NCD986187094_20101129_Reasor Chemical Company_FRBCERCLA C_General Correspondence 2003 - 2010-OCR

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!N!CDEMR
North Carolina Department of Environment and Natural Resources
Division of Waier Qualiiy
Beverly Eaves Perdue
Governor
Akzo Nobel Surface Chemistry LLC
Attn: Jerry McMun-ay
485 Cedar Springs Road, Unit A
Salisbury, NC 28147
Coleen i-i. Sullins
Director
November 29. 20 l 0
Ref: Issuance of Injection Permit Wl0300146
Akzo Nobel (former National Starch and Chemical Company) Site
Salisbury, Rowan County, North Carolina.
Dear Mr. McMun-ay:
Dee Freeman
Secretary
In accordance with the application received on March 26. 20 l O and subsequent information received August 5, 2010, we
are forwarding pem1it number WI0300146. This pem1it is to in_iect a molasses and soybean oil emulsion (Newman
Zone) solution to remediate groundwater contaminated with chlorinated ethenes and ethanes at the facility referenced
above. This permit shall be effective from the date of issuance until October 31, 2012, and shall be subject to ·the
conditions and limitations stated therein. including the requirement to submit a final project evaluation as stated in PART
Vil -MONITORING AND REPORTING REQUIREMENTS. Please note·that some of the monitoring requirements
have changed from vour application. Please read the entire permit to ensure that you are aware of all compliance
requirements of the permit.
You will need to notify this office by telephone 48 hours prior to initiation of operation of the facility. In order to
continue uninten-upted legal use of the injection facility for the stated purpose, you must submit an application to renew
the pennit 120 days prior to its expiration date. Please contact me at [phone] or at [e-mail] if you
have any questions about your pennit.
cc: Andrew Pitner, Mooresville Regional Office
Elizabeth Rhine. Project Manager, Arcadis
Dave Mauison. NCDENR DWM Superfund Section
WJ0300146 Permit File
AQUiF::R PROT::CTION s:=::T!ON
1635 Mi:lil Ser1ice Center, Raleigh, Nortil Carolina 27699-i53G
Locarion: 2728 Caoital Bouievard, RaIei9h. Nortn Carolina 2760!,
Phone: [phone] \ FAX 1: 919-715-0588: F~.X ~: 919-715-6048 \ Customc~ Service: 1-877-523-5743
illlemer www.ncwatergualitv.org
P.n Euuoi G.io:;r:unity \ Afilrmaiiv,o Ac11ori Emrilo,e:
Best Regards.
Ont . NorthCarohna
;Vatura!lt/
'l NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH, NORTH CAROLINA
PERMIT FOR THE CONSTRUCTION AND OPERATION OF A WELL FOR INJECTION
In accordance with the provisions of Article 7, Chapter 87; Article 21, Chapter 143, and other
applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
AkzoNobel Surface Chemistry, LLC
FOR THE CONSTRUCTION AND OPERATION OF 4 TYPE 51 INJECTION WELLS, defined in
Title !SA North Carolina Administrative Code 2C .0209(e)(3)(C), to inject a Molasses and a
Soybean Oil Emulsion (Nev-'ffian Zone) solution for the ·enhancement of bioremediation of
chlorinated ethanes and ethenes. These injection points will be located at the AkzoNobel Surface
Chemistry, LLC Site, 485 Cedar Spring Road, Salisbury, Rowan County, North Carolina, and will be
operated in accordance with the application submitted March 26, 2010, and in conformity with the
specifications and supporting data submitted August 5, 2010, all of which are filed with the
Department of Environment and Natural Resources and are considered a part of this permit. '
This permit is for Construction and Operation only, and does not waive any provisions of the Water
Use Act or any other applicable Laws, Rules, or Regulations. Operation and use ofan injection well
shall be in compliance with Title I SA North Carolina Administrative Code 2C .0100 and .0200, and
any other Laws, Rules, and Regulations pertaining to well construction and use.
· This permit shall be effective, unless revoked, from the date of its issuance until October 31, 2012,
and shall be subject to the specified conditions and limitation~ set forth in Parts I through X hereof.
-yh
Permit issued this the,,2_ C, day of ;1/Dil'fml'J~-, 2010 .
.-::o() I "eoleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission.
Permit No. WI0300146
ver.8107 APIUJC-6
PAGE l OF 7
PART I -WELL CONSTRUCTION GENERAL CONDITIONS
I. The Permittee must comply with all conditions of this permit and with the standards and criteria
specified in Criteria and Standards Applicable to Injection Wells (15A NCAC 2C .0200). Any
noncompliance with conditions of this permit constitutes a violation of the North Carolina Well
Construction Act and is grounds for enforcement action as provided for in N.C.G.S. 87-94.
2. This permit shall become voidable unless the facility is constructed in accordance with the
conditions of this pennit, the approved plans and specifications, and other supporting data.
3. This permit is valid only for construction of the number of injection wells described in the
application and other supporting data. Construction of additional injection wells must be
approved in advance by the Aquifer Protection Section.
4. Each injection well shall not hydraulically connect separate aquifers.
5. Each injection well shall be constructed in such a manner that water from land surface cannot
migrate into the gravel pack or well screen.
6. · Each injection well 'shall be secured to reasonably insure against unauthorized access and use.
Each well shall be permanently labeled with a warning that it is for injection purposes and the
entrance to each well must be secured with a locking cap.
7. Each injection well shall be afforded reasonable protection against damage during construction
and use.
8. Each injection well shall have permanently affixed an identification plate.
9. Within 30 days of completion of well construction, a completed Well Construction Record
(Form GW-1) must be submitted for each injection well to:
Aquifer Protection Section-UJC Staff
DENR-Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
PART II -WELL CONSTRUCTION SPECIAL CONDITIONS
At least forty-eight ( 48) hours prior to constructing each injection well, the Permittee shall notify the
Aquifer Protection Section-Underground Injection Control (UIC) Central Office staff, telephone
number [phone] and the Mooresville Regional Office Aquifer Protection Section Staff,
. telephone number [phone].
Pem1it No. WI0300 I 46
ver.8/07 AP/UIC-6
PAGE 2 OF 7
..
,,.
PART III -OPERATION AND USE GENERAL CONDITIONS
1. This permit is effective only with respect to the nature, volume of materials, rate ofinjection, and
number of injection wells as described in the application and other supporting data.
2. This permit is not transferable without prior notice to, and approval by, the Director of the
Division of Water Quality (Director). ln the event there is a desire ·for the facility to change
ownership, or there is a name change of the Pennittee, a formal permit amendment request must
be submitted to the Director, including any supporting materials as may be appropriate, at least
30 days prior to the date of the change.
3. The issuance of this permit shall not relieve the Permittee of the responsibility of complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by other local, state,
and federal agencies which have jurisdiction. Furthermore, the issuance of this permit does not
imply that all regulatory requirements have been met.
PARTIV-PERFORMANCESTANDARDS
1. The injection facility shall be effectively maintained and operated at all times so that there is no
contamination of groundwater which will render it unsatisfactory for normal use. In the event
that the facility fails to perform satisfactorily, including the creation of nuisance conditions or
failure of the injection zone to adequately assimilate the injected fluid, the Permittee shall take
immediate corrective actions including those actions that may be required by the Division of
Water Quality such as the repair, modification, or abandonment of the injection facility.
The Permittee shall be required to comply with the terms and conditions of this permit even if
compliance requires a reduction or elimination of the permitted activity.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface or groundwater resulting from the operation of this facility.
