NC0001606250_20040910_Cristex Drum_FRBCERCLA C_REC Correspondence 2002 - 2004-OCR

• •
Cristex Drum
Oxford, Granville County
NC000\606250 REC Document Log
DATE DOCUMENT INITIALS
9/17/2002 Letter notifying RP ofREC's Temp. Disqualification JP
10/11/2002 Phase I Remedial Investigation Workplan JP
10/31/2002 Letter from RP's Attorney w/ name of new REC JP
10/31/2002 Letter from DWM transmitting AOC amendment JP
11/15/2002 Letter from RP's Attorney transmitting AOC Amend. JP
12/9/2002 Letter from RP's Attorney confirming receipt of AOC JP
Amendment
4/14/2003 Annual Progress Report JP
5/13/2003 FY 2003-04 REC Admin. Fee Request Letter JP
6/19/2003 Memorandum from J. Stanley JP
10/22/2003 Memorandum from J. Powers to J. Stanley JP
10/22/2003 Letter to REC transmitting above two memos JP
1/31/2004 Electronic Mail (1/23/04-1/31/03) KC
2/2/2004 Memorandum from IHSB to file Re: 2/2/04 Meeting KC
4/8/2004 Annual Status Letter Report from REC KC
5/3/2004 Letter to REC informing REC & RP ofrptg. Require. KC
8/27/2004 Email fm. REC notif. OfCristex withdrawal fm REC Prog. KC
9/3/2004 REC Program Withdrawal Notification KC
9/10/2004 Memo to file dissolving the REC AA KC
• ~it'A
MCDENR
•
REC-LEAD
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management
MEMORANDUM
Date: 9/10/04
To: File
~-z'C
From: Kim T. Caulk, Hydrogeologist
Inactive Hazardous Sites Branch
Re: Cristex Site
Oxford, Granville County, NC
NC000160650
Michael F. Easley, Governor
William G. Ross Jr., Secretary
I spoke with Mr. Bill Bruce (662-8196) of Cristex and discussed the site status and proposed withdrawal of the site from
the REC Program. I informed him that the Administrative Agreement would be dissolved and the site placed back onto
the State Inventory of Sites. I also informed him that in order for the site to re-enter the REC Program, a new AA would
have to be signed.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] \ FAX [phone] \ Internet http://wastenotnc.org
An Equal Opportunity/ Affirmative Action Employer-Printed on Dual Purpose Recycled Paper
• ij[-J,1 DUNCKLEE
&DUNHAM
September 3, 2004
Mr. Kim Caulk
North Carolina Department of Environment and Natural Resources Superfund Section -Inactive Hazardous Sites Branch 1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Reference: REC Program Withdrawal Notification Cristex Drum Site
Oxford, Granville County, North Carolina NCOOO I 606250
Duncklee & Dunham Job No. 23400
Dear Mr. Caulk:
•
ENVIRONMENTAL CONSUL TM-ITS
511 KEISLER DRlVE -SUITE 102
CARY, NORTH CAROLfNA 2751 I OFFICE: (919) 858 -9898
. 919 858-9899
As requested by Cristex, Inc. (Cristex), Duncklee & Dunham, P.C. (Duncklee & Dunham) has prepared this letter report to withdraw the above referenced site from the Registered Environmental Consultant (REC) program, at least temporarily. This letter serves as notification to the North Carolina Department of Environment and Natural Resources (DENR), Division of Waste Management, Inactive Hazardous Sites Branch, Superfund Section, that work under the REC program is being suspended by Cristex.
We are withdrawing this site from the REC program only because of cash flow problems. Cristex intends to re-join the REC program as soon as it is feasible, and views this as a temporary suspension only. In your correspondence of May 3, 2004 and in several follow-up telephone conversations, the REC program requested information gathered during the remedial investigation for placement in the REC program files. Therefore, this report also serves to provide the REC program with the pertinent field and laboratory testing data collected to-date.
We have not completed implementation of the scope of work. Tasks remaining in the Phase I Workplan include the sampling of two newly installed monitoring wells, the collection of ground water level data, updating the site survey with sampling locations, the performance of analytical data validation for the samples collected to-date, the sampling of soils/sludge from the lagoon (AOC-4), and the preparation of associated reports to the agency.
Note that much of the information collected during the remedial investigation (Rl) has not yet been reviewed for accuracy and completeness according to the REC program requirements for certification per ISA NCAC 13 C .0306 (h), (n), (o), or (p). For example, RI work was suspended before the soil analytical laboratory methods and results could be validated for accuracy and completeness per Appendix
M.,rLING ADDRESS -POST OFFICE Box 33366 -RALEIGH, NORTH CAROLINA 27636
• • Cristex Facility
Oxford, North Carolina
September 3, 2004
Page 2 of2
A of the REC program rules. Similarly, sampling locations have not been established by a North Carolina registered land surveyor per Appendix A.6 (d).
The following information and data for the Cristex site are attached:
• Soil gas data collected from beneath the building floor,
• Follow up soil sampling results from beneath the concrete building floor,
• Soil sampling analytical reports for the former drum burial area,
• Soil sampling analytical reports for the former drum storage/concrete pad and drainage ditch area,
• Well construction information for a shallow and deep ground water monitoring well, and
• Waste disposal manifests for soil cuttings, purge water, and sampling wastes.
Attached are the notarized signatures of the duly authorized representative of the remediator, and of the Registered Site Manager assigned to the project. We look forward to resuming work at this site under the REC program, and will contact you in that regard. Please call Mr. David Duncklee at [phone] if you have any questions, or require additional information.
Sincerely,
KLEE & DUNHAM, P.C.
J(£!./_
.' Dunc~~-, R.S.M.
Senior Hydrogeologist
Senior Peer Review:
Bryson . Trexler, Jr., Ph.D., L.G., R.S.M.
Senior Hydrogeologist
c: Ms. Ruth Christenson w/o attachments
Mr. Bill Bruce w/o attachments
Mr. Derr Leonhardt -Leonhardt Environmental, Inc. w/o attachments
Enclosures
P:\Cristex\Reports -Letters\REC Withdrawal Report-04115.doc
D DUNCKLEE & DI l~H,\,\1, P.C.
New Guidelines and Cristex • •
I of I
Subject: New Guidelines and Cristex
From: "David L. Duncklee" <[e-mail]>
Date: Fri, 27 Aug 2004 08: 14:32 -0400
To: "'Caulk Kim"' <[e-mail]>
Hi Kim:
Not sure why, but I cannot download the new Aug '04 REC guidance from the website. ??
Also, you should have the Cristcx withdrawal notification and site data in about a week.
Best Regards,
-Dave
David Duncklee, L.G.
Senior Hydrogeologist
~ DUNCKLEE ~j!.,.zA1 & DUNHAM
Environmental Consultants
511 Keisler Drive -Suite 102
Cary, North Carolina 27511
919-858-9898 Office
919-858-9899 Fax
919-41 7-9923 Mobile
[e-mail]
8/27/2004 8:14 AM
• &i;h •
NCDEMR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director
May 3, 2004
Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretary
Mr. David L. Duncklee
Duncklee & Dunham, P.C.
511 Keisler Drive, Suite 102
Cary, North Carolina 27511
REC-LEAD
RE: Annual Status Letter
Cristex Drum
Oxford, Granville County, North Carolina
NC 0001 606 250
Dear Mr. Duncklee:
The Division of Waste Management (Division) received your April 8, 2004 Annual Status Report for the above site on
April 26, 2004. In the letter report you indicate that Cristex may withdraw the site from the Registered Environmental
Consultant (REC) program due to the continued funding issues we discussed on February 2, 2004. Be aware that the
Division has not received any data or reports from the remedial investigation (RI) activities that have been performed at
the site since the October 2002 RI Work Plan was implemented by Duncklee & Dunham. This information is necessary
in order for the Division to conduct audits of any REC, remediating party, response action, or site. for compliance with
the REC rules. Therefore, in the event the work is discontinued at the site, the Division requests that the Cristex and/or
Duncklee & Dunham submit to the Division a summary report that includes all information and data that has been
collected pursuant to 15A NCAC 13C .0306(h), (n), (o), or (p). Certification of the report must be provided in accordance
with 15A NCAC 13 C .0306(b)(1) and (2). Failure to comply with this request will be considered a violation of 15A NCAC
13C .0302(n).
