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HomeMy WebLinkAboutHaywoodCo_BarberOrchardSoilRemoval_20200930 Memo To File Author. S.Wilson Date: 8/26/2013 Re: Barber Orchard The site appears to be stable. I was keeping this open mainly for the area that got rip-rapped. (It was technically a stream). I'm going to close this out in BIMs. I've only received one further complaint in 2013 and it was very minor(and resolved itself). Nothing more related to turbidity or sediment. 1 RESIDENTIAL SOIL REMEDIATION ACTION PRE-REMOVAL AND COMPLETION AGREEMENT Date: 1 Property Address: Owner/Designee Narne: guc-P- Pil I Mailing Address: Phone/Cell Phone:— PRE-SOIL REMEDIATION ACTION AGREEMENT Soil Rernediation Action Work to be Performed: 14�1) "/I/t C, 4's 4. /* 5. 6. 7. 8. Owner/Desio,nce: (Signature) (Print Name) (Date) nor/D esignee: rir COMPLETION AGREEMENT Soil Rernediation Action Items Completed on:Z.c:-'Iz 41" Inspected on: The signature below indicates the following: Hi that the soil remediation action.items listed above were completed to my satisfaction; the property has been properly re-vegetated; A)Fk] lawn care guidelines were given tome and reviewed; and EU,,- the soil remediation action is considered complete with no further action required. List any items of concern here: geo'K, Owner/Designee: Signature) (Prik Name) (Date) Owner/Designee: (Signature) (Print Araine) (Date) .................. ....... Wilson, Susan A From: Dave Brinkmeyer[d.brinkmeyer@erllc.com] Sent: Friday, March 02, 2012 5:33 PM To: Wilson, Susan A; Bornholm.Jon@epamail.epa.gov Cc: Testerman, Nile; Cranford, Chuck; Herbert, Laura C; Brooks Cooper Subject: RE: Barber Orchard Susan—Thanks for your information, we had already planned to be on-site to address some of those areas next week— especially the freeman property which is where the large swale is located. We plan on mobbing and reviewing what needs to be done on Monday and hope to start repairs on Tuesday in all areas [weather permitting to allow access to the areas-long range forecast looks good right now]. Will follow up with photo documentation to show what was done to repair the areas. Thank You. David From: Wilson, Susan A [mailto:susan.a.wilson(dncdenr.cioSent: Friday,Friday, March 02, 2012 3:09 PM To: Dave Brinkmeyer; Bornholm.3on@)epamail.epa.gov Cc: Testerman, Nile; Cranford, Chuck; Herbert, Laura C Subject: Barber Orchard Jon and Dave— On February 17, 2012 1 went to look at a portion of the Barber Orchard site. Based on that brief site inspection -DWQ cannot close out NOV-2011-SS-0009. Although there is some vegetation growth on the site,there are also bare areas and rills/gullies on the site. It will need to be stabilized prior to DWQ closing out the NOV. I have not accessed the upper slopes yet to determine the stability—I suggest you folks take a hard look at that. Due to the steep slopes, and if vegetation did not have time to establish prior to the cold months—it has a high potential for developing gullies/rills. The area that I especially noticed during my site inspection is the area south of the RR near Apple Hill Drive (west of Granny Smith). Sediment is present south of the RR and I'm not sure there is adequate positive flow. Much of the areas within the residential subdivision appeared OK and didn't have the same type issues. I've attached a few pictures for your review. If you need technical assistance—you may wish to contact Laura Herbert (Division of Land Resources) at 828 296-4500. Thanks, Susan Susan A.Wilson -Susan.A.Wilson@ncdenr.g v North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 i Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. z Wilson, Susan A From: Wilson, Susan A Sent: Friday, March 02, 2012 4:07 PM To: 'Dave Brinkmeyer'; 'Bornholm.Jon@epamail.epa.gov' Cc: Testerman, Nile; Cranford, Chuck; Herbert, Laura C Subject: Barber Orchard Attachments: Picture 094.jpg; Picture 097.jpg; Picture 098.jpg; Picture 101.jpg; Picture 106.jpg; Picture 108.j pg Jon and Dave— On February 17, 2012 1 went to look at a portion of the Barber Orchard site. Based on that brief site inspection -DWQ cannot close out NOV-2011-SS-0009. Although there is some vegetation growth on the site,there are also bare areas and rills/gullies on the site. It will need to be stabilized prior to DWQ closing out the NOV. I have not accessed the upper slopes yet to determine the stability—I suggest you folks take a hard look at that. Due to the steep slopes, and if vegetation did not have time to establish prior to the cold months—it has a high potential for developing gullies/rills. The area that I especially noticed during my site inspection is the area south of the RR near Apple Hill Drive (west of Granny Smith). Sediment is present south of the RR and I'm not sure there is adequate positive flow. Much of the areas within the residential subdivision appeared OK and didn't have the same type issues. I've attached a few pictures for your review. If you need technical assistance—you may wish to contact Laura Herbert (Division of Land Resources) at 828 296-4500. Thanks, Susan Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 1 � •• BILE cony �s WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 26, 2011 CERTIFIED MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6505 7010 1870 0003 0874 6512 Mr. Jon Bornholm,Remedial Project Manager David A. Brinkmeyer, CHMM USEPA Region 4/ Superfund Division VP-Government Contracts 61 Forsyth Street Environmental Restoration, LLC Atlanta, GA 30303 1666 Fabick Drive St. Louis, MO 63026 T➢ I1=1; MANL RECEIPT 12E'QUESZMED 7w0a1t0'�1i8�7a0�0 :03"0�H7�4�6� 9 �., Attn: Environmental Restoration, LLC Corporation Service Company 327 Hillsborough St. Raleigh,NC 27603 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT and INJUNCTIVE RELIEF Barber Orchard Superfund Site NOV-2011-SS-0009 Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Haywood County Response deadline: May 16,2011 Dear Messrs. Bornholm and Brinkmeyer: On March 24, 2011, Susan A. Wilson and Jeff Menzel from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site visit at Barber Orchard Superfund Site in Haywood County. The site is located 3 miles west of Waynesville,NC. Mr. Will Smith, with the United States Army Corps of Engineers (USACE), was also present during the inspection. It is the knowledge of DWQ that the United States Environmental Protection Agency (USEPA) Region 4/ Superfund Division has taken responsibility for removing and remediating the contaminated soils for this site, and that they have directed Environmental Restoration, LLC to conduct the contract work. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-298-45001 FAX:828-299-70111 Customer Service:1-877-123-1748 ��turq��� \ Internet: www.ncwaterquality.org L An Equal Opportunity l Affirmative Action Employer Messrs.Bomholm and Brinlaneyer April 26,2011 Page 2 of 5 A follow-up site visit and meeting was conducted on April 5, 2011 with representatives of the DWQ, Division of Land Resources, Division of Waste Management,Haywood County Erosion Control, as well as USEPA Region 4 and Environmental Restoration, LLC. During the site visits, DWQ observed impacts to unnamed tributaries to Richland Creek from sediment deposition, and the excavation and relocation of stream channels. Offsite sediment was also noted that resulted from the activities within the subject sites' property boundary. It was difficult to quantify the amount of stream impacts and offsite sediment due to the nature of the damage. DWQ also observed disturbance and fill material placed in wetland-type soils throughout the site. If a delineation map depicts that these areas are wetlands, any unauthorized impacts found in those areas will need to be addressed and the wetlands restored. The stream impacts occurred to unnamed tributaries to Richland Creek, a Class C Trout water body in the French Broad River Basin. As a result of the site inspection, the following violations were identified: VIOLATIONS I. Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f— Title 15A North Carolina Administrative Code 2B .0211 (3)f requires that"Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses". An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by sediment deposition resulting in a stream standard violation. II. Removal of Best Usage— 15A NCAC 02B.0211 (2)— Title 15A North Carolina Administrative Code 2B .0211 (2) requires that"The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard". An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by excavating stream channels resulting in stream standard violations. III. Wetland Standards - 15A NCAC 02B .0231 (b) - (1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses (5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: (C) The chemical, nutrient and dissolved oxygen regime of the wetland; Messrs.Bomholm and Brinkmeyer April 26,2011 Page 3 of 5 (D) The movement of aquatic fauna; (F) Water levels or elevations. An undetermined amount of potential wetlands have been impacted from fill material and other disturbances. Wetlands at the site would drain to Richland Creek. REQUIRED RESPONSE The DWQ requests that you respond by May 16, 2011. Your response should be sent to the attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: 1. Other Waste (In-Stream Sediment) - 15A NCAC 02D .0211 (3)f a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You are strongly encouraged to secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including techniques, manpower, and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. Sediment must be tested for primary contaminants to ensure the proper disposal of off-site sediment. • Please explain how turbidity standards will not be exceeded. • Please describe how you will stabilize the site on both a short term and a long term basis, in order to prevent further impacts from sediment to water quality. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. Messrs.Bornholm and Brinkmeyer April 26,2011 Page 4 of 5 II. Removal of Best Usage—15A NCAC 02B.0211 (2) a. Please explain why these impacts occurred. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e., relocation and/or fill). c. Please submit a Stream Restoration Plan to this office for review and approval. You are strongly encouraged to secure a consultant to assist you with your plan development and with obtaining any permit, certification, and/or authorization necessary to achieve compliance (you may wish to contact Scott Jones or Tyler Crumbley, USACE, Wilmington District at(828) 271-7980 to determine if permitting within the site boundary is required or if jurisdictional stream/wetland determination is required by the USACE). The plan must include the removal of the impacts, restoration of the stream channel as well as the restoration of the streambank and buffer along the stream within the Superf ind site boundary. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: 1. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. 2. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Ms. Wilson. III. Wetland Standards - 15A NCAC 02B .0231 (b) a. Please explain why these impacts occurred. b. Please delineate all wetland areas on the entire subject site,within the Superfand property boundary (as well as any wetlands impacted by sediment off-site). c. Please submit a Wetlands Restoration Plan to this office for review and approval (similar to the requirements stated in II.c. above). Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement and an injunctive relief request to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Environmental damages have been documented on the subject tract as stated above. Your efforts Messrs.Bomholm and Brinkmeyer April 26,2011 Page 3 of 5 to undertake activities to bring the subject site back into compliance are required. Action must be taken in order to begin to solve ongoing environmental issues. Pursuant to G.S. 143-215.6A, these violations and and future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWQ can request the Attorney General to institute a civil action to restrain the violations or threatened violations. Your above-mentioned response to this correspondence,the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil action and/or civil penalty assessment process that may occur. Should you have any questions regarding these matters,please contact Susan Wilson or myself at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Surface Water Protection Section, Matt Matthews WBS Compliance and Permits Unit, Katie Merritt ARO File Copy Division of Land Resources, Janet Boyer- ARO Division of Land Resources, Gray Hauser Division of Waste Management,Nile Testerman 1646 Mail Service Center, Raleigh,NC 27609-1646 Aquifer Protection Section, Landon Davidson USACE, Scott Jones Haywood County Planning,Marc Pruett S:\SWP\Haywood\Complaints\Barber Orchard\NOV.Barber Orchard vIA 2011.docx VISITOR'S SIGN-IN LOG BARBER ORCHARD SUPERFUND SITE 107 Barber Hill Road Waynesville, North Carolina 28786 Today's Date: 5-Apr-11 [Please Print] NAME ORGANIZATION PHONE#or Email Address All A& 0 8 Z . 7C /,G T ! 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I'll probably go ahead and close it out with some language regarding re-seeding in the spring if necessary. This one is unusual in that I would typically wait for our Division of Land Resources to close the site out and then I could close the NOV. Since it is out of their regulatory authority—I'll just move forward with our close-out. Thanks, Susan Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Dave Brinkmeyer [_mailto:d.brinkmeyerCa�erllc.com] Sent: Friday, January 13, 2012 4:35 PM To: Wilson, Susan A Cc: Testerman, Nile; Joel Lenk; Brooks Cooper Subject: RE: Barber Orchard -NOV Closeout Request Hi Susan Hope you had a great holiday and got to enjoy some time off. I was following up to this email to see if we would be receiving a close-out letter for the NOV we had previously received. In-regards to your concerns listed below, you should have received the sign-off agreement on 11/7/11 under a separate email to address this concern with the property owner signed agreement approving the rock placement. In regards to your second concern, we have been back to the site to perform final punchlist items/subcontractor supervision. During these visits growth has been observed in these areas of concern. We will continue to perform O&M at the Site in the near term and will make any necessary repairs/re-seeding if areas do not seem stabilized per these visual inspections. Hope this answers your concerns, and look forward to hearing from you. 1 Thanks David From: Wilson, Susan A [mailto:susan.a.wilson(abncdenr.aov] Sent: Friday, October 14, 2011 9:59 AM To: Bornholm.Jon@epamail.epa.aov; bornholm.jon@epa.gov; Dave Mang; Dave Brinkmeyer Cc: Testerman, Nile; Joel Lenk Subject: Barber Orchard Jon/Dave— I met Joel on site yesterday (10/13)to review the work that had been completed. The site looks stable. I just have a couple of concerns at this point: The rip-rap in the small tributary. Again—I agree that at this point the rip-rap should remain in place. If you get a signed agreement with the current property owner—DWQ will be OK with that. We just cannot move forward on that without the agreement of the property owner. You'll need to evaluate the newly stabilized (strawed/seeded) areas to ensure that germination occurs—and re- seed if necessary. I can put that language in the close-out. Thanks, Susan Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 2 Wilson, Susan A From: Joel Lenk Ulenk@altamontenvironmental.com] Sent: Monday, November 07, 2011 10:45 AM To: Wilson, Susan A; Bornholm.Jon@epamail.epa.gov; bornholm.jon@epa.gov; Dave Mang; Dave Brinkmeyer Cc: Testerman, Nile Subject: RE: Barber Orchard Attachments: Property Owner Sign Off on Impact.pdf; 2011-11-04_13-07-38_912.jpg Susan, On behalf of Environmental Restoration, Inc., please find attached the property owners"sign off' on the installation of rip-rap in the area referred to as RA 7.1 along UT 7a at the Barber Orchard site. Additionally, a recent photo of the RA 7.1 area showing seed that has germinated is also attached. Please contact me or Mr. Brinkmeyer if you have any questions or comments related to the attachments,or with your concerns associated with "closing-out"the site listed below. Sincerely, Joel D. Lenk, P.G. Altamont Environmental, Inc. 231 Haywood Street Asheville, North Carolina 28801 Phone: (828) 281-3350 ext. 203 Cell: (828) 280-8375 Fax: (828) 281-3351 ilenk@altamontenvironmental.com www.altamontenvironmental.com From: Wilson, Susan A [mailto:susan.a.wilson(c@ncdenr.gov] Sent: Friday, October 14, 2011 10:59 AM To: Bornholm.Jon@epamail.epa.aov; born holm.jon(cbepa.gov; Dave Mang; Dave Brinkmeyer Cc: Testerman, Nile; Joel Lenk Subject: Barber Orchard Jon/Dave— I met Joel on site yesterday(10/13)to review the work that had been completed. The site looks stable. I just have a couple of concerns at this point: 1) The rip-rap in the small tributary. Again—I agree that at this point the rip-rap should remain in place. If you get a signed agreement with the current property owner—DWQ will be OK with that. We just cannot move forward on that without the agreement of the property owner. 2) You'll need to evaluate the newly stabilized (strawed/seeded) areas to ensure that germination occurs—and re- seed if necessary. I can put that language in the close-out. Thanks, 1 Susan Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept.of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 2 Wilson, Susan A From: Wilson, Susan A Sent: Friday, October 14, 2011 10:59 AM To: 'Bornholm.Jon @epamail.epa.gov'; 'born holm.jon@epa.gov'; Dave Mang; Dave Brinkmeyer Cc: Testerman, Nile; 'Joel Lenk' Subject: Barber Orchard Jon/Dave— I met Joel on site yesterday(10/13)to review the work that had been completed. The site looks stable. I just have a couple of concerns at this point: 1) The rip-rap in the small tributary. Again—I agree that at this point the rip-rap should remain in place. If you get a signed agreement with the current property owner—DW,Q will be OK with that. We just cannot move forward on that without the agreement of the property owner. 2) You'll need to evaluate the newly stabilized (strawed/seeded) areas to ensure that germination occurs—and re- seed if necessary. I can put that language in the close-out. Thanks, Susan Susan A. Wilson-Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 1 Wilson, Susan A From: Wilson, Susan A Sent: Thursday, October 06, 2011 9:14 AM To: 'Joel Lenk'; Dave Mang; 'Bornholm.Jon@epamail.epa.gov' Cc: Anna Saylor(E-mail); Testerman, Nile; 'Crumbley, Tyler SAW' Subject: RE: Barber Orchard Site Visit Joe-wL-w_as_hoping to.touch base with the Superfund coordinator in Raleigh today (Nile Testerman) but he apparently:Js out until Monday. As with the voice mail I left you yester ay evening -white I agree ttiaf removal:of"the riprap wou'fct likely case-more.,�ar_m than good at this point-I don't know that I have complete authority to allow a permanent 3 ` "impact"to remain in place. Usually when situations of this type occur-we-can-work-with,the owner of the proper'ty� o determine the best course of action. If ER can provide sign-off that the permanent impact is OK with the property j owner, or if they can provide some legal documentation stating that they will properly restore the stream if the property owner wishes the impact restored in the future-I would likely be able to let ER/EPA R4 leave the impact in place':, Again, DWQ is extremely disappointed that ER did not follow Altamont's well documented plan that we approvedi l r' When DWQ closes out the Notice of Violation,we will document that the plan was not followed and have some strong statements in that regard. DWQ hopes that ER/EPA R4 does not have issues of this nature in the future in this-state fqr any other. At minimum,we hope that all parties have learned that streams and wetlands must be delineated and protected prior to work of this nature (and since an Army Corp of Engineers person was on-site during the project-., t ese lapses were especially surprising and disappointing). �T-_ III be ou n the field today(Thurs)-but should be in later in the day(and I should be in the office tomorrow_ u"' g). f hanks for keeping us informed:-I've;-copied=Nile,-Ion; and`Tyfer on ffif note'to let them-know-o_-f-t situatiQ . Susan Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Joel Lenk [mailto:jlenk@altamontenvironmental.com] Sent: Tuesday, October 04, 2011 6:08 PM To: Wilson, Susan A; Dave Mang Cc: Anna Saylor (E-mail) Subject: Barber Orchard Site Visit All, Altamont conducted a site visit to the Barber Orchard site on October 3, 2011. The purpose of the visit was to observe and assist Environmental Restoration, LLC (ER) with the installation of restoration measures described in Altamont's Site Stabilization, Sediment Removal, and Stream Restoration Plan (Plan) report dated July 15, 2011 for Restoration Area RA 1 7.1 along tributary UT 7a indicated on Figure 2 of the Plan. Restoration of this reach of stream was delayed until now due to the need for ER to close out a staging area upslope of UT 7a before restoring the stream. The need to wait for closing of the staging area was described in Altamont's Site Stabilization,.Sediment Removal, and Stream Restoration Final Report(Report) dated August 19, 2011 and in email correspondence between ER and Ms. Susan Wilson of the North Carolina Department of Environment and Natural Resources(NCDENR), Division of Water Quality (DWQ). Altamont's understanding, and per the Report and referenced correspondence,this was the last task to be completed in order for ER and the United States Environmental Protection Agency, Region 4 Superfund Division (USEPA)to successfully address a Notice of Violation (NOV) issued to both on April 26, 2011. While on site, Altamont also viewed remedial work conducted by ER on parcels 17, 18, 62, 57, 23, and 25 since Altamont issued the Plan (July 15, 2011)to observe that remedial work had avoided the NCDENR 25-foot Trout Buffer as requested by the DWQ. While on site Altamont observed the following conditions: 1. It appeared that ER has avoided the Trout Buffer on parcels 17, 18, 62, 57, 23, and 25 as requested by DWQ, and in most locations the buffer was left wider than the requested 25-feet. 2. Apparently, due to misinterpretation of the plan by ER, or miscommunication from ER to its equipment operators,tributary UT 7a has been stabilized with what appears to be Class B crushed stone. Photos of the stabilized tributary with descriptions may be found in the attachment to this email (20111003 Site Visit Photos & Descriptions). It is the opinion of Altamont that removal of fill placed in the UT 7a may cause more harm to downstream waters than if the fill material is left in place and the restoration plan is modified as described below. Revised Restoration Plan for UT 7a 1. Confirm that the DWQ agrees with the revised restoration plan. If so, proceed to Step 2. If not, await guidance from the DWQ. 2. Inform Altamont that ER is ready to install restoration techniques and schedule an Altamont representative to observe installation of restoration measures described below. 3. Cultivate to a depth of approximately two inches all areas that are not currently stabilized with crushed stone within 25 feet of the centerline of riprap lined channels associated with tributary UT 7a. 4. Apply 20 pounds of wetland seed mix(referenced in Altamont's Plan at the top of Page 5) evenly to all areas within 25 feet of centerline of stabilized channels, including areas stabilized with crushed stone. Substitute Winter Rye or Winter Wheat for Browntop Millet or spread evenly over the cultivated area an additional 10 pounds of Winter Rye or Winter Wheat. 