PART V -OPERATION AND MAINTENANCE REQUIREMENTS
1. The injection facility shall be properly maintained and operated at all times.
2. The Permittee must notify the Division and receive prior written approval from the Director of
any planned physical alterations or additions in the permitted facility or activity not specifically
authorized by the permit.
3. At least forty-eight ( 48) hours prior to the initiation of the operation of the facility for injection,
the Permittee must notify by telephone the Aquifer Protection Section-UlC, Central Office staff,
telephone number [phone]. Notification is required so that Division staff can inspect or
otherwise review the injection facility and determine if it is in compliance with permit
conditions.
Permit No. Wl0300146
ver.8/07 AP/UIC-6
PAGE 3 OF 7
PART VI -INSPECTIONS
1. Any duly authorized officer, employee, or representative of the Division of Water Quality may,
upon presentation of credentials, enter and inspect any property, premises, or place on or related
to the injection facility at any reasonable time for the purpose of determining compliance with
this permit, may inspect or copy any records that must be maintained under the terms and
conditions of this permit, and may obtain samples of groundwater, surface water, or injection
fluids.
2. Department representatives shall have reasonable access for purposes ofinspection, observation,
and sampling associated with injection and any related facilities as provided for in N.C.G.S. 87-
90.
3. Provisions shall be made for collecting any necessary and appropriate samples associated with
the injection facility activities.
PART VII -MONITORING AND REPORTING REQUIREMENTS
1. The proposed monitoring plan included in the application shall be followed, with the following
modification. Analysis for total Chromium and Thallium shall be added to the Baseline,
Mid-Pilot, and End-Pilot sampling events. All sample results shall be submitted to the
Aquifer Protection Section's Mooresville Regional Office and the Raleigh Central Office. Any
monitoring (including groundwater, surface water, or soil sampling) deemed necessary by the
Division of Water Quality to insure surface and ground water protection, will be established and
an acceptable sampling reporting schedule shall be followed.
2. The Permittee shall submit an Injection Event Record within 30 days of completing each
injection.
3. The Permittee shall produce a final project evaluation within 9 months after completing all
injection-related activity associated with this permit or produce a project interim evaluation
before submitting a renewal application for this permit. This document shall assess the injection
projects findings in a written summary. The final project evaluation shall also contain
monitoring well sainplin·g data, contaminant plume-maps ·and potentionietric surface inaps.
4. The monitoring results and the final project evaluation shall be submitted to:
and to:
Pem1it No. WI0300146
ver.8/07
Aquifer Protection Section-UIC Staff
DENR-Division of Water Quality
I 636 Mail Service Center
Raleigh, NC 27699-1636
AP/UIC-6
PAGE4OF7
Aquifer Protection Section
DENR-DWQ Mooresville Regional Office
610 East Center Ave. Suite 301
Mooresville, NC 28115
5. The Permittee shall report by telephone, within 48 hours of the occun-ence or first knowledge of
the occun-ence, to the Mooresville Regional Office, telephone number [phone], any of the
following:
(A) Any occun-ence at the injection facility which results m any unusual operating
circumstances;
(B) Any failure due to known or unknown reasons, that renders the facility incapable of
proper injection operations, such as mechanical or electrical failures.
6. Where the Permittee becomes aware of an omission of any relevant facts in a permit application,
or of any incon-ect information submitted in said application or in any report to the Director, the
relevant and con-ect facts or information shall be promptly submitted to the Director by the
Permittee.
7. In the event that the permitted facility fails to perform satisfactorily. the Permittee shall take such
immediate action as may be required by the Director.
PART VIII -PERMIT RENEWAL
In order to continue uninten-upted legal use of the injection facility for the stated purpose, the
Permittee must submit an application to renew the pennit 120 days prior to its expiration date.
PART IX-CHANGE OF WELL STATUS
I. The Pem1ittee shall provide written notification within 15 _days of any change of status of an
injection well. Such a change would include the discontinued use of a well for injection. If a
well is taken completely out of service temporarily, the Permittee must install a sanitary seal. If a
well is not to be used for any purpose that well must be permanently abandoned according to
!SA NCAC 2C .0113, Well Construction Standards.
2. When operations have ceased at the facility and a well will no longer be used for any purpose,
the Permittee shall abandon that injection well in accordance with the procedures specified in
15A NCAC 2C .01 I 3(b), including but not limited to the following:
(A) All casing and screen materials may be removed prior to initiation of abandonment
procedures if such removal will not cause or contribute to contamination of the
h'Toundwaters.
(B) The _entire depth of each well shall be sounded before it is sealed to insure freedom from
Permit No. Wl0300146
ver.8107 AP/UIC-6
PAGE 5 OF 7
obstructions that may interfere with sealing operations.
(C) The well shall be thoroughly disinfected, prior to sealing, if the Director determines that
failure to do so could lead to the contamination of an underb'Tound source of drinking
~rater.
(D) Drilled wells shall be completely filled with cement grout, or bentonite grout which shall
be introduced into the well through a pipe which extends to the bottom of the well and is
raised as the well is filled.
(E) In the case of gravel-packed wells in which the casing and screens have not been
removed, neat-cement or bentoriite grout shall be injected into the well completely filling
it from the bottom of the casing to the top.
(F) In those cases when, as a result of the injection operations, a subsurface cavity has been
created, each well shall be abandoned in such a manner that will prevent the movement
of fluids into or between underb'Tound sources of drinking water and in accordance with
the terms and conditions of the permit.
(G)The Permittee shall submit a Well Abandonment Record (Fonn GW-30) as specified in
I SA NCAC 2C .02 ! 3(h)(l) within 30 days of completion of abandonment.
3. The written documentation required in Part IX (I) and (2) (G) shall be submitted to:
Aquifer Protection Section-UIC Staff
DENR-Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
PART X-WORKER PRECAUTIONS DURING APPLICATION
1. Some effects report~d to be associated with the product proposed to be used are as follows: eye,
skin, nose, throat, lungs and gastrointestinal irritation or bums. If the product is released into the
environment in a way that could result in a suspension of fine solid or liquid particles ( e.g.,
b'Tinding, blending, vigorous shaking or mixing), then proper personal protective equipment
should be used. The application process should be reviewed by an industrial hygienist to ensure
that the most appropriate personal protective equipment is used.
2. Persons working with these products should wear goggles or a face shield, gloves, and protective
clothing. Face and body protection should be used for anticipated splashes or sprays.
3. Eating, drinking, smoking, handling contact lenses, and applying cosmetics should not be
pem1itted in the application area during or immediately following application.
4. Site access should be limited to worker's involved in the injection of the solution. Safety
controls should be in place to ensure that the check valve and the pressure delivery systems are
Pennit No. WI0300146
ver.8/07 AP/UlC-6
PAGE 6 OF 7
-·
working properly.
5. The Material Safety Data Sheets should be followed to prevent incompatible or adverse reactions
and injuries.
Permit No. Wl0300J46
vcr.8/07 AP/UJC-6
PAGE 7 OF 7
A"'P!-'fA
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MCD-EM-R
North Carolina Department of Environment and Natural Resources
Division of Warer Quality Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
July 9, 2010
.'\1111: .Jerry McMumJy
Akzo Nohel Surface Chemistry LLC
48~ Cedar Springs Road. Unit A
Salisbury. NC 28 I 4 7
Ref: Additional Information Request
Injection Well Permir Application No. Wl0300146
AkzoNobel
Rowan County
Dear Mr. McMurray:
Dee Freeman
Secretary
The Aquifer Protecrion Section is currently reviewing the above referenced Permit Application received March 26, 201 0 and has identified an item that needs additional information. Address the following issue as required:
• Please provide a map showing·the extent of the contaminant plume as well as showing the limits of the contaminant plume in cross-section.