If you have any questions, please contact me at [phone], ext. 364.
Sincerely,
Kim T. Caulk
REC Program
Inactive Hazardous Sites Branch
Superfund Section
cc: Mr. Mr. Barry Singer, Weinberger, Berman & Singer, P.C.
Mr. Derr Leonhardt, Leonhardt Environmental, Inc.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] I FAX [phone] I Internet http://wastenotnc.org
An Equal Opportunity/ Affirmative Action Employer-Printed on Dual Purpose Recycled Paper
• • &iih
NCDEMR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director
April 16, 2004
Mr. Barry Singer
Weinberger, Berman & Singer; P.C.
230 Park Avenue
Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretary
New York, NY 10169
RE: INVOICE for FY 2004-05 Annual REC Administration Fee
Cristex Drum
REC-LEAD
Oxford, Granville County, North Carolina
NC 0001 606 250
Dear Mr. Singer:
Pursuant to 15A NCAC 13C .0307(c) of the REC Program rules, voluntary parties must pay an annual administration
fee to the Department. The fee is adjusted annually to reflect the costs incurred by the Inactive Hazardous Sites Branch
for site audits.
For FY 2004-05, the administration fee is $1,843.00. Please remit a check for this amount no later than May 21, 2004.
If the full fee amount is not received by this deadline, the Administrative Order on Consent may be dissolved without
further notice. Please make the check payable to NC Division of Waste Management, indicate on the check REC
Trust Fund, and mail to:
MR KIM T. CAULK
NC DENR
DIVISION OF WASTE MANAGEMENT
SUPERFUND SECTION
401 OBERLIN RD, SUITE 150
RALEIGH, NC 27605
Thank you for your cooperation and for voluntarily addressing the cleanup of this site. Should you have any questions,
please contact me at [phone], ext. 364.
Sincerely,
Kim T. Caulk .
REC Program
Inactive Hazardous Sites Branch
Superfund Section
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] I FAX [phone] I Internet http://wastenotnc.org
An Equal Opportunity/ Affirmative Action Employer-Printed on Dual Purpose Recycled Paper
•
DUNCKLEE
&DUNHAM
•
ENVIRONMENTAL CONSULTANTS
51 l KEISLER DRIVE -SUITE 102
CARY, :-;ORTH CAROL!:-;A 2751 I
OPFICE: (919) 858 -9898
FACSl.\.tILE: (9!9) 858-9899
April 8, 2004 REC-LEAD
Mr. Kim Caulk
North Carolina Department of Environment and Natural Resources
Superfund Section -Inactive Hazardous Sites Branch
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Reference:
Dear Mr. Caulk:
Annual Status Report
Cristex Drum Site
Oxford, Granville County, North Carolina
NC000 I 606250
Duncklee & Dunham Job No. 23400
As required by the Administrative Order on Consent (AOC) dated April I 0, 2002, Duncklee & Dunham,
P.C. (Duncklee & Dunham) has prepared this progress report to summarize the work performed in the
past year at the above referenced site. Furthermore, this letter report certifies that the work performed to-
date has progressed at a pace to meet the goals specified by the Administrative Order on Consent and the
North Carolina Department of Environment and Natural Resources (DENR) rules for the voluntary
remedial action program.
Activities performed in the past year include: I) the assessment of soils in the drum excavation area, 2)
the assessment of soils near the former drum storage pad, and 3) the installation of two ground water
monitoring wells. A total of 17 soil borings, 24 soil samples, a shallow well, and a double-cased deep
well were performed in these areas of concern in November 2003 in accordance with the procedures
described by the Phase I Remedial Investigation Workp/an (the Workplan).
While this letter report confirms that work on the Cristex site to-date has progressed at a pace to achieve
the mandatory work phase completion deadlines set out in I SA NCAC I 3C .0302 (h), Cristex has
indicated funding may not be available to complete the Workplan tasks by the April 10, 2005, deadline.
The specifics of this situation were discussed in your office in a February 2, 2004, meeting between
Cristex representatives, yourself, and the registered site manager.
If Cristex cannot fund the continuation of the remaining Workplan tasks by June 2, 2004, then Duncklee
& Dunham will notify the DENR-Inactive Sites Program that site activities are no longer proceeding in a
manner to achieve the completion deadlines. In that eventuality, Cristex may withdraw from the program.
l\{,\lLl~C ADDRESS -P(>ST OFFICE Box 33'.:!.66 --RA LEICH, NORTH CAROL!NA 27636
• • Cristex Facility
Oxford, North Carolina
April 8, 2004
Page 2 of2
Attached are the notarized signatures of the duly authorized representative of the remediator, and of the
Registered Site Manager assigned to the project. Please call Mr. David Duncklee at [phone] if
you have any questions, or require additional information.
Sincerely,
DUNCKLEE & DUNHAM, P.C.
David L. Duncklee, L.G., R.S.M.
Senior Hydrogeologist
Senior Peer Review:
Bryson D. Trexler, Jr., Ph.D., L.G.
Senior Hydrogeologist
c: Ms. Ruth Christenson
Mr. Bill Bruce
Mr. Derr Leonhardt -Leonhardt Environmental, Inc.
Enclosures
P:\Cristex\Reports -Letters\Annual Status Report -04066.doc
D DUNCKLEE & DUNHAM, P.C.
•
Appendix G
Certification Statements
G.1. Certification of Documents
•
All work plans, reports and project schedules submitted to the branch must first be
certified by a representative of the remediating party and then by the RSM. The
"certification of documents" statements are shown below. The language in the
certification statements is specified in the rules and may not be modified under any
circumstances.
Remediating Party Certification Statement (.0306(b)(2)):
"l certify under penalty of law that I have personally examined and am familiar
with the information contained in this submittal, including any and all documents
accompanying this certification, and that, based on my inquiry of those
individuals immediately responsible for obtaining the information, the material
and information contained herein is, to the best of my knowledge and belief, true,
accurate and complete. I am aware that there are significant penalties for willfully
submitting false, inaccurate or incomplete information."
(Name of Remediating Party Official)
/GJfb ~,ofem',Orn I
(Signature of Remediating Party61'ficial)
,/l.u,.1 ~ p 'cf Enter State)
U 41 d ,;._,.., COUNTY
6atl
I, /Vlo,.>1::-' e. F · S e.J tz..!l.r , a Notary Public of said County and State, do
hereby certify that f?.. u ¼ Q N\ y:1 S ±:~S.fu did personally appear and
sign before me this the J!L_ day of (1 f , ,1 'J , QCl:'. Lj,
(OFFICIAL SEAL)
My commission expires: ____ ......,-=--·-···_ .. _-_-________ .
MARIE F. s:LTZER \
NOTARY PUBLIC OF NEW JERS~ .. ~ ..,~e,v,-s.;1,1/otr-,
G-I
• •
Registered Site Manager Certification Statement (.0306(b)(l)):
"I certify under penalty of law that I am personally familiar with the information
contained in this submittal, including any and all supporting documents
accompanying this certification, and that the material and information contained
herein is, to the best of my knowledge and belief, true, accurate and complete and
complies with the Inactive Hazardous Sites Response Act G.S. I 30A-3 l 0, et seq,
and the voluntary remedial action program Rules 15A NCAC I 3C .0300. I am
aware that there are significant penalties for willfully submitting false, inaccurate
or incomplete infonnation."
I»,vrJL . Oun(.,Lfee_
--~N~·~c,.~---(Enter State)
__ lu_~_k_~ ___ COUNTY
I, i-<.CL~hv C. fYJ/1); LlLJ , a Notary Public of said County and State, do
hereby certify that Jla u id L J) ilr,d, I u.., did personally appear and
sign before me this the~ day of A pr i \ , ,P,oo '-1: .
