If DENR determines that Honeywell International, Inc., has discontinued the implementation
of the current annual groundwater monitoring program for the Property, DENR may require the
then current owner of all or any portion of the Property to implement the current annual
groundwater monitoring program for the Property. DENR may require the then current owner of
all or any portion of the Property to conduct such monitoring activities as DENR's Brownfields
Program determines are reasonably necessary to make the Property suitable for the uses specified
in subparagraph 20.a. above while fully protecting public health and the environment. Such
activities, if required by DENR of the then-current owner, shall be conducted pursuant to a plan
submitted to, and approved by, DENR in advance. The plan shall include, but is not limited to,
sampling methodology, analytes, analytical methods, a schedule for sampling, and criteria for
cessation of monitoring.
For explanation purposes the Act is not designed to require full cleanup for unrestricted
uses which is required of the party responsible for contamination. The agreement
addresses the contamination that relates to public health and occupant risks for that
proposed reuse, largely through land use restrictions that will ensure the property is used
safely. To receive liability protection for existing contamination on the property, Jengor-
Mars Hill, LLC, must comply with the land use restrictions set forth in the agreement.
Thus far Jengor-Mars Hill, LLC has complied and completed additional assessment
required by the Brownfields Program. Including a soil gas survey to evaluate possible off
site vapor migration, the results of the survey indicated that vapors were not an off-site
issue.
Jengor-Mars Hill, LLC, entered the Brownfields Program voluntarily. By choosing to
enter the Brownfields Program, Jengor-Mars Hill, LLC is proactively managing the
environmental issues on the property and ensuring safe reuse of the property. Jengor-
Mars Hill, LLC is still required to obtain any and all other permits, licenses, or
certifications required to comply with any and all other applicable laws for protection of
the environment.
Upon review of the public comments it received, DENR has determined that no revisions
to the Brownfields Agreement are required.
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