If you have any questions regarding this request, please contact me at (919) 715-6 I 68 or email me at [e-mail]1. Thank you in advance for your cooperation and timely response.
Since~, /,2::
:,,P,,· L--/2 ,,
/
,,:l_/(,/tff-..
.JohnMcCr~
Environmental Specialist
Cc: Elizabeth Rhine, Arcadis
Jon Bornholm, USEPA
Carl Utterback, NCDENR, Hazardous Waste Section
Dave Mattison. NCDENR. Superfund Section
Moores~ilte Regional Office '
Permit File Wl0300146
AQUIFER PROTECTION SECTION
1636 Mail Service Center. Raleigh. North Carolina 27699-1636 Location·. 2728 Capi!al Boulevard. Raleigh, Marth Carolina 27604 Phone: [phone] \ FAX 1: 919-715-0588: FAX 2: 919-715-6048 \ Cus1omer_Servlce: 1-877-623-6748 Internet www.ncwaterquality.org
An Equal Opportunity I Afflrmcirive Ac11on Employer
One C . North arolma
Jvaturall!f
March 27, 2009
By Federal Express
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 761 I
Washlngton, DC 20044-7611
601 D Street, NW
Washington, DC 20004
Director, Waste Management Division
United States Environmental Protection Agency, Region N
61 Forsyth Street, SW
Atlanta, GA 30303
Ms. Samantha Urquhart-Foster
· Remedial Project Manager
United States Environmental Protection Agency; Region N
61 Forsyth Street, SW
Atlanta, GA 30303
Ms. Paula V. Painter
United States Environmental Protection Agency, Region IV
Superfund Enforcement and Information Management Branch
Superfund Division
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303
WIIMERHALE
Marguerite Mclamb
+ 1 202 663 6195 It)
+ 1 202 663 6363 (f)
[e-mail]
Re: Reasor Chemical Company Site, Castle Hayne, North Carolina; DOJ Case No. 90-11-3-
08268; EPA Site/Spill ID No. A424; USAO File Number 2006V0649 -Notice of
Payment for Future Response Costs
To all:
On behalf of Jane C. Sullivan, Hilda C. Dill, and Martin Marietta Materials, Inc. (collectively,
the "Settling Defendants"), we are providing notice of payment of$22,823.03 to the United
States for Future Response Costs by wire transfer sent yesterday. This payment is made pursuant
to paragraph 55 of the October 2006 Consent Decree entered into by and among United States
and the Settling Defendants and the bill for future response costs dated February 26, 2009, with
Wilmer Cutler Pickering Hale and Dorr LI..P, 1875 Pennsylvania Avenue NW, Washington, DC 20006
Beijing Berlin Boston Brussels London Los Angeles New York Oxford Palo Alto Waltham Washington
WILMERHALE
Page2
approval for payment by wire instead of check provided by Rhelyn Finch, Esq., of EPA Region
IV and Paula Painter of EPA Region IV. This notice is intended to fulfill the requirements of
paragraph 55(b) of that same Consent Decree. Copies of the wire approval letter and wire
confirmation notice are enclosed. We note that due to field codes discrepancies in your and our
wiring transfer systems, we did not have a "field tag 4200" area to put "D 68010727
Environmental Protection Agency." As you will see on the confirmation notice, the transfer does
reference the site information. Eric Volek of EP A's Cincinnati Finance Center has informed us
that the payment has been received and will be credited to the appropriate account.
We note our previous understanding from Mses. Urquhart-Foster and Bonnie Sawyer, Esq. that
EPA will work with the North Carolina Department of Environment and Natural Resources to
avoid duplication of effort and hence reduce prospective Future Response Costs.
Please feel free to contact us with any questions.
Best regards, ~::.:-~~
Jeffrey J. Davidson
Wilmer Cutler Pickering Hale and Dorr LLP
Counsel for Ms. Dill and Ms. Sullivan
William A. White
Moore & Van Allen, PLLC
Counsel for Martin Marietta Materials, Inc.
Enclosures
cc (by E-mail only): Ms. Hilda Dill
US 1 DOCS 71099 ISv 1
Ms. Jane Sullivan
Mr. Scott Sullivan
Matthew Dill, Esq.
Yvonne Bailey, Esq.
Rhelyn Finch, Esq.
Mr. David Mattison
VIA EMAIL
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 3030.3-8960
Ms. Marguerite E. Mclamb
Wilmer Cutler Pickering Hale and Dorr llP
1875 Pennsylvania Avenue NW
Washington, DC 20006
Subj: Approval to Pay Reasor Chemical Superfund Site Bill for Future Response
Costs dated February 26, 2009, by Wire Transfer.
Dear Ms. Mclamb,
Per your request, you may wire payment for the amount due in the February 26, 2009,
Bill for Future Response Costs in reference to the Reasor Chemical Superfund Site, Castle
Hayne, North Carolina. The February 26, 2009, bill requested payment by check. However,
EPA allows payment by several methods, including wire transfer. The wire payment should be directed to:
Federal Reserve Bank of New York
ABA = 021030004
Account = 68010727
SWIFT address = FRNYUS33
33 Liberty Street
New York, NY 10045
Field Tag 4200 of Fedwire message should read:
"D 68010727 Environmental Protection Agency"
The payment should reference the Reasor Chemical Superfund Site, the Site ID Number
A424 and the DOJ Case Number 90-11-3-08268. A copy of the wire confirmation should also
be sent to Ms. Paula V. Painter at the address provided below:
U.S. Environmental Protection Agency
Region 4
Superfund Enforcement and Information Management Branch
Superfund Division
Sam Nunn Atlanta Federal Center
61 Forsyth St., S.W.
Atlanta, GA 30303
Internet Addreas (URL)• http://www.epa.gov
Recycl•d/R•cyclable • Printed with Vegetable 01 BUid Inks on RetYood Paper (Minimum 30% POQcoosumer)
If you have questions about the payment instructions please call Ms. Painter at
( 404) 562-8887.
cc: Paula Painter
Janice Fowler
Sincerely,
~~
Rhelyn Finch
Assistant Regional Counsel
US EPA, Region 4
Money Manager -GPS: Wire Transfer Page 1 of2
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Credit Account 68010727.
> Debit Info
Debit Account 1107824548
Amount $22,823.03
Value Date 3/26/09
> Reference for Beneficiary
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Reasor Chemical Superfund Site A424
. Case# 90-11-3-08268
USAO File# 2006V0649
WilmerHale
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Date/rime
2009-03-26
16:33:43.859
2009-03-26
16:33:43.874
2009-03-26
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2009-03-26
16:38:42.628
2009-03-26
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2009-03-26
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ADDED jcheung Sent a new wire transfer of $22,82'.
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IMMED_fNPROCESS jdyer Wire will be immediately processe,
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Martin Marietta Materials
2710 Wycliff Road
Raleigh, North Carolina 27607
Telephone [phone]
Fax [phone]
Anne H, Lloyd
Executive Vite President,
• s
Chief Financial Officer and Treasurer
ZI¼
LETTER FROM CHIEF FINANCIAL OFFICER
Regional Administrator
United States Environmental Protection Agency
Region 4
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA30303-3104
II ?
I am the chief financial officer of Martin Marietta Materials, Inc. This letter is in support of this
firm's use of the financial test to demonstrate financial assurance for closure and/or post-closure
costs, as specified in subpart H of 40 CFR parts 264 and 265.