5. Mulch all cultivated and seeded areas with wheat straw at a rate of approximately one bail of straw per 300 square feet of cultivated area. 6. Install one 6.5-foot width, 700 weight, coir fabric adjacent to all crushed stone lined channels associated with UT 7a per the specification included in Appendix E of the Plan. 7. Irrigate the restored area as needed until an annual winter grain (rye or wheat) has germinated. Please feel free to contact me with any questions or comments regarding this correspondence. Sincerely, Joel D. Lenk, P.G. Altamont Environmental, Inc. 231 Haywood Street Asheville, North Carolina 28801 Phone: (828) 281-3350 ext. 203 Cell: (828) 280-8375 Fax: (828) 281-3351 jlenk@altamontenvironmental.com www.altamontenvironmental.com z Wilson, Susan A From: Joel Lenk Olenk@altamontenvironmental.com] Sent: Tuesday, October 04, 2011 6:08 PM To: Wilson, Susan A; Dave Mang Cc: Anna Saylor(E-mail) Subject: Barber Orchard Site Visit Attachments: 20111003 Site Visit Photos & Descriptions.pdf All, Altamont conducted a site visit to the Barber Orchard site on October 3, 2011. The purpose of the visit was to observe and assist Environmental Restoration, LLC (ER)with the installation of restoration measures described in Altamont's Site Stabilization, Sediment Removal, and Stream Restoration Plan (Plan) report dated July 15, 2011 for Restoration Area RA 7.1 along tributary UT 7a indicated on Figure 2 of the Plan. Restoration of this reach of stream was delayed until now due to the need for ER to close out a staging area upslope of UT 7a before restoring the stream. The need to wait for closing of the staging area was described in Altamont's Site Stabilization,Sediment Removal, and Stream Restoration Final Report(Report) dated August 19, 2011 and in email correspondence between ER and Ms.Susan Wilson of the North Carolina Department of Environment and Natural Resources(NCDENR), Division of Water Quality(DWQ). Altamont's understanding, and per the Report and referenced correspondence,this was the last task to be completed in order for ER and the United States Environmental Protection Agency, Region 4 Superfund Division (USEPA)to successfully address a Notice of Violation (NOV) issued to both on April 26, 2011. While on site,Altamont also viewed remedial work conducted by ER on parcels 17, 18, 62,57, 23, and 25 since Altamont issued the Plan (July 15, 2011)to observe that remedial work had avoided the NCDENR 25-foot Trout Buffer as requested by the DWQ. While on site Altamont observed the following conditions: 1. It appeared that ER has avoided the Trout Buffer on parcels 17, 18, 62, 57, 23, and 25 as requested by DWQ and in most locations the buffer was left wider than the requested 25-feet. 2. Apparently, due to misinterpretation of the plan by ER, or miscommunication from ER to its equipment operators,tributary UT 7a has been stabilized with what appears to be Class B crushed stone. Photos of the stabilized tributary with descriptions may be found in the attachment to this email (20111003 Site Visit Photos & Descriptions). It is the opinion of Altamont that removal of fill placed in the UT 7a may cause more harm to downstream waters than if the fill material is left in place and the restoration plan is modified as described below. Revised Restoration Plan for UT 7a 1. Confirm that the DWQ agrees with the revised restoration plan. If so, proceed to Step 2. If not, await guidance from the DWQ. 2. Inform Altamont that ER is ready to install restoration techniques and schedule an Altamont representative to observe installation of restoration measures described below. 3. Cultivate to a depth of approximately two inches all areas that are not currently stabilized with crushed stone within 25 feet of the centerline of riprap lined channels associated with tributary UT 7a. 4. Apply 20 pounds of wetland seed mix(referenced in Altamont's Plan at the top of Page 5) evenly to all areas within 25 feet of centerline of stabilized channels, including areas stabilized with crushed stone. Substitute Winter Rye or Winter Wheat for Browntop Millet or spread evenly over the cultivated area an additional 10 pounds of Winter Rye or Winter Wheat. 5. Mulch all cultivated and seeded areas with wheat straw at a rate of approximately one bail of straw per 300 square feet of cultivated area. 6. Install one 6.5-foot width, 700 weight, coir fabric adjacent to all crushed stone lined channels associated with UT 7a per the specification included in Appendix E of the Plan. 7. Irrigate the restored area as needed until an annual winter grain (rye or wheat) has germinated. 1 Please feel free to contact me with any questions or comments regarding this correspondence. Sincerely, Joel D. Lenk, P.G. Altamont Environmental, Inc. 231 Haywood Street Asheville, North Carolina 28801 Phone: (828) 281-3350 ext. 203 Cell: (828) 280-8375 Fax: (828) 281-3351 alenk@altamontenvironmental.com www.altamontenvironmental.com 2 Wilson, Susan A From: Wilson, Susan A Sent: Tuesday, September 06, 2011 3:34 PM To: 'Anna Saylor' Cc: Joel Lenk; Dave Mang Subject: RE: Barber Orchard Update Thanks for the update—that's fine. I'm going to try and swing by the site maybe Friday if I get a chance. Hope they did well during the rain event yesterday/today. Susan Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Anna Saylor fmailto:Anna altamontenvironmental.coml Sent: Tuesday, September 06, 2011 11:31 AM To: Wilson, Susan A Cc: Joel Lenk; Dave Mang Subject: Barber Orchard Update Susan, I wanted to provide you with.an update on the Barber Orchard site. As stated in the Final Report we provided to you on August 19, 2011,we anticipated that the staging area would be closed by September 9, 2011, with restoration of UT 7a taking place within a week after that. I spoke with the site manager this morning and he informed me that the staging area would not likely be closed until closer to September 20, 2011, due to delays. Joel Lenk and myself will keep you informed of the schedule to restore UT 7a as we near the closing of the staging area. Please let me know if you have any questions or comments. Sincerely, Anna P. Saylor,WPIT Altamont Environmental, Inc. 231 Haywood Street Asheville, North Carolina 28801 Phone: (828) 281-3350 ext. 210 Direct Dial: (828) 771-0370 Cell: (828) 545-3220 Fax: (828) 281-3351 asaylor@altamontenvironmental.com www.altamontenvironmental.com 1 r 126:E, APPR_)Ja,�) 65;Aw wl q-5 0"1 L t:re) !Nilson, Susan A From: Edwards, Roger Sent: Friday, August 05, 2011 11:54 AM To: Testerman, Nile Cc: Wilson, Susan A Subject: RE: Draft Sampling Plan for Within Buffer Zone at Barber Orchard Staff has reviewed the proposed sampling plan. This proposed sampling plan is acceptable to DWQ-ARO-SWP. Roger Edwards - Roger.Edwardsoncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. -----Original Message----- From: Testerman, Nile Sent: Thursday, August 04, 2011 12:51 PM To: Edwards, Roger Subject: FW: Draft Sampling Plan for Within Buffer Zone at Barber Orchard -----Original Message----- From: Jon Bornholm fmailto:Bornholm.Jon(@epamail.epa.govl Sent: Thursday, August 04, 2011 11:54 AM To: Testerman, Nile Subject: Draft Sampling Plan for Within Buffer Zone at Barber Orchard Nile, Attached is the plan ER put together. As you know, we are on a short timeline, please review ASAP. Please feel free to share with Susan Wilson. For your convenience, I've attached a figure showing locations of properties referred to in plan. Jon Remedial Project Manager EPA Region 4/Superfund Division Superfund Remedial & Site Evaluation Branch (o) 404-562-8820 (c) 404-217-8565 (See attached file: Sampling Plan within Trout Buffer Zone - DRAFT.docx) (See attached file: Fig 14 - ROD Cleanup Level Exceedances in Surface Soils.JPG) i Sampling Plan within Trout Buffer Zone Friday July 29'2010 Prepared By:Environmental Restoration Location Area in which sampling is to be conducted would be within the 25 ft buffer on properties: 15 / 37/48 /49 / 53. One sample will be taken on either side of the creek on each property. Sampling Methodology The following specific procedures will be used during the collection, handling and shipment of samples for this investigation. SESDPROC-005-R1, Sample Evidence and Management SESDPROC-010-R3, Logbooks SESDPROC-011-R2, Field Sampling Quality Control SESDPROC-110-R2, Global Positioning System SESDPROC-202-R1, Management of Investigation Derived Waste SESDPROC-205-RI, Field Cleaning and Decontamination SESDPROC-209-RI, Packing, Marking, Labeling and Shipping of Environmental and Waste Samples SESDPROC-300-R1, Soil Sampling Specific Soil sampling Procedures Surface soil samples will be collected, where possible, as five-point composites, per the aliquot pattern shown at the bottom of the page. Occasional deviations from this pattern might be necessitated when structures impinged on the aliquot layout, the grid was located very near a property boundary or refusal was encountered in the subsurface. The field team leaders, on these occasions, will make adjustments to the number and locations of aliquots collected to represent the location and noted these deviations in their field logbooks as part of the sample documentation. Surface samples will be comprised of soil from the 0"—4" below ground surface (bgs) interval. Decaying leaf litter and moss will be cleared from soil prior to sampling. Five point composite aliquot pattern AnalyticalMeth o dology All samples collected for this investigation will be analyzed by the following EPA Contract Laboratory Program (CLP) laboratories: Metals & Organochlorine Pesticides:Analytical Environmental Services, INC Atlanta, GA General Approximately 12 samples will be collected for this investigation. The following are the ROD contaminants of concern and the cleanup goals for each compound. Surface Soil Cleanup Goals • Arsenic— 80 mg/kg • Lead—400 mg/kg • 4,4-DDT— 1.7 mg/kg • 4,4-DDE— 1.7 mg/kg • 4,4-DDD—2.4 mg/kg • Aldrin—0.033 mg/kg • Dieldrin—0.035 mg/kg • Endrin— 15 mg/kg • Endrin Ketone— 1.5 mg/kg A final report with discussions of individual compounds data summary tables,photos will be provided under separate cover. Surface Soil The reported concentrations for all ROD contaminants of concern will be compared to their respective clean-up goals. Volume Potential Removal Using a uniform thickness of one foot, the volume of soil requiring removal, by this definition, was calculated as approximately 1,000 cubic yards. t;,„ �.� �.. ;,.4 7�^' `_`- r dx x aP.• .?s*s ,l r I :}s4�.-.M#,. a, '�'.:[ff b* J- .'s t � #?+ ° s, o y� f`-s �Y' e't 'F^�- n �lh .7D�'= '• � ,s�y} _ ��'S,r 'c��r'` -;�,T.`�< �1'r. "�'7k, �r.,z. '•;' L��- �, + �. �*�t� D9,.. 4 -fi R�S•' . qr. •T �= `i���-y '�•��.a... 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L��i+^ � A - ,!'^O 15 �• 6, �:'�•f�y^x �X'�`h'• v4�'�jY� '�,.r •J,��`�s' si:i� �`�.jr..a 77 µ.; �}' ,g. 's � '� d�`y,!� # �, � �- �1 `'RA'. rA5 M � '�'i°R "�. {S ..r� r' i r`r•• 'tom, ^�•�,. s`t�` c�.-•" :r�:"�' fist + ` ,�� i s- ".i�,f ,,*��t ! i�jjrb1„�! + ',a'r� •� ' .e � 4�s �`"t� r!• Y• y.s. J � � 7 a i r!� �.. f�� Jfip�� .•it � k �„q��. •T'x;C. .�r � � `� yA� � r $ �rr�� Y +�'?�..4�✓�� + �3»»ie'�s P���r�i`.,'°� �� �'z. Jt`4 d,�,.tr9'A�.,t`- ��''*„� �i•'T;�S�'" s7"sf� ,9� ,b� t !"� Tq'L�?�'��.c. f :eb • A•!� �. ` - S, .si Y.i�1\.��s».aF ....r-.�' ...-r• 1.L•,_ • � _ZS V..SA srM _.__j_ F-,I� FILE COPY ra' NMENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary July 20,2011 Mr. Jon Bornholm, Remedial Project Manager USEPA Region 4/ Superfund Division 61 Forsyth Street Atlanta, GA 30303 Mr. David A. Brinkmeyer, CHMM VP-Government Contracts Environmental Restoration, LLC 1666 Fabick Drive St. Louis, MO 63026 SUBJECT: Sediment Removal Plan Approval and Restoration Plan Approval Barber Orchard Superfund Site Ref. NOV-2011-SS-0009 Haywood County Dear Messrs. Bornholm and Brinkmeyer: The Division of Water Quality (DWQ)has received correspondence from Altamont Environmental, Inc. dated July 15, 2011, in response to the NOV noted above. Due to the extent of the project and the delineation that had to be performed,the DWQ allowed an extension of the response time frame specified in the NOV (and has had on-going e-mail correspondence with all parties). The proposal presented includes the removal of sediment and restoration of several tributaries to Richland Creek as noted in the document. In addition, Altamont has performed stream identification of surface waters throughout the project boundary (which was required as part of the NOV response). The remedial actions presented in the response have been found satisfactory and are approved. As stated in the document, areas still to be disturbed will have protection of the 25 foot Trout buffer along identified surface waters. Disturbed areas will be restored to their condition prior to disturbance. EPA Region IV and ER will present a sampling plan to DWM and DWQ to ensure that the protected, undisturbed areas meet the goal of the overall project with respect to soil remediation. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 j�t// Internet: www,ncwaterquality.org naturally An Equal Opportunity 1 Affirmative Action Employer Messrs.Bornholm and Brinkmeyer Barber Orchard Page 2 The DWQ cannot make recommendations on sediment and erosion control. However, as has been communicated to you previously, DWQ recommends that you keep in contact with the Division of Land Resources and refer to the North Carolina Erosion and Sediment Control Planning and Design Manual for appropriate erosion control at the site. Appropriate erosion control measures are essential to ensure there is no additional sediment loss into surface waters. Activities involved in this approved plan, as well as submittal of the final report, are to be completed within thirty(30) days of this approval letter. If additional time is necessary for plantings, etc. or should you have any questions regarding these matters, please contact Ms. Susan A. Wilson at(828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Surface Water Protection Section, Matt Matthews WBS Compliance and Permits Unit, Katie Merritt ATINT]011er pj yA0 Division of Land Resources, Janet Boyer- ARO Division of Land Resources, Gray Hauser Division of Waste Management,Nile Testerman 1646 Mail Service Center, Raleigh, NC 27609-1646 Aquifer Protection Section, Landon Davidson USACE, Scott Jones Haywood County Planning, Marc Pruett APRVL.Sed Rem Plan.Barber.7 201 Ldoc Wilson, Susan A From: Dave Brinkmeyer[d.brinkmeyer@erllc.com] Sent: Wednesday, July 13, 2011 3:30 PM To: Wilson, Susan A; bornholm.jon@epa.gov Cc: Edwards, Roger; Testerman, Nile; Anna Saylor; Joel Lenk; Hauser, Gray; Boyer, Janet; Dave Mang; Brooks Cooper; Gary Dupert; Mark Ruck Subject: RE: Sed/restoration Plan for Barber Orchard Thanks Susan, I will have the site look into/review NC common practices to see what other engineering controls we could employ to make sure we are mitigating all sediment erosion. We will also consult with Altamont on these items as well. Thanks again. From: Wilson, Susan A jmai Ito:susan.a.wilson@ncdenr.govl Sent: Wednesday, July 13, 2011 2:21 PM To: Dave Brinkmeyer; bornholm.lion@epa.gov Cc: Edwards, Roger; Testerman, Nile; Anna Saylor; Joel Lenk; Hauser, Gray; Boyer, Janet Subject: Sed/restoration Plan for Barber Orchard Dave/Jon— I met with Anna and Joel of Altamont yesterday. I wanted them to go over the plan with me so that I could be clear on the areas that needed clean-up and restoration, as well as the new areas that were delineated. I am fine with the approach they presented. They're going to clarify a few things (based on our discussion and ya'lls discussion with them). As we have discussed before, we'd really like for the 'new' areas that you will be grubbing/clearing to maintain a 25 ft trout undisturbed buffer on both sides of the delineated streams. However, one thing we are struggling with is to ensure that those areas are not contaminated. In discussions with Nile,we'd like for you folks to propose a sampling plan to ensure that project goals are met(and if within that 25 ft buffer—the contaminant levels are too high, we would have to rethink the undisturbed buffer). The other thing that I will likely recommend is that you comply with NC Erosion and Sediment Control Practices (review of that would be outside my purview—so you may want to contact Janet or Gray, copied above). Based on some photos I have seen—there still seems to be some confusion regarding common practices for NC. I'm afraid if appropriate erosion control is not used in the new areas(and maintained in the remediated areas),that you will continue to have sediment leaving the project area and/or getting into surface waters. Thanks, Susan Susan A. Wilson-Susan.A.Wilson@ncdenr.gov North Carolina Dept.of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 1 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. z Wilson, Susan A From: Dave Brinkmeyer[d.brinkmeyer@erllc.com] Sent: Wednesday, July 13, 2011 3:30 PM To: Wilson, Susan A; bornholm.jon@epa.gov Cc: Edwards, Roger; Testerman, Nile; Anna Saylor; Joel Lenk; Hauser, Gray; Boyer, Janet; Dave Mang; Brooks Cooper; Gary Dupert; Mark Ruck Subject: RE: Sed/restoration Plan for Barber Orchard Thanks Susan, I will have the site look into/review NC common practices to see what other engineering controls we could employ to make sure we are mitigating all sediment erosion. We will also consult with Altamont on these items as well. Thanks again. From: Wilson, Susan A [mailto:susan.a.wilson(sDncdenr.govl Sent: Wednesday, July 13, 2011 2:21 PM To: Dave Brinkmeyer; born holm.jon(�bepa.gov Cc: Edwards, Roger; Testerman, Nile; Anna Saylor; Joel Lenk; Hauser, Gray; Boyer, Janet Subject: Sed/restoration Plan for Barber Orchard Dave/Jon— I met with Anna and Joel of Altamont yesterday. I wanted them to go over the plan with me so that I could be clear on the areas that needed clean-up and restoration, as well as the new areas that were delineated. I am fine with the approach they presented. They're going to clarify a few things (based on our discussion and ya'lls discussion with them). As we have discussed before, we'd really like for the 'new' areas that you will be grubbing/clearing to maintain a 25 ft trout undisturbed buffer on both sides of the delineated streams. However, one thing we are struggling with is to ensure that those areas are not contaminated. In discussions with Nile, we'd like for you folks to propose a sampling plan to ensure that project goals are met(and if within that 25 ft buffer—the contaminant levels are too high, we would have to rethink the undisturbed buffer). The other thing that I will likely recommend is that you comply with NC Erosion and Sediment Control Practices (review of that would be outside my purview—so you may want to contact Janet or Gray, copied above). Based on some photos I have seen—there still seems to be some confusion regarding common practices for NC. I'm afraid if appropriate erosion control is not used in the new areas (and maintained in the remediated areas),that you will continue to have sediment leaving the project area and/or getting into surface waters. Thanks, Susan Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 1 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. z I JAI I I /Vo Air nl . L Or .N � � a c N i ; ; � _ -�- - - � ' � y � �' j � ' �' �' �� � � I ! ! � ! i NVIR NMENTAL3 INC. _ a • uN G BCC' Y D.R .o :G .E O'-L `p`G:y yfi,S ggg F t h Site Stabilization; Sediment Removal and . . Stream Restoration Plan Barber,;Orchard Superfund Site Waynesville, North Carolina m June 21, 2011 3 J at s�t {ass i Prepared for Environmental Restoration, LLC 1666 Fabick Drive St. Louis, Missouri 63026 Prepared by Altamont Environmental, Inc. 231 Haywood Street i Asheville, NC 28801 • e (828) 281-3350 Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page ii Site Stabilization, Sediment Removal, and Stream Restoration Plan Barber Orchard Superfund Site Waynesville, North ,Carolina June 21, 2011 Joel D. Lenk, P.G. Anna P. Saylor, W.P.I.T. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal Arid Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page iii Table of Contents 1.0 Introduction and Background........................................................................................................1 2.0 Site Stabilization and Stream Restoration Plan ...........................................................................4 2.1 Site Stabilization.............................................................................................................4 2.2 Stream Restoration..........................................................................................................5 2.2.1 Tributary UT 2.....................................................................................................5 2.2.2 Tributary UT 3...........................................................I..... ...........................6 2.2.3 Tributary UT 5................................................. ....................................................6 2.2.4 Tributary UT 6............................................::..................................:.................... 7 2.2.5 Tributary UT 7.................................. ............................................. 7 3.0 Sediment Removal Plan of Action............. ...... 9 ......................................................... 3.1 Sediment Removal Area 1.1(SA 1.1)..............................................................................9 3.2 Sediment Removal Area 1.2 (SA 1.2)...........................................................................10 3.3 Sediment Removal Area 2 (SA 2).................................................................................10 3.4 Sediment Removal Area 3 (SA 3).............. .............................................................10 3.5 Sediment Removal Area 5.1(SA 5:1)........................:...................................................10 3.6 Sediment Remova'l`Are'w5.2(SA 5.2).::':....:...::.............:::.:..........................................10 3.7 Sediment Removal Area 5'.3'(SA 5.3). . ................................................................10 3.8 Sediment,Removal Area 5.4,(SA 5.4). .... ............................................................10 3.9 Sediment Removal Area',7:1(SA.7). .......................................................................11 4.0 Turbidity Reduction 166hnique....................................................................................................12 5.0 Sediment`Removal Disposal........................................................................................................13 6.0 Proposed Schedule......................................................................................................................14 7.0 References....................................................................................................................................15 Figures 1. Site Location°M„ap 2. Site Detail Map 3. A-G—Cross Sections Appendices •A. North Carolina Department of Environment and Natural Resources, Notice of Violation and Recommendation for Enforcement and Injunctive Relief B. DWQ Steam Identification Forms P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page iv C. Stream Survey Data Sheets D. Representative Site Photographs and Descriptions E. Coconut Coir Matting Specification F. Velocity of Overland Flow Chart G. ECS-1B Slope Matting Specification H. Specification for Temporary Sediment Trap P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration PIan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 1 1.0 Introduction and Background The Barber Orchard site is located in Haywood County, North Carolina,three miles west of Waynesville (Figure 1). According to the United States Environmental Protection Act,the former orchard consisted of approximately 438 acres and was used to grow apples from 1908 to 1988, at which time the bank that was holding the loan foreclosed on the owners of the orchard. In 1988,the bank began selling tracks of the land in various sizes. At the present time,some of the property is being used for agricultural production, commercial, cultural (i.e., churches), and light industrial purposes. The remainder.is undeveloped, and it is anticipated that the majority of the undeveloped property will eventually be developed as residential property. In early 1999,the Haywood County Health Department sampled a concerned resident's potable well. Pesticides were detected, which prompted a larger sampling effort by the State of North Carolina. The results were forwarded to the United States Environmental Protection Agency(EPA),which initiated a removal action that began in October 1999 and was completed in August 2000 (EPA). A subsequent phase rrnediation is eu°rrently along place 'ndsln Dives soil'remo a and reined"iatior he EPA Region 4 Superfund Division has taken responsibility';for removing and remediating contaminated soils at the Bar er Orc and site. Environmental Restor do , LLC(ER) has been contracted by the EPA to r-move c�ta:rr-���rrated' ails a�re�r an app�rex�irna ely�.2f�- cre area wit'��i�-'�h., pr:�j�ta�r�ea Barber Orchard is located in the Richland Creek watershed, a sub-basin to the French Broad River watershed. At Irsve,n�arntrrrediiest1eh"Ia-'lic�TCreefi' pee• 1a1iti�ttthral, a-n,d,1w1eti - d components exist it in. t leap je items Perennial streams within and downstream of the project are classi ied by the orth Carolina Department of Environment and"Natural Resources (DENR), Division of Water Quality(DWQ) as Class C Trout Streams. The DENR, Land Quality Section protects a minimum 25-foot trout buffer along classified trout"streams. . In some locations within the project area,'soil excavation and removal activities have impacted the trout buffer, wetlands, springs, and,tributaries to Richland Creek. These impacts were described in a Notice of Violation and Recommendation for Enforcement and Injunctive Relief(NOV) issued by the DENR, Surface Water Protection Section dated.April 26,2011,(Appendix A)for the Barber Orchard Superfund Site. The NOV was issued to Mr.Jon BornholrnRemedial Project Manager;'EPA Region 4 Superfund Division and Mr. David A. Brinkmeyer, CHMM,,VP-Governrrient`,Contracts, Environmental Restoration, LLC. The NOV was issued for fhe following Stream Standard Violations. I. 0th�er Waste(in=stream sediniont) 15A North Carolina-,Administrative Code(NCAC)02B .0211(3)f An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by sediment deposition resulting in a stream standard violation. II. Removal of Best Usage-15A NCAC 026 .0211(2) An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by excavating stream,channels resulting in stream standard violations. III. Wetland Standards- 15A NCAC 026 .0231(b) An undetermined amount of potential wetlands have been impacted from fill material and other disturbances. Wetlands at the site drain to Richland Creek. The referenced NOV indicated a Response Deadline of May 16, 2011. Altamont Environmental, Inc. (Altamont)was contracted by ER on May 20, 2011 to address violations outlined in the NOV. Between the dates of May 26, 2001 and June 3, 2001,Altamont conducted field work within and downstream of the .t project area. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 2 Altamont field work included the following: • Verification and of all United States Geological Society(USGS) "blue line streams" within the project area • Identification of discrepancies between USGS and Federal Emergency Management Agency(FEMA) stream data and actual site conditions, and identification of additional streams within the project a rea • Identification and delineation of Perennial, Intermittent, and Ephemeral streams (Figure 2) within the project area using DWQ Steam Identification Forms (Appendix B) • Identification of areas where the trout buffer alongside tributaries to Richland Creek has been apparently impacted by remedial activities taking place within the project area (Figure 2) • Identification of areas where sediment, resulting from remedial activities, has apparently impacted and accumulated in tributaries to Richland Creek and can:,be readily removed,.without further impacts to streams and buffers (Rig-B ')- • Survey of cross-sections in areas both impacted and non-impacted by remedial activities within the project area (Figures 2 and 3a-g) • Stream Survey Data Sheet that relates cross-sectional data to Rosgen stream classification (Appendix C) • 'Photograph representative areas of the project area,tributaries, stream buffers, and-fbmedial activities that have apparently caused or are causing impacts to buffers and streams at the site (Appendix D) Field work described above was completed by walking, where passable, and collecting the above-referenced data along the length of each tributary within the project area. Some areas where extremely dense vegetation exists within the Trout Buffer and where the;stream and buffer appeared to be in stable condition were not observed in orderto avoid impactscaused during field work. Identification, delineation, and data collection described above was completed using a sub-footaccurate Global Positioning System (GPS) unit, digital camera, reference books,field note books,field maps, DWQ Stream Identification forms, and various measuring tapes. ' While conducting er s�ea,�r�ch prior t,o�fieIId r•,k,Eandtwfaile conciuctin.g field work itse,bf,Aita' on reeogn ed tip t the s`t as beenTsigbifl' n�tly Impacted from Its natural conditio by 1a d clearing and' and se also 'i ted Ith t�e "p de orchard, 01s, ri r Gently byonsCruetion of residentla,li homes„E.ul. cep tsar dliia�9utrl1 pa:pere" as dcl=iediab . These uses have impacted the trout uffer and tributaries in many locations within the project area by associated grading, continued mowing, installation of culverts, road building, and apparent stream realignment. Altamont's assessment of the project area focused on impacts that are apparently the result of the recent remedial activities that have and are currently taking place at the site. Post production of data collected in the field included Analysis of: field notes, field maps GPS tracks, and waypoints, DWQ Stream Identification Forms. These tasks led to the following deliverables: • Presentation of stream cross-section and Stream Survey Data Sheet with Rosgen stream classifications • Development of a plan to stabilize areas disturbed by remedial activities at the site that are impacting or have the potential to impact trout buffers and tributaries to Richland Creek TLhlsypJar ivacIL des<ir�p-g—ot25'vold nce mea Ures o remedla work that has yet to take place. • Development of Site Stabilization and Stream Restoration Plan (Section 2.0) P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 3 • Development of a Sediment Removal Plan for sediment impacts to streams resulting from recent remedial activities taking place at the site (Section 3.0) y P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 4 2.0 Site Stabilization and Stream Restoration Plan If a .JF d'i en n erosien eontro plan as been develop d for the rentedia aetivl:tl° akingl'acat `i �Sa h .r ee and iCe I.tarraa�it cti� men s� the pl'eT1�f e pYo aided to the 17EN^I , Laft e7ualitTjSectiiQnr sow, tat L-andIn �Qua,lity staff rnay�d�terg Ine e a equa yc o�the�pandSlts abilityo limit potentiaLi.11.pac�•ts to; the--trout=b-ifferand=�rlbutaTr es. Production of a formal Sediment and Erosion Control Plan for this project by Altamont is beyond Altamont's current scope of work for this project. Altamont does however, make the following recommendations, based on field work and site observations, in order to facilitate stabilization of areas where remedial activities have taken place and are resulting, or appear to have the potential to result in impacts to streams and buffers at the site. 2.1 Site Stabilization In general, slope matti .hou.ld be pieced�an�d sturbedgslopesy2H�1U�G 1:1 seater or�whenzthere is�ver�tical ,refs- o ode than.--�0_fe6t Disturbed areas outside.the 25-foot buffer that do not meet the requirements in the preceding s ence should, at a minimum, be seeded with a seed mix comparable to Ernst Conservation Seeds (httr)://www.err stseed.com/) "good value mine seed mix" ENRMX-103 (htto://www.ernstseed.com/seed-mix/?category-id=152), fertilized based on agronomic samples if available, and mulched with straw. M^ ? Sediment fences should be removed from re`a ii� tloaobu fe' f=thst"reama:n, talat the-25=fo©tb'uffer bounda_y per:thexspecl Icatiar) n e-North oGarolina Erosion and Sediment Control Ran ano'De g Manua(5 PD)"of` ednent fence. In areas where sediment fences are currently installed across streams, buffers, and wetlands, accumulated sediments should be removed and reinstalled outside of the 25-foot buffer. - Removed sediments shall be containerized and transported to an area of"the site where they may be temp a ilygpfiaced d testedryfdi`the existencoF�pestiaidds!�wbrcr e , nd he primary corn arr}Ia fi the axe�xe n nalyzed For In onjun tlon lth l�.Air e rkKa-4�th ,zsit.e. I contaminant concentrations are found to be below EPA action levels for the removal of impacted soils at the site, removed sediments will be spread in a relatively level, upland location, away from surface water bodies, and will immediately e stabilized by seeding with ENRMX-103 seed mix or an equivalent,fertilized, and mulched with straw If soil �) testing reveals that primary contaminant concentrations are found to be above EPA action levels for soil at the site, removed sediments will be containerized with other impacted soils being removed as part of EPA remedial activities at the site and disposed of properly by ER per EPA guidelines. Disturbed area with the 25-foot trout buffer will be seeded with a riparian seed ml comparable to Ernst "riparian buffer mix" ERNMX-178 (http://www.ernstseed.com/seed-mix/?category-id=57) at an application rate of 15 pounds per acre and a nursery crop of annual grain appropriate for the season at a rate of 10 pounds per acre. Seeded areas should then be fertilized, mulched with straw, and matted with 600-gram- per-square-meter coconut coir matting installed per the specification included in Appendix E. Per email correspondence received by Ms. Susan Wilson of DWQ on June 17, 2011, prior to disturbance of� additional stream buffers the DWQ requests that 25-foot buffers be flagged over the remainder of the site. Commonly, an engineer will perform calculations of runoff velocities for slopes using a chart similar to that included in Appendix F. If velocities exceed two feet per second (ft/sec) over bare earth during a two-year storm,then matting is typically specified for the slope. Based upon the flow depth and velocity, the engineer will then match the matting strength to the shear stress exerted by the runoff. Under sheet flow conditions, shear stresses are typically low. The quality of fine grading is very important where sheet flow is anticipated. Stormwater will typically create a gulley if the slope is uneven in one spot resulting in concentrated flow with the potential to transport sediment to streams and buffers. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 5 Under a low shear stress environment,Altamont recommends the following two options for slope stabilization: 1. Straw or excelsior(wood shavings) blanket (We recommend a biodegradable,single-net blanket for normal sheet flow such as the "ECS-113" [see Appendix G].) 2. Flexible Growth Medium (FGM) applied using hydroseeding techniques http://www.acfenvironmental.com/PDFs/FGM/Flexterra FGM Intro 1spp.pdf Altamont has scheduled a tour of the site with members of ER and the EPA on Wednesday June 22, 2011 to discuss the installation of recommended product described above and stabilization measures described below. 2.2 Stream Restoration Seven unnamed tributaries within the Barber Orch d site genejhdegji ig, delineated and l su ey specific representative cross-sections Thetr b tarles vuathn th projec rea ar °First order and seecdo na t- o m nyrofiw,hbg rn itey6rjj`ustwupstrena fY e paj c area DIneatted . perennial, intermittent, and ephemeral areas of identified streams are shown on Figure 2. Tributaries were broken up and labeled from west to east and designated as UT 1 through UT 7 (Figure 2). UT 1 is a second-order stream and its tributaries were designated as 1a and 1b with its westernmost tributary being la. UT 7 is a second order stream and its tributaries were designated as 7a through 7e with its westernmost tributary being 7a. Based on Altamont's assessment of the seven tributaries to Richland Creek, stabilization and restoration measures are needed on all tributaries with the exception of tributar,ies.UT 1 and UT 4. Stabilization and restoration areas are referred to.as RA`in Figure 2 an,d,„are;n'umbered according to which tributary they are located on. Representative site photographs and descriptions referenced below may be found in Appendix D. Stabilization and Restoration measures can be overseen by Altamont staff experienced in sediment and erosion control and stream restoration construction oversight if necessary. 2.2.1 Tributary UT 2 2.2.1.1 RA 2 At least one area is in need of stabilization along tributary UT 2. This is an area where ER completed work on either end.of a culvert that passes beneath the railroad line that that bisects the site near ER's Soil Remediatio'n Tracts (SRT) 10, 6,and 4 (Figure 2). Apparently,this area was cleared and grubbed, and riprap was placed on the slopes of the railroad line. Below where the riprap was placed adjacent to UT 2 are steeply sloping.�ar'eas of non-vegetated disturbed soil where sediment is being carried by gravity and stormwater into the tributary(Photos 19, 20, and 21). Sediment fence should be installed along the down slope boundary between disturbed and non-disturbed areas and along the tributary approximately two feet from the edge of water in the tributary in general accordance with the most recent addition of the ESCPDM and such that sed:i�ment laden ttomwater cannot enter t e st eam. This't n exceptiet�f:he`"`�"gen�cai_i�� re uirement to remove sediment fence from stream bu ers. Subsequent to installation of the sediment fence, all disturbed areas in this vicinity should be hydro-seeded using the FGM and riparian seed mix(ERNMX-178) along with a nursery crop of annual grain appropriate for the season at application rates referenced above. An erosion control seed mix comparable to ENRMX-103 can be used on areas outside the 25-foot buffer and can also to be applied via hydroseeding with FGM. The nursery crop of annual grain is not needed when applying ENRMX-103. It is recommended to first spray the P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 6 seed mixes down with water,then spray the FGM in a second,application over the seed., This will help to promote better seed-to-soil contact and will prevent the seed from getting trapped in the FGM slurry. An unstable, non-vegetated, rapidly eroding ditch was observed in the pasture west of Myers Lane in the ephemeral portion of UT 2 (Photo 26). It is unclear whether the formation of this ditch was the result of remedial activities that may or may not have taken place on SRT's 10 and 6. If remedial activities have taken place on these SRTs and DENR requires that the ditch be stabilized, Altamont can provide a restoration approach for this area at a later date. 2.2.2 Tributary UT 3 2.2.2.1 RA 3 Similar to area RA 2 on UT 2 discussed above, RA 3 is the area where UT'3 passes beneath the railroad in need of the similar stabilization techniques (Photos 29 and 30). Please refer to techniques described in the first paragraph of Section 2.1 to address stabilization of area RA 3. 2.2.3 Tributary UT 5 2.2.3.1 RA 5.1 Stabilization in area RA 5.1 where UT 5 passes beneath the railroad should be address in the same manner as described for areas RA 2 and RA 3 (Photo 2.2.3.2 RA 5.2 A large non-stabilized slope exists immediately east and upslope•of Tributary UT 5 across from Myers Lane adjacent to RA 5.2 (Photo 38). This slope shall be stabilized using a seed mix ENRMX-103 and installing slope matting comparable to ECS-113 (Appendix G). Sediment fence within the 25-foot buffer shall be removed and reinstalled outside the 25-foot buffer. Disturbed areas within the 25-foot buffer will be seeded with a riparian seed mix comparable to seed mix ERNMX-178 at an application rate of 15 pounds per acre and a nursery crop of annual grain appropriate for the season at a rate of 10 pounds per acre. Seeded areas should then be fertilized, mulched with straw, and matted with 600-gram-per-square-meter coconut coir matting installed per the specification included in Appendix E. The widened)road constructed uphill°from RA 5.2 as shown in Photo 40 needs the installation of gravel to stabilize existing soil to prevent sediment.runoff from occurring in RA 5.2. The area designated as RA 5.2.in Photo 38, is in need of buffer enhancement. Sediment fences should be removed from areas within 25 feet of the stream and be reinstalled at the 25-foot buffer boundary per the specification,in the ESCPDM for sediment fence. In areas where sediment fences are currently installed across streams, buffers, and wetlands, accumulated sediments should be removed and reinstalled outside of the 25-foot buffer. Disturbed area within the 25-foot buffer will be seeded with a riparian seed mix comparable to Ernst riparian seed mix ERNMX-178 (httr)://www.ernstseed.com/seed-mix/?category-id=57) at an application rate of 15 pounds per acre and a nursery crop of annual grain appropriate for the season at a rate of 10 pounds per acre. Seeded areas should then be fertilized, mulched with straw, and matted with 600-gram-per-square-meter coconut coir matting installed per the specification included in Appendix E. 2.2.3.3 RA 5.3 A large non-stabilized slope exists immediately east and upslope of Tributary 5 at RA 5.3 as shown in Photos 43 and 44 and should be stabilized in the same manner as described in the first paragraph for area RA 5.2. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 7 Two sediment traps need to be installed in RA 5.3 designated at SA 5.1 and S 12 as shown in Photos 45, 46, 47, and 48. The se9'menfi firap r�ediliiasalild per guidelines fo nd in the ESOP'[ M �pendix Hia *Both traps should have-the fo11 -w.i.ngiapproximate4drmenslons=based'-on their disfurbed watershed areas ,- ,,two=foot depth;60=f6otzlength—and 30-fo`ot"wld-U Sediment traps should be oriented such that their long 1p axis is oriented parallel to flow entering the basin. Prior to construction of the temporary sediment traps, sediment fences in this area should be cleaned out where sediment has accumulate to an elevation greater than half the height of the fence. Sections of fence that are allowing sediment to flow past should be reinstalled per the specification found in the referenced ESCPDM. Sediment fences should be extended to sediment traps such that stormwater may not flow between the trap and the fence and into UT 5. Sediment traps shall be maintained per ESCPDM guidance or at more frequent intervals. 2.2.3.4 RA 5.4 A e sadmfi gm n r e denslo sasspeclf specified or areas SA5 e e, sign tad7as=SA=5-32sho'J wn In Photo 5�ifh- 1 and SA 5.2. IMitallation of sediments traps should be in accordance with the ESCPDM. A culvert that conveys UT 5 stream flow in the area designated SA 5.4 has likely been crushed by heavy machinery associated with remedial activities (Photos 59'and 60). The access route should be,seeded with ENRMX-178 within the 25-foot buffer and ENRMX-103 outside the buffer,'fertilized, and mulched with straw. 2.2.4 Tributary UT 6 2.2.4.1 RA 6 The area designated as RA 6 requires buffer enhancement within the 25-foot buffer(Photo 66 and 67) in the same manner as described in the third,paragraph for.RA 5 2:'Per Altamont's correspondence with ER,the wetland area on UT 6 shown in Ph&6 65.has alreadyibeen"restored by.ER. 2.2.5 Tributary UT 7 2.2.5.1 RA 7.1 A large non-stabilized slope adjacent to RA 7.1 as shown-in Photos 69 and 72 should be stabilized in the similar manner as described in the first paragraph for RA 5.2 (Photos 66 and 67). At the area designated as RA 7,1: 1.. Reinstall sediment fence at the 25-foot buffer 2. Remove from behind silt fences that cross the channel 3. Centralize the stream channel through minor grading 4. Buffer creation within the 25-foot area closest to the stream through seeding with ENRMX-178, fertilizing, mulching with`,straw, and installation of 600 weight coir matting. 2.2.5.2 RA 7.2 A large non-stabilized slope adjacent to RA 7.2 as shown in Photos 73 and 75 should be stabilized with slope matting in the same manner as described in the first paragraph for RA 5.2. The area designated as RA 7.2 requires channel grading,sediment removal, and buffer enhancement within the 25-foot buffer(Photos 73 and 75) in a similar manner as described for area 7.1 above. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 8 2.2.5.3 RA 7.3 The area designated as RA 7.3 requires that sediment fences be reinstalled at the buffer boundary and that the buffer be enhanced (Photo 77) in the same manner as described in the third paragraph for RA 5.2. .rp. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Pian\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 9 3.0 Sediment Removal Plan of Action A onthas been contracted to observe a d di.rect sediment removal activities such th ,to the exten pose, ram, _ c� afifural upd=are-d sed[,:ents ar-e removed, �m c s tMe ,h'e StreaM, a, re mat,�r*,,mIgo, . n0Ai,m .aop avold:ance measure are in placeand uvo'rkingsaseffectirely�d'uring r me ovlaa:ctivitie_s,® Soil remediation activities conducted by ER at the Barber Orchard site have caused sediment impacts to tributaries on-site. The limits of sediment deposits identified in this plan are approximate. It shall be the responsibility of the persons conducting sediment removal activities and Altamont if observing the removal, to remove all unnatural sediment within the limits shown. Sediment that is removed from the stream and flood plain areas will be stabilized in accordance with this plan as described in Section 2.0. All soil removal will stop when native soils and channel material are encountered. Reshaping or stabilizing the existing stream banks is considered beyond the scope of this task. All stream banks along sediment removal reaches of stream are to remain undisturbed unless specified otherwise above and in Figure 2. Root wads, branches,stones, and cobbles provide friction within the stream channel to dissipate the energy of flowing water..All such elements are to remain within the stream channel. Under no circumstances are existing roots to A.-Cut and-removed from the stream. Deeper pools naturally occur in the outer bends of stream beds: Care,is to be taken to ensure that all sediment is removed from these features. The straighter riffle si6ctions of the stream are naturally shallower than the bends. The depth of both natural and,unnatural sediment,in.these locations will vary. The persons conducting sediment removal activities are not,to'"assume that a uniform depth of soil can be removed from the stream bed. Altamont will assist with identificption of unnatural sediment identification during sediment rerrMal. Where practical,the transport of all removed sediment is to take place on a single side of the stream in order to minimize disturbance to the streambanks and buffer. Care will.,be taken to impact the stream channel and bank to the minimum extent possible. Ifstreambanks are disturbed by sediment removal,they will be stabilized using a riparian seed mix complete with nursery crop of annual grain and mulch, and matted with coir if necessary. The"sediment will be containerized and transported to an area of the site where it may be temporarily placed and tested for the existence of pesticides, herbicides,,and other primary contaminants that are being tested. for in conjunction with remedial w6rk''at the site. If contaminants are found to be below EPA action levels for removal of impacted soils at the siferemoved sediments will be spread in a relatively level upland location away from°surface waters and immediately stabilized by seeding with ENRMX-103 or an equivalent, fertilizing;and mulching with straw. If soil,testing reveals that primary contaminants are found above EPA action level for soil at the site, removed sediments will be containerized with other impacted soils being removed as part of remedial activities at the siteand disposed of properly by ER and the EPA. 3.1 Sediment Removal,Area 1.1 (SA 1.1) Du o the ccesslbldll ri rr"e trey at thl flonit+ sed'i'rne w3,1 i"np�ved u irig a aeuum tf r ,r fl d�rlue ib,i uest of Sediment originating from the soil remediation activities is brown, silty, clayey sand with gravel, and has no vegetation growing within the recently deposited sediment. The volume of sediment located at SA 1.1 is approximately 0.5 cubic yards and can be seen in the attached Photos 3 and 4. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 10 3.2 Sediment Removal Area 1.2 (SA 1.2) Due o the accessibility of the stream and pond at-this`location, the sediment will "MMOV d Sir g a v um truelz fry a ber l dill l riwe th'e e �: UT v Sediment originating from the soil remediation activities in this loCa-tion-is-red-dish brown, clayey silty sand. The volume of sediment located at SA 1.2 is approximately 31 cubic yards and can be seen in the attached Photo 13. 3.3 Sediment Removal Area 2 (SA 2) Due to the inaccessibility of the stream at this location,the 56ment will bea(Frie-rnovedEKiyifarrdtusing hand tool such as shovels and buckets. Sediment originating from the soil remediation activities in this location is brown, silty, clayey sand with gravel. The volume of sediment located afSA 2 is approximately 0.5 cubic yards and can be seen in the attached Photo 21. 3.4 Sediment Removal Area 3 (SA 3) Due to the inaccessibility of the stream at this location,the sediment b h'a T Sediment originating from the soil remediation activities in this location.is reddish brown, clayey silt. The volume of sediment located at SA 3 is approximately 0.5 cubic yards and can be seen in the attached Photo 29. 3.5 Sediment Removal Area 5.1 (SA 5.1) Due to the accessibility of the stream at this location,the fro' So r KpJe Lake a fh:e nar�th o. TSediment sedlMw� Isinga vcuum tr uc. eoorigin mhe s remediation actaivi iesint s location is reddish brown, clayey, silty sand. The volume of sediment located at SA 5.1 is approximately five cubic yards and can be seen in theattached Photos 45 and 46. 3.6 Sediment Removal Area 5.2 (SA 5.2) Due to the accessibility of the stream at this location,the�s`dii_ IwlLhbeT ;ved usingavac�ul rucl f ro rLn LS-ed;ftne,ediatian T actk28,!*Sediment originating from the soil remediation activities in this location is brown, clayey, sandy silt. The volume of sediment located at SA 5.2 is approximately five cubic yards and can be seen in the attached Photos 47 and 48. 3.7 Sediment Removal Area 5.3 (SA 5.3) Due to the accessibility of the stream at this location,thew dlii en+tlw'd r.cru'Vd usin a vac'�"uum�trTur-okeaw fro Sediment originating from the soil remediation activities in this location is light brown, silty sand. The volume of sediment located at SA 5.3 is approximately seven cubic yards and can be seen in the attached Photo 57. 3.8 Sediment Removal Area 5.4 (SA 5.4) }.' Due to the accessibility of the stream at this location,.:he edlimgrllwl'fl®t7,eYre i+ov eltuisivn-g a:,u.u_rrtRtrnuck fro m-'(2AIDR-emleMiation7*TtracU655f Sediment originating from the soil remediation activities in this location is light brown, silty sand. The volume of sediment located at SA 5.4 is approximately 0.5 cubic yards and can be seen in the attached Photo 60. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 11 3.9 Sediment Removal Area 7.1 (SA 7) Due to the accessibility of the stream at this location,tb;e sad', en,ntt with b- removed usinnnii xv,acuum truck fr rinymit--�Dr ve. Sediment originating from the soil remediation activities in this location is,lig t brown, silty sand The�olume of sediment located at SA 7 is approximately 1.5 cubic yards and can be seen in the attached Photo 72. F ' P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx r Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 12 4.0 Turbidity Reduction Technique Site stabilization is very important in turbidity reduction for the entire site. Please refer to the site stabilization guidelines in Section 2.0 of this plan. Efforts to reduce turbidity will be implemented by conducting sediment removal work during dry weather periods and during base flow conditions or lower. Sediment removal work will be conducted from the streambank minimizing disturbance to the stream as much as possible. Sediment removal work will be conducted from upstream to downstream. Addirnal,l.�jbay b'aales{wil'I�k3� e �po�a=r-linl�: tlljiut %do��nstr rn of el eva tact[ iti:s o c ate�f�": in e ,#a t� area�ffr,?Natternp nt�t�arbld_ty � � st .h.da dj�* c dances AccumuOated sediment will be removed from`these areas using.eiTfi by=haand a va�cuurnckzbef_o.re�hay�balesyare'removed - �- P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 13 5.0 Sediment Removal Disposal The sedimen edrtp An[agealofitrhe slte vd ere they It b temporarily p.lacPd a este f_ he ,Xristenc of .estrcld h r�bi e'"�"an tl e' r"prur ae oc ntalrilir�al is th :tare being tes6ed o r rtJuncr Ion with�rcemedrad=•work-7a—t-"CheTs-it—e*lf contaminants are found to be below EPA action levels for removal of impacted soils at the site, removed sediments will be spread in a relatively level upland location away from surface waters and immediately stabilized by seeding with ENRMX-103 or an equivalent, fertilizing, and mulching with straw. If soil testing reveals that primary contaminants are found above EPA action level for soil at the site, removed sediments will be containerized with other impacted soils being removed as part of remedial activities at the site and disposed of properly by ER and the EPA. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 14 6.0 Proposed Schedule Site stabilization, stream restoration, and sediment removal activities will commence within one week of receiving approval from the DWQ. P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx Sediment Removal and Stream Restoration Plan June 21, 2011 Barber Orchard Page 15 7.0 References United States Environmental Protection Act, 2000. httr)://www.er)a.gov/region4/waste/ni)l/ni)lnc/barbernc.htm P:\Environmental Restoration LLC\Barber Orchard\Sediment Removal And Stream Restoration Plan\Sediment Removal And Stream Restoration Plan.Docx rg T f � two xs 8 t ! � ? Vk 1 ,g f rro NM1t41 % 4 s ¢ ;ey a w � tnir .1 Am, fV �' of l _ _-7' § 'P`� t r i r. w".`{' "Y(v r 4' .:. f �00 oe - r try w aAI .r ZOO a ✓ r 1x n �� S ' sip, x CD z JAR x c;p x e . r x a F ova !A iT ,•' # - 7Eb - � -.,i y not 1^ty� « r_ 4ro .✓ .faun �T LL 's s IT AV Te xr- p A i FA V 2 t�°tr, _� e { ✓� .a §� �Y -ra =y y '. .� � s�' :' A.� � �v4'"Jil:f;k 'r�r�,j"� t,f,��` y,r � .', f'i`�x� ;-' p P`•x: 'r�'�d" .'�,. 00"W 083°04'30.00"W 0`83°04'00.00"W 083°03'30.00"W 083°03'00.00.1 W 083°0: Iv CQ co co o `o _ o I � t� ( l Outside proj boun ary y o co 1 �� f 1^ti I . {• Apple Hill Rd CO ` o Project boundal at J Apple H II —asva ' 9``��`✓' 8� C� Rd. 3 O �, . O In Gravel area nrCIO O - Sp011S pile \. ,n�a::d' 3 .^ nc i/ . , co !..J J vJ. ,y� •o� Boa ,q b� a _.•f Granny ° • F � � :�I° v. o v�� .� V c, .I :._ Smith Rd �q r--'•,e o � Z O O j. `_..It �� _ !! O pg i;ni% •'i -U.O Ov' - .c� co ZD J�� J 0 CD J�) ( ID Cl) 1 a C '/ r � f� f�f to O O r lly 4L _J - 00"W 083-04'30.00"W 083°04'00.00"W 083°03'30.00'W 083-03'00.00"W 083'0. SCALE 1:24000 0 1000 2000 3000 4000 5000 6000 700 FEET Wilson, Susan A From: Wilson, Susan A Sent: Thursday, June 16, 2011 9:25 AM To: 'Dave Brinkmeyer'; 'bornholm.jon@epa.gov' Cc: 'Dave Mang'; 'Brooks Cooper'; 'Amanda Pashea'; Edwards, Roger; 'Marc Pruett' Subject: RE: Barber Orchard Update Dave/Jon— I wanted to let you guys know that we have received another complaint regarding loss of sediment from Barber Orchard. This may require some additional evaluation on the part of your consultant, so that is something you need to keep in mind (I don't know because I haven't seen the plan for sediment removal yet). The faster you guys can submit us a plan for approval—the better. DWQ has been very patient to this point—but we would very much like to see a plan this week (you're now approaching your requested extension deadline—I think as of today). Thanks, Susan - Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resourci Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway - its c" Swannanoa, NC 28778 '!w" - ti Tel: 828-296-4500 Fax: 828-299-7043 �L, ®� rVr` �,.. ' Notice: E-mail correspondence to and from this address m therefore may be disclosed to third parties. (1ss ! S; From: Wilson, Susan A 5pf' �5 &"LI� Sent: Tuesday, June 07, 2011 10:59 AM r To: 'Dave Brinkmeyer'; bornholm.jon@epa.gov -- - - - -- 16t� - Cc: Dave Mang; Brooks Cooper; Amanda Pashea Subject: RE: Barber Orchard Update Thanks for keeping me posted —the sooner the better(although I have driven by on my way to other field sites and took note of all the work you guys have done re. stabilization). Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 1 +' r l Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Dave Brinkmeyer [mailto:d.brinkmeyer@erllc.coml Sent: Tuesday, June 07, 2011 10:37 AM To: bornholm.jon@epa.gov; Wilson, Susan A Cc: Dave Mang; Brooks Cooper; Amanda Pashea Subject: FW: Barber Orchard Update Update—Altamont is working on Plans this week From: Anna Saylor jmailto:Anna@altamontenvironmental.com] Sent: Tuesday, June 07, 2011 7:43 AM To: Dave Brinkmeyer Subject: RE: Barber Orchard Update David, We completed our field work on Friday,June 3, 2011. We are working on the Plan this week. Thank you, Anna From: Dave Brinkmeyer [mailto:d.brinkmever@erllc.coml Sent: Wednesday,June 01, 20114:35 PM To: susan.a.wilson@ncdenr.Bov Cc: roger.edwards@ncdenr.Bov; bornholm.jon@epa.Bov; Anna Saylor; Dave Mang; nile.testerman@ncdenr.Bov; Will.Smith@usace.army.mil; Amanda Pashea Subject: Barber Orchard Update Hi Susan Just to give you a brief update on Barber Orchard; Altamont started the assessment last week, 5/26, but got rained out on 5/27, so they were to finish up this week weather permitting. Anna Saylor with Altamont told me should have plans, etc in a week or so once assessment is complete. Anna said she will forward you a set of plans for NCDENR approval as well as to the USACE for their concurrence. Please feel free to contact me with any questions. Thank You. David A. Brinkmeyer, CHMM Vice President Government Contracts Environmental Restoration LLC 636-680-2407 [direct] 636-680-2457 [direct fax] 636-448-1298 [cell] d.brinkmever@erllc.com Confidentiality Warning:This e-mail and any attachments contain information intended only for the use of the individual or entity named above. If the reader of this e-mail is not the intended recipient or the employee or agent responsible for 2 delivering it to the intended recipient, any dissemination, publication or copying of this e-mail is strictly prohibited.The sender does not accept any responsibility for any loss, disruption or damage to your data or computer system that may occur while using data contained in, or transmitted with,this e-mail. If you have received this e-mail in error, please immediately notify by return e-mail.Thank you Confidentiality Warning: This e-mail and any attachments contain information intended only for the use of the individual or entity named above. If the reader of this e-mail is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, any dissemination, publication or copying of this e-mail is strictly prohibited. The sender does not accept any responsibility for any loss, disruption or damage to your data or computer system that may occur while using data contained in, or transmitted with, this e-mail. If you have received this e-mail in error, please immediately notify by return e-mail. Thank you 3 J�,�ieo'sr rF� UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 10 �! SAM NUNN ATLANTA FEDERAL CENTER 61 Forsyth Street, S.W. �4 PRO-V, Atlanta, Georgia 30303-3104 May 16, 2011 4SF-SRSEB Ms. Susan A. Wilson Division of Water Quality North Carolina Department of Environment and Natural Resources 2090 US Highway 70 Swannanoa,North Carolina 28778 SUBJ: Response to NOV-2011-SS-0009 for the Barber Orchard Superfund Site in Waynesville, Haywood County,North Carolina Dear Mr. Edwards: This correspondence is in response to North Carolina Department of Environment and Natural Resources (NCDENR)Notice of Violation (NOV) 2011-SS-009, dated April 26, 2011, regarding sediment erosion in surface waters at the Barber Orchard Superfund Site (Site) located in Waynesville, Haywood county,North Carolina. A copy of this NOV was also sent to and received by Environmental Restoration, LLC. (ER). ER has been tasked by the Environmental Protection Agency (EPA or the Agency), under contract EP-S4-07-04, to implement the soil cleanup at the above referenced Site. The Agency is committed in addressing the violation listed in your April 26 NOV but requests a thirty (30) day extension for submitting the requested plans, the Sediment Removal Plan and the Stream Restoration Plan, as explained below. These plans will provide the information requested. To help prevent/eliminate additional erosion issues at the Site in the future, ER will not be excavating such a large area as the one that lead to the past erosion issues. ER will be staging their work across the larger parcels so that the section initially excavated will be close to being hydro-seeded and covered with straw and erosion control matting before the last section of that parcel is excavated. ER is also developing erosion control figures for each new parcel to be excavated. These.figures include pertinent features of the parcel (topography, streams, etc.) and the location of all erosion control structures. These figures will be shared with the field crews to get their input before excavation is initiated. Prior to receipt of the April 26 NOV,ER at the direction of EPA, contacted a local environmental consultant (Altamont Environmental, Inc.). Altamont Environmental was requested to submit a proposal to provide technical assistance to address the issues mentioned during the April 5, 2011 meeting. ER met with the consultant at the Site on April 6, 2011, to 2 review the issues as well as visually inspect the areas of concern. Altamont Environmental submitted a proposal to ER on April 26, 2011. As part of their effort to prepare their April 26 proposal,Altamont Environmental contacted NCDENR Division of Water Quality (DWQ) at which time DWQ informed Altamont Environmental that no information could be disclosed prior to EPA/ER being notified. Due to the uncertainty of the scope of work to be performed by Altamont Environmental, EPA, ER, and Altamont Environmental concurred that it would not be prudent to contract with Altamont Environmental until after the scope of effort was better defined (i.e., receipt of the letter from NCDENR). Upon receipt of the April 26, 2011 NOV, ER forwarded the NOV to Altamont Environmental for input into the proposal previously requested. Altamont Environmental submitted their proposal on May 10 (enclosed). Altamont Environmental specified it would take two weeks to prepare the two requested plans following their field work at the Site. The additional requested time is for EPA and ER to review these plans and provide feedback to Altamont Environmental. With regard to Item II1. Wetland Standards in the April 26 NOV, ER has recently completed implementing the requested actions recommended by Mr. Tyler Crumbley, Regulatory Specialist, Asheville Regulatory Field Office for the US Army Corps of Engineers. At your request, Mr. Crumbley visited the Site on May 5. Photographs of the completed work were recently forwarded to Mr. Crumbley for his review. As stated above, the Agency will address the identified violations as quickly as feasible. If you have any questions, please feel free to contact me at 1-800-435-9233 (ext 28820) or 404- 562-8820. Sincerely, I TO �L ����' L-- Jon K. Bornholm Remedial Project Manager Enclosure (1) 1. Revised Proposal from Altamont Environmental in Response to NOV-2011-SS-0009 (May 10, 2011) cc: Roger C. Edwards, Regional Supervisor(via email) Nile Testerman,NCDENR(via email) MOM ( E N G I NEE RING- & ,'K y 0 A.o'G E O L O G Y 231 HAYWOOD STREET, ASHEVILLE, NC 28801 TEL.828.281.3350 FAC.828.281.3351 WWW.ALTAMONTKNVlRONMKNTAL.COM Transmitted via email ci.hrir�ktn�;erC�r rllr_cclrn May 10, 2011 Mr. David Brinkmeyer,CHMM Environmental Restoration, LLC 1666 Fabick Drive Saint Louis, Missouri 63026 Subject: Revised Proposal in Response to NOV-2011-SS-0009 Barber Orchard Superfund Site 107 Barber Hill Drive Waynesville, Haywood County, North Carolina Dear Mr. Brinkmeyer, Thank you for providing Altamont Environmental, Inc.(Altamont)the opportunity to submit this revised proposal to assist you with a response to a Notice of Violation (NOV) regarding potential imparts to streams and wetlands at the Barber Orchard site located near Waynesville, North Carolina. This letter contains a Background, Scope of Services,Schedule,and Estimated Costs based on a site visit conducted by Altamont on April 6, 2011 and actions required by the NOV. Background Altamont understands that the Division of Water Quality, Division of Land Quality,and Aquifer Protection Section, of the North Carolina Department of Environment and Natural Resources(DENR)conducted a site visit to Barber Orchard on March 24, 2011 and again on April 5, 2011, Environmental Restoration, LLC(ER) contacted Altamont on April 5, 2011 and Altamont conducted a site visit on April 6, 201.1. An NOV was issued to the United States Environmental Protection Agency and to ER on April 26, 2011 and requires responses for the following specific violations: ® Other Waste(In-stream Sediment)- 15A NCAC 0213.0211 (3)f. An undetermined dumber of feet of unnamed tributaries to Richland Creek were impacted by sediment deposition resulting in a stream standard violation. ® Removal of Best Usage- 15A NCAC 026.021-1. (2). An undetermined number of feet of unnarned tributaries to Richland Creek were impacted by excavating stream channels resulting in stream standard violations. ® Wetland Standards- 15A NCAC 0213.0231(b). An undetermined amount of potential wetlands have been impacted from fill material and other disturbances. Scope of Services The activities proposed below represent Altamont's recommendations for the site based on our,site visit, conversations with ER, arid the referenced NOV. G:\Proposals\Environrner.Ial rtestorabon LLL;\uarner urcilard\barber urChmd Pro Rev i.DucA Mr. David Brinkmeyer May 10, 2011 Page 2 of 4 Phase 1:Stream.Identification, Wetland Delineation, and Assessment of Impacts to Surface Water Altamont will begin this phase of the work by contacting DENR to present them with our intended scope of work and schedule. Additionally,Altamont will attain all appropriate data from the US Army Corps of Engineers(ACE), Federal Emergency Management Agency,and DENR to determine what hydrology has been identified and delineated on site. Altamont will conduct a stream determination at the site to identify existing ephemeral, intermittent, and perennial streams. Additionally,Altamont will delineate wetlands found on site. Finally,Altamont will quantify the volume and extent of sediment impacts to the streams and wetlands on site that have resulted from remedial work taking place at Barber Orchard. Altamont will flag locations of streams and wetlands and will record these locations using a sub-foot accurate GPS unit. Altamont will identify and record evidence of impacts using a digital camera. Altamont will survey the streams and wetlands on site to create a design for the restoration of the impacted reaches of streams and wetlands. Phase 2:Sediment Removal and Stream and Wetland Restoration Plan Altamont will correspond with DENR and ACE to confirm that impacted areas of streams and wetlands are identified. Altamont will calculate an approximate volume of sediment that has impacted streams and wetlands and portray the extent of impacts in a Sediment Removal and Stream and Wetland Restoration Plan (Plan). Altamont will prepare a strategy to remove the sediment from impacted streams and wetlands on-site and downstream of the site,as necessary. Altamont will prepare a design to stabilize impacted streambanks and to repair the riparian buffer to within 25 feet of the stream per trout buffer requirements, which will be included in the Plan. If they exist,the Plan will include restoration of wetlands on site which will be coordinated with the DENR and ACE. The Plan will specify materials necessary to remove sediment, stabilize streambanks, restore the trout buffer,and restore wetlands if necessary. The Plan will include a description for soil testing for primary contaminants to ensure the proper disposal of sediment as specified in the NOV. The Plan will also include a description of how the site will be stabilized short term and long term to prevent further impacts from sediment to water quality. We assume that jurisdictional determinations of streams and wetlands will be required based on language in the NOV. The Plan will be made available to ER for review prior to submittal to regulatory agencies. Once the Plan has been approved by the appropriate agencies,Altamont will schedule, direct,and observe work on the impacted streams. Phase 3:Sediment Removal and Stream and Wetland Restoration Implementation Once the Plan has been.approved by the regulatory agencies,Altamont will begin accepting bids from qualified contractors to implement the Plan. Altamont understands that ER will provide the labor and materials necessary to implement the sediment removal portion of the Plan. Altamont will provide the Plan to eligible and qualified contractors and receive cost estimates to implement the streambank stabilization;trout buffer restoration,and wetland restoration work. However, if ER would like to provide the necessary labor and materials for this portion of the work, please let us know. Altamont is available to conduct soil testing on removed sediment for primary contaminants if requested. In order to reduce cost;it would be beneficial for ER to provide a location for disposal of sediment removed from the streams and wetlands during the work. G:\Proposals\Environmental Restoration LLC\Barber Orchard\Barber Urchard Pro Rev 1.Uocx Mr. David Brinkmeyer May 10, 2011 Page 3 of 4 Altamont will conduct construction observation during the Plan implementation phase. Additionally, Altamont will prepare a final report that will be provided to ER for review prior to submittal the regulatory agencies. Schedule Altamont can initiate work on Phase 1 of the project immediately upon receiving written notice to proceed. Signing of our Agreement for Professional Services and Terms and Conditions documents will serve as this notice. Altamont assumes that Phase 1 will require one day of office work and three days of field work. Altamont will prepare a Sediment Removal and Stream and Wetland Restoration Plan (Plan)as described in Phase 2 within two weeks of completion of assessment field work. Altamont will issue an additional proposal for Phase 3 immediately upon completing work for Phase 1 and 2. Estimated Cost The estimated cost to complete the Phase 1 and 2 of the proposed scope of services is Altamont bills on the basis of time and expenses incurred. If necessary time and expenses are less than anticipated,the invoiced amount will be less than estimated. If additional time or expenses are required, Altamont will notify you of these changes as they are recognized. j Completion of Phase 1 of the project in accordance with the estimated budget and schedule is based on the foregoing descriptions and the following assumptions: • If wetlands are not recognized to be impacted on site,this could reduce the cost of the proposed scope of services. ; • Jurisdictional stream and wetland determinations from ACE will be required. • A survey of the streams and wetlands on site is necessary. • ER will supply the labor and materials to remove sediment from impacted streams while Altamont observes these activities to be in accordance with the approved plans. • Altamont will solicit cost estimates from qualified contractors for construction of stream and wetland restoration. • Only minimal correspondence with DENR and ACE and one revision of the Plan will be required. • Altamont is provided access to work areas of the properties on an agreed-upon date without delay. • Utilities will not interfere with the proposed work and that ER is responsible for all utility location associated with this project. • Inclement weather does not delay work progress. G:`Pry;osal�Cnvircnn antal Restorat;on LLO`Barber Orcharu`Barber Mr. David Brinkmeyer May 10, 2011 Page 4 of 4 Thank you for allowing us to provide you with this proposal. Please feel free to call or respond tome with any questions or comments you may have. Sincerely, ONT ENVI MENTAL, INC. Joel Lenk, P.G. Enclosures: Agreement for Professional Services Terms and Conditions GAPrnnosals\Fnvironmental Restoration I.LC\Barber Orchard\Barber Orchard Pro Rev 1.Docx • ENVIRONMENTAL RESTORATION«C 1666 Fabick Drive St. Louis, MO 63026 636-227-7477 FAX 636-227-6447 May 12, 2011 Mr. Roger Edwards " Regional Supervisor .