NCD986175644_20000705_Davis Park Road TCE Site_FRBCERCLA G C_General Correspondence 1999 - 2000-OCR

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
.. REGION 4
Mr. and Mrs. Wayne Stevenson
2500 Skyland Drive
Gastonia, North Carolina 28052
Dear Mr. and Mrs. Stevenson,
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
July 5, 2000
RECEIVED
'JUL O 7 2000
SUPERFUNO SECTION
I hope this summer finds you well. As you may know I am the EPA project manager for
the Davis Park Road TCE Site, where EPA's contractors are installing water lines as well some
carbon filters at those homes which are or may become impacted by the groundwater ·
contamination in the area.
Earlier this year EPA offered to provide you with either a connection to the water line or a
carbon filter and one year of maintenance. This was based on the location of your home over the
area of actual or potential groundwater contamination. You elected to receive the carbon filter.
It has since come to our attention that the well from which you receive y01.J'drinking water
is the community well located on Briar Oak Drive. This well is not in the area of concern for
Site-related contamination, and is considered to be "safe." EPA should not have offered you the
filter installation option, since there is no Site-related contamination to "filter" from your water
supply. Therefore EPA is not planning at this time to install a filter at your home.
I apologize for this misunderstanding. Please feel free to call me if you would like to
discuss this further, or if you would like to reconsider the opportunity to connect to City water
services. Also, please contact me if for some reason I am still not correctly understanding the
location of the source of your well water.
I can be reached at 1-800-435-9233.
Sincere_,~>-j' ~--· fl " •;,+-, C\)}-50---r v,,\V v
Philip H. Vorsatz, Chief
NC Site Management Section
cc: "Doc" Thompson,
Gaston County Health Department
Internet Address (URL)• http://www.epa.gov
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Date:
To:
From:
Subject:
Phil:
• MEMORANDUM
November 22, 2000
Phil Vorsatz, EPA
Flip Bombardier, City of Gastonia
Davis Park Water Line Extension Project
•
I apologize for the delay in getting back with you, but I have since talked with
the Contractor (Troy Reeves) and the City's (Building) Inspection Department. (I
am awaiting a call back from Doug Mauney of Weston.) However, the following
information is my understanding of the concerns to date and is herein provided.
Trans State (through their sub-contractor) has applied for 67 plumbing permits
for the subject project. · There are six (6) additional ones (properties) without
permits that we're checking on; these may have been properties that went with
a filtering system in lieu of a water hook-up. The 67 permits are ready to be
picked up. Unfortunately, the contractor will also have to pay for these; City
staff cannot waive said fees. ·
In addition, in. order to verify that the (service) lines have been installed to State
(plumbing) Code, each connection point (at both ends) will need to be uncovered
and inspected. To do otherwise could shift a potential liability to the City for
accepting non-inspected work.
It is my understanding that the NC Plumbing Code also requires a "cut-off'
between the meter (box) assembly and the pressure reduction valve (PRV).
Deleting such could again could place liability on the City for allowing non-
conforming work.
I regret that I couldn't provide more favorably information, but I also believe
that it's in everyone's best interest (both EPA, Weston, and the City) to complete
the work in accordance with the State Plumbing Code. This minimizes potential
(future) liability to all three parties concerned.
Please call if you need further information. As always, we appreciate the efforts
of the EPA to jointly solve a community's water system concern(s).
PC: Donald E. Carmichael, Director of Public Works/ Utilities
Thorne A. Martin, Assistant City Engineer
Margaret Pearson, Land Development Engineer
David Dickson, Civil Engineer II
Randy Murphy, Assistant Inspections Superintendent
Doug Mauney, P.E., Roy F. Weston, Inc.
H: \ word \epa_letterO 1.doc
UNITE.ATES ENVIRONMENTAL PROTECTIO.GENCY~ 1 ~/J/ REGION 4 /i !)v'-" {)f-1
ATLANTA FEDERAL CENTER / \ .-f'1J,f)I I ·1~6
61 FORSYTH STREET __,) JI ~
ATLANTA. GEORGIA 30303-8960 imr IP',p.J(;;(I
October I 2, 2000 [) 1
4WD-NSMB
Mr. William Meyer, Director
Division of Waste Management
NCDENR
40 I Oberlin Road
Suite 150
Raleigh, NC 27605
RECEIVED
OCT 172000
SUPERFUND SECTIO~',
SUBJECT: Supcrfund Preliminary Close Out Reports
Dear Mr. Meyer:
•.:....
EPA is pleased to announce the substantial completion ofremedial construction at four National Priorities List (NPL) Sites in North Carolina. The EPA Waste Management Division Director signed the enclosed Superfund Preliminary Close-Out Reports for these Sites during September 27-29, 2000. Although, minor punch list items and operation and maintenance of the groundwater treatment systems remains to be completed, these sites are considered by EPA to have achieved the status of Construction Complete. The Sites include:
111•1~111
Davis Park Road TCE Site Gastonia Gaston NC 9/27/2000
Potter's Septic Tank Service Pits Site Sandy Creek Brunswick NC 9/27/2000
General Electric/Shepherd Farm Site East Flat Rock Henderson NC 9/28/2000
JFD Electronics/Channel Master Site Oxford Granville NC 9/29/2000
If you have any questions, I can be reached at [phone].
s;,re0(¥8-
Philip Vorsatz, Chief
North Carolina Site Management Section
Enclosures ( 4)
Internet Address (URL)• http://www.epa.gov
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• . · ....... _ •
SUPERFUND PRELTh1INARY CLOSE-OUT REPORT
DA VIS PARK ROAD TCE SITE
GASTONIA, NORTH CAROLINA
NCD986175644
I. INTRODUCTION
1This Preliminary Close Out Report documents that the U.S. Environmental Protection
Agency (EPA) completed construction activities at the Davis Park Road TCE Site (Site) in
accordance with Close Out Procedures for National Priorities List Sites (OSWER Directive
9320.2-09A-P). EPA and the North Carolina Department of Environment and Natural Resources
(State) conducted a pre-final inspection on September 13, 2000, and determined that the
contractors have constructed the remedy in accordance with remedial design (RD) plans and
specifications, and no further response is anticipated. EPA and the State have initiated the
activities necessary to achieve performance standards and Site completion.
Il. SUMMARY OF SITE CONDITIONS
Background
The Davis Park Road TCE Site includes approximately 20 acres of residential homes and
private businesses in unincorporated Gaston County, southwest of the City of Gastonia. T_he Site
consists of a contaminated soil area that was reporteQly behind an automobile transmission shop
located at 2307 Davis Park Road, and a plume of contaminated groundwater that emanates from
this property and extends south along Davis Park Road to Blackwood Creek. The plume of
contaminated groundwater underlies residences at the Site along the plume's entire horizontal
extent. A majority of homes within the Site area obtain their water from private or community
wells. Tetrachloroethene (PCE), Trichloroethene (TCE), 1, 1-Dichloroethene (I, 1, -DCE),
Chloroform, and Methyl-ter-butyl ether (MTBE) are the groundwater contaminants of concern
identified in the ROD.
EPA proposed the Site to the National Priorities List (NPL) on July 28, 1998, and added
it to the final list on January 19, 1999.
Remedial Construction Activities
After the Remedial Investigation and Feasibility Study (RI/FS) were completed, on
September 29,' 1998, the Director, Waste Management Division, Region 4, signed the Record of
Decision (ROD) for this Site. The major components of the selected remedy are:
• Reduction of exposure to contaminated groundwater by connection of homes, churches,
and businesses in the Davis Park Road Site area to the City of Gastonia public water
supply;
• . ·.: · .... _ •
2
• Optional wellhead treatment for affected private wells;
• Natural attenuation to restore the contaminated aquifer to the lower of either the
Maximum Contaminant Levels (MCLs) or North Carolina Part 2L Drinking Water
Requirements. The primary attenuation processes occurring at the Davis Park Road TCE
S_ite are dispersion and intrinsic biodegradation;
)
• Continued analytical monitoring for contaminants in groundwater; and
• Collection of additional information during the first year of the Remedial Design effort in
order to support the predicted dispersion and intrinsic biodegradation rates for the
contaminated groundwater. · · ·
The ROD also contained a contingency remedy which would be implemented if the data
collected during the natural attenuation study did not substantiate that natural attenuation would
achieve remedial goals. The contingency remedy specified groundwater pumping, using a
minimum of three extraction wells, with treatment of contaminated groundwater using activated
carbon.
The RI/FS concluded that soil contamination at the probable source area for the
groundwater plume was no longer at levels warranting further ·action. It was also concluded that
migration of the groundwater plume toward Blackwood Creek would not result in a measurable
release of Site-related contaminants to the creek. ·'
Remedial goals for groundwater were selected as the most conservative of the chemical-.
specific ARARs or the health-based risk goals and are:
CONT AMIN ANTS OF MAXIMUM VALUES REMEDIAL GOALS
CONCERN MEASURED (ug/1) (ug/1)
Tetrachloroethene (PCE) 14 I
Trichloroethene (TCE) 34 2.8
I, 1-Dichloroethene 3.8 7
(I, 1,-DCE)
Chloroform 40 I
Methyl-ter-butyl ether 709 200
(MTBE.)
• •
3
On July 23, 1999, EPA processed a work assignment under one of our available Remedial
Action Contracts (RAC) for the RD. As part of the RD a final list of homes to be connected to
the public water supply system or to receive carbon filters was determined. The remedial design
of the water lines and carbon filters was determined to be substantially complete in December
1999.
After obtaining funding, on February 16, 2000, EPA processed a work assignment under
the same Remedial Action Contract to begin the Remedial Action (RA). Actual on-site
construction of the water lines began on May 15, 2000.
RA construction included approximately 5625 linear feet of 12-inch, 8-inch and 6-inch
ductile iron pipe, plus related service lines and appurtenances. Roads, rights-of-way, and private
properties were returned to undisturbed conditions. A total of sixty three (63) residences were
connected to the City of Gastonia water system and are now receiving water from that system.
EPA installed carbon filters at five ( 5) residences where the homeowners would not agree to be
connected to the public water supply system. Two homeowners with private wells in the Site area
elected not to be connected to the public water supply system or receive a filter system ( one of
whom had initially agreed to receive public water). Water servict; is available to these two homes
via the EPA constructed water lines should the homeowners change their minds in the future,
however the physical connection would be their responsibility. Other changes from the RD
included the addition of one home not previously identified as impacted by the Site, the deletion
of one home already connected to City water, and the deletion of two homes connected to a
· community well not impacted by the Site.
EPA also physically abandoned 19 private wells by plugging with a cement grout. EPA
physically abandoned only those wells where the homeowners agreed to have them plugged. With
the conditional concurrence of local Public Health Department, other wells were disconnected
from the homes but left operational for watering gardens, etc.
A sampling effort for the natural attenuation study was conducted in November 1999. A
thorough review of the data, review of all historical data, and predictive analyses were conducted
and summarized in an EPA Region 4 Memorandum Report dated September 25, 2000. The
report focuses on TCE and PCE as the critical contaminants of concern.
TCE concentrations are projected to diminish to less than the 5 ug/1 Safe Drinking Water
Act Maximum Contaminant Level (MCL) in 12 years for the worst (slowest) estimate. Data from
most wells suggest that TCE concentrations in most wells will be less that the MCL in about 5
years. Remedial goals for this Site are based on North Carolina's groundwater standard for TCE,
which at 2. 8 ug/1 is lower than the MCL. A worst case estimate is that it will take 26 years to
achieve concentrations below that level in all parts of the plume. However, since the average
groundwater travel time to Blackwood Creek is estimated at 13 years, this estimate is probably
overly conservative.
• •
4
PCE concentrations are expected to diminish to less than the MCL (5 ug/1) in 15 years
assuming extreme worst case conditions. The remedial goal for PCE for this Site, 1.0 ug/1, is
based on North Carolina's groundwater standard and the minimum detection level. A worst case
estimate is that it will take 43 years to achieve concentrations below that level in all parts of the
plume. Since the estimated contaminant migration rate from the area of highest PCE
contamination to Blackwood Creek is approximately 7 -10 years, this indicates that our worst
case estimates for PCE may also be overly conservative.
The estimated time frames for natural attenuation are longer than, but basically consistent
with the ROD assumption and eliminates the need for the contingency remedy. EPA currently
plans to monitor groundwater from identified private wells and monitoring wells quarterly for the
next two to three years, for wells with limited historical data, and then annually thereafter for all
wells, until remedial goals are demonstrated to be achieved. Monitoring frequency will be
reevaluated as needed. '
The City of Gastonia has agreed in writing to assume responsibility for operation and
maintenance of the water lines, up to the water meter, after EPA completes the remedial action
construction. The homeowners will become responsible for maintenance of their service lines and
pressure reducing valves. EPA has agreed to maintain the five filter systems for a minimum of
one year from installation, including periodic testing of the pre-and post-filter water quality
during the first year. EPA will evaluate the efficiency of the filters to remove Site-related
contaminants and replace filter media as needed.· EPA may con_duct some additional testing at
these wells as a part of the long term sampling of the -groundwater plume. The homeowners have
agreed to assume responsibility for continued maintenance of the filters after the first year.
Remaining activities to be completed by the EPA contractor include periodic adjustments
and/or modifications to the carbon filters, including changing of filter media and testing to
maintain optimum performance during the first year after installation. Also, as outlined above,
implementation of the long term groundwater monitoring plan will also take place. EPA and the
State have not yet concurred on the operational and functional (O&F) period, however, the City
of Gastonia has agreed in writing to assume operation and maintenance responsibility for the
water lines at that time. The homeowners have agreed to assume primary responsibility for
operation and maintenance of the water service lines and of the five carbon filters.
No activities using removal authority were conducted at this Site.
• •
5
ID. DEMONSTRATION OF CLEANUP ACTMTY QUALITY ASSURANCE AND
QUALITY CONTROL
EPA and the State reviewed the remedial action contract and construction for compliance
with quality assurance and quality control (QNQC) protocols. Construction activities at the Site
were determined to be consistent with the ROD, RD plans and specifications, and the RD and RA
stateme,its of work issued to the RAC contractor. Plans and specification for the water line
construction were also made consistent with City of Gastonia water system requirements and
State requirements for erosion control.
All confirmatory inspections, testing, and evaluations of materials and workmanship were
performed in accordance with the construction drawings and technical specifications.
Construction quality assurance was performed by the RAC contractor, which maintained a
constant on-site presence during the water line construction. The City of Gastonia construction
inspector maintained a part-time on-site presence and oversaw the water line testing required for
acceptance by the City. The EPA project manager visited the Site during construction activities to
review construction progress and adherence to the QNQC protocols, safety requirements,
drawings, and specifications. Changes were properly documented and will be reflected in the as-
built plans.
The Quality Assurance Project Plan (QAPP) incorporated all EPA and State QNQC
procedures and protocol. EPA procedures and analytical methods were used for all samples
collected during RD and RA activities. EPA and the ·state determined that analytical results are
accurate to the degree needed.
Sampling for the November 1999 natural attenuation study was conducted as specified in
the USEP A, Region 4, Science and Ecosystem Support Division, Environmental Investigations
Standard Operating Procedures and Quality Assurance Manual, May 1, 1996. All analyses were
conducted as specified in the USEP A, Region 4, Science and Ecosystem Support Division,
Analytical Support Branch Operations and Quality Control Manual, December 1997.
• •
6
IV. ACTIVITIES AND SCHEDULE FOR SITE COMPLETION
The following activities remain for the Davis Park Road TCE Site:
.
Task Estimated Completion Responsible Organization
1) Cpmplete Final Inspection 11/15/2000 EPNState
2) Finalize Groundwater 12/15/2000 EPNState
Monitoring Plan and Initiate
Work Assignment
4) Approve Interim RA Report 12/15/2001 EPNState
4) Determine Remedy O&F 09/15/2001 EPNState
and Officially Transfer
Responsibility to the City
and homeowners
5) Five-Year Review 09/15/2005 EPNState
5) Achieve Clean-up Levels/ 06/30/2043 . ' EPA /State
Approve Final RA report
6) Approve final Close Out 09/15/2043 EPNState
Report
7) Deletion from NPL 03/31/2044 EPA /State
V. SUMMARY OF REMEDIATION COSTS
The original cost estimate to implement the remedial action described in the ROD was
$3,873,299 (net present worth). Costs were estimated for an anticipated 30-year time period
(assuming groundwater monitoring may need to continue that long) and a discount rate of3.5 %
was used ii) th{ ROD estimate. More detailed cost estimate documentation can be found in the
Feasibility Study for the Site.