1. This firm is the owner or operator of the following facilities for which financial assurance ·
for closure or post-closure care is demonstrated through the financial test specified in subpart H
of 40 CFR parts 264 and 265. The current closure and/or post-closure cost estimates covered
by the test are shown for each facility:
This firm is not the owner or operator of the following facility; however, this firm is providing
financial assurance as one of the Settling Defendants in accordance with the RA Consent
Decree being filed in the United States District Court for the Eastern District of North
Carolina, Southern Division for response actions to be implemented at the below Site.
Reasor Chemical Company Superfund Site
51 00 North College Road
Castle Hayne, New Hanover County, North Carolina
Closure/post-closure cost estimate: $260,000
2. This firm guarantees, through the guarantee specified in subpart H of 40 CFR parts 264
and 265, the closure or post-closure care of the following facilities owned or operated by the
guaranteed party. The current cost estimates for the.closure or post-closure care so guaranteed
are shown for each facility:
None.
3. In States where EPA is not administering the financial requirements of subpart H of 40
CFR part 264 or 265, this firm, as owner or operator or guarantor, is demonstrating financial
assurance for the closure or post-closure care of the following facilities through the use of a test
equivalent or substantially equivalent to the financial test specified in subpart H of 40 CFR parts
264 and 265. The current closure and/or post-closure cost estimates covered by such a test are
shown for each facility:
None.
4. This firm is the owner or operator of the following hazardous waste management facilities
for which financial assurance for closure or, if a disposal facility, post-closure care, is not
demonstrated either to EPA or a State through the financial test or any other financial assurance
mechanism specified in subpart H of 40 CFR parts 264 and 265 or equivalent or substantially
equivalent State mechanisms. The current closure and/or post-closure cost estimates not
covered by such financial assurance are shown for each facility:
None.
5. This firm is the owner or operator of the following UIC facilities for which financial
assurance for plugging and abandonment is required under part 144. The current closure cost
estimates as required by 40 CFR 144. 62 are shown for each facility:
Well EPAID Address of Well Cost
Name Numbe'r Estimate
S-2 Ml-101-5X16-1950 Eastlake Road, Manistee, Ml $120,000
05
S-6 Ml-101-5X16-1301 Eastlake Road, Manistee, Ml $120,000
04
S-10 Ml-101-5X16-2345 Caberfae Hwy. (M55), Manistee, Ml $120,000
03
S-11 Ml-101-5X16-Corner of Steinberg & Franklin Roads, $120,000
02 Manistee, Ml
S-21 Ml-101-5X16-4700 Linke Road, Manistee, Ml $120,000
01
S-26 Ml-105-5X16-9989 Quarterline Road, Freesoil, Ml $120,000
16
S-34 Ml-105-5X16-2161 Nurnberg Road; Freesoil, Ml $120,000
17
S-35 Ml-105-1I-0002 990 E. HoaQue Road, Freesoil, Ml $120,000
S-36 Ml-105-5X 16-10621 LaSalle Road, Manistee, Ml $120,000
15
S-39 M 1-105-5X 16-11152 Amber Road, Manistee, Ml $120,000
14
Total: $1,200,000
This firm is required to file a Form 1 OK with the Securities and Exchange Commission
(SEC) for the latest fiscal year.
The fiscal year of this firm ends on December 31. The figures for the following items marked
with an asterisk are derived from this firm's independently audited, year-end financial
statements for the latest completed fiscal year, ended December 31, 2009.
ALTERNATIVE I
1. Sum of current closure and post-closure cost estimate [total of all cost estimates shown
in the five paragraphs above]
$1,460,000
*2. Total liabilities [if any portion of the closure or post-closure cost estimates is included in
total liabilities, you may deduct the amount of that portion from this line and add that amount to
lines 3 and 4]
*3. Tangible net worth
*4. Net worth
*5. Current assets
*6. Current liabilities
7. Net working capital [line 5 minus line 6]
*8. The sum of net income plus depreciation, depletion, and amortization
*9. Total assets in U.S. (required only if less than 90% of firm's assets
are located in the U.S.)
10. Is line 3 at least$ 10 million? (Yes/No)
11. ls line 3 at least 6_times line 1? (Yes/No)
12. Is line 7 at least 6 times line 1? (Yes/No)
$1,832,872,000
$782,187,000
$1,406,411,000
$ 856,860,000
$ 373,553,000
$483,307,000
$ 264,850,000 .
N/A
YES
YES
YES
*13. Are at least 90% of firm's assets located in the U.S.? If not, complete line 14
(Yes/No) YES
14. Is line 9 at least 6 times line 1? (Yes/No) N/A
15. Is line 2 divided by line 4 less than 2.0? (Yes/No) YES
16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) YES
17. ls line 5 divided by line 6 greater than 1.5? (Yes/No) YES
ALTERNATIVE II
1. Sum of current closure and post-closure cost estimates [total of all cost estimates shown
in the five paragraphs above]$ ---
2. Current bond rating of most recent issuance of this firm and name of rating service -----
3. Date of issuance of bond ------
4. Date of maturity of bond -----
*5. Tangible net worth [if any portion of the closure and post-closure cost estimates is
included in "total liabilities" on your firm's financial statements, you may add the amount of that
portion to this line]$---
*6. Total assets in U.S. (required only if less than 90% of firm's assets are located in the
U.S.)$ ---
7. Is line 5 at least$ 10 million? (Yes/No) 0----
•
8. Is line 5 at least 6 times line 1? (Yes/No)------
*9. Are at least 90% of firm's assets located in the U.S? If not, complete line 1 O (Yes/No) ---
10. Is line 6 at least 6 times line 1? (Yes/No)----
1 hereby certify that the wording of this letter is identical to the wording specified in 40 CFR
264. 151 (f) as such regulations were constituted on the date shown immediately below.
~ H-ir
Signature ~
Name: Anne H. Lloyd
Title: Executive Vice President, Chief Financial Officer and Treasurer
Date: March 29 2010
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
Mr. Scott Sullivan
JH Land, LLC
P.O. Box 3649
Wilmington, NC 28406
September 22, 2008
SUBJECT: Response regarding Lagoon Restoration Inspection Report, July 23, 2008
Reasor Chemical Co. Site
Castle Hayne, New Hanover County, North Carolina
Dear Mr. Sullivan:
Thank you for transmitting the first annual Lagoon Restoration Inspection Report for the Reasor
Chemical Co. Site, on July 23, 2008. Also thanks to you and Matthew Dill for meeting me at the
Site on June 24, 2008, for my inspection of the property. My observations during that visit were
consistent with the information provided in your report. It appears as though natural revegation
is beginning at the Site. I look forward to watching it progress over the next few years.
If you have any questions, please contact me at [phone] or via email at
[e-mail].
cc (via e-mail only):
David Mattison, NCDENR
Hilda C. Dill
Jane C. Sullivan
Jeffrey J. Davidson, Esq.
Marguerite McLamb, Esq.
Yvonne C. Bailey, Esq.
William A. White, Esq.
Jeff Titus, P.G.
Samantha Urquhart-Foster
Remedial Project Manager
Superfund Remedial and Site Evaluation Branch
Internal Addross (UAL) • http:/lwww.epa.gov
Rocyclod/Rocyclable • Pr1n1od wrth Vagolahle OB Based Inks on Recycled Paper (Minimum 30% Poslconsumor)
• •
JH LAND, LLC
Post Office Box 3649 • Wilmington, NC 28406
[phone] • Fax [phone]
July 23, 2008
Ms. Samantha Urquhart-Foster
United States Environmental Protection Agency
61 Forsyth Avenue SW
· Atlanta, Georgia 30303
Re: Lagoon Restoration Inspection Report, Reasor Chemical Site
NCD986187094; EPA Site/Spill ID No. A424
Castle Hayne, New Hanover County, North Carolina
. Dear Ms. Urquhart-Foster:
I am providing this Lagoon Restoration Inspection Report to the United States
Environmental Protection Agency (USEPA) for the Reasor Chemical Site located at 5100
·. North College Road in Castle Hayne, North Carolina (Site). The purpose of this
. · correspondence is to document lagoon inspection activities performed in accordance with
. .Section 7 (Operation and Maintenance Activities) of the Interim Remedial Action and •
. Final Remediation Report (June 2008). ·
• A lagoon restoration inspection and site reconnaissance was completed by Scott C.
