NCD000770487_20050602_Johnson Controls Battery Group_FRBCERCLA PA SI_Site Reassessment Report-OCR

I North Carolina
Department of Environment and Natural Resources
Di vision of Waste Management
I
Michael F. Easley, Governor
I William G. Ross Jr., Secretary
Dexter R. Matthews, Director
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ms. Jennifer Wendel
NC Site Management Section
US EPA Region IV Waste Division
61 Forsyth Street, 11th Floor
Atlanta, GA 30303
June 2, 2005
Subject: Site Reassessment Report (SRR)
Johnson Controls Globe Battery Div
Winston-Salem, Forsyth County, NC
US EPA ID: NCD 000 770 487
Dear Ms. Wendel:
The following is a Site Reassesslnent Report (SRR) completed by the NC Superfund
Section for the Johnson Controls Globe Battery Div site ("Johnson Controls"). Based on lack of
contaminants remaining on site and the lack of targets, the site is recommended for no further
action under CERCLA. ~
The site is located at 2701 Johnson Controls Road, Winston-Salem, Forsyth County, NC.
Corresponding geographic coordinates for the site are 36.1191 ° north latitude and 80. 1611 ° west
longitude (Ref. 3).
In 1978, Johnson Controls constructed the facility to manufacture, assemble, and charge
automobile batteries. By 1984, plant production ranged from 6,000-11,000 batteries per day
(Ref. 5). Around 1992, the plant expanded operation, with production estimated at between
14,000-22,000 batteries per day (Ref. 6). Raw materials used in the production of batteries
include pig lead, lead oxide, barium, sulphate, carbon black, and sulfuric acid (Ref. 5).
The wastewater pretreatment process uses sodium hydroxide to raise the pH, then
precipitates with ferrous sulfate, filters to remove large solids, and filter presses to produce the
lead sludge filter cake. The facility ships filter cake and lead contaminated solid wastes off site
to lead smelters (Ref. 6). The treated wastewater is either recycled back through the operation (in
the case of the lead oxide mill) or discharged to the City of Winston-Salem publicly owned
treatment works (POTW) (Ref. 6).
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \ FAX: [phone] \ Internet: http://w;isteootncorg/
AN EQUAL OPPORTIJNITY \ AFFIR.1-lATIVE ACTION EMPLOYER-SO% RECYCLED/ 10% POST CONSUMER PAPER
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ms. Jennifer Wendel
June 2, 2005
Page 2 of 5
Hazardous wastes generated during the operation are stored at the plant in 55-gallon
drums and 10 mil polyethylene bags. Hazardous wastes generated at the plant consist of pasting
conveyer belts, floor sweeping compounds, fiber and plastic separators, waste paper toweling,
wipe cloths, cheese cloths, work gloves, whole HEPA filters, fabric bag filters, wastewater
treatment plant residue, and wet scrubber (rotoclone) sludge. Wastewater treatment plant residue
and rotoclone sludge are removed on a batch basis and stored in a separate container storage area
and subsequently shipped to a smelter (Ref. 5). Disposal practices prior to 1980 are not well
documented. The dry waste is containerized and segregated in a separate waste storage area prior
to shipment to a smelter.
Since 1979, the facility has reported at least 13 unpermitted releases of hazardous
substances from the plant. In 1979, the company reported a 3,000-gallon spill of sulfuric acid to
the plant property, which was neutralized, shoveled into steel drums and shipped to a municipal
landfill in Forsyth County. They also reported a release of lead oxide dust covering about one
acre, which occurred while changing filter bags from air ventilation equipment at the plant (Ref.
7). On August 11, 1981, approximately 1,000 gallons of lead oxide and lead sulphate containing
wastewaters spilled to sedimentation basin #1 (Ref. 7). The facility removed and shipped 324
tons of lead contaminated soil from the basic and disposed the soil to the RCRA landfill in
Pinewood, S.C. (Ref. 8). An unknown amount spilled from a leaking valve in a sulfuric acid
transfer line in 1996 (Ref. 3). According to EPA's Toxic Release Inventory, the facility reported
discharges to surface water of 250 pounds of lead in 1987, 100 pounds of lead compounds in
1988, 250 pounds of lead compounds in 1989, five pounds of lead compounds in 1991, 1992,
and 1993, and 101 pounds of lead compounds in 1994. The facility reported a one-time release
of 114 pounds of lead compounds to a surface impoundment in 1995. Between 1988 and 2003, a
total of 27,381 pounds of chemicals (which included antimony, lead compounds, barium
compounds, lead, and sulfuric acid) were released both on-and off-site (Ref. 9).
The facility was placed on CERCLIS on August 1, 1980, after filing a RCRA Part A
Application with the US EPA (Refs. 10, 11). On October 8, 1981, the US EPA withdrew the
facility from its active permit file, indicating the site activities no longer involved storage of
hazardous wastes (Ref. 12). On November 9, 1981, the US EPA reclassified the site as a
generator and interim status storer of hazardous wastes (Ref. 13). On December 2, 1981, a
RCRA Interim Status Inspection cited the facility for failure to maintain personnel training
records and job descriptions and failure to adopt an emergency contingency plan (Ref. 14). A
December 1984 RCRA Interim Status Inspection noted surface water runoff as a concern (Ref.
15). Johnson Controls submitted a RCRA Part B application in 1984 for permission to construct
a hazardous waste storage area (Ref. 5). Johnson Controls withdrew its RCRA Part B
application, opting to establish an alternative means of disposal for hazardous wastes instead of
storing hazardous wastes on site for more than 90 days (Ref. 16). The facility is currently listed
as an RCRA large quantity generator (Ref. 17).