The estimated final RA cost for the water lines, carbon filters and well abandonment is
$725,000. This does not include the long-term groundwater monitoring, for which EPA has yet
to contract. It is estimated that the final total present worth costs for the RA will be significantly
less than the ROD estimate.
• •
7
VI. FIVE-YEAR REVIEW
Upon completion of this remedy no hazardous substances will remain at the Site above
levels that allow unlimited use and unrestricted exposure after the completion of the remedial
action. However, it is expected that it will take greater than five years to achieve the groundwater
clean-up goals. As provided in the current guidance on Five Year Reviews: OSWER Directive
9355. 7-92, Structure and Components of Five-Year Reviews, May 23, 1991, OSWER Directive
9355.702A, Supplemental Five-Year Review Guidance, July 26, 1994, and the Second
Supplemental Five-Year Review Guidance, December 21, I 995, EPA will conduct a five-year
review for this Site. The Five-Year Review Report will be completed prior to September 27,
2005 (five years after completion of this Preliminary Close Out Report).
Richard D. Green, Director
Waste Management Division
Date
UNITE.ATES ENVIRONMENTAL P~;;~CTIO.GENCY
·REGION 4
David Nelson, P.G.
WESTON Site Manager
Roy F. Weston, Inc.
Suite 200
5405 Metric Place ·1
Norcross, Georgia 30092-2250
'
Dear ~on~J____
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
September 27, 2000
RECEIVE"
SEP 2 ti 2000
SUPERFUND SECTIO
This letter serves a my formal approval of the Final Remedial Design for the Davis Park
Road TCE Site, US EPA Contract 68-W7-0026, Work Assignment 043-RDRD-04PN. Final
remedial design changes were submitted with your letter of August 14, 2000. Approval has also
been obtained from the North Carolina Department of Environment and Natural Resources (copy
enclosed).
I very much appreciate all your good work on· this project If you should have any
questions please call me at [phone] or email at: [e-mail].
Philip H. Vorsatz, PE., Chief
North Carolina Site Management Section
Enclosure
lntemet Address (URL) • http://www.epa.gov
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• •
EXPLANATION OF SIGNIFICANT DT.FFERENCE
DA VIS PARK ROAD TCE SITE
GASTON COUNTY, NORTH CAROLINA
NCD986175644
1.0 lNTRODUCTION
Section l l 7(c) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S C. § 96 l 7(c), as amended (CERCLA), and Section 300.435(c)(2)(i)
of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 C.F. R. Part
300.435(c)(2)(i), require that the Environmental Protection Agency (EPA) publish an Explanation
of Significant Difference (ESD) when significant changes in a Superfund remedy occur after the
Record of Decision (ROD) is signed. The purpose of this ESD is to notify all parties of concern
that the EPA, as the lead agency, with the support of North Carolina Department of Environment
and Natural Resources (NC DENR), is announcing a significant change to the remedy for the
Davis Park Road TCE Site (Site), located in Gaston County, North Carolina. The ROD for this
Site was signed on September 29, I 998. This change is being made based on information
collected during the Remedial Design and the Remedial Action (RD/RA). The information
collected indicates that natural attenuation will achieve groundwater clean-up goals for this
Site, and that implementation of an active groundwater clean-up remedy is not needed.
The information collected also indicates that it may take longer than previously estimated
for groundwater to reach remedial clean-up goals.
As required by Sections 300.435(c)(2)(i)(A) and 300.825(a)(2) of the NCP, a copy of this
ESD will be added to the Site Administrative Record and Information Repository. The
Administrative Record and Information Repository can be found in the Gaston County Public
Library in Gastonia, North Carolina, and in the US EPA Region 4 Record Center in Atlanta,
Georgia. Both addresses are provided in Section 7.0 of this document. The public is encouraged
to review the Administrative Record and the Information Repository at either of these locations.
2.0 SITE HISTORY, CONTAMINATION, AND SELECTED REMEDY
The Davis Park Road TCE Site includes approximately 20 acres o[residential hollies and
private businesses in unincorporated Gaston County, southwest of the City of Gastonia. The Site
consists of a contaminated soil area that was reportedly behind an automobile transmission shop
located at 2307 Davis Park Road, and a plume of contaminated groundwater that emanates from
this property and extends south along Davis Park Road to Blackwood Creek. The plume of
contaminated groundwater underlies residences at the Site along the plume's entire horizontal
extent. A majority of homes within the Site area obtain their water from private or community
wells. Tetrachloroethene (PCE), Trichloroethene (TCE), I, 1-Dichloroethene (I, 1,-DCE),
Chloroform, and Methyl-ter-butyl ether (MTBE) are the groundwater contaminants of concern
identified in the ROD.
• • 2
The ROD also included natural attenuation of groundwater contaminants as an integral
part of the remedy for the Site, and contains an estimate of seven years to achieve remedial goals
through natural attenuation. The ROD specified that groundwater sampling, including parameters_
necessary to complete a natural attenuation study, would be conducted as part of the RD phase of
this project, and that a natural attenuation review would be conducted and a report prepared. The
ROD contained a contingency remedy, to add pumping and active treatment of the contaminated
groundwater to the selected remedy, if data collected during the natural attenuation study did not
substantiate the occurrence of natural attenuation.
The Rl/FS concluded that soil contamination at the probable source area for the
groundwater plume was no longer at levels warranting further action. It was also concluded that
migration of the groundwater plume toward Blackwood Creek would not result in a measurable
release of Site-related contaminants to the creek.
3.0 BASIS FOR THIS DOCUMENT AND DESCRIPTION OF
SIGNIFICANT DIFFERENCES
A sampling effort for the natural attenuation study was conducted in November 1999. A
thorough review of the data, review of all historical data, and predictive analyses were conducted
and summarized in an EPA Region 4 Memorandum Report dated September 25, 2000. The
report focuses on TCE and PCE as the critical contaminants of concern.
TCE concentrations are projected to diminish to less than the 5 ug/1 Safe Drinking Water
Act Maximum Contaminant Level (MCL) in 12 years for the worst (slowest) estimate. Data from
most wells suggest that TCE concentrations in most wells will be less that the MCL in about 5
years. Remedial goals for this Site are based on North Carolina's groundwater standard for TCE,
which at 2.8 ug/1 is lower than the MCL. A worst case estimate is that it will take 26 years to
achieve concentrations below that level in all parts of the plume. However since the average
groundwater travel time to Blackwood Creek is estimated at 13 years, this estimate is probably
overly conservative.
PCE concentrations are expected to diminish to less than the MCL (5 ug/1) in 15 years
assuming extreme worst case conditions. The remedial goal for PCE for this Site, 1.0 ug/1, is
based on North Carolina's groundwater standard and the minimum detection level. A worst case
estimate is that it will take 43 years to achieve concentrations below that level in all parts of the
plume. Since the estimated contaminant migration rate from the area of highest PCE
contamination to Blackwood Creek is approximately 7 to IO years, this indicates that our worst
case estimates for PCE may also be overly conservative.
The estimated time frames for natural attenuation are longer than projected in the Record
of Decision. However the conclusion that natural attenuation will achieve remedial goals, and
that contaminant levels in groundwater will reach Safe Drinking Water Act Maximum
Contaminant levels in an even shorter time frame, remains consistent with the ROD and eliminates·
the need for the contingency remedy. Cost estimates are not changed based on this significant
difference. The estimated costs in the 1998 ROD are based on 30 years of groundwater
monitoring.
• • 3
EPA currently plans to monitor groundwater from identified private wells and monitoring
wells quarterly for the next two to three years, for wells with limited historical data, and annually
for all wells, until remedial goals are demonstrated to be achieved. Monitoring frequency will be
reevaluated as needed. Sample collection and data review will follow EPA' s guidelines for .
monitored natural attenuation.
4.0 SUPPORT AGENCY COMMENTS
The NC DENR Superfund Section was given the opportunity to review this ESD. They
concur with this modification to the remedy.
5.0 STATUTORY DETERMINATIONS
The modified remedy satisfies CERCLA Section 121. EPA and NC DENR believe that
the changes made to the remedy have not decreased the protectiveness for human health and the
environment, comply with Federal and State requirements that are applicable or relevant and
appropriate to the Remedial Action, and are cost-effective. In addition, the revised remedy
utilizes permanent solutions and alternative treatment technologies to the maximum extent
practicable for this Site.
6.0 PUBLIC PARTICIPATION COMPLIANCE
As required by sections 300.435(c)(2)(i)(A) and 300.825(a)(2) of the NCP, this ESD will
be added to the Administrative Record for the Davis Park Road TCE Superfund Site. Copies of
the Administrative Record are kept at the two locations listed below:
Gaston County Public Library
I 555 E. Garrison Boulevard
Gastonia, North Carolina 28054
[phone]
Hours: Mon.-Thurs. 9 am - 9 pm
Fri./Sat. 9 am -6 pm
US EPA Region 4 Record Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
[phone]
Hours: Mon. -Fri. 8 am -4:30 pm
As required by Section 300.435(c)(2)(i)(B) of the NCP, a notice of availability and a brief
description of the ESD will be placed in the Gaston Gazette newspaper.
Richard D. Green, Director
Waste Management Division
Date
• •
SUPERFUND PRELil\HNARY CLOSE-OUT REPORT
DA VIS PARK ROAD TCE SITE
GASTONIA, NORTH CAROLINA
NCD986175644
I. INTRODUCTION
This Preliminary Close Out Report documents that the U.S. Environmental Protection
Agency (EPA) completed construction activities at the Davis Park Road TCE Site (Site) in
accordance with Close Out Procedures for National Priorities List Sites (OSWER Directive
9320.2-09A-P). EPA and the North Carolina Department of Environment and Natural Resources
(State) conducted a pre-final inspection on September 13, 2000, and determined that the
contractors have constructed the remedy in accordance with remedial design (RD) plans and
specifications, and no further response is anticipated. EPA and the State have initiated the
activities necessary to achieve performance standards and Site completion.
II. SUJ\'I.MARY OF SITE CONDITIONS
Background
The Davis Park Road TCE Site includes approximately 20 acres of residential homes and
private businesses in unincorporated Gaston County, southwest of the City of Gastonia. The Site
consists of a contaminated soil area that was reportedly behind an automobile transmission shop
located at 2307 Davis Park Road, and a plume of contaminated groundwater that emanates from
this property and extends south along Davis Park Road to Blackwood Creek. The plume of
contaminated groundwater underlies residences at the Site along the plume's entire horizontal
extent. A majority of homes within the Site area obtain their water from private or community
wells. Tetrachloroethene (PCE), Trichloroethene (TCE), 1, 1-Dichloroethene (l, 1,-DCE),
Chloroform, and Methyl-ter-butyl ether (MTBE) are the groundwater contaminants of concern
identified in the ROD.
EPA proposed the Site to the National Priorities List (NPL) on July 28, 1998, and ~dded
it to the final list on January 19, 1999.
Remedial Construction Activities
After the Remedial Investigation and Feasibility Study (RI/FS) were completed, on
September 29, 1998, the Director, Waste Management Division, Region 4, signed the Record of
Decision (ROD) for this Site. The major components of the selected remedy are:
Reduction of exposure to contaminated groundwater by connection of homes, churches,
and businesses in the Davis Park Road Site area to the City of Gastonia public water
supply;
• •
2
Optional wellhead treatment for affected private wells;
Natural attenuation to restore the contaminated aquifer to the lower of either the
Maximum Contaminant Levels (MCLs) or North Carolina Part 2L Drinking Water
Requirements. The primary attenuation processes occurring at the Davis Park Road TCE
Site are dispersion and intrinsic biodegradation;
Continued analytical monitoring for contaminants in groundwater; and
• Collection of additional information during the first year of the Remedial Design effort in
order to support the predicted dispersion and intrinsic biodegradation rates for the
contaminated groundwater.
The ROD also contained a contingency remedy which would be implemented if the data
collected during the natural attenuation study did not substantiate that natural attenuation would
achieve remedial goals. The contingency remedy specified groundwater pumping, using a
minimum of three extraction wells, with treatment of contaminated groundwater using activated
carbon.
The RI/FS concluded that soil contamination at the probable source area for the
groundwater plume was no longer at levels warranting further action. It was also concluded that
migration of the groundwater plume toward Blackwood Creek would not result in a measurable
release of Site-related contaminants to the creek.
Remedial goals for groundwater were selected as the most conservative of the chemical-.
specific ARARs or the health-based risk goals and are:
CONTAMINANTS OF MAXIMUM VALVES REMEDIAL GOALS
CONCERN MEASURED (ug/1) (ug/1)
Tetrachloroethene (PCE) . 14 1 !
Trichloroethene (TCE) 34 2.8
I, 1-Dichloroethene 3.8 7
(1,1,-DCE)
Chloroform 40 1
Methyl-ter-butyl ether 709 200
(MTBE.)
• •
3
-
On July 23, 1999, EPA processed a work assignment under one of our available Remedial
Action Contracts (RAC) for the RD. As part of the RD a final list of homes to be connected to
the public water supply system or to receive carbon filters was determined. The remedial design
of the water lines and carbon filters was determined to be substantially complete in December
1999.
After obtaining funding, on February 16, 2000, EPA processed a work assignment under
the same Remedial Action Contract to begin the Remedial Action (RA). Actual on-site
construction of the water lines began on May I 5, 2000.
RA construction included approximately 5625 linear feet of 12-inch, 8-inch and 6-inch
ductile iron pipe, plus related service lines and appurtenances. Roads, rights-of-way, and private
properties were returned to undisturbed conditions. A total of sixty three (63) residences were
connected to the City of Gastonia water system and are now receiving water from that system.
EPA installed carbon filters at five (5) residences where the homeowners would not agree to be
connected to the public water supply system. Two homeowners with private wells in the Site area
elected not to be connected to the public water supply system or receive a filter system ( one of
whom had initially agreed to receive public water). Water service is available to these two homes
via the EPA constructed water lines should the homeowners change their minds in the future,
however the physical connection would be.their responsibility. Other changes from the RD
included the addition of one home not previously identified as impacted by the Site, the deletion
of one home already connected to City water, and the deletion of two homes connected to a
community well not impacted by the Site.
EPA also physically abandoned 19 private wells by plugging with a cement grout. EPA
physically abandoned only those wells where the homeowners agreed to have them plugged. With
the conditional concurrence oflocal Public Health Department, other wells were disconnected
from the homes but left operational for watering gardens, etc.
A sampling effort for the natural attenuation study was conducted in November 1999. A
thorough review of the data, review of all historical data, and predictive analyses were conducted
and summarized in an EPA Region 4 Memorandum Report dated September 25, 2000. The
report focuses on TCE and PCE as the critical contaminants of concern.
TCE concentrations are projected to diminish to less than the 5 ug/1 Safe Drinking Water
Act Maximum Contaminant Level (MCL) in 12 years for the worst (slowest) estimate. Data from
most wells suggest that TCE concentrations in most wells will be less that the MCL in about 5
years. Remedial goals for this Site are based on North Carolina's groundwater standard for TCE,
which at 2.8 ug/1 is lower than the MCL. A worst case estimate is that it will take 26 years to
achieve concentrations below that level in all parts of the plume. However, since the average
groundwater travel time to Blackwood Creek is estimated at 13 years, this estimate is probably
overly conservative.
• •
4
PCE concentrations are expected to diminish to less than the MCL (5 ug/1) in 15 years
assuming extreme worst case conditions. The remedial goal for PCE for this Site, 1.0 ug/1; is
based on North Carolina's groundwater standard and the minimum detection level. A worst case
estimate is that it will take 43 years to achieve concentrations below that level in all parts of the
plume. Since the estimated contaminant migration rate from the area of highest PCE
contamination to Blackwood Creek is approximately 7 -IO years, this indicates that our worst
case estimates for PCE may also be overly conservative.