Sullivan and Matthew T. Dill on July 17, 2008. A Wetland Revegetation Inspection
Form, which was used to describe the appearance ofremediated lagoon areas with regard
to bank integrity, erosion control, revegetation, and presence of wildlife, was completed
as part of the site reconnaissance. The completed inspection form is presented as
Attachment 1.
Photographs were collected during the site reconnaissance as part of the inspection.
These photographs of the Lagoon 1 through 4 areas provide visual evidence of site
revegetation, presence of wildlife, and bank erosion. The photographs are included as
· Attachment 2 to this report.
The following deficiencies were noted during the inspection:
• None.
The following corrective actions were taken to address the above deficiencies
• None.
•
Ms. Samantha Urquhart-Foster
. United States Environmental Protection Agency
July 23, 2008
Page Two
•
. If you have questions regarding the information presented in this correspondence, please
· contact the undersigned at [phone]. ·
Sincerely,
:LANDALC ttt jJt;
'scott C. Sullivan, Manager
: Attachments:
Attachment 1-Wetland Revegetation Inspection Form
Attachment 2° Site Inspection Photographs
· cc: . David Mattison, NCDENR DWM
Bonnie Sawyer, Esq.
Jane C. Sullivan
Hilda C. Dill
Yvonne Bailey, Esq.
William White, Esq.
Jeffrey Davidson, Esq.
Marguerite McLamb, Esq.
Jeffrey Titus, P.G.
ATTACHMENT l
Wetland Restoration Inspection Form .
Reasor Chemical Site -Castle Hayne, North Carolina
Yes
No (explain In No
notes) noms
GJ □GJ □GJ.□
Ye, No Yes No Yes ' No
Yes Yes
No ( explaln in No (explain in No.
notes) note,
Yes No Yes Yes No
GJ □GJ □GJ □
Yes No Yes No Yes No
0 □0 □0 □ Yes
No
Yes
(explaln In
notes
No ( explain In No
n01eS
• -Item to be completed by site Inspector. µ_.
• lnspecto(s Signature r bf ( .
-Right Center
-Minimal Erosion
1/2 -Minimal in Center
3 -Minimal in Center
4 -Minimal in Center/Front
1/2 -Full
3 -Full
4 -3/4
1/2 -Trees,
3 -Trees,
4 -Trees,
grass, etc.
grass, etc.
grass, etc.
1/2 -Tadpoles and Deer
3 -Frog, Tadpoles and Deer
4 -Deer
Date
N/A •
N/A
N/A
N/A
N/A •
N/A
Lagoon 1/2 Area
Photo I
Photo 3
• •
Attachment 2-Site Inspection Photographs
Reasor Chemical Site
Castle Hayne, New Hanover County, North Carolina
Photo 2
Photo 4
Lagoon 3 Area
Photo 1
Photo 3
• •
Attachment 2-Site Inspection Photographs
Reasor Chemical Site
Castle Hayne, New Hanover County, North Carolina
Photo 2
. Lagoon 4 Area
Photo I
Photo 3
• •
Attachment 2-Site Inspection Photographs
Reasor Chemical Site
Castle Hayne, New Hanover County, North Carolina
Photo 2
• •
Attachment 7-Site Inspection Photographs
Reasor Chemical Site
Castle Hayne, New Hanover County, North Carolina
Vegetation, Wildlife, and/or Deficiencies
Fl~~~~ -1'
'li''d'lt! I ~•n H~-~)l ,, "~ ~~~[i;~ ,:, :tt..'1..~~t!ih'GIZ
Deer Track
0
Tadpoles
•
May 8, 2008
By Federal Express
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, DC 20044-7611
601 D Street, NW
Washington, DC 20004
Director, Waste Management Division
United States Environmental Protection Agency, Region IV
61 Forsyth Street, SW
Atlanta, GA 30303
Ms. Samantha Urquhart-Foster
Remedial Project Manager
United States Environmental Protection Agency, Region IV
61 Forsyth Street, SW
Atlanta, GA 30303
Ms. Paula V. Painter
United States Environmental Protection Agency, Region IV
Superfund Enforc.ement and Information Management Branch
Superfund Division
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303
•
WILMERHALE
Marguerite Mclamb
tl 202 663 6195 (1)
t 1 202 663 6363 (I)
[e-mail]
Re: Reasor Chemical Company Site, Castle Hayne, North Carolina; DOJ Case No.90-11-3-
08268; EPA Site/Spill ID No. A424 -Notice of Payment for Future Response Costs
To all:
On behalf of Jane C. Sullivan, Hilda C. Dill, and Martin Marietta Materials, Inc. (collectively,
the "Settling Defendants"), we are providing notice of payment of$50,638.3 l to the United
States for Future Response Costs by check sent by Federal Express today. This payment is made
pursuant to paragraph 55 of the October 2006 Consent Decree entered into by and among United
States and the Settling Defendants and the bill for future response costs dated April 3, 2008.
This notice is intended to fulfill the requirements of paragraph 55(b) of that same Consent
Wilmer Curler Pickering Hale and Dorr LLP, I 875 Pennsylvania Avenue NW, Washington, DC 20006
Beijing Berlin Bos1on Brussels London Los Angeles New York Oxford Palo Alto Waltham Washington
• •
WILMER.HALE
Page 2
Decree, as discussed with and approved by Bonnie Sawyer, Esq., of EPA. Pursuant to the
request in the bill, a copy o_fthe check is enclosed.
Ms. Sawyer has approved overnight delivery of the payment check to the following address:
U.S. Bank
Government Lockbox 979076
US EPA Superfund Payments
1005 Convention Plaza
SL-MO-C2-GL
St. Louis, MO 6310 I
We note our understanding from Mses. Urquhart-Foster and Sawyer that(!) EPA expects
prospective Future Response Costs to decrease as most work with the above-named_ Site has
concluded and (2) EPA will work with the North Carolina Department of Environment and
Natural Resources to avoid duplication of effort and hence reduce prospective Future Response
Costs.
Please feel free to contact us with any questions.
Best regards,
1V\#~k 'i. 1Vi.,fr'
Marguerite E. McLamb
Jeffrey J. Davidson
Wilmer Cutler Pickering Hale and Dorr LLP
Counsel for Ms. Dill and Ms. Sullivan
William A. White
Moore & Van Allen, PLLC
Counsel for Martin Marietta Materials, Inc.
enclosure
cc (by E-mail only): Ms. Hilda Dill
US I DOCS 6660032vl
Ms. Jane Sullivan
Mr. Scott Sullivan
Matthew Dill, Esq.
Yvorme Bailey, Esq.
Bonnie Sawyer, Esq.