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ms. Jennifer Wendel
June 2, 2005
Page 3 of 5
On May 2, 1984, the NC Superfund Section conducted a Preliminary Assessment (PA) at
the site. A recommendation of no further action under CERCLA was made for the site, based on
the fact that it didn't appear to be a hazardous waste disposal site (Ref. 18). On September 12,
1990, NUS Corporation, under contract the US EPA, conducted a Phase I Site Screening
Investigation (SSI) of the facility. Based on information obtained during the Phase ISSI, the site
was recommended for a Phase II SSI (Ref. 15).
On May 9, 1991, Greenhome & O'Mara, Inc., under contract with the NC Superfund
Section, conducted a Phase II SSL A total of nine environmental samples were collected,
including three surface soil samples, two soil borings, two surface water samples, and two
sediment samples. Of the contaminants detected at significant levels, lead was found in both the
source areas and along the surface water pathway. Based upon the presence of lead both on site
and along the surface water pathway, the site was recommended for further action under.
CERCLA (Ref. 19).
On August 11-13, 1997, the NC Superfund Section conducted an Expanded Site
Inspection (ESI) at the Johnson Controls site. During the ESI sampling event, a total of 14 soil
samples, two groundwater samples, 20 surface water samples, and 21 sediment samples were
collected. Based on soil contamination in three main source areas (the acid storage tank area, the
lead oxide unloading dock, and a former drum storage area) and contamination along the surface
water pathway, as well as the presence of HRS-qualifying wetlands and a downstream surface
water intake located along the surface water pathway, the site was recommended for further
action under CERCLA (Ref. 20).
Johnson Controls entered into an Administrative Order on Consent (AOC) with the US
EPA Region 4 on April 4, 2000. The purpose of the AOC was to provide for the financing and
performance of the Engineering Evaluation/Cost Analysis (EEJCA) by Johnson Controls as well
as the reimbursement of response costs incurred by the US EPA in connection with the site. The
AOC also required Johnson Controls to investigate the site and identify and evaluate potential
response actions to abate any imminent and substantial endangerment to the public health,
welfare or the environment that may have been presented by the actual or threatened release of
hazardous substances at or from the site (Ref. 21).
The Final EE/CA was completed in March 2002 by ENT ACT & Associates, LLC
(ENT ACT). During the course of the site investigation conducted under the EEJCA, over 560
soil, sediment, surface water and groundwater samples were collected and compared to the site
screening levels (SSLs). The primary contaminant of concern was confirmed to be lead, with the
highest concentrations found in the vicinity of the source areas near the manufacturing plant, and
in particular, the lead oxide unloading area. Contarnjnation was also present at elevated levels in
the storm water basin (basin #1), which has historically received the runoff from the lead oxide
unloading area. Contamination, though at much lower levels, was detected in the remaining two
storm water basins (basin #2 and basin #3), as well as the wetland areas downgradient of each of
the three basins (Ref. 22).
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ms. Jennifer Wendel
June 2, 2005
Page 4 of 5
Based on data collected under the EE/CA, several remedies were proposed for the site.
Several factors, such as cost, long-term effectiveness, and risk, were taken into consideration.
The following remedies were determined to best meet the needs for effective site cleanup:
•
•
•
•
•
Removal and disposal of contaminated soils from the plant area .
Removal and disposal of contaminated soils and sediments in the vicinity of basin
#1, and to a lesser extent, in the vicinity of basin #2.
Removal of basin #1 from service .
Redirection of storm water flow from basin #1 to an enlarged storm water basin,
which will served to capture and retain storm water and any accompanying
contaminants from the plant area. The new basin area would be fenced to restrict
access.
Substantial upgrades in housekeeping measures involving lead at the plant,
including periodic sweeping of the area of the lead oxide unloading dock, the
parking lots, and associated high traffic areas.
Because sediment toxicity testing conducted in the wetland areas downstream of basin #1
indicated sediments would not pose an ecological risk, no remedy was proposed for the wetland
areas (Ref. 22).
The Action Memorandum for the PRP-Lead Non-time Critical Removal Action was
signed by the US EPA on June 5, 2002. Proposed actions were established for three areas: the
plant area, which consists of a large manufacturing plant, a trailer maintenance building, a
warehouse, a concentrated acid storage building, an acid mixing building, a wastewater
pretreatment system, a guardhouse, offices, asphalt parking surfaces and maintained grass areas;
sedimentation basin 1 area; and sedimentation basins 2 and 3 area. Post-removal concentration
requirements for each of the areas were established. Maximum levels remaining on site of 750
mg/kg for lead and 1394 ug/kg for benzo(a)pyrene were established for the plant area, while a
maximum level remaining on site of 400 mg/kg for lead, with the average not to exceed 100
mg/kg, was established for both the sedimentation basin 1 area and the sedimentation basins 2
and 3 area (Ref. 23).
The Final Removal Design/Removal Action (RD/RA) Workplan, completed by
ENTACT, was submitted to the US EPA on September 18, 2002 (Ref. 24). The Final RA
Completion Report, also completed by ENT ACT, was submitted in November 2004. According
to the Final RA Completion Report, approximately 9.2 tons of railroad tracks, 16.3 tons of
railroad ties, and 900 cubic yards of contaminated and/or treated soils were removed from the
plant area. In addition, approximately 3,100 and 750 cubic yards of contaminated and/or treated
soils were removed from the sedimentation basin 1 area and the sedimentation basins 2 and 3
area, respectively. A portable X-Ray Fluorescence (XRF) meter, along with laboratory samples,
was used to confirm that removal goals had been met (Ref. 25).
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ms. Jennifer Wendel
June 2, 2005
Page 5 of 5
In addition to the on-site soil contamination, the issue of on-site groundwater was
addressed. The most recent sampling, from April 2003, confirmed the presence of only three
contaminants in groundwater at levels which exceed the NC groundwater standards found in 15A
NCAC 2L (2L). Chloroform was detected in four wells at a level that exceeded the 2L standard;
however, those values were all qualified as estimated values by the laboratory. Two pesticide
compounds, delta BHC and heptachlor, exceeded 2L standards in MW-6, an upgradient well, and
therefore may not be considered site-related (Ref. 25).