(OFFICIAL SEAL)
My commission expires: __ 1+:._·_:_/:__/_,·;?=tl.::c~_9'---------
G.2 Certification of Work Phase Completion
The attached Completion Certification fonns must be used to certify the completion of work
phases in accordance with .0306(b)(5) and (b)(6). The RSM must use the attached forms or
photocopies of these forms only. Retyped or computer-generated forms are unacceptable.
All information on the forms must be typed or neatly printed. The fonns must include the
notarized signature of the RSM.
G-2
• &,?'A
,;;;;;:;;~-.. '("-~-.. _
NCDENR
•
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director
MEMORANDUM
Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretary
Date: February 2, 2004
REC-LEAD
To: File ~-cc.--
From: Kim T. Caulk, Hydrogeologist
Inactive Hazardous Sites Branch
Re: c:Cristex·Drum=
Oxford, North Carolina
NC 0001 606 250
A meeting was held to discuss the status of the above site. Present at the meeting were Bill Bruce (representing the
Christensen family of Cristex), Derr Leonhardt (Leonhardt Environmental), David Duncklee (Duncklee & Dunham), and
Kim Caulk (IHSB).
Mr. Bruce provided a brief history of the site and indicated that he represented the Christensen family since Mr.
Christensen died approximately 5 years ago. Mr. Leonhardt indicated he is the consultant for Cristex and Mr. Duncklee
is the RSM for the site. Mr. Bruce indicated that the environmental work performed at the site was paid by income
generated by the tenant of the building at the site and the building was currently unoccupied. He indicated that Cristex
was requesting an extension to perform additional work at the site until they had a new tenant. I reiterated the contents
of my electronic mail (copy attached), that, by signing the AOC, the deadlines for the REC site were set and extensions
could not be granted for the circumstances given. I informed them that the agreement could be cancelled and a new
agreement signed at a later date as indicated in my email.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] FAX [phone] I Internet http://wastenotnc.org
An Equal Opportunity/ Affirmative Action Employer-Printed on Dual Purpose Recycled Paper
·Messagi!
I of 4
• imap:/ /kim.ca u lk%40d wm .denr .ncmail .net@cms. ncmail .net: 14 3/f et .. •
Subject: Cristex Meeting
From: "David L.·Duncklee" <[e-mail]>
Date: Sat, 31 Jan 2004 09:21 :59 -0500
To: "'Kim Caulk"' <[e-mail]>
Kim:
Will Charlotte be in the meeting?
Dave
-----Original Message-----
From: David L. Duncklee [mailto:[e-mail]]
Sent: Friday, January 30, 2004 3:07 PM
To: 'Kim Caulk'
Subject: RE: Cristex Meeting
REC-LEAD
Very good. We'll be there, and thanks. It will be myself, Bill Bruce, and possibly Derr Leonhardt.
Dave
-----Original Message-----
From: Kim Caulk [mailto:[e-mail]]
Sent: Friday, January 30, 2004 2:39 PM
To: [e-mail]
Subject: Re: Cristex Meeting
I have a room reserved from 9 to IO am.
David L. Duncklee wrote:
Hey Kim:
We can work it in Monday. Please pick a time that is good for you.
Dave
-----Original Message-----
From: Kim Caulk [mailto:[e-mail]]
Sent: Thursday, January 29, 2004 11:12 AM
To: [e-mail]
Cc:CHARLOTTEJESNECK
Subject: Re: Cristex Meeting
David:
Things are really getting backed up for me, and, other than Monday next week, I am
only available for brief time on Thursday afternoon and Friday morning.
I hoped that I had explained well enough the Program policy on extensions and the
2/2/2004 8:30 AM
. Messat-e
2 of 4
• ima p://kim.caulk%40dwm.denr. ncma il.net@cms. ncmail .net: 14 3/ f et. . • alternative, but if you still believe we need a meeting to discuss the situation, please let
me know which day would be best for you.
Thanks.
David L. Duncklee wrote:
Hi Kim:
How about next week for the meeting. This week is a bust! Any day
but Monday
is good with me.
Dave
-----Original Message-----
From: David L. Duncklee [mailto:[e-mail]]
Sent, Tuesday, January 27, 2004 11,38 AM
To: • Kim Caulk•
Subject: RE: Cristex Drum Site
Thanks, Kim. Are you in the office today? What weather!! The
intermediate
roads here in Cary are very icy, but I don't live too far from the
office, so am
at it myself.
Can we meet Thursday or Friday of this week? Any time is fine with
us.
Dave
-----Original Message-----
From, Kim Caulk [mailto,[e-mail])
Sent, Tuesday, January 27, 2004 11,23 AM
To: [e-mail]
Subject: Re: Cristex Drum Site
The site would be subject to the same regulatory requirements as the
other sites
on the state priority list. Regulations can change and costs usually
increase.
I don't know if the feds and/or state could take the lead on the site
and seek
cost recovery for the work because I don't know enough about the
history of the
site or priority score. If it re-entered the REC program, it would
go through
the same procedures as before (draft AA, 30-day Notice, etc.). The
deadlines to
complete phases of work would be calculated based on when the work
stopped.
"David L. Duncklee" wrote:
Kim:
Thanks for your time on the phone, and the detailed information in
your email.
2/2/2004 8:30 AM
. Messag,-e • imap://kim.caulk%40dwm.denr. ncmai l .nct@cms. ncmail .net: 14 3/fet. . • From a regulatory and cost standpoint, can you foresee any
significant
consequences for the RP if the Administrative Agreement was
suspended,
and the site placed back on the Inactive Hazardous Sites Inventory
list?
Dave
-----Original Message-----
From: Kim Caulk [mailto:[e-mail]]
Sent, Friday, January 23, 2004 3,37 PM
To: David Duncklee
Subject: Cristex Drum Site
David:
As a follow-up to our telephone conversation earlier today, it is
my
understanding that you want to receive an extension to complete the
RI
for the above site. The extension is requested since a work
stoppage
has taken place due to the financial situation of the RP.
I discussed the previous few scenarios with Charlotte where
extensions
were given. It is my understanding that in one of those instances
the
RI deadline was not met and a penalty, along with disqualification,
was issued to the REC. As part of the settlement, the new REC was
then given an extension because there was no time remaining to
complete the RI. However, time was also reduced for the new REC to
implement a RAP. For another site, the REC had well maintained
records of progress toward completing the RI and had provided
regular
updates to our files regarding the project status, but had run into
difficulties obtaining access for completion of some additional
assessment activities needed for the site. A minimal amount of
time
(month or so extension) was then granted so the assessment could be
completed.
Since the deadlines in the Administrative Agreement basically
become
regulation for completion of the work, it may be best to
discontinue
the Agreement until the RP is ready to complete the investigation.
At
that point a new Agreement will have to be executed and the clock
will
start wherever the current Agreement discontinued. Until then, the
site would be placed back on the IHS inventory.
A few days ago, this happened for another REC site when an
agreement
was discontinued by an REC after they approved (certified) a RAP
for
implementation. Now the site is at a good breaking point for
whenever
the RP is ready to continue.
3 of 4 2/2/2004 8:30 AM
~ Message
4 of 4
imap ://kim.cau lk%40dwm.denr. ncmail. net@cms. ncmai L net: l 4 3/f et.. • If you need any additional information or still believe you need a
meeting, please contact me.