` . n Surface Water Protection �J North Carolina Department of � v D Environment and Natural Resources MAY 1 3 2011 2090 US Highway 70 Swannanoa, North Carolina 28778 WATER QUALITY SECTION Re: Response to NOV-2011-SS-0009/Request for Extension ASHEVILLE REGIONAL OFFICE Dear Mr. Edwards, Environmental Restoration, LLC. (ER) and the United Stated Environmental Protection Agency Region 4 [USEPA] submit the following in response to North Carolina Department of Environment and Natural Resources [NCDENR] Notice of Violation [NOV] 2011-SS-009 dated April 26, 2011 received regarding the Barber Orchard Site[Site]. Prior to receipt of the letter, ER with EPA approval contacted a local environmental consultant, Altamont Environmental, Inc. [Altamont] of Ashville, NC to provide a proposal to address some of the issues mentioned during the meeting held on April 5, 2011. ER met with Altamont at the Site on April 6, 2011 to review the issues as well as visually inspect the areas of concern. ER requested a proposal from Altamont to address the concerns expressed during the April 5th meeting by the NCDENR Division of Water Quality [DWQ] and the Division of Land Resources [DLR]. Altamont contacted DWQ during the week of April 11th to discuss the concerns and gain insight to the issues to be addressed. Altamont was instructed by DWQ that the information could not be disclosed prior to ER/EPA being notified and thus would have to wait for the formal notification. Upon receipt of this NOV dated April 26, 2011, ER forwarded the NOV to Altamont for input into the proposal previously requested. Altamont has stated they can provide the proposal prior to the May 16th deadline, but would require some additional time to complete the Plans and requirements requested in the NOV. Based on this information, ER is requesting an extension to the May 16,response date in order to fully review Altamont's proposal, copy is attached, as well as complete any potential plans and requirements requested. ER, and EPA, have and are willing to implement corrective actions based on the NOV. ER is requesting up to a 30 day extension to the deadline in order to fully meet and ensure compliance with the NOV. ER intends on implementing corrective actions as soon as possible once Plans and/or approvals are received. At this time, in regards to Section III of the NOV, Mr. Tyler Crumbley of the U.S. Army Corps of Engineer [USACE] regulatory program performed a Site inspection on May 5, 2011 and issued Notification of Unauthorized Activity/Permit Noncompliance #SAW 2011-00853, copy attached. During his inspection, Mr. Crumbly identified and agreed upon the remedial actions to be implemented for the wetlands area restoration. On May 10, 2011, ER performed the wetlands restoration items requested in the USACE Notification with a USACE representative present and documenting the corrective actions taken to restore the wetlands area. Further documentation, i.e. photos, can be provided on this restoration if so requested. Providing Quality Emergency Response, Remediation, Environmental Construction, and Temporary Staffing Services. Toll Free 24 Hour Emergency Response 888-814-7477 www.erlic.com As indicated, ER, and EPA, will address the identified issues as quickly as possible once Plans and/or approvals are received, or sooner if so requested by NCDENR. Please feel free to contact me to discuss any questions you may have regarding this request. Sincerely, 6;15- �— David Brinkmeyer Program Manager Environmental Restoration CC.' J. Bornholm, EPA B. Hamel, USACE D. Mangiarcino, ER D. Greaney, ER Attachments [2]-Altamont Proposal -USACE Notification of Unauthorized Activity 6 aNO to H e! R 0 GEC O i 231 HAYWOOD STREET, ASHEVILLF, NC 28801s TFL.828.281.3350 FAC.828.281.3351 WWW.ALTAMONTENVIRONMENTAL.COM Transmitted via email c.brjn6 rne"er y erllc.com May 10, 2011 Mr..David Brinkmeyer,CHMM Environmental Restoration, LLC 1666 Fabick Drive Saint Louis, Missouri 63026 1 I Subject: Revised Proposal in Response to NOV-2011-SS-0009 Barber Orchard Superfund Site 107 Barber Hill Drive Waynesville, Haywood County, North Carolina i Dear Mr. Brinkmeyer, } Thank you for providing Altamont Environmental, Inc. (Altamont)the opportunity to submit this revised proposal to assist you with a response to a Notice of Violation (NOV) regarding potential impacts to streams and wetlands at the Barber Orchard site located near Waynesville, North Carolina. This letter contains a Background, Scope of Services;Schedule, and Estimated Costs based on a site visit conducted by Altamont on April 6,2011 and actions required by the NOV. 1 Background Altamont understands that the Division of Water Quality, Division of Land Quality, and Aquifer Protection Section, of the North Carolina Department of Environment and Natural Resources (DENR) conducted a site visit to Barber Orchard on March 24, 2011 and again on April 5, 2011. Environmental Restoration, LLC(ER) contacted Altamont on April 5, 2011 and Altamont conducted a site visit on April 6, 2011. An NOV was issued to the United States Environmental Protection Agency and to ER on April 26, 2011 and { requires responses for the following specific violations: m Other Waste (In-stream Sediment)- 15A NCAC 02B.0211(3)f. An undetermined number of feet of I unnarned tributaries to Richland Creek were impacted by sediment deposition resulting in a stream standard violation. Removal.of Best Usage- 15A NCAC 02B.0211 (2). An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by excavating stream channels resulting in stream i standard violations. p Wetland Standards- 15A NCAC 02B.0231(b). An undetermined amount of potential wetlands have been impacted from fill material and other disturbances. Scope of Services I The activities proposed below represent Altamont's recommendations for the site based on our site visit, conversations with ER,and the referenced NOV. I G:\Proposals\Environrnend.81 Restoration r.l_C\Barber Orchard\Barber OrOi and Pro Rev J..Doex i I Mr. David Brinkmeyer May 10, 2011 Page 2 of 4 Phase 1:Stream.Identification, Wetland Delineation, and Assessment of Impacts to Surface Water j I Altamont will begin this phase of the work by contacting DENR to present them with our intended scope of work and schedule: Additionally,Altamont will attain all appropriate data from the US Army Corps of Engineers(ACE), Federal Emergency Management Agency, and DENR to determine what hydrology has been identified and delineated on site. Altamont will conduct a stream determination at the site to identify existing ephemeral, intermittent, and perennial streams. Additionally,Altamont will delineate wetlands found on site. j Finally,Altamont will quantify the volume and extent of sediment impacts to the streams and wetlands on site that have resulted from remedial work taking place at Barber Orchard. Altamont will flag locations of streams and wetlands and will record these locations using a sub foot accurate GPS unit. Altamont will identify and record evidence of impacts using a digital camera. Altamont will survey the streams and wetlands on site to create a design for the restoration of the impacted reaches of streams and wetlands. Phase 2:Sediment Removal and Stream and Wetland Restoration Plan Altamont will correspond with DENR and ACE to confirm that impacted areas of streams and wetlands are identified. Altamont will calculate an approximate volume of sediment that has impacted streams and wetlands and portray the extent of impacts in a Sediment Removal and Stream and Wetland Restoration Plan (Plan). Altamont will prepare a strategy to remove the sediment from impacted streams and wetlands on-site and downstream of the site, as necessary. Altamont will prepare a design to stabilize impacted streambanks and to repair the riparian buffer to within 25 feet of the stream per trout buffer requirements, which will be included in the Plan. If they exist,the Plan will include restoration of wetlands on site which will be coordinated with the DENR and ACE. The Plan will specify materials necessary to remove sediment, stabilize streambanks, restore the trout buffer,and restore wetlands if necessary. The Plan will include a description for soil testing for primary contaminants to ensure the proper disposal of sediment as specified in the NOV. The Plan will also include a description of how the site will be stabilized short term and long term to prevent further impacts from sediment to water quality. We assume that jurisdictional determinations of streams and wetlands will be required based on language in the NOV. The Plan will be made available to ER for review prior to submittal to regulatory agencies. Once the Plan has been approved by the appropriate agencies,Altamont will schedule, direct, and observe work on the impacted streams. Phase 3:Sediment Removal and Stream and Wetland Restoration Implementation Once the Plan has been.approved by the regulatory agencies,Altamont will begin accepting bids from qualified contractors to implement the Plan. Altamont understands that ER will provide the labor and materials necessary to implement the sediment removal portion of the Plan. Altamont will provide the Plan to eligible and qualified contractors and receive cost estimates to implement the streambank stabilization;trout buffer restoration, and wetland restoration work. However, if ER would like to provide the necessary labor and materials for this portion of the work, please let us know. Altamont is available•to'conduct soil testing on removed sediment for primary contaminants if requested. In order.to reduce cost;it would be beneficial for ER to provide a location for disposal of sediment removed from the streams and wetlands during the work. G:\Proposals\Environmental Restoration LLE\Barber Orchard\Barber Orchard Pro Rev i.Docx I i Mr. David Brinkmeyer May 10, 2011 Page 3 of 4 Altamont will conduct construction observation during the Plan implementation phase. Additionally, Altamont will prepare a final report that will be provided to ER for review prior to submittal the regulatory agencies. Schedule f Altamont can initiate work on Phase 1 of the.project immediately upon receiving written notice to proceed. Signing of our Agreement for Professional Services and Terms and Conditions documents will serve as this notice. Altamont assumes that Phase 1 will require one day of office work and three days of field work. Altamont will prepare a Sediment Removal and'Streai•n and Wetland Restoration Plan (Plan)as described in Phase 2 within two weeks of completion of assessment field work. Altamont will issue an additional proposal for Phase 3 immediately upon completing work for Phase 1 and 2. Estimated Cost The estimated cost to complete the Phase 1 and 2 of the proposed scope of services is $11,030. Altamont bills on the basis of time and expenses incurred. If necessary time and expenses are less than anticipated,the invoiced amount will be less than estimated. If additional time or expenses are required, Altamont will notify you of these changes as they are.recognized. Completion of Phase 1 of the project in accordance with the estimated budget and schedule is based on the foregoing descriptions and the following assumptions: a If wetlands are not recognized to be impacted on site,this could reduce the cost of the proposed scope of services. • Jurisdictional stream and wetland determinations from ACE will be required. a A survey of the streams and wetlands on site is necessary. • ER will supply the labor and materials to remove sediment from impacted streams while Altamont observes these activities to be in accordance with the approved plans. 0 Altamont will solicit cost estimates from qualified contractors for construction of stream and wetland restoration. ® Only minimal correspondence with DENR and ACE and one revision of the Plan will be required. • Altamont is provided access to work areas of the properties on an agreed-upon date without delay. ® Utilities will not interfere with the proposed work and that ER is responsible for all utility location associated with this project. Inclement weather does not delay work progress. i G.`\fn'I ViJVja1J\\LIIYII VIIIIIGIIIai[Restoration LLv`\BarbFr Orchard\uarbla Jrch'ald Pro 11"e'v•i.DGCx I Mr. David Brinkmeyer May 10, 2011 j Page 4 of 4 I Thank you for allowing us to provide you with this proposal. Please feel free to call or respond to me with any questions or comments you may have. i Sincerely, i I ONT ENVI MENTAL, INC. Joel Lenk, P.G. Enclosures: Agreement for Professional Services Terms and Conditions i I I i G:\Proposals\Environmental Restoration LLC\Barber Orchard\Barber Orchard Pro Rev 1.Docx I U.S.ARMY CORPS OF ENGINEERS Wilmington District Action ID: SAW 2011-00853 County: Haywood NOTIFICATION OF UNAUTHORIZED ACTIVITY/PERMIT NONCOMPLIANCE Responsible Authorized Party Mr.Patrick D. Langford Agent Mr. Jon Bornholm Mrs.Norene Lanaford USEPA Region 4/Superfund Division Address 38 Lang_ford Drive Address 61 Forsyth Street Waynesville,NC 28786 Atlanta, GA 30303 Telephone Number 828-550-0351 Telephone Number Size and Location of Property(waterbody,Highway name/number,town, etc.): Property is#9 Barber's Orchard; 6.01 acres; located on Apple Hill Drive, off Old Balsam Road in Waynesville,NC. Site contains a UT to Richland Creek and directly abutting wetlands. Coordinates in Decimal Degrees are: 35.449321 N,-83.053979 W. Description of Unauthorized Activity/Permit Noncompliance: Mechanized Land disturbing activities conducted during operation of an EPA Superfund site for removal of contaminated soil. During these earth-moving activities, approximately 0.095 acres of jurisdictional wetlands have been impacted by vegetation and soil disturbance as well as the deposition of fill material. Two fill areas of approximately 2-3 feet in depth exist on the same wetland (Fill #1: 0.034 acres, Fill #2: 0.020 acres). An additional 0.041 acres has been impacted by vegetation and soil manipulation resulting in minor fill impacts adjacent to Fill#2. (See attached impact map). Indicate Which of the Following Apply: X Unauthorized Activity River and Harbor Act,Section 10(33 USC 403) Noncompliance with Permit Clean Water Act,Section 301 (33 USC 1311) Unless you have a Department of the Army Permit.for the above described activity, it is a violation of federal law as specified above. You have agreed to do no further work in waters or wetlands without the required Department of the Army Permit. Any further unauthorized work in waters-or wetlands will be considered an intentional violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action requested below, the Corps of Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to perform the requested remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers regulatory program, please contact Mr. Tyler Crumbley at telephone number 828-271-7980 ext. 232. Remedial Action Requested: As agreed upon during the site visit conducted on 05 MAY 11, the fill impacts will be removed and returned to natural grade. The disturbed area will be returned to natural grade and all impacted areas will be re-vegetated with native wetland/riparian plant species. Additionally, this office requests all documentation pertaining to the required response in Section III of the NC DWQ Notice of Violation dated 26 April, 2011. (Section III only) .I These initial corrective measures must be conducted within 30 days. Please contact our office once the work has been completed so that we may conduct an inspection. i Your signature acknowledges receipt of this notification.Return a signed copy of this notification to the Asheville Regulatory Field Office in the enclosed pre-addressed envelope. g rY � Property Owner/Responsible Party Signature Regulatory Project Manager Signature Date D6 MAK iz WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM. CF: William Hamel,USACE SAJ AI®: 2011 -00353 0ik / O�� � � \ �+•., `� � � �� .•��� `�' all �� /.:� pr-w� '� �.1 - � .-y' ease � ( Ch Rm Locatio 7.1 Ar Ivi IN �' � +f;��`\ 'tr��—.�"st�4• j i '' ; ...---'���+�'a�. /��� � •Il(ter, �0 �� �q �J,"`� • ��CRLX �� • �,�, �-•--:� �y �,,,�`�'(r , r ��r�L1l1Y. �/f'� F I ` +•" ' a y � • . • '���'�•J��J •..�- r-^Y �/ .`_f � GC1� • � � � f -f'�j�/I'' '1C.i'l..r I_ _ ' r�t��.r'� '��.! /� � r��r •� b'`.sue � ��. 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't M13, J LANGFORD, PATRICK INS n �1 �t ,i � � V �i�3J',:,�-. �+.�:i I n,�s �,•� ��;, .: LANGFORD, NORENE H� ) {Ij L. .. `� t;r`j•'�'dyr4 `: .. t,L L z / 38 LANGFORD RD `InP� .'`"l`7a #,r NF", n , r r�i r5. } 1 t� �, 'z' ,J'.i .,+rt �H'�d 1* J•. ..� ���� ff})�^,yy3> cr F II a-�`�,ru��. �• �3:'�t ' t���'yr��wr5u•s$� �' � Ci �� ln�s� '�'YV'v J �y.t k ' 1. t4�1T R'f4r�'l• �j"trt�5yi x�lr' - r� ff , t r'. 'Sal k ,L 3lr Ley �.• r 'fg,��uµ, 5.. 1.4 )}f I1 1 {fj 1 f•' Y .(' ki` F 4y: -t-7_� �. .� � �� � ,�r�t,,•f,l t ak z l r �,� A� ��, It .�( `" ,� � t:r.. x� ••, WAYNESVILLE, NC 28786 1P� a{Lrfr ." gp i`r sp F,'�,�.al'tidirr`i t +'t-"r�" s 'spa `_�y 'ir{r'jy • .y �ff-rn J o f J E 4 1 °F.p-t l_f'1" Y+�i� `� W �; '�fa •� qr""1 f A .z ,�; t" ,� � , , ,.:. s �, •� r �a; , ,. . _,- �.>; Account Information: tFi, r ( 7ysi r a �� ,Pt IuJ�a h 7f C ,rt t.2 iiti� J I l'. rr, t y5-vify �l& ri, ,E Ate' d .—x ��t c,�, t>_ ,5 t t , f r r , x _ r•r, �v�� ' r� ei J 9 f. z4 4 ,�. PIN: 7694-23-7391 'p ' �L- ;:� r h Deed: 629/2375 � +t>Jt :t � P i. 1 , r r ri r !"`5 rr'e+� f 'Y�i�F� .� aly 'w' t�' '"F+•'r'�.a ti e `b,rt;„f'M a4 .s rs �t lc I 55 a x rr �' Site Information: �a fia '1t 1• 3-. d,l I i �l �iY� u�` r� r 1-'(,��' 1' �+• � �.r Sa y r�FSL S""�-. n —{fi F' T ,. n.' .,• �t�,iz7 JSL 4k d.} f5 I t Y t'� 4 tM1 F x��i' ; ` f 99 BARBER'S ORCHARD x Ci��ALl� BARBERS ORCHARD py•JF' p 7 r F p J rM ��Iflq qk ^�yF rya J� t4�7.1 K.i`•Y,-1 fC ,.t„: if r i � 2Y,l r.i(F} ? ! t`it2+✓' 15 lu ' 6,;ya'y`i1 *; Fk-��. �F, ys' S�Jt :+,^: �f c sy,,pratrJ r,-r7?f�.�r`4.�. ��i{•u� 1�nai' tip Ir'+ i{tr r. ..: i i,s1, 1: . '� -1A°,y+` � ' t itr a l pj i. I f t ' i la %a -kW �` d ,- 5 ;t< 4,{� .its' ��. rsr° r fr.i 3 J r 'ti,� ri ,71. 1 1 .' d)k`r 1L' 1 "';e-t vat ;S ;,�AS. •dyd+ f,,Sa'� t rJyk' .a' w 1w�.ra �7'S a .s•L, -:� e ..s,r} fa,jrt,.-Fr u'". k = ;, a•.p, m ' k t H,'" s r ,r'+ 6 •-k '�ci4: r {.a.j� ,�r 7�r.. I '�fJ i:: ri, W+ '�'L?l�r� -. Js?yr�4y"Z•Y- �y'a�,1� z. OPENLAND I :h a -kr rr;.�r.� &s4 T yrt v� S �, Y-E ,r`y''-r+. �y�w. �i,•��1s, T` •. :.`a5+1 "'f5k 1� � `��. r '( Sn'. I d ,.•CrAfZ�ilr^r-' tL^'. f} � '�l. V, .34'•i, rarf.,�•' Of`� dfFirs'u Heated Area: 0 r� `��t v 'x+�y,"s':h i i�4i f�y,5 4 {, r rt.-yr ct''�'S 7r tlT'iSr:a R;3i.�":}�' kt`. ro t Y`k�r "r"�' #H".''iA+ir'r v➢'r W s'l,,s}Sz t gtN3 .;. ? " a +,v 'fr'f1: a 6. x >wF 1-` �-� s � F � ' -.s° .r _ ; r � h Year Built: 0 ''d b�'`�i t f a1� �-�:� r�y��"'�„/�r � ��J, - '�.�.1 x�'rq+.�."�' max,§ ri 't,4 �: rr'!"14 S' F ;T L,S �fi. 1 t�,a .y.d ,r yCJ"• r > rF ,14't.• f!„ a Total Acreage: 6.01 a� ?aA ro'3� tr�u!'FS + >� ':1,, f rl 1 T r$� ]Ie+v 31a r x, a 1 ,} baiE�' t aF-F� 1,� +��h F 3!<1 t r r. 1 b q'4 r`',,, - , l7 J 'gS'�{+rk�i. a�'fa "1�t yg3 � y� tr+ �L; 4 � Township: WAYNESVILLE �Lr �-1�'✓`�t..17'����Ih ri s'�e1�1�.(x}at 1 n.�NC y'�1t�f h 7�+��;StY�Y����}'-fi ��i��,t7 3�y+�R�f`."z� .i� �.., � r'�r- "�r�,dflli:�`ti. {,r,?c�S?.:* b . p•;.•ree' _`fix f, r..-;fitr .J,~`9l; 7 ift Athr�,,, F`n5k` 1.� �i-�s +,$.Fl<�. f :fa Fx` T,ri < rl J"F,++SJ' `:sf' , r✓ t`k r t gfs 'tjy Site Value Information: r�. 'i',{1T , i'j,ri �, f x >,Fa 4t,�11 e..n :,,-�'• �a7 'l 'fE �t k4 ,i'1 , 2. t C ;@.r 7 t d, ar F�.et fi U et.:.-''r 14 f( ,SY7'iL J �Lr,'�'h s a= •"' "'r11 vF S�i•4^. y "per ,, Y�=:t� �ryi' Land Value: $37,200 Building Value: $0 a mt ,, f �� kv. a,{n�'f�;,yj�7.5-�r?vr� f,i��;�v x., 'o�� �L ✓ ,�y,`���t�,�> �c•�l%1 1-� r�ti�r,a: +� '�''� �'4 r p J?tiy1 ��,Y7a�r f�e. r. L }rl 7�r 1 Yil d�}F.tr'.'< Ct I[�.,s..c�'Sd}f.?5 y`fic agft i,.J.. larl7a'• Y,yjV-i''u"'S�LS ,•5 / 7,t�ffV� �Y { J L`<.I. y N F�' ,.� ll-- ,7 � � t r f7 r ���;},� � t�k� t,:�r, � ,�.My �tr� ���xa_� � �k;,,;`-{;-;�',�.w, ,,�(( ;'�`` +� ���'k� �'.� � ;�;'•�,��;9 Market Value: $37,200 +S°F i-Yt i 1 R aJen f Pk q'Ya:? 'rt\4r "�. 5 Pt Y Y '3t,•Y'c tr'k`.: n �' ',",�S3�� s� �. a c> s f,, s' Defered Value: ($0) fi k•x. f vy, W f 1�`�..It.;i }��',i`u�j ,,� '°�"xi`�i-.• �� 1 p,�' J� hS'JCr'-+s�'Yti�1h��?i�. F n'C '4� �' '�.F ty. 4vsd ar t� c�? S�3r qrb Z., ' r �5 a -• y °116 ;,� �`� �����.�,� t��� ���;�,.��w�� '' ,� ,�. �� �r ,�, � �,�F; a y i:n�. '��,� •aG � Assessed Value: $37,200 1' $ ( 4 fj Y �Sn, $ J`� .�P�' ,rye''.•i. �} �S."�1c5} �% y"i,) ?{"�� Sale Price: $68,000 7,ta v l �r�yJ sFa{� �$x yu�hivtif z h tti� if r 7 s, ev k ,����*" �,€�� i rye-� t1►���'-��'� y� r ,�r��l�t�.� n s .� '� ��7 �,�� _(. Sale Date: 5/9/2005 ro yr Tr;;}:9•' •' Tt t - < - 'I,�i 4?-SSiCkb11i�" ti>~ f. oe �•r i f s i.!f±:� R` '. Taxes 2010: $233.01 u,i F s ;t ary a 9C v 'M' r� na up �t < r q k swy +T Tayoc )`f1f1Q• 4 7 'j�111 £1 it gs L C1 �r ( TsArls 3�J r H f rr 7` .� ,f*L r-{ ,` M 9t`xA+ F_' 1� r f L� .r+ �SS,�� r '�`•3 pf t��r-as �s�'}•�rxr .0 o}s;"r e k ert'4F'y'#a "wl'�1>j.tirq'.t " .' aJ` ,.•Yr d '> 01 �,ci�t,t.-.F������+�:cxKt�y� t� r 't�?1i 4 �u� .�3 v Ir >•Y i�`�"�,' ° tt6�m�'t. 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"_.:�,iY�tu"?•n'Y�''1..; ,!in;:} C5`r ;r! u.t+-!_. :�iUi' :.P_�-<.+=..:�ta�t.:..,,d+ - Wilson, Susan A From: Bornholm.Jon@epamail.epa.gov Sent: Tuesday, May 10, 2011 4:49 PM To: Edwards, Roger; Wilson, Susan A Cc: Testerman, Nile; d.brinkmeyer@erllc.com Subject: Barber Orchard NOV Roger/Susan, As you may or may not know, ER is anticipating receiving a cost estimate from Altamont Environmental which is expected to be submitted today. Altamont Environmental will be tasked to provide technical support, generate the requested project map, and assist in the development of the necessary plans. As you know, it will take some effort to prepare these plans. A quick question, since the drafting of the Sediment Removal Plan and the Stream Restoration Plan will not be completed by May 16, the Agency's response will specify the Agency commitment to rectifying the situation, request an extension to submit the requested documents, hopefully a schedule to complete the map and plans, and the Agency's commitment to implement the plans. The schedule will be based on Altamont Environmental's input which we currently do not have. Will this be an adequate initial response? Jon Bornholm Remedial Project Manager EPA Region 4/Superfund Division Superfund Remedial & Site Evaluation Branch (o) 404-562-8820 (c) 404-217-8565 1 INA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 26, 2011 CERTIFIED MAIL R TI+JR�R,RE,ERTIFIED�MAIL RETURN RECEIPT REQUESTED @C",E ITT QU.E-SXED 7010 1870 0003 0874 6505 7101'I'870�0.0, 3�065 � Mr. Jon Bornholm, Remedial Project Manager David A. Brinkmeyer, CHMM USEPA Region 4/ Superfund Division VP-Government Contracts 61 Forsyth Street Environmental Restoration, LLC Atlanta, GA 30303 1666 Fabick Drive St. Louis, MO 63026 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6529 Attn: Environmental Restoration, LLC Corporation Service Company 327 Hillsborough St. Raleigh,NC 27603 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT and INJUNCTIVE RELIEF Barber Orchard Superfund Site NOV-2011-SS-0009 = Stream Standard Violation- Other Waste (In-stream sediment) Removal of Best Usage Haywood County Response deadline: May 16, 2011 Dear Messrs. Bornholm and Brinkmeyer: On March 24, 2011, Susan A. Wilson and Jeff Menzel from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site visit at Barber Orchard Superfund-Site in Haywood County. The site is located 3 miles west of Waynesville,NC. Mr. Will Smith, with the United States Army Corps of Engineers (USACE), was also present during the inspection. It is the knowledge of DWQ that the United States Environmental Protection Agency (USEPA) Region 4/ Superfund Division has taken responsibility for removing and remediating the contaminated soils for this site, and that they have directed Environmental Restoration, LLC to conduct the contract work. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet www.ncwaterquality.org ;Vatuyra// lly 'An Equal Opportunity 1 Affirmative Action Employer Messrs.Bornholm and Brinkmeyer April 26,2011 Page 2 of 5 A follow-up site visit and meeting was conducted on April 5, 2011 with representatives of the DWQ,Division of Land Resources, Division of Waste Management,Haywood County Erosion Control, as well as USEPA Region 4 and Environmental Restoration, LLC. During the site visits, DWQ observed impacts to unnamed tributaries to Richland Creek from sediment deposition, and the excavation and relocation of stream channels. Offsite sediment was also noted that resulted from the activities within the subject sites' property boundary. It was difficult to quantify the amount of stream impacts and offsite sediment due to the nature of the damage. DWQ also observed disturbance and fill material placed in wetland-type soils throughout the site. If a delineation map depicts that these areas are wetlands, any unauthorized impacts found in those areas will need to be addressed and the wetlands restored. The stream impacts occurred to unnamed tributaries to Richland Creek, a Class C Trout water body in the French Broad River Basin. As a result of the site inspection,the following violations were identified: VIOLATIONS I. Other Waste(In-stream sediment) 15A NCAC 02B .0211 (3)f— Title 15A North Carolina Administrative Code 2B .0211 (3)f requires that"Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses". An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by sediment deposition resulting in a stream standard violation. II. Removal of Best Usage— 15A NCAC 02B.0211 (2)— Title 15A North Carolina Administrative Code 2B .0211 (2) requires that"The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard". An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by excavating stream channels resulting in stream standard violations. III. Wetland Standards - 15A NCAC 02B .0231 (b) - (1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses (5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: (C) The chemical, nutrient and dissolved oxygen regime of the wetland; Messrs.BornholM apd Brinkmeyer ' April2k2011 Page 3 of 5 (D)The movement of aquatic fauna; (F) Water levels or elevations. An undetermined amount of potential wetlands have been impacted from fill material and other disturbances. Wetlands at the site would drain to Richland Creek. REQUIRED RESPONSE The DWQ requests that you respond by May 16, 2011. Your response should be sent to the attention of Susan A. Wilson,Division of Water Quality, 2090 US IIWY 70, Swannanoa,NC 28778 and should address the following items: I. Other Waste (In-Stream Sediment) - 15A NCAC 02B .0211 (3)f a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. lb. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You are strongly encouraged to secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including techniques, manpower, and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. Sediment must be tested for primary contaminants to ensure the proper disposal of off-site sediment. • Please explain how turbidity standards will not be exceeded. • Please describe how you will stabilize the site on both a short term and a long term basis, in order to prevent further impacts from sediment to water quality. e. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. Messrs.Bomholm and Brinkmeyer April 26,2011 Page 4 of 5 II. Removal of Best Usage— 15A NCAC 02B.0211 (2) a. Please explain why these impacts occurred. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e.,relocation and/or fill). c. Please submit a Stream Restoration Plan to this office for review and approval. You are strongly encouraged to secure a consultant to assist you with your plan development and with obtaining any permit, certification, and/or authorization necessary to achieve compliance (you may wish to contact Scott Jones or Tyler Crumbley,USACE, Wilmington District at(828) 271-7980 to determine if permitting within the site boundary is required or if jurisdictional stream/wetland determination is required by the USACE). The plan must include the removal of the impacts,restoration of the stream channel as well as the restoration of the streambank and buffer along the stream within the Superfund site boundary. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: 1. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. 2. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Ms. Wilson. III. Wetland Standards - 15A NCAC 02B .0231 (b) a. Please explain why these impacts occurred. b. Please delineate all wetland areas on the entire subject site,within the Superfund property boundary (as well as any wetlands impacted by sediment off-site). c. Please submit a Wetlands Restoration Plan to this office for review and approval (similar to the requirements stated in II.c. above). Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement and an injunctive relief request to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Environmental damages have been documented on the subject tract as stated above. Your efforts Messrs.Bornholm avd Brinjam yer 'April 26,2@4 I Page 5 of 5 3 ' to undertake activities to bring the subject site back into compliance are required. Action must be taken in order to begin to solve ongoing environmental issues. Pursuant to G.S. 143-215.6A, these violations and and future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C,DWQ can request the Attorney General to institute a civil action to restrain the violations or threatened violations. Your above-mentioned response to this correspondence,the degree and extent of harm to the environment and the duration and gravity of the violation(s)will be considered in any civil action and/or civil penalty assessment process that may occur. Should you have any questions regarding these matters,please contact Susan Wilson or myself at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Surface Water Protection Section, Matt Matthews WBS Compliance and Permits Unit, Katie Merritt ARO File Copy Division of Land Resources, Janet Boyer- ARO Division of Land Resources, Gray Hauser Division of Waste Management,Nile Testerman 1646 Mail Service Center, Raleigh,NC 27609-1646 Aquifer Protection Section, Landon Davidson USACE, Scott Jones Haywood County Planning, Marc Pruett S:\SWP\Haywood\Complaints\Barber Orchard\NOV.Barber Orchard v1.4 2011.docx AFILE CCrY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Beverly Eaves Perdue Director Dee Freeman Governor Secretary April 26, 2011 I�,R EI't IAA CERTIFIED MAIL avoR,FWI-RiN1RE'CEI,I?*iKE_101_188 D RETURN RECEIPT REQUESTED �710�1,011t1Q`a` 7� 7010 1870 0003 0874 6512 Mr. Jon Bornholm, Remedial Project Manager David A. Brinkmeyer, CHMM USEPA Region 4/ Superfund Division VP-Government Contracts 61 Forsyth Street Environmental Restoration, LLC Atlanta, GA 30303 1666 Fabick Drive St. Louis, MO 63026 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6529 Attn: Environmental Restoration, LLC Corporation Service Company 327 Hillsborough St. Raleigh,NC 27603 SUBJECT: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT and INJUNCTIVE RELIEF Barber Orchard Superfund Site NOV-2011-SS-0009 Stream Standard Violation - Other Waste (In-stream sediment) Removal of Best Usage Haywood County Response deadline: May 16,2011 Dear Messrs. Bornholm and Brinkmeyer: On March 24, 2011, Susan A. Wilson and Jeff Menzel from the Asheville Regional Office of the Division of Water Quality (DWQ) conducted a site visit at Barber Orchard Superfund Site in Haywood County. The site is located 3 miles west of Waynesville,NC. Mr. Will Smith, with the United States Army Corps of Engineers (USACE), was also present during the inspection. It is the knowledge of DWQ that the United States Environmental Protection Agency (USEPA)Region 4/ Superfund Division has taken responsibility for removing and remediating the contaminated soils for this site, and that they have directed Environmental Restoration, LLC to conduct the contract work. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 NorthCarolina Phone:828-296-45001 FAX:828-299-70431 Customer Service:1-877-623-6748 Internet www.ncwaterquality.org naturally An Equal Opportunity 1 Affirmative Action Employer Messrs.Bomholm and Brinkmeyer April 26,2011 Page 2 of 5 Z. A follow-up site visit and meeting was conducted on April 5,2011 with representatives of the DWQ,Division of Land Resources,Division of Waste Management,Haywood County Erosion Control, as well as USEPA Region 4 and Environmental Restoration, LLC. During the site visits,DWQ observed impacts to unnamed tributaries to Richland Creek from sediment deposition, and the excavation and relocation of stream channels. Offsite sediment was also noted that resulted from the activities within the subject sites' property boundary. It was difficult to quantify the amount of stream impacts and offsite sediment due to the nature of the damage. DWQ also observed disturbance and fill material placed in wetland-type soils throughout the site. If a delineation map depicts that these areas are wetlands, any unauthorized impacts found in those areas will need to be addressed and the wetlands restored. The stream impacts occurred to unnamed tributaries to Richland Creek, a Class C Trout water body in the French Broad River Basin. As a result of the site inspection, the following violations were identified: VIOLATIONS I. Other Waste (In-stream sediment) 15A NCAC 02B .0211 (3)f— Title 15A North Carolina Administrative Code 2B .0211 (3)f requires that"Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses". An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by sediment deposition resulting in a stream standard violation. II. Removal of Best Usage— 15A NCAC 02B.0211 (2)— Title 15A North Carolina Administrative Code 2B .0211 (2)requires that"The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard". An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by excavating stream channels resulting in stream standard violations. III. Wetland Standards - 15A NCAC 02B .0231 (b) - (1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses (5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: (C) The chemical, nutrient and dissolved oxygen regime of the wetland; Messrs.Bomholm and Brinkmeyer Apri126,2011 Page 3 of 5 (D) The movement of aquatic fauna; (F) Water levels or elevations. An undetermined amount of potential wetlands have been impacted from fill material and other disturbances. Wetlands at the site would drain to Richland Creek. REQUIRED RESPONSE The DWQ requests that you respond by May 16, 2011. Your response should be sent to the attention of Susan A. Wilson, Division of Water Quality, 2090 US HWY 70, Swannanoa,NC 28778 and should address the following items: I. Other Waste (In-Stream Sediment) - 15A NCAC 02B .0211 (3)f a. Please provide a map of the project area. The map must include all streams and wetlands, detailing impacts both on- and off-site. b. Please submit a Sediment Removal Plan(Plan)to this office for review and approval. The Plan must address removal of accumulated sediment from all surface waters. You are strongly encouraged to secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during Plan development. The Plan should include: • A narrative explaining how sediment will be removed; including techniques, manpower, and tools to be used. • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment. • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal. • A narrative explaining how and where the removed sediment will be disposed and stabilized. Sediment must be tested for primary contaminants to ensure the proper disposal of off-site sediment. • Please explain how turbidity standards will not be exceeded. • Please describe how you will stabilize the site on both a short term and a long term basis, in order to prevent further impacts from sediment to water quality. c. Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms. Wilson. Messrs.Bornholm and Brinkmeyer April 26,2011 Page 4 of 5 II. Removal of Best Usage—15A NCAC 02B.0211 (2) a. Please explain why these impacts occurred. b. Please provide a map of the project area. The map must include all streams and wetlands on-site, detailing all impacts (i.e.,relocation and/or fill). c. Please submit a Stream Restoration Plan to this office for review and approval. You are strongly encouraged to secure a consultant to assist you with your plan development and with obtaining any permit, certification, and/or authorization necessary to achieve compliance (you may wish to contact Scott Jones or Tyler Crumbley,USACE, Wilmington District at(828) 271-7980 to determine if permitting within the site boundary is required or if jurisdictional stream/wetland determination is required by the USACE). The plan must include the removal of the impacts, restoration of the stream channel as well as the restoration of the streambank and buffer along the stream within the Superfund site boundary. It is recommended that your consultant contact Ms. Wilson of the Asheville Regional Office for additional guidance during plan development. The plan should include the following: 1. A proposed schedule with dates that indicate when you expect to begin and complete the restoration work. 2. Once the plan has been implemented and is complete, a final report documenting restoration of the stream should be submitted to Ms. Wilson. III. Wetland Standards - 15A NCAC 02B .0231 (b) a. Please explain why these impacts occurred. b. Please delineate all wetland areas on the entire subject site,within the Superfund property boundary (as well as any wetlands impacted by sediment off-site). c. Please submit a Wetlands Restoration Plan to this office for review and approval (similar to the requirements stated in Il.c. above). Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement and an injunctive relief request to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Environmental damages have been documented on the subject tract as stated above. Your efforts Messrs.Bomholm and Brinkmeyer April 26,2011 Page 5 of 5 to undertake activities to bring the subject site back into compliance are required. Action must be taken in order to begin to solve ongoing environmental issues. Pursuant to G.S. 143-215.6A, these violations and and future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWQ can request the Attorney General to institute a civil action to restrain the violations or threatened violations. Your above-mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil action and/or civil penalty assessment process that may occur. Should you have any questions regarding these matters, please contact Susan Wilson or myself at (828) 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office cc: Surface Water Protection Section, Matt Matthews WBS Compliance and Permits Unit, Katie Merritt ARO File Copy Division of Land Resources, Janet Boyer- ARO Division of Land Resources, Gray Hauser Division of Waste Management,Nile Testerman 1646 Mail Service Center, Raleigh,NC 27609-1646 Aquifer Protection Section, Landon Davidson USACE, Scott Jones Haywood County Planning,Marc Pruett S:\SWP\Haywood\Complaints\Barber OrchardWOV.Barber Orchard vIA 2011.docx Surface Water Protection Asheville Regional Office Division of Water Quality April 14, 2011 Memorandum: TO: Matt Matthews, Chief Surface Water Protection Section Cyndi Karoly, Supervisor WBS Compliance & Permits Unit FROM: Roger C. Edwards, Regional Supervisok Surface Water Protection Asheville Regional Office PREPARED BY: Susan A. Wilson, P.E., Environmental Engineer Surface Water Protection SUBJECT: Enforcement Recommendation/Summary Barber Orchard Superfund Site (Case No. NOV-2011-SS-0009) Haywood County,NC This memo serves as a summary of actions conducted by Division of Water Quality/Surface Water Protection Section/ARO regarding the Barber Orchard Superfund site in Haywood County. USEPA R4/Superfund Division, along with its contractor, Environmental Restoration, LLC are in the process of remediating/removing soils from Barber Orchard due to elevated levels of arsenic and pesticides from apple production. The total acres to be remediated are 80. Currently, 50 acres have been grubbed and 39 acres have been excavated. Susan A. Wilson and Jeff Menzel of this Office conducted a site inspection on March 24, 2011; the site inspection was in response to anonymous complaints received by Haywood County Erosion Control on March 11, 2011. Will Smith, US Army Corp of Engineers, working as a site supervisor, was also present during the inspection. It was observed during the inspection that, in several areas outside the boundary of the Superfund project, sediment was deposited in unnamed tributaries to Richland Creek (and possible wetland areas). Within the boundary of the Superfund site, it was noted that in removing the soils, there was no protection of existing intermittent/perennial streams and wetlands. Determination of streams and wetlands within the boundary of the site has been requested; per Jon Bornholm, EPA R4/Superfund Division, this was not done prior to conducting the remediation work. Several NCDENR regulatory agencies also received complaints (Aquifer Protection Section and Division of Land Resources). A site meeting/inspection with representatives of DWQ, DLR, DWM, Haywood County Erosion Control, Environmental Restoration, LLC (contractor) and USEPA R4/Superfund Division was conducted on April 5, 2011. DWQ alerted Mr. Bornholm of the potential water quality violations off-site and within the Superfund boundary. Memo—Barber Orchard Superfund Site Page 2 of 2 DWQ/ARO intends to send Notice of Violation and Recommendation for Enforcement (MORE) to EPA R4 and Environmental Restoration, LLC. The NORE states that off-site sediment must be removed from the various unnamed tributaries that have been affected and that any streams/wetlands delineated within the boundary of the Superfund site be restored. The NORE also states that a local consulting firm experienced in sediment removal and stream restoration be contacted for these purposes. DWQ also suggested in the NORE that the USACE be consulted regarding this activity. DWQ has been in continual contact with Nile Testerman, DWM/Superfund Section(Project Reviewer) regarding these actions. The impacts have resulted in the following violations: • Stream Standard Violation—Other Waste (instream sediment) 15A NCAC 02B .0211(3)f —off-site sediment in several tributaries to Richland Creek was noted; due to the size of the project and its layout, DWQ staff was unable to determine the extent of impact. An experienced consulting firm should be hired to determine impact. • Removal of Best Usage— 15A NCAC 02B .0211(2)—in removal of the contaminated soils, it was observed that seeps and intermittent/perennial streams may have been impacted (and possibly wetland areas); no erosion protection was in place to protect those areas from heavy equipment. DWQ required that those areas be delineated and restored (even though they are within the boundary of the Superfund project). Jurisdictional determination may be necessary. DWQ does have some concerns about the migration of contaminated soils off boundary. We have required the consultant to test for primary contaminants in soils removed from off boundary sites to ensure proper disposal. Details of this are to be determined between DWQ and DWM. Several photos are being e-mailed to you for your reference. S:\SWP\Haywood\Complaints\Barber Orchard\memo.Enf Barber Orch.4 2011.doc rv - � i -_C1,2�69`�nt� ►���1�}'� rr►o-��j�r�,���1 (2)-ill-,N-r�1--'��d.� - -___.___._ , � ; - - - ' � r�, � � i � j � i Q . i, � � ' � i. Z I I � � y, � � � � �� � � i � � i i � i !: __ _ � � -----,-�--- -L---- ---- -�- _-�-- __ -- --_- - -- - -r ------------ .. ----- - - --- ---� I I i i I i i I i i � I EROSION AND SEDIMENT CONTROLos COMPLAINT FORM 09 1 DATE . r. I I I TIME THE COMPLAINT WAS TAKEN PERSON COMPLAINING , PHONE# DIRECTIONS TO THE PROPERTY WHAT IS CAUSING THE PROBLEM E WORK ❑ UTILITIES ❑ STORM WATER 13 UNKNOWN WHAT IS E. ING GRADED ❑HOME•SITE ❑ROAD WORK ❑ POND OR WATERWAY ❑UNI(NO:L ti-T. ARE THEY LOSING ANY MUD`�ES ❑NO. ❑UNKNOWN I WHERE IS THE MUD GOING *YOUR PROPERTY `S�NTO THE ROAD INTO A STREAM OR POND WHO IS THE PERSON CAUSING THE PROBLEM` HAVE YOU TALKED TO THEM Y s ❑NO DATE THE COMPLAINT WAS:LOOKED AT TIME INSPECTOR'S,NAME OTHERS PRESENT ENFOR IE- , ' . TIOl��ov PECTION REPORT ❑ENFORCMENT LETTER ❑VERBAL AG.�.EEMENT RE ERRAL ,CDWQ NCDLQ ❑CORPS ❑SOIL AND WATER ❑OTHERINSP '�/ COPIES OF THIS DOCUMENT MAYBE REQUESTED THROUGH THE HAYWOOD COUNTY SHERIFF'S DEPARTMENT OR THE HAYWOOD COUNTY MANAGER'S OFFICE COPIES REQUESTED BY DATE SIGNATURE DATE COPIES PROVIDED BY DATE WITNESSED-BY DATE i ��4,yiJ �� Allred, Rick From: Hauser, Gray Sent: Tuesday, March 22, 2011 3:48 PM To: bornholm.jon@epa.gov Cc: Allred, Rick; Boyer, Janet; plymale.christopher@epa.gov Subject: Barber Orchard EPA ID: NCSFN0406989, Haywood County, NC The Haywood County Erosion Control office received a complaint concerning stream sedimentation due to the Superfund activity at Barber Orchard. Representatives of Haywood County, NC DENR and the Army Corps observed the site on March 17, 2011. Sediment from the site was observed in an Unnamed Tributary to Redbank Branch, Class C, Trout. Corrective actions recommended by our inspector are as follows: 1. Install erosion and sedimentation control measures sufficient to prevent sediment from washing off into the Unnamed Tributary to Redbank Branch or adjacent property, and 2. Establish a vegetated buffer zone 25-feet in width along both sides of the Unnamed Tributary to Redbank Branch. Given the contaminated nature of the soil on the site, sedimentation of trout waters is of great concern. Please give this matter your prompt attention. If I can be of assistance concerning erosion and sedimentation control issues, do not hesitate to contact me. Thank you. T. Gray Hauser,Jr., PE State Sedimentation Specialist N. C. Department of Environment and Natural Resources Division of Land Resources, Land Quality Section 1612 Mail Service Center 512 North Salisbury Street Raleigh, North Carolina, 27699-1612 Phone: (919) 733-4574 Fax: (919) 733-2876 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. C, ���z yr. 1 i�A/ r 1 Wilson, Susan A From: Testerman, Nile Sent: Tuesday, April 12, 2011 1:54 PM To: Wilson, Susan A Subject: RE: Barber Orch Susan, Great to see you again. Here's the info you requested: ER contact: David A. Brinkmeyer, CHMM VP-Government Contracts Environmental Restoration LLC 1666 Fabick Drive St. Louis, MO 63026 EPA: Jon Bornholm Remedial Project Manager US EPA Region 4/Superfund Division Superfund Remedial & Site Evaluation Branch 61 Forsyth Street Atlanta, GA 30303 State: Nile Testerman NCDENR Division of Waste Management/Superfund Section 401 Oberlin Road 1646 Mail Service Center Raleigh, NC 27609-1646 The estimated total of acres to be remediated is 80. Approximately 59 acres have been grubbed. Approximately 39 acres have been excavated. Thanks, Nile Nile Testerman, P.E. Please note new email address: nile.testermanancdenr.gov 1 Environmental Engineer North Carolina DENR Division of Waste Management/Superfund Section 919 508-8482 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wilson, Susan A Sent: Monday, April 11, 2011 1:35 PM To: Testerman, Nile Subject: Barber Orch Nile- Could you forward me the appropriate contact names and addresses for EPA Superfund,the contractor, and anyone else you think may need to be copied on correspondence from us (likely an Notice of Violation)? (that includes you guys as well to be copied on the correspondence) And - could you tell me how much acreage they have cleared right now and what the total is to be before the project is complete? Thanks much! Good to see you the other day. Susan Susan A. Wilson -Susan.A.Wilson@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality-Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 2 Wilson, Susan A From: Testerman, Nile Sent: Thursday, April 14, 2011 7:36 AM To: Wilson, Susan A Subject: Barber Orchard Susan, Got your message re testing the sediment. The Record of Decision lists the chemicals or concern and cleanup goals. A human health risk assessment was done and the cleanup numbers are based on that assessment. The arsenic cleanup number is based on monkey and swine bioavailablity studies on the soil at the site. All numbers are in mg/kg. Arsenic 80 ppm Lead 400 ppm 4,4 DDD 2.4 ppm 4,4 DDE 1.7 ppm 4,4 DDT 1.7 ppm Aldrin 0.033 ppm Dieldrin 0.035 ppm Endrin 15 ppm Endrin ketone 1.5 ppm Hope this helps. Nile Nile Testerman, P.E. Please note new email address: nile.testermanCc)ncdenr.gov Environmental Engineer North Carolina DENR Division of Waste Management/Superfund Section 919 508-8482 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 J��TED Slq p�S UNITED STATES ENVIRONMENTAL PROTECTION iZ• •r\ AGENCY o REGION 4 Z SAM NUNN ATLANTA FEDERAL CENTER �Fti o� 61 Forsyth Street, S.W. €'` TIC PROSEG�\ Atlanta, Georgia 30303-3104 r. i May 16, 2011 1 MAY 1.9 2011 ` 4SF-SRSEB t q _ WA ER QUALITY 5ECT1flN +;. t; ?