The estimated time frames for natural attenuation are longer than, but basically consistent
with the ROD assumption and eliminates the need for the contingency remedy. EPA currently
plans to monitor groundwater from identified private wells and monitoring wells quarterly for the
next two to three years, for wells with limited historical data, and then annually thereafter for all
wells, until remedial goals are demonstrated to be achieved. Monitoring frequency will be
reevaluated as needed.
The City of Gastonia has agreed in writing to assume responsibility for operation and
maintenance of the water lines, up to the water meter, after EPA completes the remed.ial action
construction. The homeowners will become responsible for maintenance of their service lines and
pressure reducing valves. EPA has agreed to maintain the five filter systems for a minimum of
one year from installation, including periodic testing of the pre-and post-filter water quality
during the first year. EPA will evaluate the efficiency of the filters to remove S,ite-related
contaminants and replace filter media as needed. EPA may conduct some additional testing at
these wells as a part of the long term sampling of the groundwater plume. The homeowners have
agreed to assume responsibility for continued maintenance of the filters after the first year.
Remaining activities to be completed by the EPA contractor include periodic adjustments
and/or modifications to the carbon filters, including changing of filter media and testing to
maintain optimum performance during the first year after installation. Also, as outlined above,
implementation of the long term groundwater monitoring plan will also take place. EPA and the
State have not yet concurred on the operational and functional (O&F) period, however, the City
of Gastonia has agreed in writing to assume operation and maintenance responsibility for the
water lines at that time. The homeown~rs have agreed to assume primary re;ponsibility for
operation and maintenance of the water service lines and of the five carbon filters.
No activities using removal authority were conducted at this Site.
• •
5
ID. DEMONSTRATION OF CLEANUP ACTIVITY QUALITY ASSURANCE AND
QUALITY CONTROL
EPA and the State reviewed the remedial action contract and construction for compliance
with quality assurance and quality control (QNQC) protocols. Construction activities at the Site
were determined to be consistent with the ROD, RD plans and specifications, and the RD and RA
statements of work issued to the RAC contractor. Plans and specification for the water line
construction were also made consistent with City of Gastonia water system requirements and
State requirements for erosion control.
All confirmatory inspections, testing, and evaluations of materials and workmanship were
performed in accordance with the construction drawings and technical specifications.
Construction quality assurance was performed by the RAC contractor, which maintained a
constant on-site presence during the water line construction. The City of Gastonia construction
inspector maintained a part-time on-site presence and oversaw the water line testing required for
acceptance by the City. The EPA project manager visited the Site during construction activities to
review construction progress and adherence to the QNQC protocols, safety requirements,
drawings, and specifications. Changes were properly documented and will be reflected in the as-
built plans.
The Quality Assurance Project Plan (QAPP) incorporated all EPA and State QNQC
procedures and protocol. EPA procedures and analytical methods were used for all samples
collected during RD and RA activities.· EPA and the State determined that analytical results are
accurate to the degree needed.
Sampling for the November 1999 natural attenuation study was conducted as specified in
the USEP A, Region 4, Science and Ecosystem Support Division, Environmental Investigations
Standard Operating Procedures and Quality Assurance Manual, May I, I 996. All analyses were
conducted as specified in the USEPA, Region 4, Science and Ecosystem Support Division,
Analytical Support Branch Operations and Quality Control Manual, December 1997.
• •
6
IV. ACTIVITTES AND SCHEDULE FOR SITE COMPLETION
The following activities remain for the Davis Park Road TCE Site:
Task Estimated Completion Responsible Organization
1) Complete Final Inspection I 1/15/2000 EPA/State
2) Finalize Groundwater 12/15/2000 EPA/State
Monitoring Plan and Initiate
Work Assignment
4) Approve Interim RA Report 12/15/2001 EPA/State
4) Determine Remedy O&F 09/15/200 I EPA/State
and Officially Transfer
Responsibility to the City
and homeowners
5) Five-Year Review 09/15/2005 EPA/State
5) Achieve Clean-up Levels/ 06/30/2043 EPA /State
Approve Final RA report
6) Approve final Close Out 09/15/2043 EPA/State
Report
7) Deletion from NPL 03/31/2044 EPA /State
V. SUMMARY OF REMEDIATION COSTS
The original cost estimate to implement the remedial action described in the ROD was
$3,873,299 (net present worth). Costs were estimated for an anticipated 30-year time period
(assuming groundwater monitoring may need to continue that long) and a discount rate of3.5 %
was used in the ROD estimate. More detailed cost estimate documentation can be found in the
Feasibility Study for the Site.
The estimated final RA cost for the water lines. carbon filters and well abandonment is
$725,000. This does not include the long-term groundwater monitoring, for which EPA has yet
to contract. It is estimated that the final total present worth costs for the RA will be significantly
less than the ROD estimate.
•
7
VI. FIVE-YEAR REVIEW
Upon completion of this remedy no hazardous substances will remain at the Site above
levels that allow unlimited use and unrestricted exposure after the completion of the remedial
action. However, it is expected that it will take greater than five years to achieve the groundwater
clean-up goals. As provided in the current guidance on Five Year Reviews: OSWER Directive
9355. 7-02, Structure and Components of Five-Year Reviews, May 23, 1991, OSWER Directive
9355.702A, Supplemental Five-Year Review Guidance, July 26, 1994, and the Second
Supplemental Five-Year Review Guidance, December 21, 1995, EPA will conduct a five-year
review for this Site. The Five-Year Review Report will be completed prior to September 27,
2005 (five years after completion ofthis Preliminary Close Out Report).
Richard D. Green, Director
Waste Management Division
Date
• •
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
61 Forsyth Street
Atlanta, Georgia 30303-3104
September 22, 2000
4WD-OTS MEMORANDUM
SUBJECT: MNA Evaluation & Recommendations for the Davis Park Road TCE Site,
Gastonia, Gaston County, North Carolina ___ _
FROM: David N. Jenki~s, Environmental Scientis\,,.,-3/n~·.. R~C:FIVEO
Office of Technical Services, Waste Managemen vIsIon · -
CC: Elmer Akin, Chief . SEP 200
Office of Technical Services, Waste Management Division 2 5 0
TO: Phil Vorsatz, Remedial Project Manager SUPERFUND SECTION
Phil,
I have reviewed the results from the latest sampling effort at the Davis Park R9ad site as
you requested. My review focused only on issues related to site characterization and the
hydrogeology of the site and does not address risk assessment issues. These comments
are intended to:
1.) summarize the history of groundwater contamination at the site and areas down
gradient from the site within the framework of a groundwater concept model; .
2.) evaluate the progress of natural attenuation which effected the groundwater
plume during the 1990s;
3.) provide the background data necessary to justify the remedial measures
selected for implementation at the site;
4.) project clean-up times by natural attenuation;
5.) recommend wells to be sampled during a groundwater monitoring program.
GENERAL COMMENTS
Sample results for which the laboratory analysis were "Non-Detect", are plotted at 1
microgram/liter (µg/L) on the graphs which accompany this memo to show that something
happened on that date. This evaluation was performed using results from the November,
1999 sampling event, plus data from earlier events dating back to 1990, to evaluate
contaminant trends versus time . .Data from the most recent sample event was down-
loaded from the EPA Region 4 R4LIMS. Data from all other, older events were translated
from a spreadsheet provided by the consultant, or typed from reports in tables. The
original laboratory reports have not been examined. The concentrations for PCE and TCE
found in groundwater since 1990 were used in this evaluation. Observations regarding the
distribution of these chlorinated solvents are supported by dissolved oxygen data collected
on November 15, 1999 (USEPA, 2000, Table 7). Other natural attenuation data collected
on November 15, 1999 is available. These data may be useful in evaluating natural
attenuation processes, but only after more observations have been collected.
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• •
The discussion of groundwater contamination is organized around two groups of wells.
Wells 49, 121 and 131 are located in the•vicinity of the suspected source area. These
wells are up gradient from the second group of wells, which includes wells 232, 239 (CW5),
285 (PW1 ), plus the MW2. well pair and MW5S. The evaluation of historic trends in
groundwater quality presented in this memo is one of three lines of evidence
recommended in the EPA Guidelines for evaluating Monitored Natural Attenuation (MNA).
A groundwater monitoring program should be established to confirm that contaminant
degradation continues as predicted in this memo.
The locations of all wells described in this report are shown in the Remedial Investigation
(RI) report by EPA's contractor, Weston Inc., dated July, 1998 Figure 3-1 and Figure 5-6.
However, neither of these figures shows all of the wells, and some wells are called by
different names on the two figures in the same report. The most common names are used
in this memo where possible.
Clean-up time estimates presented in this memo are based on the Federally.mandated
Maximum Contaminant Levels (MCL) for drinking water because water of this quality could
be considered suitable for delivery to residents on community water supplies. The MCL
for both of the contaminants of concern at this site, trichloroethene (TCE) and
tetrachlorethene (PCE), is 5 µg/L. The remedial groundwater clean-up goals prescribed
in the Record of Decision (ROD) for this site are goals of 2.8 µg/L for TCE and 1 µg/L for
PCE. These concentrations are similar to the detection limits commonly used for analyses
of these contaminants. Times at which groundwater contaminant concentrations are
estimated to reach these more pristine conditions, based on conservative assumptions,
are 2 to 3 times longer than the times estimated in this memo to be required to achieve the
MCL.
GROUNDWATER CONCEPT MODEL
The site is located on. a ridge on or near a groundwater flow divide between Blackwood
and Crowders Creeks. The creeks flow southward on both sides of the ridge, and
groundwater level contour maps indicate that groundwater flows from the source area in
all directions except north (RI Figures 4-7 to 4-10). Numerous domestic water supply wells
are located in the area surrounding the suspected source, and scime wells south and
south-southeast of the site are known to have been contaminated.
Contamination appears to be flushing through the aquifer. Groundwater samples from
wells near the source area have not been contaminated in recent sample events, while
concentrations in wells located south of the source area, closer to the natural discharge
area, have increased. The data available suggests that the source has been depleted or
removed from the unsaturated zone, and that residual groundwater contamination is
migrating toward natural and man-made discharge areas.
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• •
Groundwater flows through an upper saprolite layer, which consists of silty sand and
clayey sand with varying percentages of gravel. The saprolite is 10-80 feet thick and is
underlain by partially weathered and unweathered granite. The granite is fractured, and
fracture traces typically are oriented NE/SW. The fracture trend is similar to the orientation
of the ridge and the creeks. The depth to water is near zero in topographically low areas
near the creeks, and as much as 42 feet beneath topographic highs.
The average groundwater velocity is estimated to be 197 ft/year (Feasibility Study (FS),
p.7-16), based on the observed hydraulic gradients and hydraulic conductivities
determined from slug tests and a pumping test. The total organic carbon content of both
the saprolite and granite are very low (FS, p. 7-17), therefore, the retardation factor for the
contaminant of concern, TCE, is estimated to be very low. Contamination is expected to
move at rates similar to uncontaminated groundwater. The estimated con tam in ant velocity
is 188 ft/year (FS, p.7-17). The typical flow-path length from the source area to the
discharge areas, where groundwater enters surface water, is approximately 2,500 feet (RI
Figure 4-7 to 4-10).
Based on length of the typical flow path and the estimated annual contaminant velocity, the
average contaminant travel time to the creeks is approximately 13 years. If contamination
is assumed to have originated in the mid-1980s (FS, p.7-18), and if the contaminant
velocity estimates are correct, much of the contaminant has already completed travel along
the flow path to Blackwood Creek. This may explain the absence of contamination in the
most recent source area groundwater samples, and the absence of degradation products,
such as vinyl chloride, in the groundwater samples anywhere in the flow system. The
absence of daughter products may also be due, in part, to the geology and topography of
the site, which are likely to help maintain relatively high dissolved oxygen levels observed
in November, 1999 (USEPA, 2000, Table 7). The combination of oxygen rich water from
precipitation, which moves vertically downward in recharge areas beneath ridges, and the
relatively rapid groundwater movement through this aquifer create conditions unfavorable
for the build-up of TCE daughter products. In particular, vinyl chloride, the TCE daughter
product with the lowest MCL, is easily oxidized and typically is not found in aerobic
environments. 1
SUMMARY OF OBSERVATIONS AND RECOMMENDATIONS
1. TCE contamination in groundwater, which was observed in the suspected source
area during the early 1990s, has diminished. In November, 1999, TCE was either
not detected or was less than the MCL in two of the three wells (wells 49 and 121)
which were contaminated when the site was first discovered. The third well, Well
131 was not sampled in November, 1999.
2. Although TCE concentrations in the source area wells vary, and some future
samples may still show concentrations of TCE, the suspected source for TCE
appears to be depleted.
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• •
3. TCE has migrated down gradient from the source area. Wells which were not
contaminated with TCE in the early 1990s (wells 181 and 285) are now
contaminated with TCE. The concentration trends appear to have peaked and may
be beginning a gradual decline as natural attenuation reduces contaminant
concentrations.
4. TCE concentrations in monitoring wells installed near the natural groundwater
discharge area (MW2S and MW2D) may not have peaked yet. These wells are
farthest down gradient from the source and closest to the natural groundwater
discharge area. These wells would be expected to be the last wells effected by
contaminated groundwater as it is flushed along the natural pathway from recharge
area to discharge area. The peak concentrations which will be observed in these
wells will be less than has been observed in wells 181 and 285 (PW1 ), due to
natural attenuation with travel time and distance from the source.
5. PCE was found in soils in the source area, has never been found in groundwater
in the suspected source area (wells 49, 121 and 131) since the site was discovered
in 1990. If PCE was ever present in groundwater in this area, it had degraded or
migrated away before the first groundwater samples were collected. PCE is present
in groundwater down gradient from the suspected source area.
6. PCE concentrations in groundwater from well 239 (CW5) exceeded the MCL for
PCE in 1990 and remained above the MCL in January, 1998. PCE concentrations
are not diminishing at rates which can be simulated by a first-order decay
coefficient, as is often observed when contamination is being reduced by natural
attenuation. Instead, PCE concentrations are declining at a much ·slower rate. The
slow rate of decline in PCE concentrations at well 239 suggests that the source for
PCE may not be depleted. Well 239 (CW5) was not sampled in November, 1999,
so recent concentrations in this well are unknown. If PCE concentrations in well
239 (CW5) continue to decline at the rate observed between 1990 and 1997, the
concentration· of PCE in well 239 should be near the MCL by the year 2015.
7. TCE concentrations in well 232 and MW5S suggest that contamination is migrating
toward the south, down gradient to Blackwood Creek, and not directly south-
southeast toward the MW2 well pair. The concentrations of TCE in these wells
have been near the MCL and may be increasing. Contaminant concentrations may
rise in these wells, particularly MW5S, but the concentrations are not expected to
exceed those observed farther up gradient.
8. TCE contamination in groundwater appears to be diminishing at rates which can be
approximated by a first-order decay coefficient. TCE concentrations are projected
to diminish to less than the MCL (5 µg/L) in 12 years for the worst (slowest)
estimate. Data from most wells suggests that TCE concentrations will be less than
the MCL in about 5 years.
9. Wells which should be monitored in the future include 49, 121, 131, 172,181,230,
232, 239, 285, MW1 S, MW1 D, MW2S, MW2D, MW5S. EPA guidelines for
evaluating Monitored Natural Attenuation should be followed.
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• •
10. EPA guidelines regarding MNA recommend quarterly monitoring until seasonal
variations in long-term trends are established. However, wells at this site have
been sampled intermittently for as long as 10 years and the long-term trends
identified in this memo appear to be greater than potential seasonal variations.
Wells which have been contaminated in the past but have been uncontaminated in
recent samples should be sampled annually. Wells which are contamin_ated
currently should be sampled quarterly for one year, and annually thereafter, except
for wells where an increasing trend in contaminant concentrations is apparent.
Wells with increasing contaminant concentrations, and wells where contaminant
concentrations are expected to become contaminated should be sampled quarterly
for at least one year, after which, the sample frequency should be re-evaluated
based on observed contaminant trends, seasonal variations and estimated travel
times to the next down gradient monitoring wells. Based on groundwater flow
directions and contaminant distributions shown in RI Figures 5-3 and 5-4, TCE
concentrations are expected to increase in the vicinity of well 172. Both TCE and
PCE concentrations are expected to increase in wells southeast of. well 239.