Thanks,
Kim T. Caulk
REC Program
Inactive Hazardous Sites Branch
Superfund Section
NC Division of Waste Management
Phone, [phone], ext. 364
Fax, [phone]
e-mail: [e-mail]
I\im T. C;;:ulk
P.E:C' Prn9.c,Jm
Jn::;)::·t:i.v(:; Hazar_·clou;~ :3.i.t<:::3 Htanch
311pr:::.r fund ::10:c:1: i.on
NC Uivislon of \."Jc: t.:t':~ Hanc:q,::me:'!t
Fhone: 1_~119)"133·-·-::? ()1., (;Xl:.. JE-J:i
Faz: (919)733-~Bl
e-mail: kim.caulk ncmail.net
Kim T. Cau.l.k
REC P:rc·gr;;:;c
T11;1,:::t.i. '!(:; He.:::..,:·, :t.: dou:~; .':.~:i. tc;~,, L', ra r1cr,
Superf\Jr1d s~cti0r1
HC DJv:Ls.i.oL cf 1:Jdsti:! 1·-1ana9~~ment
I?twne: ('.·J.1~Ji73::3-/nU'L, rf:Xt.. ::~c,1
Faz: (91~•)733-4811
~-mail: [e-mail]
2/2/2004 8:30 AM
North Carolina • Department of Environment an ural Resources Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director
• REC;.LEAD
October 22, 2003
Mr. Dave Duncklee
Duncklee and Dunham, P.C. 5 I I Keisler Drive, Suite I 02
Cary, NC 27511
RE: Cristex Drum
Oxford, Granville County, North Carolina NC 0001 606 250
Dear Mr. Duncklee:
,&'!!'A ---_.,~ .. am c:a, ___ _
MCDEMR
I have attached the memorandum prepared by Jeanette Stanley of the Site Evaluation & Removal Branch (Superfund Section) and my response to it based on my review of the Phase I Work Plan and discussion with you. If you have any questions, please call me at [phone], ext. 329.
Attachments
.\
Sincerely,~
John Powers
Hydrogeologist
Inactive Hazardous Sites Branch
Superfund Section
1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: [phone] I FAX: [phone] I Internet: www.enr.state.nc.us
AN EQUAL OPPORTUNITY IAFFIRMATfVE ACTION EMPLOYER-50% RECYCLED/ 10% POST CONSUMER PAPER
MEMO TO:
DATE:
FROM:
SUBJECT:
•
Jeanette Stanley,.Environmental Chemist
NC Superf~nd .. , '· . ' .
:::~::~s»-Jl-
Cristex DruLlte
Oxford, Granville County
NCO 001 606 250
•
Thank you for your comments (6/19/03 Memorandum) regarding this site. I have
reviewed the Phase I Work Plan and spoken with the Registered Site Manager (RSM) for
this site, Mr. Dave Duncklee of Duncklee and Dunham.
In the drum storage pad area, the Work Plan indicates that samples collected from
the upper two feet of the soil column from Geoprobe borings will be analyzed for SVOCs
and metals. If required, additional sampling to delineate vertical and horizontal extent of
SVOCs and metals will be performed during a Phase II investigation.
Existing analytical data for groundwater does exhibit quantitation limits for
several volatile organics that are higher than the groundwater standards. The REC will
have to use analyses with quantitation limits that are below the 2L groundwater standards
when defining the horizontal and vertical extent of contamination and also when seeking
no-further-action status for the site.
I informed the RSM of your concerns regarding the potential for SVOCs in
groundwater beneath the interior of the building. He indicated that he would look into
this issue.
As you noted, the Work Plan indicates several residences using drinking water
wells are located within ¼ -½ mile of the site along Lewis Street (Highway 15). The
RSM stated that he would look at the locations of these wells relative to the groundwater
plume and determine whether sampling the wells is warranted.
• • MEMO TO: John Powers, 1-lydrogeologist REC-LEAD
DATE:
FROM:
SUBJECT:
NC Superfund ~
June 19, 2003 9 -c--1,r:::JU~
Jeanette Stanley, Environmental Chemist A1Jlt',(
NC Superfund
Cristex Drum Site ·
NCO 001 606 250
Oxford, Granville Co., NC
I have completed reviewing the Environmental Assessment Report (October 2002) and the
Administrative Order on Consent (AOC;. I have the following comments.
During the Environmental Assessment, it was determined that impacted soils remain in the
area adjacent to the drum storage pad, and further investigation to determine the vertical and lateral
extent of the VOC impact was recommended. The Work Plan (October 2002) describes plans to
investigate the extent of VOC contamination and to investigate SVOCs and metals in a Phase II plan
ifrequired. During ES! sampling, one surface soil sample showed a number of SVOCs detected at
levels less than quantitation limits. Also, metals results showed chromium, lead, nickel, vanadium,
and zinc at levels greater than three times background. Although the surface area of this soil has
been removed, and SVOCs and metals tend to be less mobile than VOCs, I suggest that this area of
remaining subsurface soil near the former drum storage pad also be investigated for metals and
SVOCs. The mobility ofSVOCs and metals can be enhanced with VOC solvents.
Groundwater data from the Environmental Assessment showed several volatile organics at
levels greater than groundwater remediation goals (1,900 ug/L PCE, for instance). Note that the
quantitation limits for much of this volatile organic data was greater than the groundwater
remediation goal, leaving the possibility that groundwater is contaminated at levels above the
groundwater remediation goal, but less than the quantitation limit. For instance: for sample MW-I,
the quantitation limit was 5 ug/L whereas the 2L is 0.7 ug/L. In MW-6, the quantitation limit for
vinyl chloride was 100 ug/L whereas the 2L is 0.015 ug/L, for trichloroethene it was al 100 ug/L,
whereas the 2L is 2.8 ug/L, etc .. In situations of high contamination, the laboratory must conduct a
number of dilutions which causes an increase in quantitation limits for all analytes, so this is
understandable in most cases. It is important to note; however, that the constituents showing a <100
ug/L, for example, does not document that a contaminant is less than 2L.
Subsurface soil collected from the ',ole for MW-9 in the interior of the building showed PCP.
Even though the groundwater sample did not show this contaminant, continued monitoring for 8270
SVOCs in at least some of the closer wells, and discussion of the SVOCs within the text of the report
is important, at least for the CERCLA program. Data sheets showed that PCP was not detected in
the groundwater, but the report only discussed the SVOC ranges. If the data is available, a short
discussion of the results could.address potential future Superfund issues.
Page 5 and Appendix C of the Mid-Atlantic Associates, P.A., Phase I Remedial Investigation
Work Plan, Cristex Facility, October 2002 revealed that there are 5 residences using drinking water
wells within the 1/4 -1 /2 mile target distance ring from the site. Are there plans to sample these
wells, or is this been adequately addressed under the JFD Electronics/ Channel Master study?
• North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director
May 13, 2003
Mr. Barry Singer
• 6(!f"A --"'~~ A ~"(----• NCDEMR
Weinberger, Berman & Singer, P.C.
230 Park A venue REC-LEAD
New York, NY 10169
RE: FY 2003-04 Annual REC Administration Fee
Cristex Drum
Oxford, Granville County, North Carolina
NC 000 I 606 250
Dear Mr. Singer:
Pursuant to 15A NCAC 13C .0307(c) of the REC Program rules, voluntary parties must pay an annual
administration fee to the Department. The fee is adjusted annually to reflect the costs incurred by the Inactive
Hazardous Sites Branch for site audits. Any unused funds remaining at the end of the fiscal year will be prorated
toward the following year's payment.
For FY 2003-04, the annual administration fee for the above-referenced site is $2,337.00. Please note that
this amount is greater than the fee requested for FY 2002-03 because a full-time professional has been hired to
audit sites and administer the Program. Please remit a check for this amount no later than June 13, 2003. If the
full fee amount is not received by this deadline, the Administrative Order on Consent will be dissolved without
further notice. Please make the check payable to NC Division of Waste Management, indicate on the check
REC Trust Fund and mail to:
JOHN POWERS
NCDENR
DIVISION OF WASTE MANAGEMENT
SUPERFUND SECTION
401 OBERLIN RD, SUITE 150
RALEIGH, NC 27605
Thank you for your cooperation and for voluntarily addressing the cleanup of this site. Should you have
any questions, please contact me at (919) 733-280 I, ext. 329.