Several improvements were also made to the on-site storm water management system.
Basin #1 was taken completely out of service and replaced by a new sedimentation basin
(megabasin), which was designed and constructed to give more capacity and extended settling
time during extended periods of precipitation. New and replacement catch basins and piping
were also installed to collect storm water from parking lots around the property and direct it to
the new megabasin (Ref. 25).
A final inspection of the site was conducted by the US EPA, NC DENR, ENTACT, and
representatives of Johnson Controls on September 8, 2003. Several areas of erosion around the
megabasin were noted. ENT ACT mobilized to the site on September 13, 2003 to perform the
additional repair and redesign work. Following the completion of the additional work, the RA
was determined by the US EPA and NC DENR to have been successfully completed in
accordance with the requirements listed in the AOC, Statement of Work (SOW) and the
approved Final RD/RA Workplan (Ref. 25). In addition to all the work conducted at the Johnson
Controls site, a Declaration of Perpetual Land Use Restrictions and Survey Plat was filed with
the Forsyth County Register of Deeds in September 2004 (Ref. 26).
Based on the removal of on-site source area contamination and minimized impact to the
surface water pathway through the restructuring of the on-site storm water management, the NC
Superfund Section recommends a designation of no further remedial action planned (NFRAP)
under CERCLA. If you have any questions regarding this recommendation, please contact me
at [phone] or by email at [e-mail].
Sincerely,
Th J__~ 13 a.Jtctx
Melanie Bartlett
Site Evaluation and Removal Branch
NC Superfund Section
Attachments
cc: Scott Ross, File
Charlotte Jesneck (letter only)
im Bateson, Head
Site Evaluation and Removal Branch
NC Superfund Section
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
Johnson Controls Globe Battery Div
NCD 000 770 487
REFERENCES
United States Environmental Protection Agency. 40 CFR Part 300, Hazard Ranking
System: Final Rule, December 14, 1990.
United States Environmental Protection Agency, Superfund Chemical Data Matrix,
Appendix B. January 2004.
Bartlett, Melanie, NC Superfund Section. Latitude and Longitude Calculation
Worksheets, Johnson Controls Globe Battery Div, Winston-Salem, Forsyth County,
North Carolina. EPA ID: NCD 000 770 487. June I, 2005. Update Included
United States Department of Commerce, Technical Paper No. 40, Rainfall Frequency
Atlas of the United States, 1961.
Environmental Research and Technology, Inc. RCRA Part B Application for Hazardous
Waste Storage Area. Prepared for Johnson Controls, Inc. Globe Battery Division,
Winston-Salem, North Carolina, In Conjunction with: Johnson Controls, Inc.,
Milwaukee, Wisconsin. Document D-144. June 1984.
Moore, Douglas, Environmental Chemist, NC Superfund Section. Memo to File. Subj:
Onsite Reconnaissance. Johnson Controls-Globe Battery Division, Winston-Salem,
Forsyth County, North Carolina. EPA ID: NCD 000 770 487. May 12, 1997.
Nicolai, Robert F., Manager -Environmental Control, Johnson Controls. Letters to Mr.
Frank Moore, Department of Human Resources. Subject: Johnson Controls, Inc.' s EPA
Notifications of Previous hazardous Waste Spills dated 6/8/81 -Winston Salem Facility
-NCD 000770487. December 8, 1983.
Pegram, Mark, Engineering Manager, Johnston Controls. Letter to Mr. Steve Phibbs,
N.C. Department of Human Resources, Solid and Hazardous Waste Management Branch.
Subject: Lead Spill Clean-Up Proposal. May 13, 1983. w/attachments.
US EPA Toxic Release Inventory. Johnson Controls Inc. Battery Group. 1987-2003.
Update Included.
CERCLIS Database. Johnson Controls Globe Battery Div, Actions.
EPA Hazardous Waste Permit Application (EPA Forms 3510-1 and 3510-3) for Johnson
Controls, Inc., Globe Battery Division, Winton Salem, North Carolina. Filed by Milton C.
Zillis. 1981.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Taimi, T. Michael (EPA). Letter to Mr. Robert F. Nicolai (Johnson Controls) regarding
withdrawal of the Part A Hazardous Waste Permit Application. October 8, 1981.
Thoman, Daniel P. (EPA). Letter to Mr. Robert F. Nicolai (Johnson Controls) regarding
reactivation of file and notification of Part A Hazardous Waste Permit Application.
November 9, 1981.
RCRA Inspection Report for Johnson Controls, Inc., Globe Battery Division. December
2, 198 l.
Tanner, Terry L. (NUS Corporation). Phase I Site Screening Inspection report, Johnson
Controls, Inc. Globe Battery. Winston-Salem, Forsyth County, North Carolina. EPA ID:
NCD 000 770 487. TDD No. F4-9001-170. September 12, 1990.
Meyer, William L (NCDHR). Letter to Mr. Mark Pegram (Johnson Controls) regarding
intent to deny hazardous waste permit. May 27, 1986.
Edwards, R.J. (NC DENR). Letter to Mr. Eric Henningsberg (Johnson Controls)
regarding change in facility status under RCRA program. September 21, 1995.
Potential Hazardous Waste Site Preliminary Assessment (EPA Form 2070-120) for
Johnson Controls, Inc., Globe Battery Division. Filed by O.W. Strickland (NCDHR).
May 22, 1984.
Greenhome and O'Mara, Inc., Phase II Screening Site Investigation for the Johnson
Controls, Inc., Globe Batter Division. Winston-Salem, Forsyth County, North Carolina.
EPA ID: NCD 000 770 487. October 1991, Revised February 1992.