Mr. David Mattison
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SL-MO-C2-GL
St. Louis, MO 63101
•
WILMER.HALE
Marguerite Mclamb
-1-12026636\95(0
... , 202 663 6363 (f)
margue1i1e.mclamb0wilmerhale.com
Re: Reasor Chemical Superfund Site, Castle Hayne, North Carolina: DOJ Case No. 90-11-3-
. 08268: EPA Site/Spill ID No. A424: USAO File Number 2006V0649 Payment for
Future Response Costs
To Whom It May Concern:
Enclosed please find a check for $50,638.31 for Future Response Costs made payable to "EPA
Hazardous Substances Superfund" and provided on behalf of Jane C. Sullivan, Hilda C. Dill, and
Martin Marietta Materials, Inc. ( collectively, the "Settling Defendants"). This payment is made
pursuant to paragraph 55 of the October 2006 Consent Decree entered into by and among United
States and the Settling Defendants and the bill for future response costs dated April 3, 2008.
Address infonnation for the Settling Defendants is as follows: Martin Marietta Materials, Inc.,
2710 WycliffRoad, Raleigh, NC, 27607; and Jane Sullivan and Hilda Dill, 1201 Glen Meade
Road, Wilmington, NC, 2840 I.
Please feel free to contact us with any questions.
Best regards, 11Jlvrk f. Wbr-
Marguerite E. McLamb
enclosure
cc (by E-mail only): Ms. Hilda Dill
Ms. Jane Sullivan
Mr. Scott Sullivan
Matthew Dill, Esq.
Yvonne Bailey, Esq.
William A. White, Esq.
Bonnie Sawyer, Esq.
Wilmer Curler Pickering Hale and Dorr LU', I 875 Pennsylvania Avenue NW, Washingron, DC 20006
Beijing Berlin Boston Brussels London Los Af'lgeles New York Oxford Peto Alto Waltham washing1on
Page 2
•
Ms. Samantha Urquhart-Foster
Ms. Paula V. Painter
Mr. David Mattison
Jeffrey J. Davidson, Esq.
•
WILMERHALE
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• •
United States Department of the Interi
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, Nonh Carolina 276!1>3726
July 27, 2007
Ms. Samantha Urquhart-Foster, Remedial Project Manager
North Superfund Remedial Branch
Waste Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
6 I Forsyth Street
Atlanta, Georgia 30303-8960
Dear Ms. Urquhart-Foster:
Thank you for your July 26, 2007 cal1 regarding U.S. Fish and Wildlife Service (Service) concerns related
to the inadequacy of planning and implementation ofa wetland habitat restoration intended to mitigate for
cleanup-related impacts to wetland functions and values in four ponds at the Reasor Chemical Company
Site in Castle Hayne, North Carolina. The Service has maintained for nearly four years that wetland
restoration should be a necessary component of remedial activities at the site. Despite the apparent
wil1ingness of the potential1y responsible parties (PRPs) to complete onsite restoration, little attention has
been given to developing a wetland restoration plan that outlines intended future conditions, a strategy for
achieving the desired outcome based on site-specific conditions, and an approach for measuring
performance over time. We have reviewed the July 24, 2007 lcrtcr from PRP representatives to the U.S.
Environmental Protection Agency (USEPA). which you provided us yesterday, questioning the authority
of Service recommendations for mitigation of remedy implementation-related impacts to the onsite ponds.
To clarify the basis and authority for the Service's longstanding concern regarding impacts to wetland
functions and values at this site, the following summarizes 1) US EPA guidance that specifical1y addresses
the recent concern raised by the PRPs (that wetland mitigation is not needed for non-jurisdictional
wetlands of man-made origin), and 2) the Service's role in ecological assessments at hazardous waste
sites.
USEPA's guidance, Considering Wetlands at CERCLA Sites (USEPA 1994), identifies created lagoons as
providing wetland functions and values warranting consideration (see pg. 2, "Wetlands found at
Superfund sites may occur naturaily or as a result of human influence, such as created lagoons or
depressions on top of landfills that have wetland characteristics"). Further, pg. 8 of that document
indicates that "Actions beyond those compelled by §404 as an ARAR may be necessary to ensure that the
remedy is protective. In addition, note that authorities other than CERCLA may be used to compel a
responsible party to take action or restore damaged resources. These include Section 10 of the Rivers and
Harbors Act of 1899 (administered by the COE) and the Fish and Wildlife Coordination Act
(administered by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service) ... ". In
short, areas providing wetland functions and values where there are unavoidable impacts during the
cleanup, regardless of whether or not it is deemed jurisdictional under Section 404 applicable or relevant
and appropriate requirements, should be compensated for via wetland restoration or mitigation.
Regarding the Service's role and authority at hazardous waste sites, the above notes our Fish and Wildlife
Coordination Act authority; however, additional roles and associated authority exist. Service
--' • •
Contaminant Speciulists typically provide technical assistance w USEPA during the remedial and cleanup
processes (as we have been doing at the Reasor Chemical Site since the late 1990s): however. if the
cleanup does not sufficiently protect natural resources or allow adequate restoration of injured resources.
the Service may initiate a natural resource damage assessment (NRDAJ. These two separate roles arc
more fully described in the attached EPA Eco Updates, The Role ofBTACs in Ecological Assessment
(USEPA 1991) and The Role o.fNaruralResource Trustees in the Supe>fund Process (USEPA 19nJ.
EPA's Considering Wetlands at CERCIA Sites also highlights this role: "Trustees may agree to a
Covenant-Not-to-Sue where the PRPs agree to undertake ' ... appropriate actions necessary to protect and
restore the natural resources damaged ... · by the release. At most sites. it is more efficient and cost
effective for the PRPs to conduct restoration or other actions in concert with the response action. PRPs
may also be interested in resolving all of their CERCLA liabilities in a single consent decree. Early
involvement of Trustees is important to minimize delays in the clean-up process." (pgs 12-23). At this
time, the Service have not initiated a NRDA at the Reasor Chemical site; our wetland restoration
recommendation was a technical one aimed at assuring that the cleanup adequately mitigates for impacts
to onsite habitats and species under the Department of lnterior's (DOI, of which the Service is a technical
representative) trusteeship.
For nearly seven years, we have noted the natural resources present at the site, and we've advanced
recommendations for their mitigation during the remedy since 2003. The PRP letter asserts that "the
ponds at the site have no natural resources that are subject to assessment under the trusteeship of the
DOI". That migratory birds under DOl's trusteeship use the Reasor Chemical Site and can he adversely
affected by the remedy is not in question. Migratory birds (as defined in 50 CFR Part 10. Revised List of
Migratory Birds. Final Rule). including belted kingfisher (Cerv/e alcyon), northern flicker (Colapws
auratus), downy woodpecker (Pico ides puhescens), great crested flycatcher (Myiarchus crinitus). crow
(Corvus sp.). turkey vulture (Catharies aura), red shouldered hawk (Bureo lineatus). and Carolina
chickadee (Poecile carolinensis), have been documented at the site and in areas immediately adjacent to
the ponds by Service biologists as well USEPA Science and Ecosystem Support Division staff and
USEPA lntegrated Laboratory Systems contractors. Impacts to migratory birds under DOl's trusteeship
resulting from cleanup activities (e.g., loss of habitat due to excavation, etc.) are appropriate to address as
part of the remedy. lf these impacts are not mitigated for in the remedy. DOI may assess these injuries (as
well as past injuries associated with site contamination) in a NRDA to secure the needed resource
compensation.
We hope this information will be useful to you in clarifying the hasis of the Service's recommendation to
the PRP. As we discussed yesterday, we are also willing to participate in a call between all parties at your
earliest convenience regarding our concerns with the wetland restoration. A DOI solicitor is also willing
to answer any questions you or the PRPs may have and provide additional details regarding the Service· s
roles and authorities summarized above. If you have any questions or comments, please contact Sara
Ward of my staff at 919/856-4510, (Ext. 30) or [e-mail].