;;;:_·~~
U,ohn Powers
Hydrogeologist
Inactive Hazardous Sites Branch
Superfund Section
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us
AN EQUAL OPPORTUNITY\ AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED I IO% POST CONSUMER PAPER
•
REC-LEAD
April 8, 2003
Mr. Jonathan Powers
North Carolina Department of Environment and Natural Resources
Superfund Section
Inactive 1-lazarclous Sites Branch
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Reference: Annual Status Report
Crislex Drum Site
Oxford, Granville County, North Carolina
NC000 I 606250
Duncklee & Dunham Job No. 23400
Dear Mr. Powers:
• 511 Keisler Drive, Suite 102
Cary, North Carolina 27511
Post Office Box 33366
Raleigh, North Carolina 27636
Phone: [phone] V! i[Fax 919.858,9899
APR i 4 2003
As required by the Administrative Order on Consent (AOC) dated April I 0, 2002, Duncklee & Dunham,
P.C. (Duncklee & Dunham) has prepared this progress report to summarize the work performed in the
past year at the above referenced site. Furthermore, this letter report certifies that work is progressing at
a pace to meet the goals specified by the AOC and the North Carolina Department of Environment and
Natural Resources rules for the voluntary remedial action program.
Activities performed in the past year include the preparation of a !'hose I Remedial !11vesrigario11
Workplcm (the Workplan), dated October 11, 2002, and the initiation of soil assessment tasks. The
Workplan, prepared by Mid-Atlantic Associates, P.A., specifies the tasks necessary to complete the
investigation of areas of concern identified by previous site investigations.
As described in Section 13.6.2 of the Workplan, soil gas survey and soil assessmenl activities were
performed by Duncklee & Dunham in late November 2002 in the northeastern portion of the plant
building (Area of Concern 5). Fi Ileen passive soil gas collection tubes were placed below the concrete
lloor and analyzed for volatile organic compounds (YOCs). Based on these results, 12 soil samples were
collected from areas of elevated YOC readings, The data collected is currently under evaluation.
• • Cristex Corporation
Annual Status Report
03094
April 8, 2003
Page 2 of2
This letter repo1t confirms that work on the Cristex site is progressing 111 a manner to achieve the
mandatory work phase completion deadlines set out in I SA NCAC 13C .0302 (h). Attached are the
notarized signatures of the duly authorized representative of the remediator, and of the Registered Site
Manager assigned to the project.
Please call Mr. David Duncklee at [phone] if you have any questions, or require additional
information.
Sincerely,
DUNCKLEE & DUNHAM, I' C
David L. Duncklee, L.G., R.S.M.
Senior Hydrogeologist
c: Ms. Ruth Christenson
Ms. Jean Warshaw, Esq. (2)
Mr. Derr Leonhardt -Leonhardt Environmental, Inc.
Enclosures
03094/DLl}/dld
•
G.1. Certification of Documents
Appendix G
Certification Statements
•
All work plans, reports and project schedules submitted to t~e branch must first be certified by a
representative of the remediating party and then by the RSM. The "certification of documents"
statements are shown below. The language in the certification statements is specified in the rules
and may not be modified under any circumstances.
Remediating Party Certification Statement (.0306(b )(2)):
"I certify under penalty of law that I have personally examined and am familiar with the
information contained in this submittal, including any and all documents accompanying
this certification, and that, based on my inquiry of those individuals immediately
responsible for obtaining the information, the material and information contained herein
is, to the best of my knowledge and belief, true, accurate and complete. I am aware that
there are significant penalties for willfully submitting false, inaccurate or incomplete
information." ~
N€tv JrufYrnnter State)
l,;j N / 0 /V COUNTY
~(f. a._:z::_.___
I. OAN /6L R. C.ANAOA, a Notary Public of said County and State, do
hereby certify that Rvtm C. CHfL5"1EIJ5cAldid personally appear and sign
before me this the _LQ_ day of A ee, L '~0<:13 .
Notary Public (signature) (OFFICIAL SEAL)
My commission expires: _ _,_/_,_/_,J_,r'L?""-'l'-.C..g.i..=o-'o=----7_,_ __
I I
SWORN TO AND SUBSCRIBED
BEFORE ME ON lHIS DATE
APR I O 2003
DANIEL R. CANADA
Noby Publlc ol New Jeney
Commlalon Expires 7/16/2007
G -1
• •
Registered Site Manager Certification Statement (.0306(b)(l)):
"I eerti fy under penalty of law that I am personally familiar with the information
contained in this submittal, including any and all supporting documents accompanying
this certification, and that the material and information contained herein is, to the best of
my knowledge and belief'. true, accurate and complete and complies with the Inactive
Hazardous Sites Response Act G.S. 130A-3 IO, et seq, and the voluntary remedial action
program Rules 15A NCAC 13C .0300. 1 am aware that there are significant penalties for
willfully submitting false, inaccurate or incomplete information."
N \) y h-Cc:c,c, I; nc, (Enter State)
I" )0<...-1'-e_ COUNTY
I, A:h'.J, l \ -\ 0. i,. IL. , a Notary Public of said County and State, do
hereby certify that Do, u, d-1 , D tA-'C.. L\ ec did personally appear and sign
before me this the ---11!:-day of IC}p n i , 200~
(OFFICIAL SEAL)
My commission expires: I \/Ls / 2-00S l I
G.2 Certification of Work Phase Completion
The attached Completion Certification forms must be used to certify the completion of work
phases in accordance with .0306(b)(5) and (b)(6). The RSM must use the attached forms or
photocopies of these forms only. Retyped or computer-generated forms are unacceptable. All
information on the forms must be typed or neatly printed. The forms must include the notarized
signature of the RSM.
G - 2
•
November 22, 2002
Mr. Jolm Powers
•
Jean Warshaw, Esq.
210 East 86"' Street, Suite 505
New York, New York 10028
telephone: [phone]
fax: [phone]
North Carolina Department of Environment
and Natural Resources
REC-LEAD
Division of Waste Management
I 646 Mail Service Center
Raleigh, North Carolina 27699-1646
Re: Cristex Drnm
Dear Mr. Powers:
DEC -9 2002
As we discussed earlier this week, I am an environmental lawyer assisting 13any
Singer at the Cristex Drum site. This is to confirm that you have received the Amendment to
the Administrative Order on Consent for Registered Environmental Consultant-Directed
Assessment and Remedial Action, executed by the Remediator, the REC and the RSM, and
that Cristex can now resume activities under the Administrative Order on Consent, as
an1ended.
Please call if! have not accurately memorialized our discussion.
Very truly yours,
cc: Bany Singer, Esq.
• • WEINBERGER, BERMAN & SINGER, P.C.
230 PARK AVENUE, NEW YORK, NEW YORK 10169
TELEPHONE: [phone] FAX: [phone]
Barry Singer
REC-LEAD
FED EX
Mr. John Powers
North Carolina Department of Environment
and Natural Resources
Division of Waste Management
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Re: Cristex Corporation
Dear Mr. Powers:
November 14, 2002
Enclosed herewith please find Amendment to Administrative Order on Consent
for Registered Environmental Consultant-Directed Assessment and Remedial Action
Pursuant to N.C.G.S. 130A-310.9(c) and 15A NCAC 13C .0300 signed by the vice
president of Cristex Corporation, as Remediator, the president of Duncklee & Dunham,
as Registered Environmental Consultant, and David L. Duncklee, as Registered Site
Manager.
BS:cs
Enc.
NOV 1 5 2002
. ' . . •
North Carolina Department of Environment
and Natural Resources
Division of Waste Management
Superfund Section
•
Amendment to
Administrative Order on Consent
for Registered Environmental
Consultant-Directed Assessment
and Remedial Action Pursuant to
N.C.G.S. 130A-310.9(c) and
ISA NCAC 13C .0300.