• pqt1c\!I LE REGION C -ICE� a, Ms. Susan A. Wilson ;, Division of Water Quality North Carolina Department of Environment and Natural Resources 2090 US Highway 70 Swannanoa,North Carolina 28778 SUBJ: Response to NOV-2011-SS-0009 for the Barber Orchard Superfund Site in Waynesville, Haywood County,North Carolina Dear Mr. Edwards: This correspondence is in response to North Carolina Department of Environment-and Natural Resources (NCDENR) Notice of Violation (NOV) 201-1-SS-009, dated April 26, 2011, regarding sediment erosion in surface,waters at the Barber Orchard Sup.erfund_Site (Site) located in Waynesville, Haywood county,North Carolina. A copy of this NOV was also sent to and received by Environmental Restoration, LLC. (ER). ER has been tasked by the Environmental Protection Agency (EPA or the Agency), under contract EP-S4-07-04, to implement the soil cleanup at the above referenced Site. The Agency is committed in addressing the violation listed in your April 26 NOV but requests a thirty (30) day extension for submitting the requested plans, the Sediment Removal Plan and the Stream Restoration Plan, as explained below. These plans will provide the information requested. To help prevent/eliminate additional erosion issues at the Site in the fiiture, ER will not be excavating such a large area as the one that lead to the past erosion issues. ER will be staging their work across the larger parcels so that the section initially excavated will be close to being hydro-seeded and covered with straw and erosion control matting before the last section of that parcel is excavated. ER is also developing erosion control figures for each new parcel to be excavated. These figures include pertinent features of the parcel (topography, streams, etc.) and the location of all erosion control structures. These figures will be shared with the field crews to get their input before excavation is initiated. Prior to receipt of the April.26 NOV, ER at the direction-of EPA, contacted a local environmental consultant(Altamont Environmental,Inc.). Altamont Environmental was requested to submit a proposal to provide technical assistance to address the issues mentioned during the April 5, 2011 meeting. ER met with the consultant at the Site on April 6, 2011, to D 2 review the issues as well as visually inspect the areas of concern. Altamont Environmental submitted a proposal to ER on April 26, 2011. As part of their effort to prepare their April 26 proposal, Altamont Environmental contacted NCDENR Division of Water Quality (DWQ) at which time DWQ informed Altamont Environmental that no information could be disclosed prior to EPA/ER being notified. Due to the uncertainty of the scope of work to be performed by Altamont Environmental, EPA, ER, and Altamont Environmental concurred that it would not be prudent to contract with Altamont Environmental until after the scope of effort was better defined (i.e., receipt of the letter from NCDENR). Upon receipt of the April 26, 2011 NOV, ER forwarded the NOV to Altamont Environmental for input into the proposal previously requested. Altamont Environmental submitted their proposal on May 10 (enclosed). Altamont Environmental specified it would take two weeks to prepare the two requested plans following their field work at the Site. The additional requested time is for EPA and ER to review these plans and provide feedback to Altamont Environmental. With regard to Item III. Wetland Standards in the April 26 NOV, ER has recently completed implementing the requested actions recommended by Mr. Tyler Crumbley, Regulatory Specialist, Asheville Regulatory Field Office for the US Army Corps of Engineers. At your request, Mr. Crumbley visited the Site on May 5. Photographs of the completed work were recently forwarded to Mr. Crumbley for his review. As stated above, the Agency will address the identified violations as quickly as feasible. If you have any questions, please feel free to contact me at 1-800-435-9233 (ext 28820) or 404- 562-8820. Sincerely, Jon K. Bornholm Remedial Project Manager Enclosure (1) 1. Revised Proposal from Altamont Environmental in Response to NOV-201 1-SS-0009 (May 10, 2011) cc: Roger C. Edwards, Regional Supervisor (via email) Nile Testerman,NCDENR (via email) L 777777- E^/ n / q Ca �4: f{ Y`E3 Ft O G E,Q L E7 G Y .� -It�-A �. '�, 2011 TMEiET, ASHEVILLE, NG 28801 n;..3.350 FA.C.828..281,.335.1.eteearwv� c+earwgrvrn�.aa�s, F 1� ��T 1iOP 11rst t c a 1 rar smitted'via email .. .—,brip r ttr zra r, May 10, 2011 Mr. David Brinkmeyer,CHMM Environmental Restoration, LLC 1666 Fabick Drive Saint Louis, Missouri 63026 Subject: Revised Proposal in Response to NOV-2011-SS-0009 Barber Orchard Superfund Site 1-07 Barber Hill Drive Waynesville, Haywood County, North Carolina Dear Mr. Brinkmeyer, Thank you for providing Altamont Environmental, Inc. (Altamont)the opportunity to submit this revised proposal to assist you with a response.to a Notice of Violation (NOV) regarding potential impacts to streams and wetlands at the Barber Orchard site located near Waynesville, North Carolina. This letter contains a Background, Scope of Services,Schedule,and Estimated Costs.based on a site visit conducted by Altamont on April 6, 2011 and actions required by the NOV. Background Altamont understands that the Division of Water Quality, Division of Land Quality, and Aquifer Protection Section, of the North Carolina Department of Environment and Natural Resources(DENR) conducted a site visit to Barber Orchard on March 24, 2011 and again on April 5, 2011. Environmental Restoration, LLC(ER) contacted Altamont on April 5, 2011 and Altamont conducted a site visit on April 6, 201.1. An NOV was issued to the United States Environmental Protection Agency and to ER on April 26, 2011 and requires responses for the following specific violations: n Other Waste (In-stream Sediment)- 15A NCAC 02B.0211(3)f. An undetermined number of feet of unnamed tributaries to Richland Creek were impacted by sediment deposition resulting in a strearn standard violation, • Removal of Best Usage-15A NCAC 0213.0211 (2). An undetermined number,of feet of unnamed tributaries to Richland Creek were impacted by excavating stream channels resulting in stream standard violations. • Wetland Standards-15A NCAC 02B.0231.(b). An undetermined amount of potential wetlands have been impacted from fill material and other disturbances. Scope of Services i The activities proposed below represent Altamont's recommendations for the site based on our site visit, conversations with ER, and the referenced NOV. C:AProposals\Erlvironnien[.Lrl Restoration LLC\Barrier Orchard\Barber Orchard Pro Rev 1.D0ox i Mr. David Brinkmeyer May 10, 2011 Page 2 of 4 I Phase 1:Stream.Identification, Wetland Delineation, and Assessment of Impacts to Surface Water Altamont will begin this phase of the work by contacting DENR to present them with our intended scope of work and schedule: Additionally,Altamont will attain all appropriate data from the US Army Corps of Engineers (ACE), Federal Emergency Management Agency, and DENR to determine what hydrology has been identified and delineated on site. Altamont will conduct a stream determination at the site to identify existing ephemeral, intermittent, and perennial streams. Additionally,Altamont will delineate wetlands found on site. Finally,Altamont will quantify the volume and extent of sediment impacts to the streams and wetlands on site that have resulted from remedial work taking place at Barber Orchard. Altamont will flag locations of streams and wetlands and will record these locations using a sub-foot accurate GPS unit. Altamont will identify and record evidence of impacts using a digital camera. Altamont will survey the streams and wetlands on site to create a design for the restoration of the impacted reaches of streams and wetlands. i Phase 2:Sediment Removal and Stream and Wetland Restoration Plan Altamont will correspond with DENR and ACE to confirm that impacted areas of streams and wetlands are j identified. Altamont will calculate an approximate volume of sediment that has impacted streams and wetlands and portray the extent of impacts in a Sediment Removal and Stream and Wetland Restoration Plan (Plan). Altamont will prepare a strategy to remove the sediment from impacted streams and wetlands I on-site and downstream of the site, as necessary. Altamont will prepare a design to stabilize impacted streambanks and to repair the riparian buffer to within 25 feet of the stream per trout buffer requirements, which will be included in the Plan. If they exist,the Plan will include restoration of wetlands on site which will j be coordinated with the DENR and ACE. The Plan will specify materials necessary to remove sediment, stabilize streambanks, restore the trout buffer,and restore wetlands if necessary. I The Plan will include a description for soil testing for primary contaminants to ensure the proper disposal of sediment as specified in the NOV. The Plan will also include a description of how the site will be stabilized short term and long term to prevent further impacts from sediment to water quality. We assume that jurisdictional determinations of streams and wetlands will be required based on language in the NOV. The Plan will be made available to ER for review prior to submittal to regulatory agencies. Once the Plan has been approved by the appropriate agencies,Altamont will schedule,direct, and observe work on the I impacted streams. i i Phase 3:Sediment Removal and Stream and Wetland Restoration Implementation i Once the Plan has been.approved by the regulatory agencies,Altamont will begin accepting bids from qualified contractors to implement the Plan. Altamont understands that ER will provide the labor and materials necessary to implement the sediment removal portion of the Plan. Altamont will provide the Plan'to eligible and qualified contractors and receive cost estimates to implement the streambank stabilization;trout buffer restoration, and wetland restoration work. However, if ER would like to provide the necessary labor and materials for this portion of the work, please let us know. Altamont is available to conduct soil testing on removed sediment for primary contaminants if requested. In order.to reduce cost, it would be beneficial for ER to provide a location for disposal of sediment removed from the streams and wetlands during the work. I . I G:\Proposals\Environmental Restoration LLC\Barber Orchard\Barber Orchard Pro Rev i.uocx i i i Mr. David Brinkmeyer May 10, 2011 Page 3of4 Altamont will conduct construction observation during the Plan implementation phase. Additionally, Altamont will prepare a final report that will be provided to ER for review prior to submittal the regulatory agencies: Schedule Altamont can initiate work on Phase 1 of the project immediately upon receiving written notice to proceed. Signing of our Agreement for Professional Services and Terms and Conditions documents will serve.as this notice. Altamont assumes that Phase 1 will require one day of office work and three days of field work. Altamont will prepare a Sediment Removal and'Streahn and Wetland Restoration Plan (Plan)as described in Phase 2 within two weeks of completion of assessment field work. Altamont will issue an additional proposal for Phase 3 immediately upon completing work for Phase 1 and 2. Estimated Cost The estimated cost to complete the Phase 1 and 2 of the proposed scope of services is! Altamont bills on the basis of time and expenses incurred. If necessary time and expenses are less than anticipated,the invoiced amount will be less than.estimated. If additional time or expenses are.required, Altamont will notify you of these changes as they are:recognized. Completion of Phase 1 of the project in accordance with the estimated budget and schedule is based on the foregoing descriptions and the following assumptions: • If wetlands are not recognized to be impacted on site,this could reduce the cost of the proposed scope of services. • Jurisdictional stream,and wetland determinations from ACE will be required. • A survey of the streams and wetlands on site is necessary. I • ER will supply the labor and materials.to remove sediment from impacted streams while Altamont observes these activities to be in accordance with the approved plans. • Altamont will solicit cost estimates from qualified contractors for construction of stream and wetland restoration. • Only minimal correspondence with DENR and ACE and one revision of the Plan will be required.• i • Altamont is provided access to work areas of the properties on an agreed-upon date without delay. j • Utilities will not interfere with the proposed work and that ER is responsible for all utility location associated with this project. • Inclement weather does not delay work progress. I i i i W Proposals Iriiviroininnentai Restoration��C��Bar bei 0,ci�aru�wa uEr CiBharu Pro�cv i.vv n _ 1 I i Mr. David Brinkmeyer May 10, 2011 Page 4 of 4 i Thank you for allowing us to provide you with this proposal. Please feel free to call or respond to me with any questions or comments you may have. Sincerely, i 7 7ENVIMENTAL, INC. i Joel Lenk, P.G. i I Enclosures: Agreement for Professional Services Terms and Conditions I l I f I i I I I f I r I f i } i G:\Proposals\Environmental Restoration L_LC\Barber Orchard\Barber Orchard Pro Rev 1.Docx I i i ALTAmil "IT VI R(, ) M E 'I'AL, hJC. f y, g- � Ent GI. 71 -f• spa, � " �� � o • i • � • � � � • i o • •4 ., r Y ;~ •. � .sPtY r f a� f i•-r w��», + 4',fit-*�� '�", Site Stabilization, Sediment Removal_, and Stream Restoration Final Report August 19;2011, Barber Orchard Superfund Site Page:ii Site Stabilization, Sediment Removal, and Stream Restoration Final Report Barber Orchard Superfund Site Waynesville, North Carolina -August 19, 2011 Joel D. Lenk, P.G. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Site Stabilization, Sediment Removal, and Stream Restoration Final Report August 19, 2011 Barber Orchard Superfund Site. Page iii Table of Contents 1.0 Introduction and Background.....................................................................:...........................................1 2.0 Site Stabilization and Stream Restoration.............................................................................................3 2.1 Site Stabilization........................................................................................................................3 2.2 Stream Restoration....................................................................................................................4 2.2.1 UT 5...............................................................................................................................4 2.2.2 UT 7................................................................................................................:..............4 3.0 Sediment Removal..............:..................................................................................................................6 3.1 UT 1............................................................................................................................................6 3.1.1 SA 1.1............................................................................................................................6 3.1.2 SA 1.2............................................................................................................................6 3.2 UT 5............................................................................................................................................6 3.2.1 SA-5.1............................................................................................................................6 3.2.2 SA 5.2............................................................................................................................6 3.2.3 SA 5.3............................................................................................................................6 3.2.4 SA 5.4:...........................................................................................................................6 3.3 UT 7............................................................................................:...............................................7 3.3.1 SA 7...............................................................................................................................7 4.0 Conclusions and Recommendations......................................................................................................8 5.0 References.............................................................................................................................................9 Figures 1. Site Location Map 2. Site Detail Map Appendices A. Representative Site Photographs and Descriptions P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August 19, 2011. Barber Orchard. Page 1 1.0 Introduction and Background The Barber Orchard site is located in Haywood County, North Carolina,_three:miles west of Waynesville (Figure 1). According to-the United States Environmental Protection Agency:(EPA),the former orchard consisted of approximately 438 acres and was used to grow apples from 1908 to 1988, at which time,the bank that was holding the-loan foreclosed on the owners of the orchard. In 1988,the bank began-.selling: tracts of the land in.various sizes. At the present time, some of the property is being used for agricultural production, commercial, cultural (i.e., churches), and light industrial purposes. The remainder is undeveloped, and it is anticipated that the majority of the undeveloped property will eventually be developed as residential property. In early 1999,the Haywood County Health Department sampled a concerned resident's potable well.. Pesticides were detected;which prompted.a larger sampling effort by the State of North Carolina. The. results were forwarded to the EPA, which initiated a pesticide removal action that began in.October 1999 and was completed in August 2000(.EPA). A subsequent phase of remediation is currentlytaking place and involves soil removal and remediation. The EPA Region 4 Superfund Division has taken responsibility for removing and remediating contaminated soils . at the Barber Orchard site. Environmental Restoration, LLC (ER) has been contracted by the EPA to remove contaminated soils over an approximately 120-acre area within the project area. Barber Orchard is located in the Richland Creek watershed, a sub-basin to the French Broad River Watershed. At least seven unnamed tributaries(UT) of Richland Creek,with perennial, intermittent, ephemeral,,and wetland components exist within the project site.:Perennial streams within and downstream of the project are classified by the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality(DWQ) as Class C Trout Streams. The DENR, Land Quality Section.protects. a minimum 25-foot trout buffer along classified trout streams. In-some locations within the remediation work project area,soil excavation and removal activities have impacted trout buffers, wetlands,springs,-and tributaries to Richland Creek. These impacts were described in a Notice of Violation and Recommendation for Enforcement and Injunctive Relief(NOV) issued by.DENR, Surface Water Protection.Section dated April 26, 2011 for the Barber Orchard Superfund Site. The NOV was issued to Mr.Jon Bornholm, Remedial Project Manager, EPA Region 4 Superfund Division and Mr. David A. Brinkmeyer, CHMM,..VP-Government.Contracts, Environmental Restoration,LLC.: The referenced NOV indicated a Response Deadline of.May 16, 2011. An extension was issued,by Ms. Susan Wilson with DWQ on May 16, 2011. Altamont Environmental, Inc. (Altamont)was contracted by ER on May 20, 2011 to address violations outlined in the,NOV. Between.the dates of May 26, 2011 and June 3,. 2011,Altamont conducted field work within and downstream of the project area. A draft Sediment Removal and-Stream Restoration Plan was submitted to ER and the DENR.on June 21, 2011. A meeting requested by DWQ:and approved by ER was conducted between Ms.Susan Wilson (DWQ)and Altamont on July 12, 2011 to discuss:DENR concerns and refine the referenced draft plan. A.final`ized Sediment Removal and Stream. Restoration Plan was submitted to DENR on July 15, 2011.- The Sediment Removal and Stream Restoration Plan outlined the following actions to be taken.by ER, • Develop a plan for future remedial activities to avoid existing tributaries to Richland Creek and protect the 25-foot trout buffer on either side of all identified streams • Stabilize areas disturbed by remedial activities at the.site.that are.impacting or have the potential to impact trout buffers and tributaries to Richland Creek • Restore headwater tributaries indicated in the Plan and on Figure-2 P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August 19, 2011 Barber Orchard Page 2 • Remove sediment that has impacted streams resulting from recent remedial activities taking.place at the site This Final Report describes the mitigation actions specified in the Sediment.Removal and Stream Restoration Plan and how they were implemented. Please note that not all of the work outlined in the Sediment Removal and Stream Restoration Plan has been implemented due to the fact that a large staging area (denoted in green on Figure 2) lies immediately upstream and upslope of UT 7a and Restoration Area 7,1. It is anticipated that this staging area will be used through early September, and has the potential to impact the restoration area. During a phone conversation on August 17, 2011, Ms. Susan Wilson agreed that it would be more effective to wait until ER has completed remedial work and has closed out and stabilized the staging area prior to restoring the referenced stream below the staging area. Closing the staging area is anticipated to take place by September 9, 2011, with restoration of UT 7a taking place within a week after that. Altamont will issue a letter to DENR describing the restoration work on UT 7a, along with photo documentation. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August 19, 2011 Barber Orchard Page 3 2.0 Site Stabilization and Stream Restoration 2.1 Site Stabilization As of August 17, 2011, disturbed areas at the Barber Orchard site appeared to have been stabilized.with an erosion control seed mix or a riparian buffer seed mix, mulch,fertilizer, and slope matting. Areas outside of the 25-foot trout buffer were seeded with an erosion control seed mix, which included: • 59.5%VNS Tall Fescue • 19.5%Annual Ryegrass • 9.75% Creeping Red Fescue • 4.8%White Clover • 4.7% Kentucky Bluegrass Areas inside the 25-foot trout buffer were seeded with a riparian seed mix, which included: • 20% Fox Sedge • 5%Soft Rush • 5% Lurid Sedge • 20%VA Wild Rye • 15% Deertongue • 10%Switchgrass • 25% Browntop Millet Since the Sediment Removal and Stream Restoration Plan was submitted and accepted by DENR, ER appears to have avoided and will continue to avoid disturbing the 25-foot trout buffer area from remedial activities. According to ER,the Barber Orchard site has become infested with Fall Armyworm (Spodoptera frugiperda). According to North Carolina State University's Center for Turfgrass Environmental Research & Education, "the fall armyworm feeds on a wide range of plants, but prefers grasses. Damage to bermudagrass in the southern U.S. is most common, but fescue, ryegrass, bentgrass, and bluegrass are also attacked. Lush, green turfgrass is the most frequently attacked host. Fall armyworm caterpillars feed only above the ground on the foliage of the turf. Larger larvae often consume most of the leaf tissue and in the case of bermudagrass,the turf often takes on the appearance that it has been subject to frost. The damage often begins along one edge of the turf area and moves across. Bermudagrass usually recovers from such damage, but feeding late in the fall may stress the turf going into the winter and result in some winterkill. Cool season turfgrass can be permanently damaged if the growing tips are destroyed." There is obvious evidence that the grasses on the site are suffering as shown in the attached representative photographs (Appendix A). ER stated that they have treated the grasses with a pesticide to rid the fall armyworm. ER has stated that care has and will be taken to keep pesticides out of the trout buffer and surface water at the site. ER is in the process of re-hydroseeding some of the steeper slopes and areas that have extensive damage to the vegetation and are showing signs of instability attributed to the fall armyworm and subsequent erosion. ER has stated that they are closely monitoring vegetative success of grasses installed at the site and is re-hydroseeding as necessary. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August 19, 2011 Barber Orchard Page 4 2.2 Stream Restoration Based on Altamont's assessment of the seven tributaries to Richland Creek at the Barber Orchard site, stabilization and restoration measures were needed on UT 5 and UT 7. Stabilization and restoration areas are referred to as RA(Restoration Area) in Figure 2 and are numbered according to which UT they are located on. Representative site photographs and descriptions referenced below may be found in Appendix A. 2.2.1 UT 5 2.2.1.1 RA 5.1 The large non-stabilized slope that was located east and upslope of UT 5 across from Myers Lane adjacent to RA 5.1 has been hydroseeded,fertilized, mulched, and stabilized with slope matting. This slope is one of the areas that has been treated for fall armyworms. Once the staging area, located at the top of the referenced slope is closed out(September 9, 2011), ER will stabilize this area using the same methods as used to stabilize the slope (Photos 8 and 9). Sediment fence within this area and the 25-foot trout buffer will be removed and reinstalled outside the 25- foot buffer once the staging area and slope are vegetated and stable. Disturbed areas within the 25-foot buffer will be seeded with a riparian seed mix. Seeded areas will then be fertilized, mulched with straw, and matted. Care will be taken to keep fertilizer out of the stream. The landowner of the property where RA 5.1 is located has stated that he does not want live stakes or bare root installed within the buffer area. Unless the DENR informs landowners on the site that woody vegetation must be installed within trout buffers, ER will not install any additional vegetation within the buffer other than the riparian seed mix. ER can provide contact information to the DENR if requested. 2.2.1.2 RA 5.2 The non-stabilized slope located east and upslope of UT 5 at RA 5.2 has been stabilized with seed,fertilizer, mulch, slope matting, and riprap. This slope was also infested and treated for fall armyworms, but appeared stable on August 17, 2011 (Photos 10, 11, 12, 13, 26, and 27). Three sediment traps have been installed to treat stormwater runoff at RA 5.2 before entering UT 5 as shown on Figure 2 (Photos 14, 15, 16, 17, and 18). Slit fences have been removed from the 25-foot trout buffer and vegetation appears to be thriving within the buffer (Photos 18, 19, 20, 21, 22, 23, 24, and 25). 2.2.1.3 RA 5.3 The culvert that conveys UT 5 beneath an existing crossing in the area designated as SA(Sediment Removal Area) 5.4,which reportedly had been partially crushed prior to ER's work, remains damaged but appears stable. ER stopped using this crossing for site access after the Sediment Removal and Stream Restoration Plan was finalized and submitted. This area and access route were seeded with a riparian seed mix and mulched with straw, and the vegetation appears to be thriving(Photos 31 and 32). 2.2.2 UT 7 2.2.2.1 RA 7.1 The staging area denoted in green on Figure 2 upstream of RA 7.1 will be closed out and stabilized by September.9, 2011 according to ER. Once the staging area upstream of RA 7.1 is regraded and stabilized, P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August.19, 2011 Barber Orchard. Page.S restoration work outlined in the,Sediment Removal and.Stream Restoration.Plan will be implemented. Altamont will follow up with a letter to DENR documenting that UT 7a has been restored and.that slopes adjacent to RA 7.1 have been stabilized. 2.2.2.2 RA 7.2 The slope upstream and adjacent to.the.intermittent UT 7b, where RA 7.2 is located, appears stable, is vegetated, and is matted. The buffer is seeded with a riparian buffer seed mix and slope matting,is: installed. The intermittent UT 7b channel appears stable and little flow was present during,a site inspection conducted on August 9, 2011 (Photo 38)...The property owner declined ER's request to install livestakes and bare root on UT 7b (Photos.35 and 36). ,However, ER installed a temporary sediment trap upstream of UT 7b (Photo 38) 2.2.2.3 RA 7.3 Vegetation is established and:appears.to be thriving within.the 25_foot trout buffer alongthe RA.7.3 reach. The property owner declined ER's request to install live stakes and bare root on UT 7c (Photos-39 and 40). P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August 19, 2011. Barber Orchard Page 6 3.0 Sediment Removal Based on Altamont's assessment of the seven tributaries to Richland Creek at the Barber Orchard site, sediment removal measures were needed on UT 1, UT 5, and UT 7. Sediment Removal Areas are referred to as SA in Figure 2 and are numbered according to which UT they are located on. Representative site photographs and descriptions referenced below may be found in Appendix A. 3.1 UT 1 3.1.1 SA 1.1 The property owner of the parcel where the pond at SA 1.1 exists will not allow sediment removal from this area. ER can provide contact information to the DENR if requested. Altamont's opinion is that removal of accumulated sediment from the pond would be preferable, but that leaving the sediment in the pond may be acceptable due to the sediment apparently becoming stabilized with vegetation (Photos 1 and 2). 3.1.2 SA 1.2 Sediment has been removed from SA 1.2 and from the pond downstream of area SA 1.2 using a vacuum truck. Approximately seven cubic yards of sediment was removed from both ponds and was disposed of off- site at the Canton, North Carolina paper mill landfill currently operated by Evergreen Packaging(Photos 3, 4, 5, 6, and 7). 3.2 UT 5 3.2.1 SA 5.1 Sediment located at SA 5.1 was removed using an excavator and was disposed of off-site at a Canton, North Carolina paper mill landfill currently operated by Evergreen Packaging. Additionally, a sediment trap was installed in this area (Photos 14, 15, 16, and 17). 3.2.2 SA 5.2 Two sediment traps were installed uphill of SA 5.2 and were sized and positioned to detain and filter stormwater prior to it flowing from the BMP (Photo 28). According to ER, installation of these two sediment traps addressed the flow of concentrated stormwater to the extent that installing the sediment trap at SA 5.2 was unnecessary. SA 5.2 has been stabilized with seed, mulch, and rip rap (Photos 18, 19, 20, and 21). 3.2.3 SA 5.3 Sediment located at SA 5.3 was removed using an excavator and was disposed of at the Canton, North Carolina paper mill landfill currently operated by Evergreen Packaging. The area was stabilized with seed, mulch, and slope matting and vegetation appears to be thriving(Photos 29 and 30). 3.2.4 SA 5.4 Sediment located at SA 5.4 was removed by hand using buckets and shovels (Photos 33 and 34). P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August 19, 2011 Barber Orchard Page:7 3.3. UT 7 3.3.1 SA 7 Sediment removal will occur at SA 7 as outlined in the Sediment Removal and Stream Restoration Plan once the staging area uphill from UT 7 has been closed out and stabilized. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August.19, 2011 Barber Orchard Page 8 4.0. Conclusions and Recommendations Some site stabilization and erosion control measures were installed by ER prior to Altamont being under contract for construction observation and were installed without Altamont's observation. Altamont will be.:' on-site during all stream restoration activities on UT 7 which will occur beginning September 9, 2011. . Altamont will conduct an inspection•of the site when observing final restoration work. Altamont recommends that members of Division of Water Quality and Land Quality Section of the DENR makefiollow-up site visits to ensure compliance with land quality and surface water regulations are being met. Furthermore;Altamont recommends that the DENR contact the property owners at.the site and inform them of Land Quality:and Water Quality regulations pertaining to the protection of surface waters and associated buffers at the site. qs P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx Sediment Removal and Stream Restoration Plan August.19, 2011 Barber Orchard, Page 9 5.0 References United States Environmental Protection Act, 2000.. http://www.er)a.P-ov/region4/waste/npl/­npinc/barbernc.htm North Carolina State University, Center for Turfgrass Environmental Research & Education ..http://www.turffilos.ncsu.edu/insects/falI armyworms.asax P:\Environmental Restoration LLC\Barber Orchard\Final Report\Final Report.Docx FIGURES' . r ``� r�.�—' �j '"� �,.'`�m.-`" :.,�fisj / �-�2 ,,4;(q7r,/ �-^ � `';P"''' `=�'•,•y,.�, om. � / , ""' II ( '_•-;`r *�y.'�.x"�, /°�:•"' }.ii 'i;+'�... !r n ��,..� '�',,,•ap, i (p"r„-.1�"^� � 4i ' :_ \l��p� •���`.^4� S - \+ `�T S-jr':ILr= - �« 4`a..��� �1 4c "$, 't• � r �. if Location i.�.�7''�,.fre,', t -:. ..�. .q 4•:�s �' �jl l •I� Q s.L r'S (R +.+ �P� �"`+� �_ +;� � � s� • .sr a .�+ Do aj'rs mo I (•�',F,��f �.�. + � s F� ,•� - m h ��,J �— -t ..> ; 1 } � �`•�.�\p`s.-�• C 0 tl F f� .-J°' t -� _.i 1 ;{t F..y,• ,i/ t • ,�°' //'11 PPP ..• '<,, c:j �,' s 'J /`r —, (. 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'Y�,. ���� �' t� ,'(�,� '. � �., c" i�� r'� Y..A' vL 4 It � L��,� -� s.� t• .:�_ Aar. s rtr,s � � 'R � ct °��r � � ��;;�t ��y���1�. c= g "* ,, hdo ° Y� �� �4 'w � ��� r`P,� t� -'; x�"C"�, � ,7 pi".�+�� ee �y ,d � � �'_ �•� �� ��f 1 �� � S ' ` AL, n *!a° S f qvE Y" �" f{x}�y ✓ f 'ems I� �p lk �r �\��'y *K'�'P i � 'x �n-# v r �tl�'eTi'+�tr', °f �x�r •''R_' � TREATMENT TYPE STREAM TYPE BucNET AN.SHOYEL n u 0 ENEEMERAL FIGURE o INTERMITTENT ®SEDINENT TRAP -PERENNIAL SITE DETAIL MAP APPROXIMATE STAGING AREA REGRAOE ANG STAS.LIZE ®A­ TE RESTORATION AREAS —+-RAILROAD BARBER ORCHARD ®REMOVE SEDIMENT AND RELOCATE SILT FENCE SOIL REMEDIATIDN TRACTS AND ID NIIMEERS 107 BARBER HILL DRIVE —RGADs WAYNESVILLE, NORTH CAROLINA 2 ®VAGLUM TRE- 20-FOOT INTERVAL CONTOURS ®NOT TREATED ®MAJGR CULVERTS P.\ENVIRONMENTAL RESTORATION LLL\BARBER ORCHARD\FIGURES\GIS\SITE DETAIL MAP.MXO APPENDICES -. ' t , . .. - - �, a - ,, \ \ .1 - l I - ' _ - 4' .- - - _`. . ".�: :. .. !f - 4 - _ - - - -. } - ). J.` - ,A * �' r 4 APPENDIX A 1 Represents Jve- Site Photograph- and Descriptions - - 1. - 1. _ - 1. �.� ;- f . '! , , ,, - ;'- ` ` - l� .9. J '• - " :'1� 1. :. I''I ,I ' _ 1 .k .. - - .. - f - , ; - . . . v - .� - '_ - . . . - _ _ -4.., - .' r - "' '�, t - _ w'k _ - . . r - r. :,. , - - - Representative Photographs August 19, 2011 Barber Orchard SUperfund Site Page 1 Unnamed Tributary 1 i r Rr ti p�`Y 4 'S N Photo 1. Pond on Unnamed Tributary(UT) 1 and Sediment Area (SA) 1.1 where sediment was not removed due to the property owner not allowing sediment to be removed from the pond. a- m it s � N •t x?'"& e} ^ a r w ,x ,' Photo 2. Close-up view of sediment in SA 1.1 on UT 1 and vegetation becoming established. P:\Environmental Restoration LLC\Barber Orchard\Final [Report\Ap pen dices\Representative Photos.docx Representative Photographs August 19,2011 Barber Orchard Superfund Site Page 2 ti t }s r g r � r _.. ., -�.-.. .. _:,�.. �,,,,.. x ,.:� � _`i.`--tea ,. °_ :� .�% •' Photo.3. View of in-line pond on UT 1 downstream of Sparks Drive prior to sediment removal with a vacuum truck. } �a Y�at e c �s Photo 4. Sediment being removed from the pond at Sparks Drive. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx Representative Photographs August 19,2011 Barber Orchard Superfund Site Page 3 +dr fA E•sy'"` r ,`. !X 3 ee ra !* b T r tw r � ` " �r•"j"'p 4?" . t e°'";.?� r .a r � Photo.5. Pond at Sparks Drive post-sediment removal. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx Representative Photographs : August 19, 2011 Barber Orchard Superfund Site Page 4 t r« ti r �*. . �.��� � fit' sJ[.`^• *-•, '?�` � ,��-� - ' was,�'+'�; . � g r Photo 6. View of in-line pond on UT_1 and SA-1.2.prior to sediment removal. - ZN ffi 10, �a . (t ,icx •psi`\ �.- � , �, { �,."""�� ••v � w�t �r a�^ yew y 6',.• { � S € s / tom? yr� ' r Photo 7. SA 1.2 post-sediment removal from a vacuum truck. P:\Environmental Restoration LLC\Barber Orcharffinal Repo rt\Ap pen d ices\Re presentative Photos.docx Representative Photographs August 19, 2011 Barber Orchard Superfund Site Page 5 Unnamed Tri.butary.5 , Casa - - to Photo 8. View UT 5.at Restoration Area (RA)5.1 and Soil Remediation Tract(SRT) 13 prior to stabilization. ,' t°t. g �ry a Az a - _ v a t Photo 9. View of SRT 13 post-stabilization by hydroseeding;matting;fertilizing,and mulching. Vegetation on this slope was impacted by fall armyworms and will be reseeded once the adjacent staging area is closed:out and stabilized. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx . Representative Photographs August 19,2011 Barber Orchard Superfund Site Page 6 P Photo 10. View of SRT 31 and UT 5 on (right side of photo) looking upstream from Sour Apple Lane, prior to stabilization. 15•. 6 ✓ .yam 2 "-;1,-# . ar 1�"i�.-w.s., ac a,_.;vs.'�'�ir C.�s1 M - .0 Photo 11. View of SRT 31 adjacent to UT 5 post-stabilization with rip rap and crushed stone: The slope was infested with fall armyworms but appears stable. Vegetation may recover on its own. This area continues to be monitored by ER and will be reseeded if necessary. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx Representative Photographs August 19, 2011 Barber Orchard Superfund Site Page 7 Y±• - f- ) Photo 12. Additional view of SRT 31 prior to stabilization. Photo 13. Slope at SRT 31 adjacent to UT 5 post-stabilization with riprap and stone. P:\Environmental Restoration LLC\Barber Orchard\Final Repo rt\Ap pen d ices\Re p rese ntative Photos.docx Representative Photographs August 19, 2011 Barber Orchard Supen`und Site Page 8 - h b� i Photo 14. View of UT 5 and SA 5.1 prior to sediment trap installation. MITIM4 . sZ .fy^-i s � � �' ti G ;�ea�„y� r..yc. +r�`�`-'�"`` y �,,�•Ypr•„'�hs,� v." '`-+;4^ Photo 15. View of sediment trap installed at SA 5.1. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx Representative-Photographs : August 19,-2011 Barber Orchard Superfund Site Page 9 - � x - �M. z ,r �sa �S Photo 16. Additional view of SA 5.1 prior to sediment trap installation. M a MOM _Y*H Pil .¢i Photo 17. :Additional view of.sedimenttrap:installed at SA 5.1. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx ' Representative Photographs"" August 19, 2011 Barber Orchard Superfund Site Page 10 yk i�u'e } x � p t� p a 'x, p,tq On a 2` 'ram`-`-^�,'��=..�.� tr,..4`-'atz.&�. a��. ,�a.-�c.i+.�,..,, -s"��.^-:�.fi_ "?• - Photo 18. View of UT 5,SRT28,and SA 5.2 within buffer of UT 5 prior to sediment trap installation. ' 1 I MA YMM lit I Tuo k gr r T J i a Y. Photo 19. View of UT 5.with silt fence removed from the vegetated 25-foot trout buffer area. SA 5.2.has been . regraded and stabilized with riprap, riparian"seed,and mulch. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx Representative Photographs August 19,2011 Barber Orchard Superfund Site Page 11 qq Ax t 1. Photo 20. Add.itional view of SA 5.2 within buffer of UT 5-p.rior to stabilization. ��,, y{ V FN yy 4'0� t g PF to v _ av Photo 21.'Additional view of SA 5.2 post-stabilization. P;.\Environmerital Restoration LLC\Barber-Orchard\Final Report\Appendices\Representative Photos.docx= Representative Photographs August 19, 2011 Barber Orchard Superfund Site Page 12 Sgo to''w; e�"s st..:s•. ^.6f , ti .4C'tatg^,F" : - Photo 22. View of LIT 5 looking upstream from Sediment Removal Area 5.2 prior to stabilization. . r r i . r s+� .. - All e Photo 23. View of LIT 5 and sediment fence removed from the vegetated 25-f66t trout buffer. Note that the property owner appears to be mowing inside.of.the 25-foot trout buffer. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Ap pen dices\Representative Photos.docx = Representative Photographs August 19, 2011 Barber Orchard Superfund Site Page 13 4 1 a F F � � F t° a Photo 24. Additional view of UT 5 looking upstream from Sediment Removal Area 5.2 prior to stabilization. v ram. Photo 25. View of UT 5 and sediment fence removed from the vegetated 25-foot trout buffer. P:\Environmental Restoration LLC\Barber Orchard\Final Repo rt\Ap pe nd ices\Rep resentative Photos.docx Representative Photographs August 19, 2011 Barber Orchard Superfund Site Page 14 a aF 77 -ate � � ZA x e r. Photo 26. Additional view of.UT 5 looking downstream from Winesap Lane at SRT 28 prior to stabilization. , 4 � � rq } y3v y ate = ^� w x 1 Photo 27. View of SRT 28 infested-with fall armyworms. This area continues to be monitored by ER and will be - reseeded if necessary._, P:\Environmental Restoration LLC\Barber Orchard\Final Report\Ap pen d ices\Re presentative Photos.docx Representative Photographs August 19,2011 Barber Orchard Superfund Site Page 15 x�ai•,+y" ;.+Yo- �.',,�� ,,.s:'`—� .mac ,�'k�,,���.�- �^ ��,�, •ece`� 't�`��� *"a �'r�' �^r s.L,L��j,„„� a'"1 ,4a" -„t^'ky��y •�{ ;?, v34t Photo 28. View of two sediment traps,which replaced the sediment trap proposed at SA 5.2, installed on SRT 28, uphill from UT 5. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx , Representative Photographs August 19, 2011 Barber Orchard Superfund Site Page 16 a.t. W. - .=sl�.:" �` .ram "`�.�•. �4 - .i� - c Photo 29. View of SA 5.3 looking downstream at in-line pond on the other side of Gordon Drive prior to stabilization., e x k'•,r 4 Photo 30. View of SA 5.3 post-sediment removal and stabilization.': P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx r r X nV, fro,,, r n dr. xi r YS G'y p_�-i`'}•ta�xx ��. .wy, xw " -,'°' Ex ,•'"w:.'st£fit Ni zk- x.y x Jy �� •• r,� y;,M y 1 �w"�rm .k (q1 �r � y.. an ri � t • 1 «J�si',� nll � •r` �����".r •• i � �i'`'', � � �1��,�.� .L a���r '"'.+e +yx��.., w x'�'>��' `^W ��''Y 4q'�"�`�w•+Rc+D � f�.�' � � •s'►•-}�t 4 �a3• ��,.4�5" "'µ�,,��' �,.4- : � „pY r'.»�, n{r T�r�`!.�s ,r�i y�4 '`r `� �,�,x 01 Etiit>i may,�,� � � { � ,�•ay r� � 3 ��3 2fI �.(n�.��e< .f=4:,,sti �'"��,:�. 1 •� S �S'`id ,.p4:i�•l'r y;� r..` �• a 'X��" ~!.+}.. �*' =�e•w��+ l l'{"!� ' � P' !"fy`• �r.t ♦ I+x.• "` 3'�' A\Jt "�..}. ;lYzfj^r� � A +a p`�r 1, �•��I Sin y„'�� f x e�� ~ S :� x,�., ��' �.a� c �*'��y „„ .ri..�.• .«"#F"'.+'�•.tiy'�f i� x.`.�.=� '� ���j 1 -r� ,q�1" � !r 1 A AN •'�-` `" s,;• < �,'�.. ��� .;,K,,p � F yam, pf V- FYI ICU, r lei �'°'i. � � � ��H•� dy�y���«�.._� ywd�m'� Fes•.. �`'i ems. >i�"'- �Ra �`,�� `r, 1 •" '`� '.,.. '`.r` ��. :.. .c: ��w• `. -y►° �^ar ski'�y ` �''�.t "'� y ;ff v } }, Vm 'A /- A < F - r . ' Representative Photographs August 19,2011 Barber Orchard Superfund-Site Page 1.9 .Unnamed Tributary 7 t Photo 35. View.of.UT 7b looking downstream from Cross-Section 7.1;which will be addressed as RA 7.2 A sr z X �T 4 &Aa Photo 36. View.of RA 7.2 on intermittent stream UT 7b and channel that appears to be becoming stable with vegetation becoming established. Property owner has declined to allow woody vegetation to be_installed in the: form of live stakes and bare root in this area. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Ap pen dices\Representative Photos.docx Representative Photographs August 19,2011 Barber Orchard Superfund Site Page 20 ca ' x.p g Photo 37. View of an additional sediment trap installed on SRT 30 uphill from UT 7b. ?gyp Ss 9 Photo 38. View of slope adjacent to UT 7b post-stabilization. P:\Environmental Restoration LLC\Barber Orchard\Final Repo rt\Ap pen dices\Representative Photos.docx Representative Photographs August 19, 2011 Barber Orchard Superfund Site Page 21 s ' TO yyY Photo 39. View of UT 7c and RA 7.3 immediately upstream of Applehill Drive. F � SY Photo 40. View of RA 7.3 post-stabilization. Property owner has declined to allow woody vegetation to be installed in the form of livestakes and bare root in this area. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx Representative Photographs : August 19,2011 Barber Orchard Superfund Site Page 22 Work Completed not included in the Sediment Removal and Stream Restoration Plan 2 rr a4 Photo 41. Stabilization and sediment and erosion control measure installed on SRT 24: ,t 4L4yiy°50t 517� A 4.4,�f� f 'i.�R{�d`w � +�.+ktr31•�'4..�'� yr4.0 . Photo-42. View'of structure installed on SRT 2. P:\Environmental Restoration LLC\Barber Orchard\Final Report\Appendices\Representative Photos.docx WENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A Sig item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse14 so that we can return the cam to vni 1 :inted-Name C.Da et $^ North Carolina Department cr`,'i y. e::' Environment and Natural.;: ources different from item 1?7 0`es, Division of Water Gig`1 Av-bry addregq belowf•-2❑�No" i Surface'Water Protection Sectit G NCDENR 2090 U.S.Highway 70,iSwannanoa '� 28778:�� N Mr. Jon Bornholm, Remedial Pro J g ect Mana er' ° . t USEPA Region 4/Superfund Division le 61 Forsyth Street---- certi led Mail 0 �i _'l I/ �- press(Nail Atlarta, GA 30303 ❑ eglstered Return Receipt orMerChandise Insured M_a'i El C.❑ O.D. 'r» t -- — 4. Restricted-Delivery.?.(Eztra Fee) ! .❑ es 7010 1670` 110E13 `08`7�4 '65.05 ^/ybf/ ;-'Lo/( = 5S: -pan PS Form 3811,February 2004 Domestic Return Receipt 1 n2sss-oz-M- N�•p/", J�� k'T1 D STATES POSTAL SERVICE "r First- Ias�Mai ,,Post ge Fees laidSender: Please print your name, add�1ss;,and +� this boxC-°.� •- ��/ tip -, SUSAN WILSON �,.J NCDENR-DWQSWP C �f 2090 U.S.HIGHWAY•70 SWANNANOA NC 28778 ii„I,1„f,,,l,l,,,f ZENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sigh tur item 4 if Restricted Delivery Is desired. _ Agent ■-Print-vour name.and address on the reverse /`:a._` ❑Addressee f; me T7a e)'\` = C Date of Deli ery North Carolina De rt ent ff=/ �� P� ,�.r •. Environment and Natura� 6rcks ,`': C ti Division of ter Quality•ess differentfrom item 1? -Yes R_ ��DG�� Surface Water Protection Section,eliyery address below:- ❑ No-, ` 2090 U.S. Highway 70,Swannanoa, NC 28778 )avid A. Brinkmeyer, CHMM /P-Government Contracts ` /V ;onmental Restoration, LLC -3. SenilceType 1666 Fabick Drive E3.Certified Mail ❑'Expi�ess Mail" it. Louis, MO 63026 ❑Registered' ❑ Return Recelpt,for rchandise ❑Insured Mail ❑C,O.D„'• 4. Restricted Delivery?(Extra Fee). ,. Yes - 7[]] 18710 00[]3 0874i6512; U(/~ Zol S.S - Q o { i• PS Form 3811. February 2004 Domestic Return Rereint 1n7F9F_n7_M-9R41 UNITED STATES`POSTAL SERVICE-\ First-Class Mail r 1 Postage&Fees Paid USPS ti= : ; •' a:� Permit No.G-10 Sender:Please print your name, address, and ZIP+4 in this box • SUSAN WILSON J NCDENR-DWq-SWP \ 2090 U.S.HIGHWAY 70 > / SWANNANOA NC 28778 I` : ZENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. n i, rQ ■ Print your name and address on the reverse X + ~ &,#-JAddys�qE r so that we can return the card to you. nted.Na_me) I very North Carolina Depa cnt of ir> '(f ��::' Environment and Natural R s ces 3 differgnt from item IF-0-Yesi' t Division of Wate uality, ^ i reryaddress f�5elow: ❑Na r Surface Water PLotection Section 4 Na NCDENR 2090 U.S. Highway 70,Swannanoa, NC 28778 Attn-,Environmental Restoration, LLC . Corporation Service Company Xegistered Ice Type,, 327 Hillsborough St. ertified�IVld4jeturn xpress Mail ' Raleigh, NC 27603 Receiptf M rcha Ise ❑ Insured MailO.D. 4. Restricted Delivdry?(Extra Fee) ElYes i 7010 1870 0003 0874 6529 - nlov Zola- SS 3S Form 3811-Fehninry 9nnd nnmagtin Rnfiirn Raraint in�FQk-n9-M-i Fdi UNITED STATES POSTAL SERVICE; First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please. print your name, address, and ZIP+4 in this box • Y SUSAN WILSON NCDENR-DWQSWP 2090 U.S.HIGHWAY 70 SWANNANOA NC 28778