Moore, Doug and Pat DeRosa, NC DENR. Expanded Site Inspection. Johnson Controls
-Globe Battery Division, Winston-Salem, Forsyth County, North Carolina. EPA ID:
NCD 000 770 487. September 1998.
US EPA, Region 4. Administrative Order on Consent for Conducting An Engineering
Evaluation/Cost Analysis. Docket No. 00-21-C. Johnson Controls Battery Group, Inc.,
Respondent. Effective April 23, 2000.
Hall, Daniel W., PG, Montgomery Watson Harza. Final Engineering Evaluation/Cost
Analysis, Johnson Controls Battery Group, Inc. Project No. 2082326.01160101. March
2002.
US EPA, Region 4. Removal Response Action Memorandum, Sub: Request for PRP-
Lead Non-time Critical Removal Action, Johnson Control Battery Group Site, Winston-
Salem, Forsyth County, North Carolina. EPA ID: NCD 000 770 487. Approved June 5,
2002.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
24.
25.
26.
Preston, Christopher D., P.E., and Patricia Vojack, P.G., ENT ACT & Associates, LLC.
Final Removal Design/Removal Action Workplan for the JCBGI Walkertown Site.
Johnson Controls Battery Group, Inc., Winston-Salem, Forsyth County, North Carolina.
EPA ID: NCD 000 770 487. September 2002.
ENT ACT & Associates, LLC. Final Response Action Completion Report for the JCBGI
Walkertown Site. Johnson Controls Battery Group, Inc., Winston-Salem, Forsyth County,
North Carolina. EPA ID: NCD 000 770 487. November 2004.
Benton, Vaughn, Johnson Controls. Letter to Mr. Kyle R. Hagen regarding declaration of
perpetual land use restrictions and survey plat. September 21, 2004. Included.
I
I
I
I
I
I
I
I
I REFERENCE3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
LATITUDE AND LONGI'IUDE CALCULATION WORKSHEET #2
LI USING ENGINEER'S SCALE (1/60)
SITE NAME: Johnson Controls Globe Battery Div CERCLIS #: _____ N=C~O---"0~0~0----'-7~7~0---"4~8~7----
AKA: n.a. SSID: n.a.
ADDRESS: 2701 Johnson Controls Drive
CITY: Winston-Salem STATE: NC ZIP CODE: ______ 2_7_2_8_5 _____ _
SITE REFERENCE POINT: main facility
USGS QUAD MAP NAME: Winston-Salem East, NC TOWNSHIP: ____ N/S RANGE: ___ E/W
SCALE: 1
MAP DATUM
24,000
1927
MAP DATE, 1994 SECTION: 1/4 ___ l/4 __ _
I 1983 I (CIRCLE ONE) MERIDIAN:
COORDINATES FROM LOWER RIGHT {SOUTHEAST) CORNER OF 7.5' MAP (attach photocopy)
LONGITUDE: 80 0 7 30.00 LATITUDE, 36 0 0
COORDINATES FROM LOWER RIGHT (SOUTHEAST) CORNER OF 2.5' GRID CELL:
LONGITUDE: 80 7 30.00 LATITUDE: 36 5
CALCULATIONS: LATITUDE (7.5' QUADRANGLE MAP)
A) NUMBER OF RULER GRADUATIONS FROM LATITUDE GRID LINE TO SITE REF POINT:
B) MULTIPLY (A) BY 0.3304 TO CONVERT TO SECONDS:
A
CJ
D)
X 0.3304 128.86
EXPRESS IN MINUTES AND SECONDS (l' 60" I
ADD TO STARTING LATITUDE: 36 5
SITE LATITUDE: 36 7 8.86
36.1191°
0.00
CALCULATIONS: LONGITUDE {7.5' QUADRANGLE MAP)
2
+
8. 86
2
A) NUMBER OF RULER GRADUATIONS FROM RIGHT LONGITUDE LINE TO SITE REF POINT:
B) MULTIPLY (A) BY 0.3304 TO CONVERT TO SECONDS:
A X 0.3304 129.85
C) EXPRESS IN MINUTES AND SECONDS (l' 60" I
D) ADD TO STARTING LATITUDE: 80 7
SITE LONGITUDE: 80 9 3 9. 85
80.1611 o
INVESTIGATOR: Melanie Bartlett
2
30.00 +
DATE:
9.85
2
6/1/2005
0. 00 "
0. 00 "
390
8. 86 "
393
9. 85 "
1/4
I
I
I
I
I
I
I
I
I REFERENCE9
I
I
I
I
I
I
I
I
I
I
EPA TRI Explorer Report Facility Releases Trend, By Chemical http://www.epa.gov/cgi-bin/broker?TRI=27 I 02JHNSN270 I W &TR ...
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
U.S. Environmental Protection Agency
TRI Explorer
Recent Additions I Contact Us I Print Version Search:
EPA Home> TRI> TRI Explorer (ver 4.4}> Reports
Releases: Releases Trend Graph EPA Office of Environmental Information Data
source:
To1al On-and Off-site Releases,9 Chemicals Reported Between 1988 and 2003
00 I " a:
"' ·ffi
I
8
" Iii
I
C 0
11!
rJ.
15,000
14,000
13,000
12,000
11,000
10,000
9,000
8,000
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
Chemical
14,620
1988 1989
-ANTIMONY
""'""
1,854
1990
r::=:J LEAD COMPOJNDS
TRIF ID 27102JHNSN2701W
884 1,020 --I I I I
1991 1992
2,339 n 2l6 452 422 518 ffi6 563 ,--, r-7 r7 135 122 126 1717 ' '
1993 1994 19S6 1996 1997 1998 1999 2000 2001 2002
Year
-ANTIMONY ca.lPOONOS -ARSB'IIC COMPOJNOS
-BARIUM cu.'lf'OUNOS -L6'0 -SCDIUM HYDRO>lOe (SOWTIO>l) -SULFUFIC AOD ( '00<! AND AFTffi "A
482
r,
2003
----··--·-----------------
Release:
Releases Trend Graph
Go to TRI Explorer Home
This request look 1.61 seconds of reol time (v8.2 build l JY /).