Docket No. 01-SF-200
We hereby certify that the Remediator has retained the undersigned Division-approved Registered
Environmental Consultant (REC), to implement and oversee a voluntary remedial action at the Site
pursuant to N.C.G.S. 130A-3 I 0.9(c) and ISA NCAC 13C .0300, and that the undersigned Division-
approved Registered Site Manager (RSM) shall serve as RSM for the voluntary remedial action.
The undersigned Remediator and REC agree to indemnify and save and hold harmless the State of North
Carolina and its agencies, departments, officials, agents, employees, contractors and representatives,
from any and all claims or causes of action arising from or on account of acts or omissions of the
Remediator or REC or their officers, employees, receivers, trustees, agents, or assigns in carrying out
actions required pursuant to this Agreement. Neither the State of North Carolina nor any agency or
representative thereof shall be held to be a party to any contract involving the Remediator relating to the
Site.
The Remediator affirms that the REC has been provided a full and complete copy of this Agreement
prior to signature. The undersigned REC representatives affirm that they have received, read and intend
to comply with the provisions of this Agreement.
Remediator:
MARY LOU.,CHRISTENSEN, VICE PRESIDENT
(Typed name of Signatory, Title)
CRISTEX CORPORATION
(Typed Name of Company)
m~nttl Consultant:
/I II Pt-
(Date)
David L. Duncklee President
(Typed Name of Signatory, Title)
Duncklee & Dunham, P.C.
(Typed Name of REC Finn)
REC-AA.FRM
REV. I 0/31/02
er:
II :1ct.
(Date)
David L. Duncklee
(Typed Name of RSM)
Barry Singer
• •
WEINBERGER, BERMAN & SINGER, P.C.
230 PARK AVENUE, NEW YORK, NEW YORK 10169
TELEPHONE, [phone] FAX, [phone] . r. -, ·, 1'., rF, I~-1, fl 1-, [, !I ,I IL,_. In ,, '·-
REC-LEAD OCT 3 1 2002
John Powers, Hydrogeologist
Inactive Hazardous Sites Branch
Superfund Section
NCDENR
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Re: rcristex Site ,
October 29, 2002
Oxford Granville County, North Carolina
NC 0001 606 250
Dear Mr. Powers:
Cristex Corporation has retained Duncklee & Dunham, P.C., with a mailing
address at Post Office Box 33366, Raleigh, North Carolina 27636, as its new
Registered Environmental Consultant for the Cristex Site. Their street address is 511
Keisler Drive, Suite 102, Cary, North Carolina 27511. David Duncklee will be the new
RSM.
We will await the amendment to the Consent Agreement to continue site
remedial work.
bee: Mr. David Duncklee
Jean Warshaw, Esq.
Barry Singer
"
' •, \
'I \:
SENDER: COMPLETE THIS• SECTION . . . . . .
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits ..
1. Article Addressed to:·
7000 1530 0002 4663 7987
BARRY SINGER
WEINBERGER BERMAN & SINGER PC
230 PARK A VENUE
NEW YORK NY 10169
CRISTEX DRUM,LTR -9-17-02
2. Article Number
(Transfer from service /abeQ
COMPLETE,THIS SECTION ON DELIVERY , . . . . '
Is delivery add ss differen from item
· If YES, enter delivery address below: D o
~~~Lt;AD---
,,___ .. -1-
3. Service Type ~ Certified Mail
(\1 Registered
□ Insured Mail
0 Express Mail
d:Aetum Receipt for Merchandise 0 C.O.D.
· 4: Restricted Delivery? (Extffl Fee) □ Yes
PS F,orm 3811, August 2001
I I 1111 I II i I 1111 11
Domestic Return Receipt 102595-01-M-250E
11 1111111 I
UNITED STATES POSTAL SERVICE
r,,; I,, I, II,,, I, II, ,II,,,, I, I,,,, I I,, 11,, I, I, 11,,,,, I, I, I, I,, I,, II
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
North Carolina •
Department of Environment an tural Resources
Division of Waste Management ·
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director
Mr. Barry Singer
Weinberger, Berman & Singer, P.C.
230 Park Avenue
New York, NY 10169
RE: Cristex Drum
October 31, 2002
Oxford, Granville County, North Carolina
NC 0001 606 250
Dear Mr. Singer:
•
REC-LEAD
Thank you for submitting the name of a new Registered Environmental Consultant for the
above-referenced site. I have attached an amendment page to the Consent Agreement. Please obtain the
appropriate signatures for the Remediator, the REC and the Registered Site Manager and return the form
to me at the following address:
Attachment
John Powers
NCDENR
Division of Waste Management
Superfund Section
1646 Mail Service Center
Raleigh, NC 27699-1646
If you have any questions, please call me at [phone], ext. 329 .
. ,Sincerely~
Co;ers
Hydro geologist
Inactive Hazardous Sites Branch
Superfund Section
1646 Mail Service Center. Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/ 11)% POST CONSUMER PAPER
•
North Carolina Department of Environment
and Natural Resources
Division of Waste Management
Superfund Section
•
Amendment to
Administrative Order on Consent
for Registered Environmental
Consultant-Directed Assessment
and Remedial Action Pursuant to
N.C.G.S. 130A-310.9(c) and
15A NCAC 13C .0300.
Docket No. 0l-SF-200
We hereby certify that the Remediator has retained the undersigned Division-approved Registered Environmental Consultant (REC), to implement and oversee a voluntary remedial action at the Site pursuant to N.C.G.S. I30A-310.9(c) and 15A NCAC 13C .0300, and that the undersigned Division-approved Registered Site Manager (RSM) shall serve as RSM for the voluntary remedial action.
The undersigned Remediator and REC agree to indemnify and save and hold harmless the State of North Carolina and its agencies, departments, officials, agents, employees, contractors and representatives, from any and all claims or causes of action arising from or on account of acts or omissions of the Remediator or REC or their officers, employees, receivers, trustees, agents, or assigns in carrying out actions required pursuant to this Agreement. Neither the State of North Carolina nor any agency or representative thereof shall be held to be a party to any contract involving the Remediator relating to the Site.
The Remediator affirms that the REC has been provided a full and complete copy of this Agreement prior to signature. The undersigned REC representatives affirm that they have received, read and intend to comply with the provisions of this Agreement.
Remediator:
(Signature Party Authorized to Bind Remediator)
(Typed name of Signatory, Title)
(Typed Name of Company)
Registered Environmental Consultant:
(Signature of REC o .. mer, Partner, or Corporate Officer) (Date)
(fyped Name of Signatory, Title)
(Typed Name of REC Finn)
REC-M.FRM
REV. I 0/31/02
(Date)
Registered Site Manager:
(RSM Signature) (Date)
(Typed Name of RSM)
North Carolina A • Department of Environment and ~ural Resources
Division of Waste Management REC-LEAD
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Barry Singer
Weinberger, Berman & Singer, P.C.
230 Park Avenue
New York, NY 10169
RE: Cristex Drum
September 17, 2002
Oxford, Granville County, North Carolina
NC 0001 606 250
Dear Mr. Singer:
This letter is to notify you that the Registered Environmental Consultant ("REC") working on the above-referenced site, Mid-Atlantic Associates, P.A., has been temporarily disqualified from
participating in the REC Program for a period of nine months. I have attached a copy of the Temporary
Disqualification Order. We have advised Mid-Atlantic Associates, P.A. of their right to appeal this
sanction. If the sanction is upheld, the disqualification period will commence on October 12, 2002.
Once the disqualification period begins, you are advised to immediately stop all remedial work and not
proceed with further remedial activities until you have retained a new, approved REC and signed an amendment to the Consent Agreement.
Pursuant to 15A NCAC l3C .0302(n) of the REC Rules, remediating parties have 60 days to
name a successor REC after receiving notice of the revocation of their REC's approval. Please select an REC from the list of approved RECs shown on the Branch's website
(http://wastenot.enr.state.nc.us/sfl1ome/rec-firrn.htm) and provide the name of the REC and RSM that
you have retained to me, in writing by December 11, 2002. Upon receipt, I will prepare an amendment
to the current Consent Agreement that reflects the REC change and send it to you for signature.