Sincerely,
~Bt~i~
Field Supervisor
References
U.S. Environmental Protection Agency. 1991. ECO Update: The Role of BT A Gs in Ecological
Assessment. Office of Emergency and Remedial Response, Hazardous Site Evaluation Division.
2
./ • •
Intermittent Bulletin. Vol. I. No. I. Publication 9345.0-051. Available
http:/iwww.cpa.gov/oswcr/riskasscssment/ccoup/pdf/v I no l.pdf. Accessed: July 27. 2007.
U.S. Environmental Protection Agency. 1992. ECO Update: The Role of Natural Resource Trustees in
the Superfund Process. Office of Emergency and Remedial Response, Hazardous Site Evaluation
Division. Intermittent Bulletin. Vol. I, No. 3. Publication 9345.0-051. Available
http://www.epa.gov/superfund/programs/nrd/ecoupdat.pdf. Accessed: July 27, 2007.
U.S. Environmental Protection Agency. 1994. Considering Wetlands at CERCLA Sites. Office of Solid
Waste and Emergency Response. Office of Emergency and Remedial Response. EPA540/R-94/0I 9.
Available www .epa.gov/superfund/resources/remedy/pdf/540r-94019-s.pdf. Accessed: November
16.2006.
cc: Mr. Greg Hogue, REO, DOI/OEPC, Atlanta. GA
Ms. Harriet Deal. DOI. Office of Regional Solicitor. Atlanta. GA
Dr. Bill Starke!, FWS. AES/HC. Atlanta, GA
Dr. Diane Beeman, FWS, AES/HC, Atlanta, GA
Mr. Don Rigger. USEPA, Superfund Remediation and Site Evaluation Branch, Atlanta. GA
Ms. Bonnie Sawyer, USEPA, Associate Regional Counsel. Atlanta, GA
Acting Chief, USEPAIETAG. Atlanta, GA
NCDSWM-Superfund Section. Raleigh, NC
3
•
July 24, 2007
By E-Mail and by Federal Express
Ms. Bonnie Sawyer, Esq.
U.S. Environmental Protection Agency
Region IV
6 I Forsyth St. SW
Atlanta, GA 30303-8960
•
WILMERHALE
Jeffrey J. Davidson
+-1 202 663 6037 (1}
+-t 202 663 6363 (f)
jeffrey.davidson@wilmerha!e.com
Re: Reasor Chemical Company Site, Castle Hayne, North Carolina: DOJ Case No. 90-11-3-
08268; EPA Site/Spill ID No. A424 -Habitat Verification Plan
Dear Bonnie:
On behalf of Jane C. Sullivan, Hilda C. Dill, and Martin Marietta Materials, Inc. (collectively,
the "Settling Defendants"), we are addressing comments from Ms. Sara Ward of the U.S. Fish
and Wildlife Service ("USFWS") in her e-mail dated June 26, 2007. As you are aware,
remediation activity at the above-named site has been conducted pursuant to the October 2006
Consent Decree entered into by and between the United States and the Settling Defendants (the
"Consent Decree"). In her e-mail, Ms. Ward expressed her desire that wetlands restoration be
undertaken in remediation of Ponds 1-4 at the site. The Settling Defendants respectfully must
decline this request because(]) the Settling Defendants have met the obligations of the Consent
Decree and its associated documents, all approved by EPA, for the remediation construction; (2)
the ponds are man-made lagoons, not wetlands; and (3) no damages to natural resources have
occurred on the site that are subject to assessment.
First, the Settling Defendants already have met their obligations under the Consent Decree with
respect to the remediation. The Settling Defendants conducted the remediation pursuant to the
Consent Decree and its associated Statement of Work and Remedial Action Work Plan, all
approved by EPA. As such, additional requests not included in documents approved by EPA are
not warranted or appropriate. Outside and beyond their obligations strictly under the Consent
Decree, the Settling Defendants already have addressed USFWS' concerns regarding habitat
restoration generally-though these concerns were raised to the Settling Defendants more than
five months after the Consent Decree and Statement of Work were executed. To address
USFWS' concerns, the Settling Defendants agreed to adopt certain baseline conditions and
monitor regrowth of natural vegetation as part of the Remedial Action Work Plan.
Second, USFWS' request for wetlands restoration of the ponds is unwarranted by the very nature
of the request, for the ponds are not wetlands. Rather, the ponds are man-made lagoons. Each
pond has a clay liner approximately 12 inches deep. The U.S. Army Corps of Engineers
inspected the site in 2003 and determined that the ponds are not jurisdictional wetlands.
Wetlands restoration for these man-made impoundments is neither appropriate nor necessary.
Wilmer Cutler Pickering Hale and Dorr LLr, 1875 Pennsylvania Avenue NW, Washington, DC 20006
Baltimore Beijing Berlin Boston Brussels London Munich New York Northorn Virginia Oxford Palo Alto Waltham Washington
• •
WILMERI-IALE
Page2
Third, the ponds at the site have no natural resources that are subject to assessment under the
trusteeship of the U.S. Department ofinterior ("DOI"), as USFWS asserts. The ponds are not
managed or controlled by the DOI and have no resources that are managed or controlled by the
DOI, as required for trusteeship by the Secretary of the Interior. See Comprehensive
Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607(f);
40 C.F.R. § 300.600. The ponds exist on privately held land, and to the Settling Defendants'
knowledge, no migratory birds, anadromous fish, or endangered species are present at the ponds,
or ever have been alleged to be present at the ponds. See 40 C.F.R. § 300.600(b )(2). Nor are the
ponds "federally managed water resources" subject to such trusteeship. See id.
Jurisdictional issues aside, no "injury" to resources within the DOI's trusteeship has occurred
from the ponds; no releases to public resources such as groundwater have occurred from the
ponds. See 40 C.F.R. § l l.14(v), (z). As the ponds are not within the trusteeship of the DOI,
have no resources that are within such trusteeship, and have not impacted resources subject to
such trusteeship, we do not understand USFWS' implication that a natural resource damages
assessment may be pursued.
In sum, the Settling Defendants respectfully must decline the request of USFWS. Such wetlands
restoration is not required by the Consent Decree, is irrelevant for land deemed not to be
wetlands, and is not legally justified where no trustee authority applicable to the land in question
exists. Restoration of these surface impoundments has been addressed by the Consent Decree
and its associated documents and has been implemented to meet those documents' requirements,
with ongoing monitoring pursuant to those documents. No work beyond those requirements is
environmentally or legally justified.
Please contact us with any questions or comments.
son
cLamb
ickering Hale and Dorr LLP
s. Dill and Ms. Sullivan
William A. White
Moore & Van Allen, PLLC
Counsel for Martin Marietta Materials, Inc.
cc: Ms. Hilda Dill
Ms. Jane Sullivan
Yvonne Bailey, Esq.
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW
ATLANTA, GEORGIA 30303-8960
November 7, 2006
Mr. Jeffrey J. Davidson
Wilmer Cutler Pickering Hale and Dorr LLP
1875 Pennsylvania Ave. NW
Washington, DC 20006
SUBJECT: Project Coordinator Information
Reasor Chemical Company Site, Castle Hayne, North Carolina
Dear Mr. Davidson:
I have received your letter dated November I, 2006 which included designations of Project
Coordinator and Alternate Project Coordinators, pursuant to paragraph 42 of the Consent Decree.
I look forward to working with Mr. Reilly, Mr. Direnzo and Mr. Titus, of Apex Companies, LLC
on this project.
For future reference, please copy the state representative, Mr. David Mattison, on
correspondence related to this Site. His contact information is included under paragraph I 05 of
the Consent Decree. If you have any questions, feel free to contact me at either [phone]
or [e-mail].
cc (by e-mail only): Bonnie Sawyer
David Mattison
William A. White
Hilda Dill
Jane Sullivan
Scott Sullivan
Matthew Dill, Esq.