Smaller increases in TCE and PCE may be observed in wells south and south west
of well 239. TCE and PCE concentrations increased in well 232 between 1996 and
1999. These increases will occur as known contamination moves through the
groundwater flow system toward the natural discharge areas at Blackwood Creek.
11. Well depths have not been determined for many of the wells which have been
sampled in the vicinity of the Davis Park Road site. The depth to water has not
been measured routinely, so variations in groundwater flow directions are unknown ..
Relationships between contaminated wells and suspected source areas can not be
defined with the certainty often acquired at other sites.
The following sections of this memo describe the data which supports the observations
listed above, and presents plots of sample results versus time which demonstrate these
observations.
TCE TRENDS VERSUS TIME (Wells 49. 121 and 131. Figure 1 & 21
TCE and PCE have been the contaminants of concern (COCs) at this site. Figure 1 shows
the TCE concentration in these wells 49, 121, 131 over time. These wells are located near
the suspected source area, and were found to be contaminated in the earliest sample
events. The TCE concentration in well 131, the most down gradient of the 3 wells, was
greater than the MCL in 1990. The TCE concentration in well 131 rose to levels similar to
those observed in well 49 and 121 between 1990 and January, 1993, suggesting that
contaminant migration from the vicinity of the suspected source area \"✓as occurring.
Figure 1 shows some irregularities in the samples collected in 1993 and 1994. TCE was
not detected in every sample from wells 49, 121 and 131 during this period. These
irregularities complicate the evaluation of Natural Attenuation and must be described
before other trends are evaluated. It is important to note that when TCE was not detected ·
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• • in one well it was not detected in any of these three wells. When TCE was detected i~
one well, it was detected in all three wells. When _detected, TCE was present a
concentrations similar to the concentration detected In previous samples. The time
between detect and non-detect samples is sometimes as little as 2 weeks. -
The "W' pattern during 1993, shown on Figure 1, is result of this intermittent detection of
TCE at wells 49, 121 and 131. Because these wells are located at different distances from
the source, it seems unlikely that 3 wells in different parts of a natural flow system w?uld
all be non-detect, all at the same time on so many days, yet return to previous
concentrations all at the same time on other days. It seems more likely that some factor
in the way the samples were collected or handled after collection resulted in a loss of
volatile organic components from the samples. The results of the 1993/94 samples when
TCE was not detected probably are not valid, but the cause has not been addressed in any
of the investigations at the site.
Figure 2 shows that when the "W is ignored, contaminant concentrations in wells 49, 121
and 131 have diminished since 1990, generally following a trend which can be·
approximated by drawing a straight line between the highest sample and the most recent •
sample for each well. By the 1998 and 1999 sample events, concentrations in these wells i
had declined and were at or near the MCL. This downward trend toward the MCL
suggests that the source has been depleted over time. Based on nearly 1 O years of
observation, TCE concentrations are expected to continue to diminish, and eventually TCE
concentrations in these \rvells 'Nill be consistently belovv' the l\1CL.
The degradation trend is irregular as shown by the sharp rise in TCE concentrations in Fall
of 1998 in wells 121 and 131 (Figure 2). After the sharp rise in TCE concentrations in the
Fall of 1998, the TCE concentration in well 121 declined to concentrations below the M~L
by November, 1999. Well 131 was not sampled in November, 1999, but the concentration
probably declined below the MCL also.
The variation in apparent degradation rates may be due to variations in rainfall, changes
in the depth to water at the time of sampling or other factors which may cause resid~al
contamination to be leached into the ground water system occasionally . .However, thEjlre
may be other reasons. For example, note that in October, 1998, the TCE concehtration
in well 131 rose from 1 µg/L to 16 µg/L in just 3 days. The two samples were analyzed py
different laboratories, and presumably collected by different field teams using different
procedures. The intermittent occurrence of MCL exceedances in these wells make
prediction of clean up times difficult. However, despite the irreg~larities, the over all trend
in TCE concentrations for 10 years of record is downward. Clean up time estimates in this
memo are based on this observed trend. In all figures after Figure 1, the line between
sample events is broken at the suspect samples from 1993/94.
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• •
TCE TRENDS VERSUS TIME (Wells 181, 239 and 285 IPW1I, Figure 3 & 41
Wells 181 and 285 (PW1) are located relatively far down gradient toward the natural
groundwater discharge area. These wells were not contaminated in the earliest sample
events (Figure 3). The maximum concentrations observed in these wells are similar to the
concentrations shown on Figures 1 and 2 for the same time period (Figure 4). These
observations indicate that the plume has moved down gradient from the source area
toward the natural discharge area at Blackwood Creek. The TCE concentrations have
been diminished by natural attenuation processes with time and distance from the source,
so concentrations in the down gradient area are unlikely to ever be as high as those once
observed in the source area.
PCE TRENDS VERSUS TIME (Wells 49. 121 and 1311
PCE was detected in soil in the source area, but has never been detected groundwater
samples from wells 49, 121, 131, located near the suspected source, but only in wells
located farther down gradient. If PCE once was present in groundwater beneath the
source area, it was removed by migration or natural attenuation prior to 1990. The
absence of PCE in groundwater from the suspected source area during the 1990s seems
inconsistent with the slow degradation of PCE in wells further down gradient. However,
the EPA consultant has never reported that another source for PCE might be present.
Regardless of the source for the PCE, it is commingled with the TCE, it is degrading, and
it is migrating toward the natural discharge area. PCE concentrations down gradient from
the source area are presented in Figure 5 and described later in this memo.
PCE TRENDS VERSUS TIME (Wells 232, 239 (CW5), 285 (PW1). MW2 and MW5,
Figure 51
PCE was detected in weU239 (CW5) in 1990. However, neither PCE nor TCE were
detected in the June 1992 sample from well 239 (CW5). The line between the June 1992
sample from well 239 (CW5) and samples before and after this date is broken (Figure 5).
The PCE concentration in well 239 (CW5) has been .1 0 to 20 µg/L in all other samples.
The results from the June 1992 samples from well 239 (CW5) probably are not valid.
PCE well 239 (CW5) has diminished only slightly since 1990 (Figure 5). No other:well at
this site has ever shown PCE concentrations as high as those observed in well 239 (CW5).
Well 239 (CW5) was not sampled in November, 1999, so recent concentrations in this well
are not known. Trends in contaminant concentrations in this well are described later in this
memo (Figures 10, 13 and 15).
Well 285 (PW1) was not contaminated in 1990, but was contaminated in excess of the
MCL for PCE by 1996 (Figure 5). The results from the November, 1999 sample in well 285
(PW1) showed PCE concentrations continue to be above the MCL for PCE. This well is
relatively far down gradient from the suspected source area. These data suggest that PCE
contamination has moved into the vicinity of well 285 (PW1) from the up gradient area near
wel! 239 (C\AJ5).
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• •
PCE concentrations are rising in well 232. This well has been considered to be on the
edge of the PCE plume in previous sample events (Weston RI, Figure 5-3). A slow,
downward trend in PCE concentrations appears to be occurring in all other wells (Figure
5), but as shown later in this memo, the rate of decline is less than would be expected by
natural attenuation through reductive dechlorination. This process, which includes the
normal degradation of PCE to TCE, DCE, vinyl chloride and ultimately ethene, can usually
be approximated by a first-order decay coefficient.
PCE degradation in well 239 is proceeding much less rapidly than the slowest degradation
rate given in published references (Howard and others, 1991 ). The source of the PCE
may not be depleted. PCE concentrations may rise in the MW2 and MW5 wells. These
wells are farthest down gradient and closest to the natural discharge area at Blackwood
Creek. If a source for residual PCE is present, degradation rates may increase in the
future once the source is depleted.
TCE TRENDS VERSUS TIME (Wells 232. 239 (CW5l, 285 (PW1l. MW2 and MW5.
Figure Sl
Figure 6 shows the TCE concentrations in the same wells as shown in Figure 5. The TCE
concentration in well 239 (CW5) has been 30 to 60 µg/L in all samples except for the
sample in mid-1992. Overall, a downward trend is apparent in well 239 (CW5). Farther
down gradient, concentrations peak at consecutively lower levels with travel time and
distance from the source. A comparison between Figure 5 and 6 shows that the trends in
TCE and PCE concentrations are generally the same for each \a.rel!.
From Figure 5-6 in the Weston RI, well 239 (CW5) is the most up gradient well
contaminated with PCE, well 285 (PW1) is down gradient, and the MW2 wells are most
down gradient. Both of the MW2 wells are contaminated with TCE and PCE, but to date,
concentrations have _been near the MCLs. The TCE and PCE concentrations may
increase in the MW2 and MW5 wells during the next two years. This indicates migration
of contamination from up gradient areas toward the natural discharge area, and is
consistent with the observed diminishment of PCE and TCE concentrations with trav'el time
and distance from the source area. TCE and PCE concentrations in MW2S and MW2D
are not expected to exceed those observed in well 285 (PW1) between 1996 and 1999.
CLEAN UP TIME ESTIMATES
The natural attenuation of organic contamination in groundwater has been observed to
diminish with time and distance from a source, often at a rate which can be approximated
by a first-order decay coefficient. These coefficients are commonly expressed in terms of
a half-life, measured in days. For each chemical (TCE and PCE), the shortest and longest
half-life from the Handbook of Environmental Degradation Rates (Howard and others,
1991 ), plus two additional degradation rates chosen to best fit the observed data, are
superimposed on the data presented in Figures 1-6.
Page 8 September 22, 2000 ( 1: 18PM) F:\PROJECTS\DAVISPAR\RPMMAIL\recomend5.wpd
• •
Published half-lives for TCE in groundwater range between approximately 10 months and
4.5 years. Published half-lives for PCE range between 1 and 2 years. Clean up times are
estimated by taking the data presented in Figures 1-6 of this memo, and superimposing
4 half-lives on the graphs. The different "Assumed Initial Concentrations" shown on each
graph represent the concentrations assumed to be present in that portion of the plume on
January 1, 1990. These concentrations are selected so that concentrations observed in
the wells during the 1990s will be less than the concentration calculated from the Assumed
Initial Concentration using the longest half-life.
Figure 7 shows that the TCE contamination in well 49 degraded at rate equivalent to a half-
'"e be'-.. nnn 5nn nnr1 650 dn"r Ill i.Vyc:;c:;11 VV C:UIU o.y-3.
Figure 8 shows that the TCE contamination in well 121 has degraded at rate equivalent
to a half-life of about 650 days, except for the Fall, 1998 sample. From Figure 8, a "worst
case" for the time required for clean-up by natural attenuation is approximately 12 years
(year 2012). This estimate is based solely on the relatively high concentration of TCE
reported in this well from the sample of October 21, 1998. However, 13 months later, the
November, 1999 sample was already below the MCL. Based on the November, 1999
sample and a degradation trend at an apparent half-life of 650 days, concentrations in this
u,oll shru 1lrl he rnns;s•en+h, a• rlo+o,...t;nn l;m;•s a• ♦his +;me IW._,I VUI .... l,J ..,.._,II I l I ll1 l Y~L,._,,._, 1\,11 Ill IL I. LIii lll I •
Figure 9 shows that the TCE contamination in well 131 has degraded at rate equivalent
to a half-life between 300 and 500 days, except for the October 21, 1998 sample. Note
that the TCE concentrations in both the June 25, 1998 and the October 19, 1998 samples
from this well were 1 µg/L. This well was not sampled in November, 1999. From Figure
9, a "worst case" for the time required for clean-up by natural attenuation is approximately
5 years (year 2005).
Figure 1 O suggests that the TCE contamination in well 239 has degraded at rate equivalent
to the longest reported half-life. A TCE degradation rate, equivalent to a half-life of about
4.5 years is indicated from the data from well 239. This well is at the center TCE plume
shown in the Weston RI Figure 5-4. If TCE contamination continues to degrade'at this
rate, TCE concentrations in this well will be near the MCL for TCE during the year 2009.
Guidelines for monitored natural attenuation should be implemented to confirm
degradation trends predicted in this memo .. See the comments regarding PCE at this well
described on Figure 13.
Figure 11 shows that well 285 was not contaminated in 1990. The well was contaminated
with TCE at concentrations greater than the MCL by 1995. A TCE degradation rate,
equivalent to a half-life of about 4.5 years is indicated from the data from well 285. If TCE
contamination continues to degrade at this rate, TCE concentrations in this well will be
near the MCL for TCE during the year 2006. Figure 11 shows that at this well, the clean-
, on •·1me es•;mn+n ir basnrl nn ♦he resu'ts f•om nn'" t'"'0 snmp'er Ho• .. nuer 'he t·1me . UtJ l llll CllC. 1..:, C:U VII lll I I Ill VI 1y "" Clll I ..:,. I ..-VC.1' 1 1 l I
Page 9 September 22, 2000 (1 :18PM) F:IPROJECTSIDAVISPARIRPMMAIL\recomend5.wpd
• •
estimate is similar to those obtained at other wells, the contaminants and the levels of
contamination are similar to those observed at other wells, and both the contaminant
concentrations and trends are consistent with observations from other wells, given the
location of this well in the groundwater flow system. As described in the comments
regarding Figure 10, the degradation rate should be verified by a groundwater monitoring
Program ,.,h;rh fnlln,us i::pA gu;de';nos ronard;nn ~•t.lA I I II 11111\.; l VIIVWI' L.. I Ill V V!::f I Ill~ 1w'it• .
Figure 12 shows that well 181 was not contaminated in 1990. The well was contaminated
with TCE at concentrations greater than the MCL by 1995. A TCE degradation rate,
equivalent to a half-life of about 4.5 years is indicated from the data from well 181. If TCE
contamination continues to degrade at this rate, TCE concentrations in this well will be
near the MCL for TCE during the year 2006. As described in the comments regarding
Figure 10, the degradation rate should be verified by a groundwater monitoring program
which follows EPA guidelines regarding MNA. ·
Figure 13 shows the concentration of PCE in well 239 since 1990. Figure 13 shows that
the PCE concentration in well 239 is not degrading at a rate which can be approximated
by a first-order decay rate (the tri-angles don't fit any of the lines). The reported half-lives
for PCE are between 1 and 2 years (365 to 731 days), but PCE concentrations in this well
are not diminishing at these rates. Clean up times for PCE in this well can not be projected
by this method (See Figure 15 instead). The failure of the PCE in this well to degrade at
the expected rates may mean that a source for PCE may be present in the area. If so,
degradation of PCE in groundwater will not proceed until the source is depleted. The fact
that none of the PCE concentrations from the 1990 samples were near the Assumed Initial
Concentration of 300 µg/L shown on Figure 13, also supports the suggestion that PCE is
dissolving into groundwater at a constant rate from a small source. See the comments
regarding Figure 15.
Figure 14 shows the <eancentration of PCE in well 285 since 1990. Well 285 was not
contaminated in 1990, but groundwater from the well exceeded the MCL by 1996. There
are relatively few samples from this well, and the data on Figure 14 are insufficient to
determine which degradation rate is applicable to this well. The PCE concentrations in well
285 may be following a trend similar to well 239. As described in the comments regarding
Figure 10, the degradation rate should be verified by a groundwater monitoring program
which follows EPA guidelines regarding MNA.
PCE Summary (Figure 15)
Figure 15 shows the PCE concentration data from wells down gradient from the Davis Park
Road site (see Figure 5, 13 and 14). Based on the trend through the highest
concentrations observed in well 239, the clean up time for well 239 is projected to be
approximately 15 years (year 2015). If there is a residual source for PCE, once this source
is depleted, degradation rates should approximate rates typically observed for PCE in
groundwater, which are faster than have been observed in well 239 to date. The data for
Page 10 September 22, 2000 (1:18PM) F:IPROJECTS\DAVISPARIRPMMAIL\recomend5.wpd
• • •
• well 239 plotted on Figure 15 suggest the source is becoming weaker with time. As
described in the comments regarding Figure 10, the degradation rate should be verified
by a groundwater monitoring program which follows EPA guidelines regarding MNA. ·
PCE concentrations in wells 232 and 285 (PW1) exceed the MCL, but were less than twice
the MCL in November, 1999. Concentrations of PCE in these wells should continue to
diminish at a rate similar to that projected for well 239.