If you have any questions, please call me at (919) 733-280 I, ext. 329.
Sincerely~
~wers .
Hydrogeologist
Inactive Hazardous Sites Branch
' Superfund Section
Attachment
cc: Thomas A. Proctor, Mid-Atlantic Associates (w/o enclosure)
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.us
~-1. •
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOY~R::·so¾ RECYCLED/ 10% POST CONSUMER PAPER
,. .. -· :·._: .~·>._ ~\_·::~t-t(;::'>·, ~ -~--\ :~: ~ ~-, ;--~r•· -.,
. ----__ :_t ,_:,/} : ___ : :!,.}/i;~~--i:t*:}::; :~;~i(z{~~ii\;:\_,;:_.\t·_'::~;~?;,:::~,::,'.~ .. ,;'. : .. : ·t;;:.: },..' .. ·:.,3~,hi.
North Carolina A
Department of Environment and ~ral Resources
Division of Waste Management •
Michael F. Easley, Governor REC-LEAD
William G. Ross Jr., Secretary
Dci..1:er R. Matthews, Director
Mr. Barry Singer
Weinberger, Berman & Singer, P.C.
230 Park Avenue
New York, NY I 0169
June 4, 2002
RE: Annual REC Administration Fee
Cristex Drum
Oxford, Granville County, North Carolina
NC 0001 606 250
Docket Number: 01 SF200
Dear Mr. Singer:
Pursuant to ISA NCAC 13C .0307(c) of the REC Program rules, voluntary parties must pay an
annual administration fee to the Department. The fee is adjusted annually to reflect the costs incurred by
the Inactive Hazardous Sites Branch for site audits. Any unused funds remaining at the end of the fiscal
year will be prorated toward the following year's payment.
You recently paid the initial fee ($2,500.00) that is required upon entering the REC program
which also covers the first year's administration fee. Because the billing cycle is based on the state's
fiscal year (July 1 -June 30), the Branch will apply the received $2,500 to FY 2002-03. The Branch
will charge a prorated amount to cover administrative costs for the last two months (May and June) of
FY 2001-02 since the consent agreement was signed in April. This amount is $417.00. Please make the
check for this amount payable to NC Division of Waste Management, indicate on the check REC Trust Fund, and mail to:
JOHN POWERS
NCDENR
DIVISION OF WASTE MANAGEMENT
SUPERFUND SECTION
401 OBERLIN RD, SUITE 150
RALEIGH, NC 27605
Please note that the consent agreement that was finalized in April contains minor typographical
errors. On Page 1, the Inactive Hazardous Sites Inventory identification number should be NC 0001 606
250. Also, the Docket Number on Page I and Page 4 should be 01-SF-200.
1646 Mail Service Center. Raleigh, North Carolina 27699-1646
Phone: [phone] I FAX: [phone] I Internet: www.enr.state.nc.us
AN EQUAL OPPORTUNin' I AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/ I 0% POST CONSUMER PAPER
Cristex Drum
Page 2 • •
' -•'~\ .. ~ ./_·._, .~ { j·. f
Thank you for your cooperation. ·should you have any questions, please contact me at [phone], ext. 329.
Sincerely, er~·~~.
John Powers
Hydrogeologist
Inactive Hazardous Sites Branch
Superfund Section
';-;,orth Carolina •
Department of Environment Natural Resources • .~;}\
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director
Mr. Barry Singer
Weinberger, Berman & Singer, P.C.
230 Park Avenue
NewYork,NY 10169
RE: Administrative Order on Consent
Cristcx Drum
April l 0, 2002
Oxford, Granville County, North Carolina
NC000 1606250
Dear Mr. Singer:
___ .,,
m ,,;,"i----
MCDEMR
DOCKET FftF
I have attached a copy of the Administrative Order on Consent that was signed by the Director
of Waste Management. The effective date of the agreement is April 10, 2002.
Thank you for your cooperation. Should you have any questions, please contact me at (919)
733-2801, ext. 329.
Anachmem
cc: Ms. Melanie Hamilton
Mr. Derr Leonhardt
Ms. Kathleen Roush
~£_
John Powers
Inactive Hazardous Sites Branch
Superfund Section
1646 Mail Service Center. Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: ,,ww.enr.state.nc.us
AN EQUAL OPPORTUNITY\ AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/ 10% POST CONSUMER PAPER
'.
IN RE:
A.
B.
• •
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
SUPERFUND SECTION
CRISTEX DRUM
NCO 001 606 250
OXFORD, NORTH CAROLINA
GRANVILLE COUNTY
ADMINISTRATIVE ORDER ON CONSENT
FOR REGISTERED ENVIRONMENTAL
CONSULTANT-DIRECTED ASSESSMENT
AND REMEDIAL ACTION PURSUANT TO
N.C.G.S. 130A-310.9(c) and ISA NCAC 13C .0300.
,...., -1• ' • .. ' . • ' . !' • .• •, .• ,..., • . • . ~-t)_~---:i\pl_°i}CU} a LO~'.":_ Spa! 1_);91)0 ~~\ :~ : )_'.0 i U plctF_f,.l~:1_1.~-'.tu·,a1/'9Li\ii_\ ':lL-.-.l{!~, --~ .u \:; ,H1.·-?fCOH.icil i(;e
)with th& pr6visi6lls 6f1'Lcici'S' l 30AiJfo:9(c), 15A NCAC f3t .6306; and the
Npr;t\i \ C.::arolina Divisigry qf Wasty )vJa11_a,gewi;nt's L(the"Qi"'.isipn) ,':~egi~ter.ed
·• Eritddrirhentai ConstlUi\t:Pi'oghAi Rules ~rid 1%/,lementation Guidai\de ,,\ ·· ·•··· ....
The Remediator shall submit an annual letter progress report, on the anniversary of
the effective date of this Consent Order, which summarizes work performed since the
executioli of this Consent Order. These reports must include a statement confirming
work is progressing in a manner to achieve the mandatory work phase ·completion
deadlines set out in I SA NCAC 13C .0302 (h). These reports must include the
notarized•signatures of a duly authcirized representati~e of the Reniediator and of the
Registered Site Manager representing the Registered Environmental Consultant
(REC) assigned to this project.
• •
' • ··1 ' .. · . C.,,: ,,Within:thirty0six (36)· months after the. execution of this Consent Order, the
.,·r ,,• r, !;,. '.if,(Remediator shalh'complete a remedial investigatioh-afthe·Site\vhich complies with
the provisions of ISA NCAC 13C .0300 including, but not limited to, .0302(t), •
. ·,::'.L•t• :, .;J/,.0302(k)-(p ),;-:0306( c)-(h); and ,,030.6(q), ,; The,remedial'invesiigation shall not be
considered;complete ·until'the Remediator has submitted a·r~medial investigation
report·and completion statement, both certified in accordance with .0306 (b) by the
REC and the Remediator.
D. Within twenty-four (24) months of completion of the remedial investigation, the
Remediator shall begin operation of the remedial action system for groundwater at
the Site, which complies with the provisions of I SA NCAC 13C .0300 including, but
not lill)it\rd t9;;;QJ.Qg{/)VC~}0'.4.~~)t(p);p03Q§(p)@(1),!!nd Q.306(i) -(n). Operation
~Y.~!~~6~~¥f~~~~:
<~:,:,c:,:-:;::,:::,=,=,:,:::,:-•-·.·.•.•.•·=·=·:·:❖:•:❖:·:•:•:❖: .... ,•.· ~~ //:;::::::::=:=:=:
E. Ai \VtlhiR{Hi#~(~gj~] 96jmontRI ~fterJthe exectiii6h 6f this €6Riiht Order the
:.;.~;:::;:;:; ::::;:::;:;:;~:·:·:;:•.•,•· -,::::,. JliEl~!i&::tgf ;D~:
ADD1'JPNAIQ 1IISJ!:1sll!§;
B. All work plans, reports, completion statements and project schedules prepared
pursuant to this Consent Order shall be certified by a representative of the Remediator
in accordance with ISA NCAC 13C .0306(a) and .0306(b)(2).