Yvonne Bailey, Esq.
Sincerely,
Samantha Urquhart-Foster
Remedial Project Manager
Superfund Remedial and Site Evaluation Branch
Superfund Division
. ,.
FW: Fw: Reasor --Settlement Tem1Sheet--Confidentia!Compromise ... • • Subject: FW: Fw: Reasor --Settlement TermSheet--ConfidentialCompromise/Negotiation Materials
From: "Finlator, Wallace" <[e-mail]>
Date: Wed, 19 Jul 2006 14:59:20 -0400
To: "Dave Mattison" <[e-mail]>
Dave,
Please make a copy of this e-mail train and place in the state file.
Thanks.
Wallace
-----Original Message-----
From: [e-mail]
[mailto:[e-mail]
Sent, Wednesday, July 19, 2006 2,16 PM
To: [e-mail]
Cc: Dave Mattison; Finlator, Wallace
Subject: RE: Fw: Reasor --Settlement
TermSheet--ConfidentialCompromise/Negotiation Materials
You are correct. NC DENR performs some Five-Year Reviews for EPA, but
they are funded by EPA.
Bonnie
Sawyer/R4/USEPA/ us
07/19/2006 02,00
PM
"Finlator, Wallace 11
<[e-mail]>
Dave Mattison
<[e-mail]>
Samantha
Urquhart-Foster/R4/USEPA/US@EPA
To
cc
Subject
RE: Fw: Reasor --Settlement Term
Sheet--ConfidentialCompromise/Neg
otiation Materials(Document link:
Samantha Urquhart-Foster)
Well, during the RA, EPA or the State will need to provide oversight of
the PRPs cleanup efforts. But the PRPs are supposed to reimburse for
this. With regard to O&M, this should not be much of a factor. The
contamination will be cleaned up with the possible exception of the
groundwater. The groundwater may merit future 5-year reviews, but it's
my understanding that EPA, not the State, would deal with these reviews.
Correct me if I'm wrong Samantha.
Bonnie Sawyer
Associate Regional Counsel
USEPA -Region 4
404-562-9539
I of 3 7/19/2006 3:03 PM
FW: Fw: Reasor --Settlement TermSheet,nfidentialCompromise ... •
2 of 3
11 Finlator,
Wallace 11
<Wfinlat@ncdoj.g
OV>
07/19/2006 01,47
PM
Bonnie and Dave,
Bonnie Sawyer/R4/USEPA/US@EPA,
Dave Mattison
<[e-mail]>
To
cc
Samantha
Urquhart-Foster/R4/USEPA/US@EPA
Subject
RE: Fw: Reasor --Settlement Term
Sheet--ConfidentialComprornise/Neg
otiation Materials
I penciled 2:30 tomorrow in my Day Minder. If Bonnie will call me at
that time, I can link in Dave for a three-way. Dave, what will your
tel. no. be?
Bonnie, refresh my recollection please. Is it certain that the State
will have no future costs regarding this site? Dave, my recollection is
that State has no past costs at this site. Please confirm that this is
so. Thank you.
Wallace
-----Original Message-----
From: [e-mail]
[mailto:[e-mail]]
Sent, Wednesday, July 19, 2006 1,35 PM
To: Dave Mattison
Cc: [e-mail]; Finlator, Wallace
Subject: Re: Fw: Reasor --Settlement Term
Sheet--ConfidentialCompromise/Negotiation Materials
How about 2:30 tomorrow? We can call you.
Bonnie Sawyer
Associate Regional Counsel
USEPA -Region 4
404-562-9539
Dave Mattison
<david.mattison@
ncmail.net>
07/19/2006 08il5
AM
To
Bonnie Sawyer/R4/USEPA/US@EPA
cc
1'Finlator, Wallace''
<[e-mail]>, Samantha
Urquhart-Foster/R4/USEPA/US@EPA
7/19/2006 3:03 PM
FW: Fw: Reasor --Settlement TermSheet--ConfidentialCompromise ... • •
3 of 3
[e-mail] wrote:
Subject
Re: Fw: Reasor --Settlement Term
Sheet
--ConfidentialCompromise/Negotiat
ion Materials
Wallace and David -Are you available either this Thursday or Friday to
discuss deed restrictions for groundwater at this Site (and any other
issues you may have)? Any time but between 10-11 on Friday works for
us. Let us know. I don 1 t think it should take long.
Bonnie Sawyer
Associate Regional Counsel
USEPA -Region 4
404-562-9539
I am available all day Friday and Thurs except for 10-2.
Please keep me posted.
Dave
7 /1912006 3 :03 PM
• • UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
4WD-SRSEB
Dexter Matthews, Director
Division of Waste Management
NCDENR
401 Oberlin Road, Suite 150
Raleigh, NC 27605
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
AUG 1 9 2005
Subject: Notification of Intention to Issue Unilateral Administrative Order
Reasor Chemical Company Superfund Site
Castle Hayne, New Hanover County, North Carolina
Dear Mr. Matthews:
The United States Environmental Protection Agency (EPA) has documented the.release
or threatened release of hazardous substances, pollutants or contaminants at the Reasor Chemical
Company Superfund Site (the Site)_ Section l06(a) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), as amended by the Superfund
Amendments and Reauthorization Act of 1986 (SARA), requires EPA to notify the State of
anticipated issuance of orders necessary to protect public health and welfare .and the
environment. This letter represents that notification. EPA intends to issue a Unilateral
Administrative Order to potentially responsible parties for the performance of the Remedial
Action at the Site.
If you have any questions, feel free to contact Samantha Urquhart-Foster, the Remedial
Project Manager for the Site, at [phone] or Bonnie Sawyer, our attorney, at (404) 562-
9539. Thank you for your cooperation and support.
cc: David Mattison, NC DENR
lntemet Address (URL)• http://www.epa.gov
Recycled/Rocvclablll • Pnnted with Vegolable Oil Based Inks on Recycled Paper {Minimum 30% Poslconsumer)
I
TRIP NOT/FICA TION AND AUTHORIZATION FORM
Program:
□ CERCLA Site Assessment □ Brownlie Ids
D State □ MGP
□ Nl'L/DOD □ Dry Cleaners
Site Name: Reasor Chemical Co.
ID Number: NCO 986 187 094
Street Address: 5100 North College Road
City: Castle Hayne
County: New Hanover Co.
Date(s) of Trip Trip Canceled: Trip Rescheduled (Date):
03/24/03-06/30/03
Reason For Trip: Sampling oversight
D Surface Soil
D Subsurface Soil
(if sampling, check appropriate boxes below)
D Groundwater (hailers)
D Using Augers/Shovels to collect soil
D Using Little Beuvcr to collect soil
D Groundwater (from tap)
Project Team Leader
J. Stanley
Authorized By:
D Groundwater (pumps)
D Surface Water
D Sediment
Assistant Assistant
Office.Use Only.,,/.
County Health Department Official Corffact: f;:::;;;;~::i;_ Title:
Phone Number: ( ~) .? y :l -Uc7
Health Department Official Conta~ted: Back Up Letter Required?:
Assistant
Yes -'D ,,,,, -tla e.✓ t/4; ,H,t/ ··
·· Ila, <,1,>,/ ( --Z _,( -J -o~ ( tJ LJ L) Notes: ,A;;/,/ _) /Ji<_ -
No ✓ -
,.
I
-
Dl.lslb(J'RJ P _ NOT_ A UT! I. FRM) Revised: n //22/01