PCE was found in soils in the source area, but has never been observed in groundwater
near the source area. If PCE was ever present near the source area, ii appears to have
attenuated at rates which approximate half-lives observed at other sites and in laboratory
experiments. The PCE which remains in the aquifer down gradient from the suspected
source area is not diminishing at these rates. If the PCE in the down gradient area is from
the same source as the TCE discovered in 1990, ii has migrated into an area in which
conditions are less favorable for PCE degradation than the conditions near the source
area.
The maximum flow-path length in the area contaminated by PCE shown on Weston RI
Figure 5-3 is 1,500 to 2,000 feet. This is approximately the distance from the line of MCL
exceedance to Blackwood Creek. The contaminant travel time across this distance is
approximately 7-10 years. Regardless of the source of the PCE observed near well 239,
if the estimated contaminant migration rates are correct, much of the contamination in the
vicinity of well 239 should discharge to Blackwood Creek by the year 2005. Remaining
residual contamination should attenuate al rates similar to published half-lives, probably
by the year 2017. Groundwater between Wf:lll 239 and Blackwood Creek will be
contaminated during this period.
REFERENCES
Howard, P.H., R.S. Boethling, W.F. Jarvis, W,M, Meyhan, E.M. Michalenko, 1991,
Handbook of Environmental Degradation Rates, Lewis Publishers
USEPA, 2000, Letter from Dan Thoman to Jennifer Wendell, dated Feb. 2, 2000.
Weston, 1998, Remedial Investigation Report, Davis Park Road TCE Site, Gastonia,
Gaston County, North Carolina, Roy F. Weston, Inc. Suite 200 5405 Metric Place,
Norcross, Georgia 30092 July, 1998
Weston, 1998, Feasibility Study Report, Davis Park Road TCE Site, Gastonia, Gaston
County, North Carolina, Roy F. Weston, Inc. Suite 200 5405 Metric Place, Norcross,
Georgia 30092 June, 1998
Page 11 September 22, 2000 (1:18PM) F:IPROJECTS\DAVISPAR\RPMMAIL\recomend5.wpd
Mr. Phil Vorsatz
U.S. EPA Region IV
11 th Floor, North, WMD
61 Forsyth Street SW
Atlanta, Georgia 30303
•
Roy F. Weston, Inc.
Suite 200
5405 Metric Place
Norcross, Georgia 30092-2550
® 7i0-263-5400 • Fax [phone]
www.rfweston.com
RECFIVED
AUG 2 82000
SUPERFUND SECTION
RE: Errata/Revised Pages for Final Remedial Design
Davis Park Road TCE Site
Gastonia, Gaston County, North Carolina
U.S. EPA Contract No. 68-W7-0026
Work Assignment No. 043-RDRD-04PN
Document Control Number RFW043-3A-AGDS
Dear Phil,
•
August 14, 2000
Roy F. Weston, Inc. (WESTON) is submitting to you four (4) copies of revised pages for the
Final Remedial Design (dated February 2000) for the Davis Park Road TCE Site. In addition,
WESTON is submitting one (I) copy of the approved final drawings for the Sediment and
Erosion Control Plan, as originally presented with the Final Remedial Design drawings.
WESTON has produced the revised pages for final closure of the Remedial Design. Specifically,
these pages represent the revision of any outstanding errors in the document prior to the start of
the Remedial Action. However, none of the errors were carried forward into the design used for
the Remedial Action.
If you have any additional questions or require clarification, please do not hesitate to contact me
at [phone] or email at: [e-mail] . Thank you very much for your time
and consideration.
Sincerely,
Roy F. WESTON, Inc.
;?~])~
David Nelson, P.G.
WESTON Site Manager
• •
4.1.14 Transfer of Ownership of \Vaterlines to the City
FinaJ Remedial Design
Section: 4
Dale: Fcbmary 2000
Prior to connection to "existing" City of Gastonia water lines, an appropriate
agreement/memorandum of understanding will be completed between EPA and the City of Gastonia.
When the construction phase is completed and all items are corrected on the "punch list", EPA will
be notified that the construction has been finalized. At this point, EPA will be responsible for the
negotiation of transfer of ownership of water lines to the City. The selected subcontractor responsible
for installation of the carbon filtration units will also be responsible for maintenance of the system.
WESTON will be responsible for replacement of the filters and sampling of the treated water for a
one year period beyond date of installation.
4.1.15 Permitting
During the design process and during the advertising of bids, WESTON will complete all permits
required by the North Carolina Department of Transportation for excavation and construction along
state maintained roads. WESTON will also examine requirements by the North Carolina Department
of Environment and Natural Resources as well as other pertinent requirements by state and local
agencies.
4.2 IMPLEMENTATION SCHEDULE
This Section presents a revised Preliminary Design schedule of the activities described in Section
4.1. The schedule is provided as Figure 4-1.
NOFVK:\WP\20064\043\FRDDDNOOl .DOC 4-5
Thi.-. document was prepared by Roy F. Weston, Inc., cxprcs.,;Jy for U.S. EPA. It shall not be rcll'ascd or dl-.closcd in whole or in part without
the express, written permission of U.S. EPA.
•
SECTION 5
BASIS OF DESIGN
• Final Remedial Design
Section: 5
Date: February 2000
The design criteria for the proposed water distribution improvements and carbon filtration units are
presented below. These design criteria conform to City of Gastonia Standard Details and
Specifications dated June 1, 1997, and general guidelines presented in Section 8 through 8. 10 of
Recommended Standards for Water Works, GLUMRB, 1992. Subsequent to receipt of the
preliminary survey and comments on the Preliminary Design document, the design criteria have been
revised accordingly. The goal of the design is to provide the homeowners a supply of drinking water
that results in minimum risk to their health.
Figure 5-1 illustrates the locations of the proposed water main and distribution lines. Figure 5-2
illustrates a typical 10 gpm carbon filtration unit installation which could serve a single household.
Standard waterline design details and manufacturer's cut sheets (revised since submittal of the
Preliminary Design document) are referenced in Section 7 -Preliminary Design Documents and
presented as exhibits in the Appendices.
Municipal Water From City of Gastonia
Line Sizes:
Line Type:
Service Line:
NOR/K:\WP\20064\043\FRDDDNOO 1. DOC
12-inch water main -850 linear ft
8-inch distribution lines -1,575 linear ft.
6-inch distribution lines -3,200 linear ft.
2-inch service lines -1,000 linear ft.
Ductile Iron, Class 50 (for 6, 8, and 12 inch line)
PVC AWWA C900 (for 2-inch line)
¾-inch copper, with a corporation stop
5-1
This document was prepared by Roy f<'. Weston, Inc., expressly for U.S. EPA. It shall not be released or disclosed in whole or in part without
the express, writlcn permission of U.S. EPA.
ITEM
Trench Excavation -Pipelines
Trenching -Service Lines
Trench Backfill
Bedding
Blow-offs (3)
Isolation Valves (20)
Hydrants ( I 0)
Service Lines¾" Copper
Corporation stops
Push-on D.I.P. 12-inch -850'
Push-on D.I.P. 8-inch -1575'
Push-on D.1.P. 6-inch • 2000'
2" PVC AWWA C900-1200'
1-1/2" Service Line -550'
Meter Boxes
Erosion Control
Testing & Clean-up
Pavement Repair
Seeding
Subtotal
Mobilization I 0%
Contingency 7.5%
Total
Construction Cost Estimate
• •
Table 6-2
Construction Cost Estimate -Water Line
Year 2000 Dollars
COST($)
Final Remedial Design
Section: 6
Date: February 2000
COST($)
(for 6-inch and 2-inch lines) (for no 2-ineh line usage)
15,265 15,265
4,627 4,627
4,977 4,977
2,183 2,183
6,120 6,120
9,150 10,500
20,000 20,000
36,806 36,806
2,365 2,365
29,750 29,750
36,225 36,225
42,000 67,200
19,200 NIA
3,300 3,300
21,304 21,304
5,000 5,000
4,642 4,642
7,500 7,500
4,050 4,050
$229,244 $255,794
22,924 25,579
17,193 19,185
$269,361 $300,558
$269,361 $300,558
*2000 Costs estimated by: (1997 dollars)x( 1.19)= Year 2000 dollars [ 1.19=( I)( 1.06)(1.06)(1.06]
NOFVK:\WP'20064\043\FRDDDN001.D0C 6-2
This document was prepared by Roy F. Weston, Inc., expressly for U.S. EPA. It shaU not he released or di'>closcd in whole or in part without
the express, written permission oru.s. EPA.
• • Final Remedial Design
Section: Appendix D
Date: Fcbmary 2000
Example Utility Easement Agreement
STATE OF NORTH CAROLINA
DEED FOR WATER MAIN
AND GENERAL UTILITY EASEMENT
COUNTY OF GASTON
KNOW ALL MEN BY THESE PRESENTS, that----------~----
of Gaston County, North Carolina; hereinafter referred to as Grantors, for the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, in
hand paid by the U.S. Environmental Protection Agency, a federal agency of the Government of the
United States of America, hereinafter referred to as Grantee, do hereby convey and grant unto
Grantee, its successors and assigns, a perpetual right, privilege and casement, the boundaries of
which arc specifically described hereinafter by plat reference, to go in, upon and through that certain
tract of land and premises described 111 those certain deeds to
________________ , dated _____ , __ , and recorded ___ _
__ , and recorded in the Office of the Register of Deeds of Gaston County, North Carolina, in
Deed Book ___ al Page_, to which reference is made, to construct, maintain, and operate in,
upon and through said premises in a proper manner, water lines and utility systems as the Grantee
may hereinafter desire to locate within said right-of-way and easement, including but not limited to
water mains, storm drains, sewer mains and outfall lines, power lines, gas mains and telephone lines,
together with supporting slope and construction easements, over, in, or on that portion of the realty
of the Grantors and which is more particularly described as follows:
Being a perpetual right-of-way and casement in the widths shown on the plat referred
to below. The location of the right-of-way and easements acquired and the width
thereof is shown on that certain plat or map thereof in the Office of the City Engineer
for the City of Gastonia, File# ___ dated______ , __ , and entitled
"Proposed Permanent Water Main/General Utility Easement and Temporary
Construction Easement lo be Acquired from ___________ ," a copy of
which said map is on file in the Office of the Register of Deeds for Gaston County
in Plat Book_ at Page_, to which reference is hereby made for greater certainty
of description.
It is agreed that once construction is completed and the waterline and all appurtenances arc accepted
by the City of Gastonia that the U.S. Environmental Protection Agency will transfer ownership of
this easement to the City of Gastonia, a North Carolina Corporation, for the long-term maintenance
and operation of the water lines constructed within this easement.
It is agreed that the cost of constructing, installing, and maintaining any utilities on the
aforedescribed right-of-way and easement shall be borne entirely by the Grantee and that no
assessment is to be levied against the remaining property of the Grantors by the Grantee by reason
or such right-of-way and e,L,ement. The Grantee, its successors and assigns, shall have the perpetual
right-of-way and easement at all times to enter said easement premises <LS described hereinabove for
the purpose of inspecting said lines and systems and making necessary repairs and alterations thereon
NQR/K:\WP\20064\043\F ADDDN001. DOC
•
NEW B"DISTRIBUTION LINE
NORTH
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• 0
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CREEK CENTERLINE.
EXISTING ROADS.
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----
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CURRENT 12" MAIN.
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•
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CURRENT 12" MAIN.
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•
Mr. Phil Vorsatz
Remedial Project Manager
U.S. EPA Region IV
61 Forsyth Street, SW
Atlanta, GA 30303
Roy f. Weston, Inc.
Suite 200
5405 Metric Place
Norcross, Georgia 30092-2550
® 770-263-5400 • Fax [phone]
www.rfweston.com
RE: Inspection Report For
Waterline Installation Project
Davis Park Road Site Remedial Action
Gastonia, Gaston County, North Carolina
U.S. Contract No. 68-W7-0026
Work Assignment No. 048-RARA-04PN
Document Control No. RFW048-IC-AFUT
Dear Phil:
• RECEIVEr
JUL 032000
SUPERFUNO SE
June 28, 2000
This Inspection Report for the Davis Park Road Site Remedial Action in Gastonia, North
Carolina presents information collected during. oversight of the water line installation along
Davis Park Road and adjacent side streets, including Penny Park and Skyland Drives,
Springbrook Circle, and Puritan, Rotan, and Tate Streets. The water line installation was
preceded by a pre-construction meeting held at the City Hall of Gastonia, North Carolina. Actual
work on the project began on May 22, 2000 with mobilization of equipment to the site.
The following information is presented in chronological order:
Week of May 22, 2000
During this first week of field acllvlly, Trans-State Construction Company, Inc. (TSCC)
mobilized equipment to the site, conducted a utilities search, initiated excavation of pipe
trenches, and installed piping. From May 22 to May 24, 2000, equipment was mobilized to the
site including piping, fittings, valves, and other support material and was placed at the edge of
the Douglas Bell property adjacent to James May's property. This is the laydown area for the
entirety of the waterline installation phase. The materials were inspected by TSCC personnel and
WESTON's on site inspector for compliance with the standards and specifications. On May 22,
k:\200641048\lnspRpt.doc
• •
2000, the City of Gastonia Inspector was on site to determine the actual start date of construction
and to arrange for daily reviews of site activities.
Excavation for the waterline was begun, as scheduled, on May 25, 2000 with the removal of the
blow off valve at the end of the existing 12 inch water main along Davis Park Road. During this
day, the contractor installed approximately 300 linear feet of 12-inch ductile iron pipe. The
excavation along Davis Park Road continued on May 26, 2000 and was advanced another 200
feet. This portion of the pipe crossed under a gas line and, according to project specifications,
was wrapped in 8 millimeter thick polyethylene sheeting. At the end of the day, as with all
successive days, each excavation was backfilled to original grade.
Week of May 29, 2000
Excavation and installation of the waterline continued this week with TSCC utilizing two work
crews. Activity along Davis Park Road was continued and completed to the designed termination
point at the bridge over Blackwood Creek on Monday, May 29, 2000. After completion of this
portion of the pipeline, TSCC began installation of pipe along Skyland and Penny Park Drive.
By the end of the work day Tuesday, May 30, 2000, 250 linear feet of pipe and one fire hydrant
tap were installed along Penny Park Drive, a 6-inch tap had been placed at the intersection of
Tate Street and Davis Park Road as well as Skyland Drive and Davis Park Road, and 100 linear
feet of pipe was installed along Skyland Drive.
On Wednesday, May 31, 2000, TSCC crews accidentally cut a gas line along Penny Park Drive
that had not been demarcated by the local utilities locating service and actually was part of an
out-of-service line. After the gas line was severed, the local gas company was contacted for
immediate services. The line was shut off and removed from the main service lines without
incident.
By Friday , June 2, 2000, the water lines along Skyland and Penny Park Drive were complete
and connections were made at Puritan Street and Springbrook Circle. During this week,
approximately 900 feet of 8-inch pipe had been placed in the ground. Also, approval was
provided by the City of Gastonia for the thrust blocking and rodding methods used for fire
hydrant and line connection installation.
Week of June 5, 2000
The week began with a rain event on Monday, June 5, 2000. The only activities to occur during
this day were driveway pavement cuts along Puritan and Rotan Streets. Full pipeline installation
activities resumed on Tuesday, June 6, 2000, as 375 linear feet of 6-inch ductile iron pipe were
installed along Puritan Street with two fire hydrants. For the remainder of the week, TSCC
completed the line along Puritan Street with installation of an additional 280 feet of 6-inch pipe
k:120064\048\lnspRpt.doc
2
• •
as well as installing 25 feet of pipe along Tate Street. On Friday, June 9, 2000, all areas that had
been disturbed were seeded and covered with straw to return the area to original or equal
conditions.