C. In the event that the REC specified in Attachment A ceases to serve in that capacity
at the Site or is disqualified as an REC by the Division, the Remediator' s voluntary
remedial action status shall be subject to revocation if the Remediator fails to,propose
a replacement REC within sixty (60) days, in accordance with I SA NCAC 13C
.0302(n).
2
._ .... .. '
• •
D. Within ten (10) days of signing this Consent Order, the Remediator shall pay an
annu·a1 administration fee to the Division, in accord<1;nce. with 15A NCAC 13C
·.•, . :, -:0307(c); ·to lielp offset'.the.costs,ofthe Division's1audits:ofvoluntary;remedial actions.
C' . .' .. '· :;; j~ •,:·; · . ..-.: .!". ::' l':; } ('._ ·. '. __ .'.~.1 :..,_: :_i' i ::1 '.t(, ")··~:.:·•,; .'."'.:U '.},i;
E: _;;, ·:,The Reinediat6r-is responsib_le for obtaining,all-necessary registrations, permits and
,.,, : approvals in accordance with 15A NCAC 1-3C .0306(m)(3):
F. The Remediator and its REC shall preserve, for at least six ( 6) years after termination
of this Consent Order, all records and documents in its possession or in the possession
of its divisions, employees, agents, accountants, contractors or attorneys which relate
in any way to this Consent Order. After this six (6)-year period, the Remediator shall
notify tg,l,l,,Diyi,,~.ign,e!.l..::lA\JJ1irt:r;{322.1.~:rspri.gff9l9~S~Itruq1ion of any such records
-~~!f~f!i!?fifi~E]ff~]j
4f2Giv~i\Is;iiih?cthan11nalyii~~]\lata Pmsuant ti j~}\ NC4~{$,c:::_.0302(m) the
/ J§~.$.mG{F~~--i,?!i,i.n __ all*Uf.?,iisgfg,s an?l?ocum,~ij~~~~yond th~\§(~(g) year period )\ lih!ess it res~\y!J{Qiyjsi69 ~PPtilxi!.f9(di§truqJ9jj; t
A:~1!!~~-f ~A"l1rdll\~;.~~~
' tw~hl}fqy/ (24)h8ursp(\he tilf{~ ·wheri the Remediator. or· the'Remediator' s REC
REC-AOC.FI/it •
REV.1/18102 ·,• ·
Iknew8Vis118Gld•••haVekh8Whor silch
-~ .. . . .. '. '. . . . ' . '
, , ; r. '. ,r· ,·
3
·•1 _.-
•
North Carolina Department of Environment . ·
and Natural Resources '
Division of Waste Ma~agement .. .. " . . ' .. ' .. , '. ~, ' . . Superfund Section · . · .· · · , ' , . . ' .. ' . ~
•
Attachment A to ...
Administrative Order on Cop~ent
for Registered Environmental
Consultant-Directed Assessment
, and Remedial.Action Pnquant,to ·
: N.C.G.S. l30A-310.9(c) and.
ISA NCAC 13C .0300.
Docket No. 001SF200
We hereby certify that the Remediator has retained the undersigned Division-approved Registered
Environmental Consultant (REC), to implement and oversee a voluntary remedial action at the Site . ' ..... c~s ''O' .... ,,...,n(' '!"' ... T,..,.,r-, , .... r, 0"'"1" 1 h 1 . r! • 'D' .. pursuant 10 1'-.. u .. i.:, A..-.:, 1v.7 CJ am.1 )J-\. r~Ln..\..,, 1.n.., . .:;vu, no.:. t.,Jt tne ! .. rn.uers?gnec !v1s1on-
approved Registered Site Manager (RSM) shall serve as RSM for the voluntary remedial action.
The undersigned Remediator and REC agree to indemnify and save and hold harmless the State of
North Carolina and its agencies, departments, officials, agents, employees, contractors and
representatives, from any and all claims or causes-of action arising from or on account of acts or
omissions of the Remediator or REC or their officers, employees, receivers, trustees, agents, or
assigns in carrying out actions required pursuant to this Consent Order. Neither the State of North
Carolina nor any agency or representative. thereof shall be held to be a party to any contract involving
the Remediator relating t<;> the Site. ., , . . .,, i
I • • . •. ". •, -'. ,, • • ,
The Remediator affirms that the REC has been provided a full and complete copy .of this Consent
Order prior to signature. The undersigned REC representatives affirm that they have received, read
and intend to comply with the provisions of this Consent Order. · ..
Remediator:
f-i~/ /6t,,Z Cl'~,=
Ruth Cristenson, President
Cristex Corporation
Thomas Pr ctor, Partner
Mid Atlantic Associates, P.A. .
4
Registered Site Manager:
,i
"" Kathleen A.. Roush .
. '
• •
WEINBERGER, BERMAN & SINGER, P.C.
230 PARK AVENUE, NEW YORK, NEW YORK 10169
Barry Singer
TELEPHONE, [phone] FAX, [phone]. ' ;,' 1·1
I l lt I ,, D:, :
! JJ--"·
April 5, 2002
Via Federal Express
North Carolina Department of Environment
And Natural Resources
Division of Waste Management
Inactive Hazardous Sites Program
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Attn: Mr. John Powers
Re: 1Cristex Corp.
Dear Sir/Madam:
\ , APR -8
i
\ i___.
L:
Enclosed please find Cristex Corp.'s check number 1910 dated April 3, 2002, to
order of North Carolina Dept of Environment & ural Resources in amount of $2,500,
representing annual REC audit fee.
February 11, 2002
Ms. Hanna Assefa
\1!1?;¾J'1~{\N!J~
Engineering & Environmental Solutions
409 RoRt'rs \li('w Court I Raleigh I Norlh Carolina 127610
800-486-7568 /9/9-250-9918 /9N-250-9950 Facsimile
w11'11·.maao11li11e.com
REC-LEAD
w1 !l, :, i: ;• :u, ! .~
I I I .
L ::ON
North Carolina Department of Environment and Natural Resources
Division of Waste Management, Superfund Section
1 646 Mail Service Center
Raleigh, North Carolina 27699-1646
Subject: ADMINISTRATIVE ORDER ON CONSENT
CRISTEX SITE
OXFORD,NORTHCAROLINA
MID-ATLANTIC JOB NO. 098R0705.03
Dear Ms. Asseta:
Attached is a signed copy of the AOC for the Crist ex site located in Oxford,
North Carolina. Please forward final copies at the fully executed AOC to the
parties listed below.
,_
Mr. Barry Singer
Weinberger, Berman & Singer, P.C.
230 Park Avenue
New York, New York, 10169
Ms. Melanie Hamilton
Turner Encchs & L!oyd, P .. .l\.
717 Green Valley Road, Suite 300
Greensboro, North Carolina 27 408-7019
Mr. Derr Leonhardt, P.E.
,Leonhardt Environmental
3208 Twin Leaf Drive
Raleigh, North Carolina 27613
Ms. Kathleen Roush,p.G.
Mid,Atlantic Associates. P.P. ..
409 Rogers View Court
Raleigh, North Carolina 27610
' • Administrative Order on Consent
Cristex Site
Oxford, North Carolina
• February 11, 2002
Page 2
If you have any questions regarding this matter, please call me at 250-9918.
Sincerely,
MID-ATLANTIC ASSOCIATES, P.A.
Kathleen A. Roush, P.G.
Project Geologist
Attachment
cc: Melanie Hamilton -Turner Enochs & Lloyd, P.A.
Barry Singer -Weinberger, Berman & Singer, P.C.
Derr Leonhardt -Leonhardt Environmental
AOC letter 2-11-02/KAR/aso
MP?s-~J,~~N!J~
E11ginteri11g & E111'irrn1mcn1al So/111io11J