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Home My WebLink About2020.10.16_CCOA.p.2.c.ii_ChemoursSeepCConstructionLetter The Chemours Company Fayetteville Works 22828 NC Highway 87 W Fayetteville, NC 28306 October 16, 2020 Sheila Holman Assistant Secretary for the Environment 1601 Mail Service Center Raleigh, NC 27699-1601 sheila.holman@ncdenr.gov Kemp Burdette Cape Fear River Watch 617 Surry Street Wilmington, NC 28401 kemp@cfrw.us Re: Consent Order Addendum - Seep C Construction Schedule Dear Ms. Holman and Mr. Burdette, On behalf of Chemours, I am writing regarding the schedule for the flow-through cell system being constructed for Seep C pursuant to the Consent Order Addendum. As you know, the Addendum provides for the construction of the flow-through cell system to be completed by November 16, 2020. Paragraph 7 specifically contemplates, however, that the schedule may need to be adjusted to account for delays in obtaining necessary permits. Paragraph 7 provides: Chemours shall submit timely and complete applications and take all other actions necessary to obtain any necessary permits or authorizations to carry out the requirements of this Addendum in a timely manner. In the event that Chemours is unable to obtain a permit in adequate time to allow compliance with the deadlines stated in this Addendum, such noncompliance shall not be considered a violation of this Addendum subject to enforcement provided Chemours demonstrates to the reasonable satisfaction of DEQ and Cape Fear River Watch that it exercised best efforts to timely fulfill its permitting obligations. As Chemours has regularly discussed with DEQ, the time of receiving permitting approvals, which were beyond Chemours’s control and despite Chemours’s best efforts, have resulted in a delay of several weeks in the construction of the Seep C treatment system. That construction has required a number of permits, including a permit under Section 404 of the Clean Water Act. It was uncertain whether the Seep C flow-through cell design would require an individual Section 404 permit, or whether a nationwide permit could be used. Nonetheless, Chemours submitted an individual Section 404 permit application for Seep C to the Wilmington 2 District of the U.S. Army Corps of Engineers on August 13, 2020, the same day the Consent Order Addendum was signed by Chemours (and what turned out to be two months before the Addendum was entered). Chemours had been in frequent contact with the Army Corps prior to that time, to best assure an informed and timely permit review and approval process. The Army Corps informed Chemours on August 27, 2020 that an individual Section 404 permit would be required, and that the Army Corps would provide for a 15-day comment period, which ran from September 1 through 15. See https://saw-reg.usace.army.mil/PN/2020/SAW-2019-00206- PN.pdf (“The Wilmington District, Corps of Engineers (Corps) received an application from The Chemours Company, LLC seeking Department of the Army authorization to permanently impact 0.16-acre of wetlands and 120 linear feet of stream channel associated with a flow-through cell in-stream water treatment pilot study in Bladen County, North Carolina.”). While the permit was pending, Chemours remained in close contact with the Army Corps and provided prompt responses to questions and requests. We were also in close contact with DEQ, which provided invaluable assistance in facilitating the Army Corps’ approval process. Nonetheless, the Army Corps did not issue the final permit and authorize Chemours to begin construction activities in the Seep C stream bed until last week (authorization was provided on October 7). The Army Corps had directed Chemours that it could not commence construction in the stream bed until the final permit was actually issued. In an effort to expedite construction, and stay as close to the Addendum schedule as possible, Chemours had previously commenced construction-related activities outside the stream bed (for which the permit issuance was not required), and directed its contractors to complete as much of the preparatory work as could reasonably be accomplished. Upon receipt of the October 7th Army Corps authorization, Chemours promptly commenced construction activities within the stream bed. As Chemours had told DEQ as the permitting process was taking place, even with commencing out of stream activities prior to permit approval, the Seep C construction schedule contemplated a September 15 start to work in the stream bed in order to meet a November 16 completion date. Since the permit issuance and authorization did not take place until three weeks later, that has necessitated an adjustment to the remaining schedule. Please find enclosed Chemours’s revised schedule for completing construction of the flow-through cell system for Seep C, with anticipated completion during the week of December 13, 2020. The schedule is based on working 10-hour days, six days a week (excluding Thanksgiving), with contingency for two weather events (given historical experiences). We believe this schedule represents an expeditious plan for completing construction, in light of the permitting delays, and falls within the scope of Paragraph 7.1 1 While the delay in the completion date may turn out to be slightly longer than the delay in permit issuance, that is a result of the need to account for the Thanksgiving holiday, and the likelihood of more adverse weather events in late November and early December than would have been expected in late September and early October. That said, Chemours has instructed its contractors to look for opportunities to further expedite completion. 3 Please let us know if you have any concerns with the revised schedule or need any further information to evaluate it. We can also arrange a remote tour of the construction site if you would find that useful. Additionally, as discussed with DEQ, Chemours is moving forward expeditiously with the permitting for Seeps A, B, and D, and, as that proceeds, will evaluate whether that process may require any further changes to the Seeps schedules. If you have any questions or would like to discuss this matter further, please contact me at Brian.D.Long@chemours.com. Sincerely, Brian D. Long Plant Manager Chemours – Fayetteville Works Enclosure: Seep C Construction Schedule Cc: William F. Lane, DEQ Francisco Benzoni, NC DOJ Michael Abraczinskas, DAQ Michael Scott, DWM Danny Smith, DWR David C. Shelton, Chemours John F. Savarese, WLRK Geoff Gisler, SELC IDTask ModeTask Name Duration1SEEP C2Mobilization1 day3Access Road and Laydown Area Grading3 days4Access to Seep C Granted1 day5Soil Bench Material Import3 days6Seep Channel Regrading 1 day7Seep Bench Construction 3 days8Sheet Pile Installation 10 days9Earthen Material Remove and Recompact Between Sheets5 days10Install Aggregate Subgrade In Dam1 day11Form and Pour Flow‐Through Cell & Bypass15 days12Install Piping and Weirs in Flow Through Cell5 days13Carbon and Aggregate Installation2 days14Install Concrete Cap on Dam2 days15Restore Aggregate Roadway and Access Pad1 day16Asphalt Installation2 days1718192021222324202741118251815222961320Oct '20Nov '20Dec '20TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: Seep Installations on SDate: Fri 10/9/20