Week of June 12, 2000
TSCC continued the installation of pipe along Tate Street and completed the installation for a
total of 450 feet. Following the Tate Street completion, the contractor mobilized all effort
towards Springbrook Circle. By Friday, June 16, 2000, the entire 1,410 feet of 6-inch ductile iron
pipe had been completely installed along Springbrook, signaling completion of the installatfon of
the main water lines at the Davis Park Road Site.
Remainder of the Project
TSCC is now in the testing phase of the water line installation project. This period of testing will
also allow them time to set the meter boxes for each of the homes that are scheduled to receive
the public water service. The setting of meter boxes and connection to the main lines is expected
to begin during the week of June 26, 2000. According to the Project Manager for TSCC, the
entire line installation project should be completed by August 15, 2000, well ahead of our
projected schedule.
If you have any questions or require clarification on any matter described within this letter,
please do not hesitate to call me at [phone] or via email at [e-mail]
Thank you very much for your time and consideration.
k:\2006-1\048\lnspRpt.doc
Sincerely,
j)~{/,A.A.~
David D. Nelson, P.G.
Site Manager
3
• Ci-,y of GASToNiA
EvqiNEERiNq Divisio.'V
May 4, 2000
F. Douglas Mooney, PE
Roy F. Weston, Inc.
Suite 200
5405 Metric Place
Norcross, GA 30092-2550
Dear Mr. Mooney:
Authorization to Construct
•
...
This letter is to confirm that the construction plans and specifications for USEPA TCE Site and
0300203-W comply with the City ofGastonia's Engineer's Report and the Water System Management
Plan, dated January 31, 2000 and on file with the North Carolina Department of Environment and
Natural Resources, Division of Environmental Health, Public Water Supply Section.
The Authorization to Construct is valid for 24 months from the date of this letter. Authorization to
Construct may be extended if the Rules Governing Public Water Supplies and site conditions have not
changed. The attached Authorization to Construct and the engineering plans and specifications
approval letter shall be posted at the primary entrance of the job site before and during construction.
Approval must be secured from the City of Gastonia before any construction or installation if:
Deviation from the approved engineering plans and specifications is necessary; or
There arc changes in site conditions affecting capacity, hydraulic conditions, operating units, the
function of the water treatment process, the quality of water to be delivered, or conditions imposed
by the City in any approval letters.
Upon completion of the construction or modification and in accordance with Rule.0303, the applicant
shall submit a certification statement signed and sealed by a registered professional engineer stating that
construction was completed in accordance with approved engineering plans and specifications,
including any provisions stipulated in the City's engineering plan and specifications approval letter.
Once construction is complete, and the certification statement is received, the City will grant Final
Approval in accordance with I SA NCAC I SC.0309 (a). Therefore, no construction, alteration, or
expansion of a water system shall be placed into service until the City has issued Final Approval.
Sincerely,
J;;f~ ~:i~
Thorne Martin,IE
Assistant City Engineer
PO Box 1748 •Gastonia• North Carolina• 28053-1748
[phone] • Fax [phone]
•
Cr,y of GASTONIA
ENC,JNEERJN(j Dw1s10N
March 20, 2000
Jennifer Wendel
EPA Regional Office
61 Forsythe Street
Atlanta, GA 30303-8960
SUBJECT: PERMIT 0300203-W
•
3259 Linear Feet of 6" I 506 Linear Feet of 8" and 825 Linear feet of 12" waterline to
serve the TCE site on Davis Park Rd
Dear Ms. Wendel:
In accordance with your completed application received March 14, 2000 we arc forwarding herewith permit
number 0300203-W, dated 3-20-2000, to you for the construction of a water line distribution system to serve
the TCE site on Davis Park Rd.
This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions
and limitations as specified therein.
If any conditions or limitations contained in this permit arc unacceptable to you, you have the right to appeal
any such conditions to the office of the City Engineer within thirty days of issuance of said permit.
Construction shall not commence prior to issuance of a Notice to Proceed at the Pre-Construction Conference.
I
Upon completion of the permitted extension, a certification must be received by the City of Gastonia,
Engineering Division, from your Engineer certifying that the water distribution system extension has been
installed in accordance with the approved plans and specifications. The certification statement is on page two
of this permit. Please return a copy of the pennit with your Engineer's certification statement completed. The
extension will not be accepted by the City until the certification statement is received.
One (I) set of approved plans and specifications is being forwarded to you. If you need additional information
concerning this matter, please contact David F. Dickson at 704/ 866-6021.
Sincerely,
_atA-i-<Y ~-b THORNE A. MARN, P.E.
Assistant City Engineer
pc: NCDNR Central Office
NCDNR Regional Office
Gaston County Health Department
F. Douglas Mooney, PE
Roy F. Weston, Inc.
Suite 200
5405 Metric Place
Norcross, GA 30092-2550
POBox/748 • GASTONIA •
[phone] •
Notllll OulohNA • 28053-1748
FAX[phone]
•
CITY OF GASTONIA
PERMIT
•
For the discharg,· of Sewerage, Industrial Wastes, or other Wastes
In accordance with the prov1s10ns of Article 21 of Chapter 143, General
Statutes of North Carolina as amended, and other applicable Laws, Rules,
and Regulations for the Consolidated Water and Sanitary Sewerage System
of the City of Gastonia.
PERMISSION IS HEREBY GRANTED TO
US EPA
FOR THE
construction and operation of approximately 3259 LF of 6", 1506 LF of 8",
and 825 LF of 12" Waterline and AppurTenances to serve Davis Park Road,
pursuant to the completed application received 3-14-2000, and in
conformity with the requirements of the Department of Natural Resources
and Community Development.
This permit shall be effective from the date of issuance until rescinded, and
shall be subject to the following specified conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in
accordance with the approved plans, specifications and other supporting
data.
2. Construction shall not commence prior to the execution of a Water and
Sewer Agreement between the Developer and the City of Gastonia.
3. Upon completion of construction and prior to acceptance an operation of
this permitted facility, a certification must be received from a professional
engineer certifying that the permitted facility has been installed in
accordance with the approved plans and specifications.
4. Construction to be in accordance with City of Gastonia Standard
Specifications and Details.
5. A Pre-Construction Conference sl).all ve held between the City of Gastonia
and the Contractor prior construction.
•
• •
6. The facilities shall be properly maintained and operated at all times:
7. This permit is not transferable.
This approval is given with the understanding that upon installation of such
works, the project shall be dedicated to the City of Gastonia who will operate
the installation of the best accepted practice and in accordance with the
recommendations of the Division of Health Services.
The official copies of plans and specifications accompanying this application
have been sealed and stamped with the serial number of this application -
0300203-W. Only such plans and specifications are included in this
approval and any erasures, additions or alterations of the proposed
improvements will make up such approval null and void.
PERMIT NO. 0300203-W DATE ISSUED: ----------
THORNE A. MARTIN, P.E.
Assistant City Engineer
3-20-2000
I, ______________ as a duly registered Professional
Engineer in the State of North Carolina hereby certify that construction of
these permitted facilities has been completed within substantial compliance
and intent of the approved plans and specifications.
Signature _________ Registration No. _____ Date ____ _
CITY OF GASTONIA • m@~UWrsiru
ENGINEERING DIVISION ~1,-ll ~l!!J •
APPLICATION FOR APPROVAL OF PLANS AND MAR, 1 4 2000
SPECIFI~ATIONS FOR WATER SUPPLY SYSTEM
TO THE CITY OF GASTON] A.:
CITY OF GASTONIA
ENGINEERING DEPT.
United States Environmental Protection Agency submits to the City of Gastonia plans
(Name of Owner)
and specifications prepared by __ R~oy'---F_._W_e_s_t_o_n~, _I_n_c_. _________________ of
5405 Metric Place, Suite 200 Norcross Georgia 30092 ________________________________________ for
(Street or Box Number) (City) (State) (Zip)
the installation or construction of ___ W.:_a.::.t e.:_r::..__:D:..:i:..:s:..:t-=r-=ic:.bccu.::.t=.io'--n:.:.__I:;.;mc.,p:..:r:...:o:..:v--=ec::m:.::e.:.:n.::.t=-s-__________ _
(Describe Project)
Davis Park Road TCE Site at ____________________ _
(Name of Project)
Gastonia, Gaston County, North Carolina
(Location of Project)
and herewith make application to the City of Gastonia for approval of such feature of said plans and
specifications as relate to public health and the protection of public water supplies.
This application is made under and in full accord with the provisions of Chapter I 30A-3 l 7 of the
North Carolina General Statutes, and such other statutes as relate to water systems. The applicant agrees that no
change or deviation from the plans ai1d specifications approved by ihe City of Gastonia will be made except
with the written consent and approval of the City of Gastonia.
REMARKS:--------------------------------
F. Douglas Mooney, P.E.
(Type or print name signed above)
Roy F. Weston, Inc.
5405 Metric Place, Suite 200
(Street or Box Number)
Norcross, GA 30092
(City) (State)
(Date)
(Zip)
pc/v.mup-app
• •
Engineer's Report
(This fom1 to be filled out by engineer)
~@~UW!s@J
MAR 1 4 2000
CITY OF GASTONIA
ENGINEERING DEPT.
Please altaeh all calculations with an estimate of on-site usage, not including fire flow.
Residential Development
Type of dwellings served (on-site): Single and Multi-Family Homes
Maximum number of dwellings that will be served: _7_0 ________ _
Maximum estimated total demand (300 gal/day/unit): -=-2=-l ,'-'9-"'0-"0 _____ _
Commercial/Industrial Development
Type of development:
Maximum expected on-site demand (gal/day): _______ _
• •
C,ry of GASTONIA
EN(j!NEER'!V(j Dtll/5/0N
i~nginccring Plans and Specs Approval
March 17, 2000
F. Douglas Mooney, PE
Roy F. Weston, Inc.
Suite 200
5405 Metric Place
Norcross, GA 30092-2550
THIS IS NOT AN AUTHORIZATION TO CONSTRUCT
Dear Mr. Mooney,
Enclosed please find one copy of the "Application for Approval of Plans and Specs". One copy of the
referenced engineering plans and specifications bearing the Authorization to Construct stamp will be given
to you at the pre-construction meeting. The contractor will also be given a set of plans and specifications
bearing the Authori7.ation to Construct stamp and permit number for the referenced project. These
engineering plans and specifications arc approved under Pcm1it Number: 0300203-W, dated March
17,2000.
Engineering plans and specifications prepared by Roy F. Weston, Inc., call for F. Douglas Mooney, PE.
The enclosed approval contaibs conditions on the project as follows: 3259 linear feet of 6", 1506
linear feet of8", and 825 linear feet of 12" waterline to serve Davis Park Road TCE site.
Please note that an "Authorization to Construct" requires both this approval of Engineering Plans and
Specifications and an approved Engineer's Report, which complies with the Water System Management
Plan and is on file at the City Engineering Dept. No construction shall be undertaken, and no contract for
construction, alteration, or installation shall be entered into until. the City issues an Authorization to
Construct letter in accordance with 15A NCAC l8C .0305 (a).
One copy of each enclosed document is being forwarded to the NC DENR Regional Office and one copy is
being retained in our permanent files.
If you have any questions, please contact David F. Dickson at (704)-866-6021.
Thank you,
~~ Thorne Martin,PE
Assistant City Engineer
Pc: James McGuire NC DEHNR
Gaston County Health Dept.
Eng plans specs app I
PO Box 1748 • WSTONIA •
[phone] •
Nond1 C..11ol1N11 • 28053-1748
fu(704) 854-6654
•
C,,y of GASTONIA
EN(jlNEERIN(j DtVISION
April 5, 2000
Mr. Philip H. Vorsatz, Chief
N. C. Site Management Section
Waste Management Division
U.S. Environmental Protection Agency
Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303-8960
Dear Mr. Vorsatz:
•
Enclosed is an (original) executed copy of the Letter of Agreement
between the EPA and the City of Gastonia. Please advise as this project
progresses. Should you have any questions or need further information,
feel free to contact me at [phone].
Sincerely,
Pc: Donald E. Carmichael, Director of Public Works/ Utilities
Dennis J. Red wing, Deputy City Attorney
Thorne A. Martin, Assistant City Engineer
Reginald E. Davis, P.E., P.L.S., Asst. City Engineer
Debby P. Key, Project Administrator
JPB/ acf/ 043
PO Box 1748 • CAsroMA • Noml1 G,no/,NA • 28053-1748
[phone] • FAX [phone]
UNll.STATES ENVIRONMENTAL PROTECT. AGENCY
REGION 4
J. Philip Bombardier
Asst. Director of Public Works/
City Engineer
City of Gastonia
P.O. Box 1748
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
March 28, 2000
Gastonia, North Carolina 28053-1748
Dear Mr. Bombardier:
The United States Environmental Protection Agency (EPA) under the authority and requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. Sections 9601 et~ (The Superfund Law) will be constructing water lines in the Davis Park Rd. area of Gastonia to connect approximately 70 homes to the City Of Gastonia Water System. Hazardous substances, including tetrachloroethene (PCE) _and trichloroethene (TCE) have been discovered in groundwater in this area at levels above EPA action levels. As a result of these findings, and with community involvement, EPA has prepared a Record of Decision for the Site which outlines a plan for installation of the water lines.
I
EPA, through its prime contractor Roy F. Weston, Inc. (WESTON) and a subcontractor, will be initiating construction of the water lines. and related items in the near future and should be completing construction by September 2000. As reflected in the design documents and subcontractor solicitation materials already reviewed by the City, EPA contractors will construct and install the water lines and related items in accordance with City of Gastonia and State of North Carolina standards.
The purpose of this letter is to request that the City agree, that after completion of construction and acceptance by the City, to take over the responsibility for operation and maintenance of the public portion of the water lines and related items shown on the final design plans for this Site. All rights and interests for the water line will transfer from El' A to the City at that time.
Please sign below to indicate your acceptance (I have enclosed two signed copies), or respond separately to this letter. We appreciate your help and participation in this action to provide safe drinking water to the residents of the Davis Park Rd. Site area.
Internet Address (URL)• http:flwww.epa.gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Pos1consumerJ
' . • •
2
This letter repJaces my previous letter to you on this subject dated.March 15, 2000. If you
have any questions or would like to discuss this further, please call me at ( 404) 562-8789.
cc: Jack Butler, Chief
Superfund Section
NCDENR
David Nelson
WESTON
5;,~~
Philip H. Vorsatz, Chief
North Carolina Site Managenient Section
Waste Management Division
... ;/
City ofG~sto .· ··· ·ncurrence:
✓ ,' ~/: / /'/;✓~
APnr: -
/'/'✓,
• • C,ry of GASTONIA
-·:.~.:::.-.========:l==
April 5, 2000
Mr. Philip H. Vorsatz, Chief
N. C. Site Management Section
Waste Management Division
U.S. Environmental Protection Agency
Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303-8960
Dear Mr. Vorsatz:
RECEIVED
APR 1 7 2000
SUPEAFUNO SECTION
Enclosed is an (original) executed copy of the Letter of Agreement
between the EPA and the City of Gastonia. Please advise as this project
progresses. Should you have any questions or need further information,
feel free to contact me at [phone].
Sincerely,
~:;:'.H~H~~~~
Ass ec or o lie Works/ City Engineer
Pc: Donald E. Carmichael, Director of Public Works/ Utilities
Dennis J. Redwing, Deputy City Attorney
Thorne A. ~~1ar-tin, Assistant City Engineer
Reginald E. Davis, P.E., P.L.S., Asst. City Engineer
Debby P. Key, Project Administrator
JPB/ acf I 043
PO Box I i48 • C-1sro.v,.1 • Nomi, Cu1oh,vo • 28053-1 i48
(i04) 866-6i6/ • hr(i04) S64-9i32
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
RccGION 4
J. Philip Bombardier
Asst. Director of Public Works/
City Engineer
City of Gastonia
PO Box 1748
I\TLAIHA crnERAL CENTE"
61 FORSYTH STREET
ATLANTA GEORGIA 30303-8960
March 28. 2000
Gastonia. North Carolina 28053-1748
Dear Mr. Bombardier
The United States Environmental Protection Agency (EPA) under the authority and
requirements of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U.SC Sections 960 I et~ (The Superfund Law) will be constructing water
lines in the Davis Park Rd. area of Gastonia to connect approximately 70 homes to the City Of
Gastonia Water System. Hazardous substances, including tetrachloroethene (PCE) and
trichloroethene (TCE) have been discovered in groundwater in this area at levels above EPA
action levels. As a result of these findings, and with community involvement, EPA has prepared a
Record of Decision for the Site which outlines a plan for installation of the water lines.