May 24, 2005
Comments?
5/24/2005 9:02 AM
I
I
I
I
I
I
I
I
1 REFERENCE 26
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
J~HNSON
CONTRgLs
Mr. Kyle R. Hagen
NCDENR
1646 Mail Service Center
Raleigh, NC 27699-1646
Johnson Controls Battery Group Inc.
2701 Johnson Controls Drive
Post Office Box 1667
Kernersville, NC 27285-1667
[phone]
tember 21, 2004
RE: Declaration of Perpetual Land Use Restrictions and Survey Plat
Johnson Controls Battery Group, Inc.
NCD 000770487
Dear Mr. Hagen:
Per your request, please find the following documents enclosed:
• Certified Copy of Survey Plat
• Certified Copy of Declaration of Perpetual Land Use Restrictions
• Copy of Grantor Index
Should you require additional information, please feel free to contact me. ;zly, v,¼~
Facilities Engineer I Environmental coordinator
Ph: 336/ 734-2320
---Printed:
9/20/2004
4:20:22 PM
GRANTOR
JOHNSON C
--
GRANTEE
ALL
- ------ -
DICKIE C WOOD -REGISTER OF DEEDS
FORSYTH COUNTY
INSTRUMENT TYPE
ALL
DATE RANGE
ALL DATES TO -PRESENT
--Page 1
\'<l.0_H:i K.JS0~iG.0NIT;R0 CS ii !\JG~~{ [~sr~~l'itf:~-~~Lt}~llt.1~10?] ~~~¥"1!4f~{~~~~~lfi?l.:.k<W,f ~~g~fff~A~: t~f!.:~ffe'Wi{~;;:r~\Y:;it·,:ii~i50;'-'~~~~~k?!~Kt~t~7;~~$~\¾ii!~tEtt:r~t~]Ii~
Date Code-Book-Pa e T e Descri tion Reverse Part / D Status Cross-Ref
12-21-1990 RE-1706-3264 DEED 64.95A-ALL LOTS GREENWOOD JOHNSON CONTROLS BATTERY
FOREST SC 1 & SC 2 & LT 4 MAP GROUP INC /
KATHERIN H SHORE PROP
,Y \'-?1l!Ji§!i?Ni~.!?~~.('l!:3.~~,§ ;B~ifif:ERYi'1-GROWP.ilN • §~~CC-~CC~w.~CCJ~'-:~,4°"_.~CC:,0-~~7,~ic,1~~-~CC~;C.;J'"f~f"{"'tra,f?.-J{ ~~ifliit~{i~lt1!~8itllit!~iligiif1:I;~~~I-
Date Code-Book-Pa e
12-18-1992 RE-1766-1090 ESMT
12-16-1996 RE-1928-2272 AGMT
12-16-1996 RE-1928-2275 AGMT
12-16-1996 RE-1928-2282
12-16-1996 RE-1928-2286
''!J0f;llsJS0f)l!€0NTiR01iS' ;!U-'~t.·_,,;;,,:,••>"'<c"(;~.,....~.,.,., ..... ,...:~.,,-{;--'''
;BJl;ifif;E R:Y:1G R 01'.1 B;I N G
WATER LINE ACROSS PROP MFORK TP
LT 201 BL 3262 TMAP
CONSTRUCT MAINTAIN & OPERATE
STORMWATER CONTROL STRUCTURE
WATERSHED PROTECTION
ORDINANCE-DEVELOPMENT OF PROP
WITHIN PUBLIC WATER SUPPLY
WATERSHEDS
PROP 2.32A LT 30 BL 3273 TMAP
PT TCT 1 LT 30 BL 3273 TMAP
Reverse Part / D Status Cross-Ref
WS CITY OF/
JOHNSON CONTROLS BATTERY
GROUP INC/
JOHNSON CONTROLS BATTERY
GROUP INC /
SALEM LAKE WATERSHED /
FORSYTH CO/
Date Code-Book-Pa e Descri lion Reverse Part / D Status Cross-Ref
09-03-1998 P-40-200
;1.J .Q Ii! NS Q Nf €.0 f)lif,!t7~1.~""};
Date Code-Book-Pa e
09-20-2004 .RE-2505-3516
WEST MOUNTAIN ST MFORK TP
NOTICE OF INACTIVE HAZARDOUS
SUBSTANCE OR WASTE DISPOSAL
SITE
-&~~f;1i)~7D~t-r¾t~1 @~t~~fMi~ti"ffi'~l~ "· .
Descri lion
TEMP
/i1.0ftt N_S0r5J[Gt0J~iTI_~Qlli_S~l!~Jt: i?!K1i:tlr~":f~¾i'_1~~/~,iJ!{[~ :0WNERi~fu~i~tl~~~~~ft~~~[~g~tfil)::~
Date Code-Book-Pa e T e Description
09-20-2004 P-47-114 PLAT MFORK TP NOTICE OF INACTIVE
HAZARDOUS SUBSTANCE OR WASTE
DISPOSAL SITE
Reverse Part / D Status Cross-Ref
Cross-Ref
}
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
•
2004065955 00219 = FORSYTH CO, NC FEE $26.00
;;;;;;.iiiiiiij PRE:S£ffED l Rl:CORDED:
09-20-2004 03:46 PH === DICKIE C WOOO = REQISTER OF DEED:'!I
By,S L POINDEXTER OPTY
_BK:RE 2505
-PG:3516-3520 --
DECLARATION OF PERPETUAL LAND USE RESTRICTIONS
Johnson Controls Battery Group Site, Forsyth County, North Carolina
The real property which is the subject of this Declaration is contaminated with
hazardous substances, and is an INACTIVE HAZARDOUS SUBSTANCE OR WASTE
DISPOSAL SITE (hereinafter referred to as the "Site") as defined by North Carolina's
Inactive Hazardous Sites Response Act, which consists of Section 130A-310 through Section
130A-310.19 of the North Carolina General Statutes (N.C.G.S.). This Declaration is part of
a Remedial Action Plan for the Site that has been approved by the Secretary of the North
Carolina Department of Environment and Natural Resources (or its successor in function), or
his/her delegate, as authorized by N.C.G.S. Section 130A-310.3(f). The North Carolina
Department of Environment and Natural Resources shall hereinafter be referred to as
"DENR."
Johnson Controls Battery Group, Inc., whose principal office is at 5757 North Green Bay
Avenue, Milwaukee, Wisconsin 53209, is the owner in fee simple of the Site, which is located in the
Town of Walkertown, in the County of Forsyth, State of North Carolina, and is the real property
legally described in Deed Book 1706, Pages 3264-3266 in the Office of the Register of Deeds for
Forsyth County.
For the purpose of protecting public health and the environment, Johnson Controls Battery
Group, Inc., acting by and through John P. Kennedy, its Vice President, hereby declares that all of
the real property comprising the Site shall be held, sold and conveyed subject to the following
perpetual land use restrictions, which shall run with the land; shall be binding on all parties having
any right, title or interest in the real property comprising the Site or any part thereof, their heirs,
successors and assigns; and shall, as provided in N.C.G.S. Section 130A-310.3(f), be enforceable
without regard to lack of privily of estate or contract, lack of benefit to particular land, or lack of any
property interest in particular land. These restrictions shall continue in perpetuity and cannot be
amended or canceled unless and until the Forsyth Cow1ty Register of Deeds receives and records the
written concurrence of the Secretary ofDENR (or its successor in function), or his/her delegate.
PERPETUAL LANO USE RESTRICTIONS
1. No activities that result in direct exposure to or removal of groundwater (for
example, construction or excavation activities which encounter or expose groundwater) may
be conducted on the Site without prior sampling and analysis of groundwater in the area
where such activities are to be conducted, submittal of the analytical results to DENR or its
successor in function along with plans and procedures to protect human health and the
environment during those activities, and approval of those activities by DENR or its successor
in function. --flJ a,_-; /rJ : .,....,...-. · .:r; .\-\\.1'301-1 C 'Ot>J'l R. :J L -s LJc .
1-'761 T001-l5DN C:..,oNi,zot...S J)e ·
-?O. t;-o;< I ro·b 7
KE {2..(J£\2Sl,ii::.LLE / N .C
:.J. 1 ~ 9, Lt
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
2. Prior to conducting any excavation on the portion of the Site denominated "RESTRICTED DUE TO CONTAMINATION" on the plat referenced in the "NOTICE" section of this Declaration, the owner of that portion shall obtain the approval of DENR or its successor in function, upon such conditions as DENR or its successor in function determines are appropriate, including sampling and analysis of excavated soil for total and TCLP metals, cyanide, and volatile and polyaromatic hydrocarbon organic compounds in accordance with the most current version of Environmental Investigations Standard Operating Procedures and Quality Assurance Manual of the U.S. Environmental Protection Agency or its successor in function.
3. Within seven (7) days of each anniversary of the effective date of this Declaration, the owner(s) of the portion of the Site denominated "RESTRICTED DUE TO CONTAMINATION," on the plat referenced in the "NOTICE" section of this Declaration, shall submit a notarized Land Use Restrictions Update to DENR certifying that this Declaration of Perpetual Land Use Restrictions remains recorded at the Forsyth County Register of Deeds office, that the land use restrictions herein are being complied with. The Land Use Restrictions Update shall be addressed to DENR Superfund Section, 1646 Mail · Service Center, Raleigh, NC 27699-1646.
ENFORCEMENT
The above land use restrictions shall be enforced by any owner, operator, or other party responsible for any part of the Site. The above land use restrictions may also be enforced by DENR through the remedies provided in N.C.G.S: Chapter 130A, Article I, Part 2 or by means of a civil action, and may also be enforced by any unit of local government having jurisdiction over any part of the Site. Any attempt to cancel this Declaration without the approval of DENR or its successor in function shall constitute noncompliance with the Remedial Action Plan·approved by DENR for the Site, and shall be subject to enforcement by DENR to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto.
NOTICE
These land use restrictions are an integral part of the remedy for the contamination at the Site. Adherence to the restrictions is necessary to protect public health and the environment. In addition to this Declaration, a Notice of Inactive Hazardous Substance or Waste Disposal Site, constituting a survey plat identifying the type, location and quantity of hazardous substances remaining on the Site and approved by DENR pursuant to N.C.G.S. Section 130A-310.8, is attached hereto for recordation at the Forsyth County Register of Deeds' Office.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Site is sold, leased, conveyed or transferred, pursuant to N.C.G.S. Section 130A-3 I0.8(e) the deed or other instrument of transfer shall contain in the description
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
section, in no smaller type than that used in the body of the deed or instrument, a statement that the real property being sold, leased, conveyed, or transferred has been used as a hazardous substance or waste disposal site and a reference by book and page to the recordation of the Notice of Inactive Hazardous Substance or Waste Disposal Site referenced in the preceding paragraph above.
STATE OF WISCONSIN
COUNTY OF MILWAUKEE
By:
Johnson Controls Battery Group, Inc.
~ii~ Name: J P ~ edy
Title: V<lresident
I, .S-,sc 11 I Clu, ,/(tin ;,, , , a Notary Public of the County and State aforesaid, certify that John P. Kennedy, personally came before me this day and acknowledged that he is the Vice President of Johnson Controls Battery Group, Inc., a Wisconsin corporation, and that by authority duly given and as the act of the corporation, the foregoing Declaration of Perpetual Land Use Restrictions was signed in its name by John P. Kennedy as its Vice President.
WITNESS my hand and official stamp or seal, this ~day of \~ , r , 2004.
Ai,j ....
_:":'OT A;;,!--· .
....,;-
·._ ,0U3LIC, _-
. . . . . .
Name: .St., _\ a r I I_ ( I,, , ·:: I , ,, " , n--1
Notary Public
xp1res: C, · t f, · c S ·
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ATTEST:
Secretary, Johnson Controls
ST ATE OF WISCONSIN
COUNTY OF MILWAUKEE
I, 0 {~a L-. :J;a,f~, a Notary Public of the County and State aforesaid, certify that Mark L. Koczela, personally came before me this day and acknowledged that he 1s the Secretary of Johnson Controls Battery Group, Inc., a Wisconsin corporation, and that by authority duly given and as the act of the corporation, the foregoing Declaration of Perpetual Land Use Restrictions was signed in its name by its Vice President and attested by him as its Secretary.
WITNESS my hand and official stamp or seal, this
AP.PROV AL AND CERTIFICATION OF THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
The foregoing Declaration of Perpetual Land Use Restrictions is hereby approved and certified.
By:
Name: Dexter R. Matthews
Title: Director
ent and
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
REGISTER OF DEEDS CERTIFICATION
The foregoing Declaration of Perpetual Land Use Restrictions is certified to be duly recorded at the date and time, and the Book and Page, shown on the first page hereof.
Register of Deeds for Forsyth County
By:
Name:
Title:
Controls Battery Group, Inc.
-P. ~. \1<o ""'lkltnl
. STAI! Of WISCONSIN
COUIITY Of MII.WOUK££
1, ·L,,;.o,, l 1 ·h, ,/,c,,, (1'-t; • o Notory
Pubk al lllt County onc1 Slot, dor-, ..-tJfy lllot Jahn P. l<ennecfo/, perwanally came btfcn me this cloy ond
ock~ that ht ii the V'a PrNident: of Johrwon
EJP
C..trol• Bottery Group, Inc;., • --oO!po,otiot, ond "'
thot by oulhoritJ ...,,, gmn ond ot lllt oct of lllt 8
coepa,otion, 111< forogoing DeclornUo• af f'e<potuoi I.Jlnd U.. I!! <.: I
Resbictions was s!Qned in Its 11C1mc by John P. Kennedy as ~ ~ I , .. __ ...,_g
Vffl'Ntss my hand and official stamp or Nal tl'lil . -~
---·~ of 1 ~ {·' ,' 1 ,. 1 ,, \ 1 , 2004. I
. . . . . . .
'E
iu-G IE'AR1111NT,M'1EW omco
flW. SUIINSION Pl.Al lf'PROVAI...
n,, it ., all1ffy tt,at llllt plat ,,_ lhe ~ ,oqu-al tt,e
Unified -.., • .,11 Onllnanco &,bdlwltion ~ for llnttoe-Saltm/ f...,., County.
u;,sww m. SIMMAW,n..Rwin Offic9r-of Fcn,tfl
CoootJ, certify that lllt map " plat lo -tlllt -lo affixed
meet, an ~ -fa, ~-
I, N,><\.'t,..I.;. ~~l\li,. a.t" _,.. c..,
of Forl)'f.h COl.llty. N.C. do ctftlfy that J)&c ,, S:h~ ......
pel"IOMll)i app«Qd befOtt Me this day and otxnowl,d91d tht dut
execution o1 Ille loregonJ ---m, hand ond oota,.,i .......... <·
seal this _\_ •-of >e c>S t=:-S'>r g , 2004.
&,. ,ivk a\1l'1>fo ~ Slgnatur• ond iltle
My .. tniN.I 1 , ....,. :s, -d~-.ol:pOC:\
NORTH CNIOUN.\, F'ORSYJH COUNlY ' ,._ • I •• >
• 1 l ;_ / .•. ),,.).._A._}...}._,,•. J
(I OFFICIAL SEAL
Nolary Plll:ltlc, Nori! Carolllll COl/lf!V 0, l'OR8YTH
LOAl~L LOWERY.
lit/ Com::J tlar'I EIDI• • .25:raJ<;Xi)
91, John P. SccwiHe, NI, certify that this plat wcis drnn unde1' my ~ from
prmowjy roconltd plat Information ,_ at PB JJ, Pg. 180, PB 34, Pg. 132, PB
35, Pg. :ze. ond PB 39, Pg, 6; lllot the boundarln not ,..,...,..i en ctoor1)'
lndk:ot.d 01 drom from lnformotlon found in PB "· P9-um. PB .14-, Pg, 132, PB
35, Pg. 28. ond PB 39, Pg. 6; lllot the rotio af ~ ot ctlo-it N/t,;
thot thlt ptot WOI p,9p0rt<I In occordanc, with N.C. Genttol Statut. 1~310.8,
~ecordotion of inactM hazordoul Utltonce or woste dlsf>0$01 lites· ot amended
ond N.C. Gen.tOI Stotutt •7-JO 'Mapping Reqv-• ot amended. WllnN, "'l'
or~nal 1'9flalurt, reglatrotion numw ond Sod lhb 20T'H
day ., A.-u&-r . 20.e4-
g::/-#-
I . '. '-+, \...IJ o..r..•·,c.,... Q. . W 00d
• ....flD.a,,.._,N,k.,&.i,llfS.,..C'.-t '
of Forsyth Counly, N.C. do c..-tify that ..::So~;,t!;~/'l•m'\
..,...,.1\1 --me lNI doy ond oduloltedgecl lllt dut
I, John P. Scovile, I, Protneionol l.ffld ~. Number L-J.143, ~
that ltNs ii o ptot d a ll,IMI)' of a category t.ing on exceptiml t, h
=af•~&; .(•g3,I,
Surveyor Rffttralion No, ·
forl)th C.,,,ly, Horth Garaina
, . •tcution of tht fOf99011t9 cwtlflcfle. Wltnea my hand ond IM)torld \ \ L ~-.__ NOi ttn •o"m. of Ay,rj4:-"._ . ' . • :zoo,.
CU, t ltf9Mmlrrc(i2..9,\0tXX9
Signotl.l't Cl"ld Me
My-.. "'""" ?,-..-..2 ... QO, NORTll CNIOUNA. FORSYIH OOUHIY
'_\
\\
'-+ \
\ ' . ~ .
·, .
\
\ ' \
,~~r-·
J •·l·•
,:..) ~ d \...\CJ
OffD BOO< 1706, PAGE J264
TAX BLOCK J262
. . . . .
\
\
--
I
I
;
)
'
ti) ;
:,.
"' -<
~ ....
~ ~ a
100
i
\
\
( y ··, .. •,,
• ~--
--:--r J.~ "·•.-.'.I'---~
· -. EX. STONE
WAD8J GRID COC/1D.:
,•"). )·' ... ')-.
II 1'64, 458.28J
f 1,656,608.188
a ) , .. ,
; .. ,
--. ' ! ·,
' ,, ,,
I
GRAPHIC SCALE .. ,oo 200
I
'
:
( IN FEET )
1 inch= 100 ft.
I
l I I
---·;··
-_J
,/
(
' (
' I
rl '
! I • I I
! i ' .
'
! 1,
! I
," ~,·
l/ I/ l! ii .y
I,
If ~r
II ,,
LOT 201
□
)
.. ,. -·
,I 1' 1,
'
'i
l 1
I/
T . I• •..
/
\ --------------------,
b!.liLDIIJ1.:
Wf57£RN WIT OF
Cot/TA/Jlf'IA TrD AREA IS
TH£ BUR.Dlf'IG fXID/1(11 WALL
I ·1
l
\'.·(]' . i-l.-\: -.
. .
I
... : •. ,32.74'
' i-.S89"44'55"W 1l f~ I
• I
j, 1-
1 'N89'44'5J"f
50.59'
Tm prupe,ty ha■ e.., uad "' o lrlomrdc,ul Nllton01 or wane dilpceal
tile. A Notice of mctfwe Hazardout w.taftce or waete Dispoad Sile i1
-In lllt FGn)lh Caun1j, • .,..., al Doed't affict ot Plat lloalc
!:M... ~ Outttlant 0GIIWllnll llllt -..., llo -lo the Norlh DMoion af w..lt lb"9'nltnt, Si,po!fl,nd Section, -Hozordol.o Sita llronth, 1&4e Mall SeNice Cenlor, Rllleigh, NC 278119-lffl.
\
\ \
7
' ' \
\
\
\
wees "GV1'fRff"
f'IADBJ COORDIWA TrS:
N 865.374.900
E 1,660,470.525
COl,/BIN£D FACTD?; 0.9999481
o.... ......... .--......... CIJl!a'afTMLal201,lloc:t
1!112Fcn,11Ccul!JT1AAlcxlidl, .. Clllllll,-mllamllltilllll
1 I .,,ll~lalllDnl'-!JtNIIIIIClnlllnlllilllPln
Qucl 1 aftbth 114,4118.213 aid Eat, .... 111; ■.d jJiOiliidu
811B"42'17"E, 1110.MflltlD•Plti. .. ,--:s, I J....,..af•
lll■dllcuq ~ ... paNaf llEGNING afllll * 18 I ol;.4on; ..._.., .. ■-llmwaldlal~ll6~11ihC11111a ■ICI
71 WW
1) N 00'1&'07" W, 421.811 tlll;
2) 8 W44'11" W, 11.111 1111:
3) N 00'16'1111" W, 21.112 1111:
4)NWe'll7"E, 1.-1111;
S) N Oll'111'07" W, 41 .112 1111;
..._adlqllllllltylam .. ....,bdlclV, NW44'113"E, 201.0C
flltb■paW; .... 815WW,51Ullllllm■paW;---
8 W44'S5" W, 12.74 flllt ID• paW, .. paN ■Ill -■ af llEGIHNG. Thi
6dllttlbad ._..OD1111n 1.222 ... 111narm
NOTES:
1. r I I w ... tumllll_...i I I w .... .,. .... , .....
2.11-111MalllJaaatlal;a14 f 5 L
t A__,U"fll .. OIIIIIT,-1
IUIIIUdl -•ara.--,-11111 .. ._. • .,.ar ... ...,. ... ,....., ..... 11.., ....... .. ....... -.,, ...... _..
-.dt, natPIMled ,...or .. dldl.
I. 'ltlllplll'-INIPIIPBlll ... wlllN.C.
.._. ... 11QA.310.1, "IIIW,dllti, of ............ ,, ............. .....
1. 1111-..i•ora.a., a 1..-.i
..... -....... dilllllllllnl .. bllJiltllilllli..ibH■-,.., .... .,_
7. Llllilw&i, I lal·lal.
I. '1111-•-ua, I I -lialnlillJ lil8IMld., BfTACT llld llald anwau•. __,...,..,e.,.,, .. s a JCoJt
Allll,-kfllrJdnanCaallllllllyGnlup, Ille. ,,,,, • .., ., ..., _,llln:II 211?12.
I. n. r■2D of pralan fllrla p1li 1:Z,GOO&.
1 ,11,~-:n-
~C~ OF l\4A~ ~I
ffl»fflMC~CMWMm ~ffii'IE --~ IIDl.lldlNt~DN
,_.,.1111 ..... r.iaa_,,,.,_ __
f I tw,NC
IIQ/OMII B/OMII -121GIID1 ...................
Sult> 200. 150 Ook Plom 11,d.
Wlnlton-Solem NC U.SA
271~
Ttl 3le.7'8.7G
,._ J31.7'8.7IOO
.... 1111.!K.eon