EPA, through its prime contractor Roy F. Weston, Inc. (WESTON) and a subcontractor,
will be initiating construction of the water lines and related items in the near future and should be
completing construction by September 2000. As reflected in the design documents and
subcontractor solicitation materials already reviewed by the City, EPA contractors will construct
and install the water lines and related items in accordance with City of Gastonia and State of
North Carolina standards.
The purpose of this letter i~ to request that the City agree. that after completion of
construction and acceptance by the City, to take over the responsibility for operation and
maintenance of the public portion of the water lines and related items shown on the final design
plans for this Site. All rights and interests for the water line will transfer from EPA to the City at
that time.
Please sign below to indicate your acceptance (I have enclosed two signed copies), or
respond separately to this letter. We appreciate your help and participation in this action to
provide safe drinking water to the residents of the Davis Park Rd. Site area.
In112rne1• Address I_URU • nttp:.·1www.eoo.gov
Recycled/Rl!Cy::labie • Printed ','.'l\tl Vt:~11:'lallle Oil B<lSf!(l lf\1<.S u:1 RAC'/Cl•;'(l f°',tl)';! (f,111llll1Ufn '.,f)'", Pnr,;crinSIJl!li;;)
• •
2
This letter replaces my previous letter to you on this subject dated March 15, 2000. If you have any questions or would like to discuss this further, please call me at [phone].
cc: Jack Butler, Chief
Superfund Section
NCDENR
David Nelson
WESTON
Philip H. Yorsatz, Chief
North Carolina Site Management Section
Waste Management Division
,·' /'
,./' ,/,·
City o~f Gasto.ni:,,concurre1ice:
/// . vjl. _ __,/
·" '
.. ED STATES ENVIRONMENTAL PROT.ION AGENCY
J. Philip Bombardier
Asst. Director of Public Works/
City Engineer
City of Gastonia
P 0. Box 1748
REGION 4 .. _
ATLANTA FEDERAL CENTERR ECE IVED 61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
MAR 3 0 2000
SUPERFUND SECTION
March 28, 2000
Gastonia, North Carolina 28053-1748
Dear Mr. Bombardier:
The United States Environmental Protection Agency (EPA) under the authority and
requirements of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U.S.C. Sections 9601 et~ (The Superfund Law) will be constructing water
lines in the Davis Park Rd. area of Gastonia to connect approximately 70 homes to the City Of
Gastonia Water System. Hazardous substances, including tetrachloroethene (PCE) and
trichloroethene (TCE) have been discovered in groundwater in this area at levels above EPA . . action leyels. As a result oft~ese findings, and wi\h community involvement, EPA has prepared a
Record of Decision for the Site which outlines a plan for installation of the water lines.
EPA, through its prime contractor Roy F. Weston, Inc. (WESTON) and a subcontractor,
will be initiating construction of the water lines and related items in the near future and should be
completing construction by September 2000. As reflected in the design documents and
subcontractor solicitation materials already reviewed by the City, EPA contractors will construct
and install the water lines and related items in accordance with City of Gastonia and State of
North Carolina standards.
The purpose of this letter is to request that the City agree, that after completion of
construction and acceptance by the City, to take over the responsibility for operation and
maintenance of the public portion of the water lines and related items shown on the final design
plans for this Site. All rights and interests for the water line will transfer from EPA to the City at
that time.
Please sign below to indicate your acceptance (I have enclosed two signed copies), or
respond separately to this letter. We appreciate your help and participation in this action to
provide safe drinking water to the residents of the Davis Park Rd. Site area.
Internet Address (URL)• http://www.epa.gov
Recycled/Recyclable • Printed . ...,,r:h Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
• •
2
This letter replaces my previous letter to you on this subject dated March 15, 2000. If you
have any questions or would like to discuss this further, please call me at ( 404) 562-8789.
cc: Jack Butler, Chief
· Superfund Section
NCDENR
David Nelson
WESTON
Philip H. Vorsatz, Chief
North Carolina Site Management Section
Waste Management Division
City of Gastonia concurrence:
• RECiVED
· 11111\n ~-r,, ?nno
UNITED STATES ENVIRONMENTAL PROil'ECTION AGENCY
REGION 4
J. Philip Bombardier
Asst. Director of Public Works/
City Engineer
City of Gastonia
P.O. Box 1748
ATLANTA FEDERAL Qf;N~FUND SECTION
61 FORSYTH srnr~ -·.
ATLANTA. GEORGIA 30303-8960
MAR l 5 2000
Gastonia, North Carolina 28053-1748
Dear Mr. Bombardier:
The United States Environmental Protection Agency (EPA) under the authority and
requirements of the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U S.C. Sections 190 I et~ (The Superfund Law) will be constructing water
lines in the Davis Park Rd. area of Gastonia to connect approximately 70 homes to the City Of
Gastonia Water System. Hazardous substances, including tetrachloroethene (PCE) and
trichloroethene (TCE) have been discovered in groundwater in this area at levels above EPA
action levels. As a result of these findings, and with community involvement, EPA has prepared a
Record of Decision for the Site which outlines a plan for installation of the water lines.
EPA, through its prime contractor Roy F. Weston, Inc. (WESTON) and a subcontractor,
will be initiating construction of the water lines and related items in the near future and should be
completing construction by September 2000. As reflected in the design documents and
subcontractor solicitation materials already reviewed by the City, EPA contractors will construct
and install the water lines and related items in accordance with City of Gastonia and State of
North Carolina standards.
The purpose of this letter is to request that the City agree, that after completion of
construction and acceptance by the City, to take over the responsibility for operation and
maintenance of the public portion of the water lines and related items shown on the final design
plans for this Site .
. '
lnt9m'at Address (URL)• http://www.epa.gov
Recycled/Recyclable• Pnnted with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
• •
2
Please sign below to indicate your acceptance (I have enclosed two signed copies), or
respond separately to this letter. We appreciate your help and participation in this action to
provide safe drinking water to the residents of the Davis Park Rd. Site area.
If you have any questions or would like to discuss this further, please call me at
[phone].
cc: Jack Butler, Chief
Superfund Section
NCDENR
David Nelson
WESTON
s~'(S
Philip H. Vorsatz, Chief
North Carolina Site Managemeni·Section
Waste Management Division
City of Gastonia concurrence:
•
Roy F. Weston, Inc.
Suite 200
5405 Metric Place
Norcross, Georgia 30092•2550
® 770-263-5400 • Fax [phone]
wvvw.rfweston.com
Mr. Phil Vorsatz Dr-'"'
U.~. Environmental Protection AgencyH:: !,_.,.E /VEO
11 Floor, North, WMD
61 Forsyth Street SW MAR 13 2000 Atlanta, Georgia 30303
RE: Submittal of Sediment an~Ult~b~~~nYr~Ytb~
and NCDOT Encroachment Agreement
U.S. EPA Contract No. 68-W?-0026
Work Assignment No. 043-RDRD-04PN
Document Control No. RFW043-2C-AEUX
W.O.# 20064-043-100-1180
Dear Mr. Vorsatz:
March 8, 2000
Attached is one copy of the "Financial Responsibility/Ownership Form Sedimentation PoUution Control
Act". As you will note, this form has been partially completed by WESTON, principally within those
questions not requiring a signature. Please have the necessary person within the agency complete Part B,
Number I only, and sign the back of the form at the bottom of the page in front of Notary Public, which
will provide witness to your signature. This form can be sent separate from the Sediment and Erosion
Control Drawings to Steve Allred of the Mooresville Regional Office of_NCDENR; however, as you
know, the form should be completed as soon as possible.
In addition, a copy of the North Carolina Department of Transportation Right of Way Encroachment
Agreement has also been attached for legal review by your office. Please note that the form is from July
I, 1977 and, according to the Gaston County NCDOT representative, has not been updated since.
Thank you for your time·and consideration. If you have any additional questions or require clarification,
please do not hesitate to contact me at [phone] or via email at [e-mail].
k: \2 0064 \04 3 \letters \ltdd n02 0
Sincerely,
~a
David D. Nelson, P.G.
Work Assignment Manager
• • FINAN~IAL RESPONSIBILITY/OWNERSHIP FORM 1!:, :'r
SEDfMENTA TION POLLUTION CONTROL -ACT:c:;· , 1
,. '', .. . ' .
No person may initiate a land-disturb_ing activity on one .or.more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approveci"by the Land
Quality Section, North Carolina Department of Environment and Natural Resources. (Please type or print and, if
question is not applicable. place NI A in the blank).
Part A.
I. Project Name DAVIS PARK ROAD TCE SUPERFUND SITE -WATER DISTRIBUTION IMPROVEMENTS
2. Location of land-disturbing activity: County __ G,,,A"'S'-'T,.,O"-N,__·_· _-_______________ _
City or Township__,G.,_.A,.S .... T..,,Ou,Nu.J.cA~---------· and Highway/StreetDAVIS PARK ROAD
3. Approximate date land-disturbing activity will be commenced:_-=MA=Yc..·-=l_,_,-=-20=-o=-o=--' ________ _
4. Purpose cf development (residential, commercial, industrial, etc.): RESIDENTIAL WATER SERVICE EXT.·
. . -
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas):_.,?---"A,..CBo..Ec..Si:•~' ___ _
6. Amount of fee enclosed$ $50.00 (see attached letter)
7. Has an erosion and sedimentation control plan been fiied? Yes XX No ___ Enclosed __ _
(revised plan issued also)
S Person to contact should sediment control issues arise during land-disturbing activity.
Name F. DOUGLAS MOONEY'." Telephone--'Y-'-7-"0_-::.;26"-'3c...-...=5c::4..::;0.::_0 ________ _
9. Landowner(s) of Record (Use blank page to list additional owners):
N.C. Department of Transportation (ROW -State Roads) ------'-------'--------
10.
Nam 1! ( s)
P.O. Box 47 Division 12
Curn:nt Mo.iiing Address
Shelby, North Carolina 28151
City State Zip
Recorded in Deed Book No. ______ _
Curre:i.t Slre:::~ Addn:::;s
St:J.h:! Zip
Page No. _________ _
Part B.
L Person(s) or firm(s) who are financially responsible for this land-disturbing activity (Use a blank page to
list additional persons or firms):
Nrune of Person(s) or Finn(s)
Mailing Addn::ss Street Address
City State Zip City State Zip
Telephone
.,,}'-' ,J
• • 1, ~· _:,£;\l
2. (a) lfthe Financially Responsible Pa11y is·not a resident ofN011h Carolina give name and address ofa >i;J/. North Carolina Agent: · T''
Name
MJiling Address Street Address
City Srate ... Zip City State Zip
Telephone Telephone
(b) If the Financially Responsible Pa11y is a Pal1nership or other person engaging in business under an
assumed name, attach a copy of the ce11ificate of assumed name. If the Financially Responsible Pal1y is a Corporation give name and street address of the Registered Agent.
,,·
Name of Registered Agent
Mailing Address St.red Address
City StJte Zip City State Zip
Tde;::ihom:: Tdt::phone
The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be s_igned by the financially responsible person if an individual or his attorney-in-fact or if not an individual by an officer. director. partner, or registered agent with authority to execute instruments for the financially responsible person). I agree to provide corrected information should there be any changes in the · information provided herein.
Type or print nrunt::
Signarure
Title or Autlioriry
Date
L ________________ , a Notary Public of the County of _________ _
Seate of North Carolina, hereby ce11ify that _________________ appeared personally
before me this day and being duly sworn acknowledged that the above form was executed by him.
Witness my hand and notarial seal, this ______ day of _____________ , 19 __ _
Seal
Notary
My commission expires _____________ _
INSTRUCTIONS
\/hen the appl leant is a corporation or a municipality, this agreement must have the corporate sea; amd be attested by the
corporation secretary or by the empowered city official, unless a waiver or corporate seal and attestation by the secretary
or by the empowered City official Is on file In he Raleigh office of the llanager of Right of \lay. In the space provided ln
this agreement for execution, the name of the corporation or municipality shal I be typed above the name and title of 11 I
persons signing the agreement should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable
In format Ion:
I. A 11 roadways and ramps
2. Right of way I Ines and where appl lcable, the control of access I Ines
J. Location of the existing and/or proposed encroachment
~-Length, s lze and type of encroachment •
5. llethod of lnstal lat Ion
6. Dimensions shc,...,ing the distance from the encroachment to edge of pal/ement, shoulders, structures, etc.
7. Location by highway survey station number. If station number cannot be obtained, location should be shown by dis-
distance from some Identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the
encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the
Raleigh office.)
8. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from encroach-
ment to nearest part of structure)
9. Kethod of attachment to drainage structures or bridges.
10. Kanhole design
11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc.
12. Length, size and type of encasement where required.
I). On underground crossings, notation as to method of crossing -boring and jacking, open cut, etc.
I~. Location of vents
GENERAL REQUIREKENTS
I.
2'
3'
4'
5' 6.
7.
8.
Any attachment to a bridge or other drainage structure must be approved by the Head of Structure Design In Raleigh.
prior to submission of encroachment agreement to the Division Engineer.
All crossings should be as near as possible normal to the centerline of the highway.
Hfninu.un vertical clearances of overhead wires and cables above al I roadways must conform to clearances set out In
the National Electric Safety Code.
Encasements shall extend from ditch line to ditch line In cut sections and 5' beyond toe of slopes In fill sections.
All vents should be extended to the right of way I lne or as otherwise required by the Department.
All pipe encasements as to material and strength shall meet the standards •nd specifications of the 0ep1rtmcnt.
Any special provisions or specifications as to the performance of the work or the method of construction that may
be required by the Department must be shown on a separate sheet attached to encroachment agreement provided thlt
such information cannot be shown on plans or drawings.
The Department's Division Engineer should be given notice by the applicant prior to actual starting of lnst-1H1tlon
included in this agreement,
//.o.(Q I
C cl .1\/TA-6 T
ROUTE ----------• PROJECT
D EP/\RTMEIIT OF TR/INS ran T /IT I 011
-/1110-
-/1110-
• ST/\TE OF NORTII C/\ROl.lll/1
COUNTY OF
TIIREE P/\RTY RI GIIT OF ',//\Y
ENr.RO/\CIIMEI/T /\GREEMEIIT ot/
PRIH/\RY /IND SECONO/\RY SYSTEM
the clay of
part; ·and
19_ THIS. /\GREEMEIIT, made and entered into this
by and between th~ Department of Transportation, pnrtyof the first
arty of ti
second pa rt ;
party of the
and
third part,
W Tt/ESSETII:
TH/\T WHERE/IS, the party of· the second part des I res
way of the ·public road ·deslonated as Route
to encroach on the ri!)ht of
located
witl1 tl1e construction ancl/or erection of
WHERE/IS, it Is to the material ;,rfvantage of the party of the second part to effec1
this encroachment, and the party of the first part, in the exercise of authority. con-
ferred upon It hy statute, is s,i 11 i no to permit the encroachment wl th In the I imi ts of
the ri!)ht of way as indicated, s11b_ject to the conditions of this agreement;
110\·/, THEREFORE, IT IS /\GREED that the p;,rty of the first part hereby orants to
the party of the second part the ri9ht ,ind rrivileoe to make this encroachment as
shown on attached plnn shcr.t (s), srcr.ific,,tions, nnd srccic1l provisions h,hich ore
_made a part hereof upon the fol lowi n!J conditions, to wit:
That the ln11t<'lll11tJon, opor,11tlon, nncl m.,Jnlon11nce of the .,bov" rle11crlbed f.,cl)1ty will be t'lccomr,llnhnd In c'IC•
corrl,.mce 'With.the poHty of tho flret part'n I.,te11l 1101.JClr..':i Allll PR()(;f.01/Rf.S F'OI? Ar.C(Jt-l0/1ATltU; 1rrJI.JTJ[~ O!/ JIJr,lfNAY
f?J(;Jf'/~j-Or-WA'f, anrt 1111ch revl11Jon11 ,3nc\ .,mondmonta thnruto ,lll m-:iy7)0lri-orrocr-11TTr;t,c!.it"oOrtldo <'l(Jfllnmr.111. ln-
"fo"r'm.iTT'oii'"""dDto tlu111e poltcloa ond proc:ecluroa m.,y ho ohtnJnod from tho Olvlolon £nqlneer or Stato Utility J\qnnl of
the puly of the firet put.
That the .,.,Id party of the secnnd p.,rt hlnrlo ,,nd ohllqr'lto, hlmnnlf to lnatnll nncl m<'llntllln thn encronchlnq
facility In 1111r.h rude onrl pror,er conclltlt'.Jn lhr'Jl It 1o1lll not lnlerfer11 1o1lth or end,,nr_p,r lrnvfll 11pon 11n1d hlql,w.,y, nor
ohatruct nor Interfere with tho propllr m,,lnlt!n.,nr.e theroof, to rolmh11r110 the party of tho flrt1l p.,rl for the cont
incurred for any rep11Jr11 or mnlnton,rnce lo lta ro,1d1o1,1y, .,,.c1 ntructuron nnce111111ry d11e to thn ln11t.,)lllllon nnrl r.-.:-
latence ot the l.,cilltJea of lhu fJdrly nf tho aeconcl p.ut, ,lnd If <'II ,my time tho p<'lrty of the flr11t p<'lrl 11hllll
require the removo!ll of or chan11oa In the loc.-tlion of the ulcl f.,cllltlon, thnt ttu1 nc'lld p.,rty of th" aeconcl pclrt
bind• hlmaelf, hla 1111cce11nor11 ,oincJ dsal11n11, to promptly rcmovo or allor the en1d tncll1t1en, Jn order to conform
to th11 11aid requlr'ement, wllhout clny coat to tl,e , ... irty ot tho llral part.
Thot the party of tho Docnnrl l')drt MJref!11 to provlclo rlurlnq con11tructton and 11ny 1111h11er,11ent IMinter.,oincn prorr.r
11lqn11 alqnal llqhln, flclCJ'Tl'Ut:'I nnd ntlinr '-'nrnlnq duvlcea for the protection of traffic In conformc,ncn 1o1ith thn J.,tnat
J.\1m1o!li on llnltorm Trnfflc Control llf:vlccn tor :'jtrr.cln .,net lfl~Jl\,1.-tya .,ncl J\mondmenl11 or S11pplement11 therfllo. lnfor-
;;;:;TTon"":;;J((J tho abovor\iT;ii"-411ir7C,'j;Jt:;riW\G"in.iy"f,0-0fiT:;rn~,l (fllm-tho OlvJ11lon Cnolneer ot the porty of thn flrat
Pel rt,
Thot tha po!lrty of the llf!concl pc,rl hflrr.hy nqrnna lo lndf?mnlfy """ 1111vn h,Hmlona thfl r:,nrty of tfu, (Jrnt J),Hr
frora all cl,tm,.qea aut1 clo!1l1111 for' dclmdlJn lh.,t may ,irlno hy ru,111on of tho ln11toll<11tlon <11nd fflcllnlenonco of thin nn-
cro"lcl1111ent. ·
Th<11t tho J"lclrly of tho nncnnrl f"l"rt ,11Jrnnn to rnntorn nl I <'lrn<1111 ll\11t11rh•d durlnl'J lnatnllntlon nnd mrdntnnnnr.r,
to the 0<11tlnf.,,:tlon of lhtt IJlvlalon f.n(Jln,ior of llin r:,,uly of tho flrnt r>.1rt. Tho pnrty of the neconrl ri.,rt l!fJreen
to exorclan every reaaonabln pr1?C<1111llun 1hirlnq cnriotructlon and m<llntenc1nce to prevent orocJlnq of 11011; ellllniJ or
i,ollt1Hon of river•. atroamfll, lak-r.11. rnnnrvo1r11; nlher w.,tnr lmpo,,ndme,nls, 1Jro11nd 1111rfo!lct?11 or othor propnrly; or
pollution of the elr. Thurn 11hall he t:om1,ll,1ncr. with cll•Plicahlu r1il1111 cltHI rel'}11l11tton11 of thn 1/orth 1;11rollnn
/Jjvjaion of i:nYJro11mnnt.,.! H.,11.1,,r,,n11r.l, /!r.rll, 1·,.,0\111,1 ~cdlm1intnl Ion l'ontro,l C:omml1111lon, and 1o1lth ordln.,ncu" .,nrl
reg11l<11llonn of V<'.lflouu co1mtlo11, m11n1.::1p,dJtic:1 .,,11! other ottlcl.,J "'Jcncion rol<'llin9 lo poiiullon·11rnt•en:Jo11 .1r,r\
control. Whnn any ln11toll.,tton Of lt\t'llnlcn,,ncc oporclllon cllnl11rh11 tho <1ro11nrl nurfllco clnrl the oxl1tllnq 9roun,/ r.ovnr;
the p,oirly of the llccon1I p.-trl cl'7rcn:1 lo remove ,"Jnd rcr,L,cc lhe ,odor otherwlno reealclhl!nh tho 9r11nn covf!r to tnl!lol
the acll!Hlo!lctlon of tha lllviolc,n t:nqinear ol \hn p.11ty of !ht first pdrt,
Th,oit thG porty of the aocon<I p.,rt 11qrnr.11 to 1111n11mo tho .,ctu.,) co11t of any Jn1tpoctfon of lh1t 1o1ork: conalrlorod In
he neco1111.,ry by lha flJvlnion tn11lnuor of lhn J),Hly o/ lhn !lr1tl pnrt.
Thnt thn fMrly of !ho nncnn,I p,,rl .v1rr.r.n lo h,1vn ,1v.,l),1hlr. .,1 1hr. cnn11tr11ctlon alto, .,t ,ill
atn,cllon, a copy of 1111• .icirnnmont :1ho1o1ln11 cvltle11r.o1 o( ,1pruov,d hy tho pdrly o( the flrnl p.,,t.
flTnl p.,rt rcaervea the rlqht to utop .-tll 1o1orl.'. 11nlc11:1 ovldunce of np11rovol con be nhown.
llrn~n d11rJnr1 r.nn-
Thn J),'lrty of lhn
flrcvldorl th1t -work r:ontnlruul In lhln .,..,rr.r.mr.nl la hcln.-, r,or/ormttd on n com11lnlncl hlqh-wny opnn In tr.,fflr.; lhn
p-,rty ot tho ,econd fMrt d')rcc11 to ..,1vo -wrltlr.n nollr.r, to \hu lllvl11lon 1:nQln1tnr of lht1 pnrty of tlin flrnl p,111!
l ••hon .,11 -wor\'.. cont.,lnecl h1tr1tJn h11, benn r.ninr,letod. llnlC"11n nr,cclllcnlly rnrp1n11lnd hy tho 11,,rty of 11111 llrnt pnrl,
I o, t "Ji, ~-.•~n notico of co1t1plctlon of 1o1or\:: on hl11l11o111y prc..Jocl1t unolor cor111tn1ctlon 1o1tJJ not be rmpdrncl.
1110.,• ''• r"l J,, ti fr lr•t ti,.
o,. ii, "41"t C'"o
1'J '• ro " r:.1 'rtt It l"Jfll,t ••r.-• ''c,,r:
0~ .,: ,,,.r:,'"1~., ..
')' 4t l'Jr,/''ic.•,.,
11 '1 lo·'"'J •1 . '
wutk u:,ti'i''~1i~'•j~~'i'Jlty 1,ao bo~1; U~uu1,1ld.· 111lt1 co111pl1a1u.:u ur ,o.
µ,:uly ul tho flrol vait,
by both portl•• that lhlo .:11,,~uo1no11t 11h.Jll boco1no vold lf oCtunl conotructlon of th• work
o lier• n 1a not be9un within 0110 llJ yo,u frma tho d.ilo or oulhorl1,atlo11 hy llio 1>-0rty of lhe lir11l µart
wrltlen waiver h oacuretl by tho porly of th., oocu1HJ p.lrl from llio µarty of tho f1rnt po.rt.
Durlnq the perlorMnce of thh contra.ct) tlio e••.:md party, for ilaoll, lta ao11l9nou and ouccoaaora in l11loroat
(hereinafter roferred lo au the '"conlraclor'", ayroco oo lulluwo:
••
"·
c.
d.
..
Compliance with llegulal101101 'l'ho contrUctur oli,111 com1tlY with tho lll'f.JUltJ\lono rolollv" lo 1101n.llocrlml11-
otlo11 lll Jedorally-oaahled pro9rorn11 of llie U; :.i. Ucp,,rl1ncml of 'l'r.J111:1i,orll)tlon, l"ltlo 19, Cot.lo of rP.t.leral
Ucqulallone, Port 21, a• tl1•Y may Uo a1qu11Jod lru,n ll11m \u \h,u, lhcrol,,,,llor rolerroLl lo ,10 \ho llequlo-
t1onoJ, whlch are heroin lncorporaloU,Ly 1ulu11.wcc ,111J a1JJu J µJI\ ul tl,lo cuulrac\.
/1011dlncrlmlnatl0111 'l'ho conlr,1clor, vlth ruq,,rd \0 tho wor~ 11orforo111J by It <lurl,1? the co11\rnct, ohnll not
i.119crlral'iiifiotttho QroumJo of raco, culor, u1 1111llu11,il orlqlli 111 lhu ool•,c\1011 a11J rolontlOn of oul.,co11-
traclors, lncludl119 procuremenlo o/ 1n,1lorlols a1ul leatiuo uf •1qul)11111ml. Tho conlroclor ahall not µ,ullcl-
pale either dlroctly or indirectly in tho Jlocrlmlli.1llo11 µrohlbllo<l liy !Jocllo11 21.5 of the Re,;mlatlonn,
lncludl11c., e1nploy1nonl practicoo whou tho coutrocl co,orn ,1 JHUQrum oot fu1 th 111 lipµou<llx U of \ho l1oqulollon11,
!Jollclt,"lllona for Subconlr11£1L.....J.DcluLll11y J>rocurt'1mnilo of f.l1lorJ,1ln ;11,d Eu~: ln all 11ollcllal101111
elther by competitlvo bltltll119 or 11eyollo1lTo11 1,uiluOy ll,u conlr,1clor for vod: lo bo perlor11111d under a nub-
contract, inclu<linQ procureni•nh of Nterl,"lla or looaoa of oqulpmo11l, oach poloutlal aubc011lroclor or
auppliar ahdl be notified bt the contractor o/ tho controctor'o 01Jlh,1at1011e undor thia co11tuct a11d lh•
Ru9ulAU~:-.:i ,·reldiv,g, t.o. noudbt:rlrv.!untion en ·,Uit? .. ;lrou11tl~ oI raca, colo.i:,. or natior1ol origin.
l11rorl'toltlon 1t1J nr.l!!!!JI: · The.cr,ntractor sh.1111 pro,,ldl' all lnlor,n,111lu" 111J rci,ort, ~r•1ulrl'd lly the 11.egul•tlo,.,, or dlr11,ctlve1
ls11.1ed pursuant thereto', and ,1,all pert111lt •cccu to lu .boolu, rec:unh, 11ccount\, other ,ourc:e\ of lnforl'latlo", a"d It, l•cllltle,
II lftly be deter111lned by the Dep:irt1111mt of lran,porutlon or the rederal lll9hway Ad"dnl\tr•tlo" to be pertlroerot to uceruJ., co"'pll•"ct
with such ReguhtlOf'!S or d\rectl1'u, \#here •"Y lnlorm,Hlon fl'qulreJ of ,11 co,11ractor 1, lro the eitcluslve PO\\l'Ulon of anothl'r
who hlh or refuut lo furnish thl, lnforrnulon, the contrai:tor shill so certify to the Dep1rtml'nl of ,lransportatlon, or the Federal
Highway Ad•lnhtratlon as •ppn,.prlue, at1d ,hall set lorth wh•t efforts It ha, 1111de lo obtain the lt1for111ulon.
Sanctions for lloncC."'{1lhnce1 In the l'Yl'flt of the contractor's nor,Co<"pllance wllh the t1omll,crl111ln11lon pro,,lslon, of thl1 contract
lr.e Uepartn,ent of lr1111porutlot1 1hall l'"1101e ,uch ctmltact u11ctlu111 u It or tl.e federal lllghw.ay Adml11l1tratlon may determln" to
be tipproprht.e, lnc.ludlng, but. no\ 111111 ted to,
,(I) 'wlthholdlng or pay•enU lo the contr•ctor under the contr.act u11tll the contr1ctor co111pllu, and/or
{2) cancell•tlon, ter•lru,tlon or su1p111ulu11 of tl11: cuutract, In whole or in p•rt.
r. lt1corpor:itlon of rroYlslonsi The contractor 1ho1II l11cluJe the pro,,lslon, or p,H~9ravi., "a'' through "I" In every 1ullcon1ract,
Including procurements ol •Uerlals anJ leases of eflulpment, unlciu e11c,npt by the llc•1ulatlon1, or directive\ luued pur\uOlnt
thereto. The contractor shall ul\e such action with respect to a11y subcontract or procurc1nent •• lhe IJepartment or Trani;porutlon
or the Federal lllghw•y Administration 111ay direct as a n1ean1 or enlorclnv such pro,,l,lons lncludln9 sanctlot11·for nonco111pllance1
Providedthowe'ler, that, In lhe nan\• contr•ctor becomes l11volved In, or IJ threatened with, lltl9atlon with a u,bcon1r.actor or
supplier as• r111ult of suc.h direction, tho conractor 111.ay request the Dep.artment ol lran1portallon to enter Into such llti9.atlon to
protect the Interests of the St:ite, and, In •ddltlon, the contractor ,nay rcqucll the United State\ to enter Into 1uch litigation
to protect th• Interests or t.he.Unltad States,
That.when title to the .subject that constitutes the aforesaitl encroachment
pasees from the party. of the second part and vests in the party of Uie third part,
the party''of the third part agrees to usswue ull respu11siul lities n11d rights a"'J
to perform all obligations as ag,·eetl to herein uy the purty of the secoutl part.
IN WITNESS WHEREOF, each o.f the parties to this agrcc111c11t has caused the same
to lie executed in the day anti year first uuovc writte11.
, lJEP/\1\TMEHT OF TR/\IISPORTAT I 011
UY
UlVlSlON ENGINEE!l
WlTNESS:
Seconu Party
WITNESS:
Thiru Party
•
•
• • • UNIT~ STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
JAN J 9 1999
Mr. Jack Butler
North Carolina Division Waste Management
North Caroli,-,a Department of Environmental,
and Natural Resources
P.O. Box 29603
Raleigh, North Carolina 27611
National P1·i0~·ities Lj_st
Proposed Rule #27
Final R.1:.J.e #23
Dear Mr. Butler:
JAN 1 9 1999
SUPERFUND SECTION
The Agency &nn::.unced on J·ani....i.a1.y 19, :!.999, in the Fecl.s_~.:._e:.l•
Register, Proposed Rule ,21 and Final Rule #23 to the Nati~nal
Priorities List (NPL}. This rule pJ:oposes to add 11 site~., to
finalize 17 sites to t~e NPL. Region 4 sites are as follows:
Proposed Rule #27:
1. American Brass, Heacllanc., Alabama
Georgia-Pacific Corporation Hardwood Sa\,rrnill, Ply-mouth.,
No:::-th Carolina.
Final. R"Jle #23:
1. Davis Park Road TCE, Gastoni::i, North Ca:r:olina
Various background and supplementary information pe:rtaining
to the rule is lOcated on the Internet. The ir1.for:-matic,r; ca.n be
accessed from the S"Jperf'cmd homepage unde:::-"What's New" <ind
11 Auxiliary Information,.. If you have any questio!l.s, ple.:j.5e
contact. me at 404/562-8817.
cc: )1;, . ?at De?osa, NCDEtJR
Sincerely,
cj=-:.:~.[l:'~
Region 4, NPL Ccordir1atc~r
Site Asse3sme!l.t P!:'ocess Ov~ner
Internet Address (URL) • http://www.epa.gov
Recycled/Recyclable• Printed wnh Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer)