NCD986232379_20070521_Greshams Lake Industrial Park_FRBCERCLA C_Correspondence file No 5, 2000 - 2007-OCR

)
@EarthTech
A "fqco International Ltd. Company
r,!ay 21, 2007
N0rth Cirolina Department of Environment and
Natura! Resources
Division of Waste Management
Federal Remediation Branch
401 Oberlin Raod, Suite 150
Raleigh, NC 27605
Attention: Mr. David M:<tison
Reference: Gresham's Lake Industrial Park Site
Dear Mr. Mattison:
701 Corporate Center Drive P 919.854.6200
Suite 475 F 919.854.6259
Raleigh, NC 27607 www.earthtech.com
I had spoken with Mr. Gene Mills of Rea Contracting, LLC, and with his permission I am
enclosing a copy of Groundwater Sampling Report, Earth Tech, dated October 19, 2005.
The letter report describes the results of groundwater sampling conducted on Rea
Contracting property, Gresham's Lake Road in Raleigh, North Carolina in September
2005. The results indicate that all compounds of concern detected in groundwater are
below the standards contained in l 5A NCAC 2L.
I hope that the enclosed data will assist you in closing our the Gresham's Site Industrial
Park Site. If you have any questions, please contact me at 9 l 9-854-6239 or Mr. Gene
Mills at 704-395-3220.
Very truly yours,
Earth Tech of North Carolina
~""~i.J
cc: Mr. Gene Mills, Rea Contracting
• • TRIP NOT/FICA TION AND A UTHORIZA UON FORM
Program:
I CERCL.A Site Assessment
jx State
LNPUDOD
Number:
treet Address:
ity:
ounty:
Gresham's Lake Industrial Park
NCD986232379
Raleigh
Wake
Brownfields
MGP
Dry Cleaners
Date(s) of Trip
12/10/0 I -2/10/02
Trip Canceled: Trip Rescheduled (Date):
Reason For Trip: Oversight of Remedial Investigation Activities
(if sampling, check appropriate boxes below)
x Surface Soil
x Subsurface Soil
x Using Augers/Shovels to collect soil
x Using Little Beaver to collect soil
_x_ Groundwater (from tap)
Proiect Team Leader Assistant
David Mattison Doug Rumford
Authorized By:
xx Groundwater (hailers)
_,_Groundwater (pumps)
x Surface Water
x Sediment
Assistant Assistant
Industrial Hygienist Signature ;f} ( //,::> ,1;/ f/410-~
·. · . Office Use Only
;, 9~,n~~~al/h J?epa~meIJJ 9(ficial ,Con'tact:, .11/ /J
· : · · Title:
hone Number: j ) __ _
. e;ilth bepartmentcOfficial Contacted: '. ., Back Up Letter Required?: Yes
. -. --No
DU/b(TRIP _NOT _AUTH.FRM) Revi.Ied: 0/12WJ
•
September 21, 2001
• REA
- A J. A. JONES COMPANY -
CONSTRUCTION
North Carolina Department Of Environment
And Natural Resources
Division Of Waste Management
410 Oberlin Road, Suite 150
Raleigh, North Carolina 27699
Attention: Mr. David Mattison
Superfund Section
Dear Mr. Mattison:
•.--------------, ITS) lE CG lE ~ ~O iE fR\
ln) SEP 2 4 2001 lW
SUPERFUND SECTION
This is to advise that we intend to reactivate the production well on our
property to serve our asphalt plant only. There will be no use as potable
water from this well and no water will be introduced into the city sewer
system. Our office and shop will continue to receive water from the municipal
water system.
Please advise if you have any questions.
Daniel L. Havener
Area Construction Manager
JOJO Gresham Lakt: Koad
Raleigh, NC 27615
Telephone [phone]
Mr. Richard D. Green
US EPA, Region IV
61 Forsyth Street
Atlanta, GA 30303
Dear Mr. Green:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
October 18, 1999
This letter is a follow up to our conversation at the Superfund State Director's
conference in Myrtle Beach, South Carolina on October 13, 1999. As stated at this conference, the NC Division of Waste Management (DWM), Superfund Section intends to work with the Potentially Responsible Parties (PRP's) identified by EPA and possibly
others to remediate the Gresham's Lake site in Raleigh, North Carolina. The process used in the State's oversight of this remediation may involve temporary state employees
from a state owned temporary employment agency. All oversight costs including staff time will be paid for by the cooperating PRP's as specified in an AOC that the PRP's will
enter into with the State.
The DWM would like to meet with you and any EPA staff you feel are appropriate to discuss this process and how we feel utilization of the resource option can
help both state and federal agencies address this site and others like it in an efficient manner.
cc: Bob Jordan
Phil Vorsatz
Jack Butler
Sincerely,
William L. Meyer, Director
NC Division of Waste Management
401 OBERLIN ROAO, SUITE 150, RALEIGH, NC 2760S
PHONE [phone] FAX [phone] AN EQUAL OPPORTUNITY/ AF'FIRMAT/VE ACTION EMPLOYER· 50% RECYCLE0/10% POST-CONSUMER PAPER
of I
Subject: Re: Gresham's Lake
Date: Tue, 26 Oct I 999 I 0:29:35 -0400
From: Jack Butler <[e-mail]>
To: ROB GELBLUM <[e-mail]>
Rob,
Shame on you. You know better than to send "confidential atty. work product" via internet.
In response to your note however; Bill (& I too) see no problem with the PP.P's choosing which process to use (REC or temp. State employee). The AOC's as I stated yesterday should be easily adaptable to use for the MGP's also. I am forwarding a copy of this to Bruce (MGP's) and Dan (Grisharn's Lake). They will have staff get back with you with the appropriate "fields" as you requested. Thanks,
Jack
#################################################
ROB GELBLUM wrote:
> CONFIDENTIAL ATTY. WORK PRODUCT
>
> bill/jack:
>
> after tal~ing w/ u yesterday, bill, i was at 1st thinking that the arrangement u want would require me drafting something different than what i proposed in my 10/22 memo to y'all. Upon further reflection, it appears to me that the state-directed AOC (SAOC) (tailored to this site, of course), wl the additional paragraph i proposed in the 10/22 memo, is perhaps the best way to go to set up the arrangement u want. >
> as i understand it, that arrangement is simply that u want the RPs to pay for a temporary state employee agreeable to all (perhaps dan bius) to oversee the work. We could change the paragraph i proposed for the SAOC to say that the overseer has to be agreeable to all, but i don't see why we shouldn't just float the language the way it is (RPs have always had to pay for their EPA overseer, & they never get a say in who it is). If they object, we can change it.
>
> bill, u've been mentioning the REC program, but using that here would require actually breaking 1 of its cardinal rules (the remediator picks its overseer from the approved list), whereas requiring RP funding of a *state* overseer --though it's something the superfund section hasn't done outside the NPL deferral context fits fully within the state superfund law.
>
> so ... what i propose is that the superfund staffer who knows the most about the site fill in, as is customary, the "fields" in the model SAOC & email it to me. I'd add the W i've proposed for the SAOC & send it to the RPs.
>
> rob
I 012611999 10:30 AM
1\/UV 'Ji. .., ..,
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
Mr. Willic1111 L. Meyer, Dirtoctor
Division of Waste Management
No11h Carolina Department of
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
NOV O 2 199i
f'nvironment and Natural R<.0sourc;es
40 I Ohtorlin Road, Suite I 'iO
Raleigh, NC 27605
Dear Mr. Mtoyer
This letter is in response to your leiter dated October I 8, 1999, rtogarding the Gresham's
Lake Site in Raleigh, North CRrolina. As you stated at the recent State Directors meeting, your
leller rcpea.ts the State's imcntion t\1 implement Slate oversight (lf a l'otenl.ially Responsible Pa11y
(PRP) clean-up at this Site.
As you may be aware, aft.er an Expanded Site Investigation and J>reScorc, this Site was
identified by EPA as l\il>L-caliber Rnd as a c;andidate Site for a new El'A Rl/FS stare. Your State
Superfond Section wus informed tlrnt EPA was interested in working on this Site, and the State
did not object. Subsequently, a Haz~rd Ranking System (HRS) package !ms been de;,vdoped and
three PRPs have be;,en ~ent Special Notice letters. The PRPs are require;,tl to respond to P.PA by
November 19, 1999. Funds have also been planned in CERCUS for a fund-lead Remedial
lnvesligation/reasibility Study (RI/FS) should the PRPs not agree to perform the Rl/FS.
i\fkr review of the facts related to Lhis Site, it is my llpinion Lhat this Site should remain
as an hl'A-lead Site for either a !'RP-lead or fund-lead IU/FS Reasons for my position are;, as
follows:
• The proc;ess for Srnte oversight yDu outline in your lette;,r, indutli11g Lil(; use of temporary
employees, and no guaruntee of a National Contingency Plan (NCP) equivalent clean-up,
is not acceptable to us for an NP! ,-c;aliber Site.
This Sik would not be a candidate for State-lead under our current State Deferral
Memorandum of Agreemenl(MOA) since an HRS package lrn.s ~!ready be;,e;,n tasked, and
Spt:cial Notice has been sent Our Deferral MOA process is based on the deferral
ckcision happening before the inve,stme;,nt of these EPA resources, and the initiation of ou1
enforcement pl'Ocess.
lntemot AddroGS (URL)• llttp://www.opo,9ov
R•oycl•""R•cycl11bl• • Prinled wK/1 Vovott'lhlti on [ia~ed Ink& on R11c..yc.iud P&,.1or {Mln111wm ;:,~% Posl::on&umer)
The State Department ofTranspo11Mion (DOT) is a l'RP at this Site. This is an item in
the EPA Deferral Guidance that would indicate a deferral is not appropriate. Also, in
general it may present an appearance of a conflict of interest.
J'xpericnced El'/\ staff arc as~igncd and ready to work on this Site. lt is my
understanding that Slate Superfund staff funded under EPA Cooperative Agrcc111ellls are
itlrcady heavily co111milled to other priorities.
As discussed al the Stale l)ireclor,s's meeting, EPA docs want lo work with Nonh
Cttrolina on a collaborative decision-making process for determining whid1 Agency lakes the
\cud on a particular Site. We were under the clear illlpression that this was done at lhc Gresham's
I ,11ke Site before we initiated fonnal enforcement We will continue discussions with your staff to
determine kad Agencies. As for tht: Gresham's Lake Site, we arc willing to revisit the idea of a
Slate lead at tht: initiation of the Remedial Design/Remedial Action phase. of work.
lfyou would like to discuss t.his fort her !eel frt:e to call me al 404/562-8632
Richard l) Green, Director
Wijste Management Division
., . ,
I -
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
AT'-f1NTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
NOV 2 4 1999
N011h Carolinu l)epn11mcnt ol"Tru11SJJ()l1Rtion
c/o Mr. Fred Lamar, Assistrn1t Attorney General
Nonh Carolina Depa11n1ent of Justice
P.O. I3ox 25201
Ruleigh, NC: 27611
SUBJ:
Dear Mr. Lamar:
C.rcsham's Lake Industrial Pnrk;
EPA Withdrawal of Special Notice
For Remedial Investigation/Feasibility
Study (RI/FS) And Informntion Re.quest
This Jetter is to inform you that the Environmental Protection Agency (El'A) hereby withdruw,s Speci8l Notice and the accompanying Infom1ation Request issued by letter to the North Carolina Depunmcnt ofTranspo1t,nion (NC:DOT) dated September 13, 199\!_
lt is EPA 's understanding that NCDOT and tile other named PRPs al the Site immirn:ntly will enter into an Administrntivc Onler on Consent (AOC) with th~ Stute ofNonh Carolina Divisic,n of Waste Munagcmcnt to conduct a Site investigation and to clean up the Site. Pleuse be advised that this lcllcr in no way precludes r.PA from taking any future net ions and that EPA reserves the right to use all avniluhlc CERCLA resources and authority to ensure elcam1p of the Site.
Sincerely,
~
Richnrd D, Grnen
Wuste Management Division
cc: William L. )\foyer, Direcl(tr
NC Division ofWJste '.11anagement
intor:,at Address (URL)• h!tp;//www.opa,gov
Recycled/RecycLalile • Pr:r:1ed .,,,:,11 Vo~olat,I~ 011 Based Ink, on R0c)'cled Pitper (Minirnum JO% ~ostco:-isv:rier)
I
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
REA Co11s1rnc1ion Co,
c/n Mr. R, How.ird Grubb,,, Esquire
Womble Carlyle Sundridge & Rice·
Post Office Drewer 84
Wins1on-S~le111, :'JC 27 l 02
SUB.I: Gresham's Lake Industrial l'ark;
EPA Withdrawal of Special Notice
Dear Mr. Gruhhs:
For Remedial Investigation/Feasibility
Study (RT/FS) And Information Request
This letter is to info:m you lhr,l the Environmental Protection Agency (EPA) herd1y withdraws Special Notice nnd the accompanying Jnfonnution Request issued hy letter 10 the REA Comtruction Co, (REA) dated Sepkmber 13, 1999.
It is EPA's understanding that RFA and the other named PR l's at the Sile imminently will enter into an Administrative Order on Consent (AOC) with the State of North Carolina Division of Waste Management to conduct a Sile investigation mid to clean up the Site. Please be advised that this letter in no wuy precludes EPA from tnk ing uny future actions und tlrnt EPA re,erve,s the right to use all available CERCLA resources and authority to ensure cleanup of the Site.
Richard D. Gre.:n
Waste Management Division
cc: \Villi,:m L. Meyer, Director
NC Division of Waste Manag~ment
lnte:110: Ad:ir"ss (URL) • h"p:/lwww.epe...gov
Ae::yclod/Racyci,1ble • Pnnte.::l wnh Vegetab/o 011 Based lnke on Aecy~eel Pft+,Jor {Mlri'1murn 30o/o Pos!consumor)
i UNITED STATES ENVIRONMENTAL PROTECT/OtAGEt~~-->i_-S; rJ~
REGION~
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-B960
Nov 2 4 1999
Hallibu110n Company
c/o Mr. LeRoy L. DcNooycr,
Senior Atlomey, Ern·iroruncntul Operntions
2601 Be)ii11c Ruad
Carrollton, TX 750(16-5401
SUB.I: Gresham's Lake Industrinl Park;
Dear Mr. DcNooyer:
EPA Withdrawn] of Sprcial Notice
For Remedial Investlgation/Fcaslbllity
Study (RI/FS) And Information Request
This letter is to inl1,rrn you that the Envirornncntal Protection Agency (EPA) hcrchy withdraws Special Notice and the accompanying Information Request issued by letter to Hulliburton <luted September l 3, J 999.
it is EPA 's understanding that liallihurton and the other named PR l's at the Site imminently will enter into an Administrative Order on Consent (AOC) with the State of Nrn1h Carnlintt Divisipn ofWustc Management to conduct u Site investigation and to clean up the Site. Please be udvise<l that this letter in no wuy precludes EPA froni taking any future action., and that EPA reserves the right to use all available CRRCLA resources and authurity to ensure cleanup of the Site,
Richard D. Green
Waste Manugcrnent Divisio1,
cc: Vvilliam L. Meyer, Director
NC Division of Waste Mflnagemcnt
lntgmel Adorgss ('JAL)• hf!p://W¥.w,epa.gov Ro::ycled/Aocyclablll • Prinled wltn Vegetable O/1 Besoa Inks on RecycJeQ Pwer (Minimum 30-;.; Poi;lconsurnM;
December 13, 1999
MEMORANDUM
To:
From:
Subj:
Greshams Lake Industrial Park Site File
Raleigh, Wake County, NC
Bruce Nicholson, Head 1v1J
Special Remediation Branch
Telecon with .Mr. Jim Mettrey, property owner adjacent to Able Manufacturing, 872-8644.
1 spoke with Mr. Mettrey today via telephone regarding his desire that we remove the monitoring
wells from his property.
In previous discussions with Mr. Mettrey, Mr. Mettrey has asked if he could fill the property and
flush mount the wells in question. He indicated that this would alleviate the concerns of a potential buyer
of the property. After consulting with the site project manager Stephanie Grubbs, I had agreed that these
wells, which are important to the upcoming investigation of the Greshams Lake Road Industrial Park Site,
could be flush mounted after filling of the property. Ms. Grubbs and I communicated that to Mr. Mettrey
in person and in correspondence (as he had requested at the time). However, Mr. Mettrey has come back
to us indicating that his request for flush mounting the wells is now insufficient to calm the buyer's
concerns, and that the sale of.the property was cancelled at closing because the wells were still in place.
He is now requesting that we remove them and replace them with additional wells elsewhere on the
property.
I explained to Mr. Mettrey that the investigation at the site is not over, that we have recently
received jurisdiction over the site from the U.S. EPA. We are negotiating an agreement with the
responsible parties to investigate the site. This investigation holds the potential for the responsible parties
to place additional monitoring wells at the property. I told that this may or may not change our opinion of
whether or not the current wells would be necessary, but that presently they were very important to the
investigation. This determination would likely take place on a timeframe of months. He indicated that
his was not soon enough because his potential buyer was going to purchase the site using funds that had to
be reinvested within a 180-day legal time limit. Mr. Mettrey did not know how much of that time was
left, but it may only be one month. He implied that he could take legal action using the agreement that he
had signed giving the state permission to place the wells on his property because, in his opinion, we are
damaging him by not removing the wells. He stated that the agreement he had signed with the state did
not appear to apply to future owners of.the site. He reiterated his request for removal of the wells to a
different part of the property.
Regarding his request, I informed Mr. Mettrey that although I sympathize with his situation, I
would be derelict in my duties to the citizens of the state ifwe spent state funds to remove those wells, or
if I told him that he could do so. I also told him that I would speak with our counsel for legal advice and
interpretation in this matter and as to whether there would be any need to meet with him to resolve these
questions. I told him I would be back in touch in this regard.
Bin/let/mettrey I
cc: Jack Butler
Dan LaMontagne
Stephanie Grubbs
Rob Gelblum
JAN -I7'0I(WED) 12:06 ,. ., -~ •. -.• L: 9 1 9 7 3 3 4 8 1 I .•• 11,.,4
' ,.
P. 00 I
-
TRANSACTION REPORT
Transmission
Transact ion (s) completed
. .-.
NO. TX DATE/TIME DESTINATION DURATION PGS. RESULT MODE
288 JAN. I 7 12:05 9 I 9 571 4148 0°00'27" 001 OK Normal
---------
Poet-It' Fax Nate 7671
To -
January 17, 2001
Pnane ft ·J:3.:3 -2ciC>I
MEMORANDUM
TO: Grant Mills
NC Division of Radiation Protection·
FROM: David Mattison
NC Superfund Section
Pursuant to discussiorts between myself, Bill Perry and you, this memo is to serve as a
request to have yourself or one of your field people come out to perfonn a cursocy scan of two
trailers at the Greshams Lake Site. The trailers are not believed to contain any radioactive
mate1iul, however, the trailer are placarded for radioactive material.
We appreciate your anention to t[nis matter.
MEMO
DavicfMaitison
. NC Supertund Section
-~~x:.~tM~t:~~rl Section
: .; < ke:\' :'.'scah'.i_oftwo trailt;rs:.at Gresham Lake Site
:_{':;';:-:;-' '. •i '. '. • ·.. . .·. .. .. . . . .
i/i'·•./:C,·J: · :<lli/respohieM yam fequest dated Jan. 17, 2001, a survey of radiatiori exposure rntes associated with the trailers
:;;:{:')\ \referenced ,abciye i'as p'erfonned oriJan .. l~i 2001. The survey performed by my staff indicated no radiation.
:;f,_ i.;:,, ; cx~os~e'•fove!s:~bove;b,ackground ,associated .. wiih:.the trni\ers ..• The placards which had been tumr,d to display the
:\/· /: ;;i:\:'.'Cau.tiori)Udioactive,Material'''signage were turned to ''Drive Safely'' si~'Ilage.
:?{:::·.;.>:·);,_-·-· ··. . . : '-· ' . .
'.}'/<,;'{', :,;/'Sh~~1~·you'..1iave sriy,quesiions conce,ming this memo, please c.ontact v,e or my staff at 5 71-4141 ..
Gran(Mil[s, Health Physicist
.. Lee Cox! Health.Physicist
.Ludillll1 Mt>cmi 19 ..
. . Cai.°04-00
· 15-25 UR/hr
..... -' ....
Post-It' Fax Note 7671
To'Do, d ~ . Vt 'f'(\ \So""-
Co./O<lpl.
Phone I'
· Fax.I_ 7-TJ-'181(
Dote \ \ j1•of ► \ \ '1 Q \ , pages
From 1:).. \\c.e\ • ,,-,,
Go.
Pno,o ' ::,-~ / -<( / f./ I
Fa~ 11
1645 Mail Sei\lice Ce~ter Raleigh, North Carolina 27699-1645
;Phone: (919) s·71-'IH1 FM: (91'9) 571-4148 Intern.-,!: w,JW rlrp.enr.state.nc.us
I
TR/Pf/iT/FICATIONANDAUTHORIZATA, FORM
Program: D Federal
gs1atc
□ NPL/DOD
Site Name:
ID Number:
Street Address:
City:
County:
j Date(s) of Trip
1 s./00-3/,,,/00
I 1 T
Reason For Trip:
D Surface Soil
D Subsurface Soil J
D Using Augers/Shovels to collect soil
D Using Little Beaver to collect soil
D Groundwater (from tap)
Project Team Leader ·
Authorized By:
DUslb(TRil'_NOT_ A UTHFRM)
D Brownficlds ,~
□ MPG D Dry Cleaners
Trip Canceled: Trip Rescheduled (Date):
(if sampling, check appropriate boxes below)
~roundwater (bailers)
~roundwater (pumps)
D Surface Water
D Sediment
Assistant Assistant Assistant
Revised: 813/00
Halliburton • • Law Department
4100 Clinton Drive (77020-6299) / Post Office Box 3 / Houston, TX 77001-0003
Writer's Direct Line:
[phone]
June 29, 2000
RECEI\/ED
JUN 30 2000
SUPERFUND SECTION
Mr. David Mattison
North Carolina Superfund Section
40 I Oberlin Road -Suite 150
Raleigh, North Carolina 27605-1350
VIA FEDERAL EXPRESS
Reference: Greshams Lake Industrial Park Site
Executed Administrative Order on Consent
Kellogg Brown & Root, Inc. (successor to Halliburton Industrial
Services)
Dear Mr. Mattison:
As directed by Rob Gelblum in the Attorney General's office, enclosed is an original,
signed copy of the Administrative Order on Consent (AOC) for the referenced site,
executed by Kellogg Brown & Root, Inc., as successor to Halliburton Industrial
Services. I look forward to receiving a copy of the fully executed document from the
State so that we can begin moving forward at the site.
Thank you for your assistance. Please contact me with any questions.
Sincerely,
4.,,,./4,y-/ )h_ . a,,'-e-<....--
Susan M. Ponce
Senior Counsel
Enclosure
Cc: w/enclosure
Daniel S. Steinway, Kelley Drye & Warren LLP
R. Howard Grubbs, Esq., Womble Carlyle Sandridge & Rice, PLLC
Fred Lamar, North Carolina Department of Justice
Bill Perry
......
j
IN RE:
• •
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
SUPERFUND SECTION
GRESHAM'S LAKE SITE
NCO 986 232 379
RALEIGH, NORTH CAROLINA
WAKECOUNTY
ADMINISTRATIVE ORDER ON CONSENT
FOR ST ATE-DIRECTED ASSESSMENT
AND REMEDIAL ACTION
PURSUANT TO N.C.G.S. 130A-310.9(b)
DOCKET NUMBER 00-SF-186
The following constitutes the agreement of the parties hereto. The North Carolina
Department of Transportation, REA Construction Company, and Kellogg Brown & Root, Inc.,
successor in interest to Halliburton Industrial Services (the Respondents neither admit nor deny any
Finding of Fact or Conclusion of Law set forth in this Administrative Order on Consent (Consent
Order), but shall not challenge any such finding or conclusion in connection with this Consent Order.
I. .JURISDICTION
This Consent Order is entered into under authority vested in the Secretary of the
North Carolina Department of Environment and Natural Resources (Department) by North
Carolina's Inactive Hazardous Sites Response Act of 1987 (the Act), which constitutes Parl
3, Article 9 of Chapter 130A of the North Carolina General Statutes (N.C.G.S.). N.C.G.S.
l 30A-3 l 0, el seq. The Secretary of the Department has delegated this authority to the
Director of the North Carolina Division of Waste Management (Director).
II. ST A TEMENT OF PURPOSE
This Consent Order is entered into for the purpose of addressing the hazardous
substance or waste disposal site (the Site) defined in Section III. A. of this Consent Order.
In entering into this Consent Order, the objective of the Division of Waste Management
(Division) and ihe Respondents is for the Respondents to implement a voluntary remedial
action program approved by the Division involving: (I) preparation of a Remedial
Investigation Plan to evaluate the extent of contamination; (2) implementation of the
Remedial Investigation Plan; (3) preparation of a Remedial Action Plan to evaluate
alternatives for meeting remediation goals; and (4) implementation of the approved Remedial
Action Plan.
III. FINDINGS OF FACT
A. The Site is in an area of northern Raleigh, North Carolina, that lies between U.S.
Highway I to the east, Old Wake Forest Road to the south, Litchford Road to the
• •
west and Durant Road to the north. As currently delineated, it is depicted on a survey
plat attached hereto. The Site includes property owned, as of May 3, 2000, by Able
Manufacturing, Inc. (Able) at 3220 Northside Dr., property owned by REA
Construction Company (REA) at 30 IO Gresham's Lake Road, property owned by
Frank A. Billings, et al. at 3200 Northside Dr., property owned by David S. Wilson
on Northside Drive, property owned by Erwin Winz and wife, Burgunde E. Winz at
3219 Northsidc Dr., and any additional area which has become contaminated as a
result of hazardous substances or waste disposed at properties comprising part of the
Site.
B. From the late 1970s until 1989, the portion of the Site currently owned by Able was
owned by South State Industries, Inc. (South State), which manufactured tools and
dies there. When South State sold the property to Able in I 989, it removed a large
pile of metal turnings that had accumulated behind the plant building. From 1989
until it entered bankruptcy in 1993, Able operated a metal fabricating facility on that
portion of the Site. According to a former employee of both South State and Able,
both companies used trichloroethylene in their operations.
C. On its portion of the Site, REA has manufactured asphalt under contract to the NC
Department of Transportation (DOT) since I 970. There, from 1970-1996, DOT
tested the asphalt for aggregate content using chlorinated hydrocarbons such as I, I, I
trichloroethane, carbon tetrachloride and trichloroethylene. This property was among
those at which DOT determined, in a 1989 assessment of properties where it had
conducted such testing, that decomposed constituents of chlorinated hydrocarbons
remam.
D. Halliburton Industrial Services (Halliburton) used chemicals at its facility at the Site.
groundwater monitoring and soil sampling on the former Halliburton property has
shown the presence of several chlorinated hydrocarbons. Concern on the part of the
North Carolina Groundwater Section (Groundwater Section) led to removal in 1990
of a leaking above-ground diesel fuel storage tank at the Halliburton facility by
A TEC Environmental Services.
E. In 1992, soil sampling at the Site by the Groundwater Section revealed the presence
of 1,4-dichlorobenzcne, chlorobenzcne, 1,3-dicholorobenzene, naphthalene,
1,2,4-tricholorbenzene, 2-chlorotoluene, trichloroethene, cis-1, 1-dichloroethenc,
p-isopropyl toluene, and tcrt-butyl benzene. During a 1998 Expanded Site Inspection
(ESJ) by the Supcrfund Section, a limited soil investigation revealed benzo(b or
k)fluoranthcnc and/or acetone at the Site.
F. Previous groundwater sampling in the vicinity of the Site by the Groundwater
Section and the Wake County Health Department revealed contaminated drinking
water wells at several businesses, including Able, Halliburton facility, REA, Billings
2
IV.
• •
& Garrett, Inc. and Charlie Brown's Catering Service. Further sampling during the
ES! revealed the presence of vinyl chloride and 1,2-dichloroethene in Abie's drinking
water well. Acetone, 1,2-dichloroethene and methyl butyl ketone were detected in
the drinking water well on the above-referenced Winz property, which is where
Halliburton operated. Several monitoring wells in the area were found to contain
significant levels of vinyl chloride, 1,2-dichloroethene, 1, 1-dichloroethene,
chloroform and I, I, I ,-trichloroethane.
CONCLUSIONS OF LAW
A. The substances identified in Sections 11!.E. and F. above are hazardous substances
as defined in the Comprehensive Environmental Response, Compensation and
Liability AcUSuperfund Amendments and Reauthorization Act, 42 U.S.C. Section
960 I et seq., and are thus such substances for purposes of the Act pursuant to
N.C.G.S. I 30A-310(2).
B. Disposal of hazardous substances referred to in the preceding paragraph has occurred
at the Site within the meaning ofN.C.G.S. I 30A-3 I 0(3) pursuant to N.C.G.S. 130A-
290(a)(6).
C. The Site is an inactive hazardous substance or waste disposal site for purposes of the
Act pursuant to N.C.G.S. 130A-310(3).
D. Each of the Respondents is an owner, operator, or other responsible party in relation
to the Site within the meaning ofN.C.G.S. ! 30A-3 l 0.9, pursuant to N.C.G.S. I 30A-
3 I 0(4), -310(5), -310(9), and-310.7.
E. This Consent Order is authorized pursuant to the power of the Secretary under
N.C.G.S. I 30A-3 l 0.9(b), and by delegation the Director, to enter into agreements
with owners, operators, or other responsible parties for implementation of voluntary
remedial action programs as to inactive hazardous substance or waste disposal sites
in accordance with remedial action plans approved by the Department.
V. WORK TO BE PERFORMED
All work performed pursuant to plans approved under this Consent Order shall
comply with the current U.S. Environmental Protection Agency· (EPA) Region IV,
Environmental Investigations Standard Operating Procedures and Quality Assurance Manual
and the current Inactive Hazardous Sites Program Guidelines for Assessment and Cleanup.
A. Within ninety (90) days after the execution of this Consent Order, the Respondents
shall submit to the Division two (2) copies of a Remedial Investigation Plan
(Investigation Plan) organized in sections corresponding to the following items and
3
• •
including at least:
I. Site location information including site street address, longitude and latitude,
and site and surrounding property land use.
2. A summary of all management practices employed at the Site for hazardous
wastes and any wastes that may have contained hazardous substances,
including a list of types and amounts of waste generated (with RCRA waste
codes), treatment and storage methods, and ultimate disposition of wastes; a
description of the facility's past and current RCRA status; the location and
condition of any vessels currently or previously used to store any chemical
products, hazardous substances or wastes; and a summary of the nature of all
on-site hazardous substance releases, including one-time disposals or spills.
3. United States Geological Survey topographic maps sufficient to display
topography within a one-mile radius of the Site.
4. A site survey plat (prepared and certified by a Professional Land Surveyor)
including scale; benchmarks; north arrow; locations of property boundaries,
buildings, structures, all perennial and non-perennial surface water features,
drainage ditches, dense vegetation, known and suspected spill or disposal
areas, underground utilities, storage vessels, existing on-site wells; and
identification of all adjacent property owners and land usage.
5. A description of local geologic and hydrogeologic conditions.
6. Inventory and map of all wells, springs, and surface-water intakes used as
sources of potable water within a one-half mile radius of the center of the
Site. If the Site is greater than one hundred (I 00) acres in size, the inventory
and map must cover a one-mile radius from the center of each source area.
7. Identification of environmentally sensitive areas on and adjacent to the Site
including:
State Parks
Areas Important to Maintenance of Unique Natural Communities
Sensitive Areas Identified Under the National Estuary Program
Designated State Natural Areas
State Seashore, Lakcshore and River Recreational Areas
Rare species(state and federal Threatened and Endangered)
Sensitive Aquatic Habitat
State Wild and Scenic Rivers
National Seashore, Lakeshore and River Recreational Areas
National Parks or Monuments
Federal Designated Scenic or Wild Rivers
Designated and Proposed Federal Wilderness and Natural Areas
4
• •
National Preserves and Forests
Federal Land designated for the protection of Natural Ecosystems
Critical Areas Identified Under the Clean Lakes Program
State-Designated Areas for Protection or Maintenance of Aquatic Life
State Preserves and Forests
Terrestrial Areas Utilized for Breeding by Large or Dense Aggregations of Animals
National or State Wildlife Refuges
Marine Sanctuaries
National and State Historical Sites
Areas Identified Under Coastal Protection Legislation
Coastal Barriers or Units of a Coastal Barrier Resources System
Spawning Areas Critical for the Maintenance of Fish/Shellfish Species within
River, Lake or Coastal Tidal Waters
Migratory Pathways and Feeding Areas Critical for Maintenance of Anadromous
Fish Species within River Reaches or Areas in Lakes or Coastal Tidal Waters
in which such Fish Spend Extended Periods of Time
State Lands Designated for Wildlife or Game Management
Wetlands
8. A chronological listing of all previous owners and each period of ownership
since the Site was originally developed from pristine land.
9. Operational history with aerial photographs and Sanborne Fire Insurance
maps to support land-use history.
I 0. A list of all hazardous substances which have been used or stored at the Site,
and approximate amounts and dates of use or storage as revealed by available
written documentation and interviews with a representative number of former
and current employees or occupants possessing relevant information.
11. Site environmental permit history, including copies of all federal, state, and
local environmental permits, past and present, issued to the Respondents or
within the Respondents' custody or control.
12. A summary of all previous and ongoing environmental investigations and
environmental regulatory involvement with the Site, and copies of all
associated reports and laboratory data.
13. Proposed procedures for characterizing site geologic and hydrogeologic
conditions and identifying and delineating each contamination source as to
each affected environmental medium, including any plan for special
assessment such as a geophysical survey.
14. Proposed methods, locations, depths of, and justification for, all sample
collection points for all media sampled, including monitoring well locations
and anticipated screened intervals.
5
• •
I 5. Proposed field and laboratory procedures for quality assurance/quality
control.
I 6. Proposed analytical parameters and analytical methods for all samples.
17. A contact name, address and telephone number for the principal consultant
and laboratory, and qualifications and certifications of all consultants,
laboratories and contractors expected to perform work in relation to this work
plan. Any laboratory retained must currently be either certified to analyze
applicable certifiable parameters under Title I SA of the North Carolina
Administrative Code, Subchapter 21-1, Section .0800, or be a contract
laboratory under the EPA Contract Laboratory Program.
18. Eq,uipment and personnel decontamination procedures.
19. A health and safety plan that conforms to OSHA requirements and assures
that the health and safety of nearby residential and business communities will
not be adversely affected by activities related to the remedial investigation.
20. A proposed schedule for site activities and reporting.
21. Any other infomiation required by the Division or considered relevant by the
remediating party.
22. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
23. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying this
certification is true, accurate and complete."
24. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
B. Within thirty (30) days of receiving notice from the Division of any deficiency in the
Investigation Plan, the Respondents shall submit to the Division information or
material sufficient to correct such deficiency.
6
• • C. The Respondents shall begin the Remedial Investigation no sooner than receiving
written approval of the Investigation Plan from the Division, nor later than thirty (30)
days thereafter.
D. Within one hundred twenty (120) days of receiving written approval of the
Investigation Plan from the Division,the Respondents shall submit to the Division
two (2) copies of a Remedial Investigation Report documenting implementation of
the approved Investigation Plan, organized in sections corresponding to the following
items and including at least:
I. A narrative description of how the investigation was conducted, including a
discussion of any variances from the approved work plan.
2. A description of groundwater monitoring well design and installation
procedures, including drilling methods used, completed drilling logs, "as
built" drawings of all monitoring wells, well construction techniques and
materials, geologic logs, and copies of all well installation permits.
3. A map, drawn to scale, showing all soil, surface water and sediment sample
locations and monitoring well locations in relation to known disposal areas
or other sources of contamination. Monitoring wells must be surveyed to a
known benchmark. Soil sample locations must be surveyed to a known
benchmark (use of differentially corrected GPS is permissible) or flagged
with a secure marker until after the remedial action is completed. Monitoring
well locations and elevations must be surveyed by a Professional Land
Surveyor.
4. A description of all laboratory quality control and quality assurance
procedures followed during the remedial investigation.
5. A description of procedures used to manage drill cuttings, purge water and
decontamination water.
6. A summary of site geologic conditions, including a description of soils and
vadose zone characteristics.
7. A description of site hydrogeologic conditions (if groundwater assessment is
detcm1ined to be necessary), including current uses of groundwater, notable
aquifer characteristics, a water table elevation contour map with groundwater
flow patterns depicted, tabulated groundwater elevation data, and a
description of procedures for measuring water levels.
8. Tabulation of analytical results for all sampling (including sampling dates
and soil sampling depths) and copies of all laboratory reports (including
QA/QC support data referenced to specific samples).
7
• • 9. Soil, groundwater, surface water and sediment contaminant delineation maps
and cross sections, including scale and sampling points with contaminant
concentrations.
I 0. A description of procedures and the results of any special assessments such
as geophysical surveys, immunoassay testing (EPA SW-846 4000 series
methods), soil gas surveys, or test pit excavations.
11. Copies of all field logs and notes, and color copies of site photographs.
12. A demonstration, supported by sampling data, that the areal and vertical
extent of hazardous substance contamination in each affected medium has
been delineated to the Division's satisfaction in accordance with the current
version of the Division's Inactive Hazardous Sites Program Guidelines/or
Assessment and Cleanup.
13. Any other information required by the Division or considered relevant by the
remediating party.
14. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
15. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying this
certification is true, accurate and complete."
16. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
E. Within thirty (30) days of receiving notice from the Division of any deficiency in the
Remedial Investigation Report, the Respondents shall submit to the Division
information or material sufficient to corTect such deficiency. When the Division
determines that the Remedial Investigation is complete, the Division will notify the
Respondents in writing.
F. Should additional remedial investigation work phases be necessary, the Respondents
shall submit the subsequent work phase investigation plan within thirty (30) days of
receiving notice from the Division of the additional work phase required. The
requirements for the submittal and content of plans and reports under paragraphs
8
• • V.A., B., C., D. and E. shall apply to subsequent work plans and reports except
where, in the Division's sole discretion, the submission of such would duplicate a
previous submittal.
G. If the Division determines that hazardous substances or waste disposed at the Site
have affected any drinking water wells, the Respondents shall, by a deadline
established by the Division, provide an alternate drinking water source for users of
those wells.
H. Following the Respondents' completion of the Remedial Investigation, the Division
will ascertain preliminary remediation goals for each contaminated medium at the
Site. The Respondents shall use the Division's remediation goals to develop remedial
alternatives in the Remedial Action Plan, as described in Section V.1. of this Consent
Order.
I. Within ninety (90) days of receiving written notice from the Division that the
Remedial Investigation is complete and that remedial action is necessary, the
Respondents shall submit to the Division two (2) copies of their proposed Remedial
Action Plan for cleanup of all contaminated media at the Site, organized in sections
corresponding to the following items and including at least:
I. A statement of objectives for the Remedial Action.
2. A listing of potentially applicable technologies.
3. An evaluation of remedial alternatives using the following feasibility study
criteria:
a. Protection of human health and the environment, including attainment of
remediation goals.
b. Compliance with applicable federal, State and local regulations.
c. Long-term effectiveness and permanence.
d. Reduction of toxicity, mobility and volume.
e. Short-term effectiveness: effectiveness at minimizing the impact of the
site remediation on the environment and the local community.
f. Implementability: technical and logistical feasibility, including an
estimate of time required for completion.
g. Cost.
h. Community acceptance.
4. A detailed description of the Respondents' preferred remedial alternative for
each contaminated medium, from among the alternatives evaluated, including
an evaluation of potential impact to any sensitive environments identified on
or near the Site and construction designs and specifications (any proposed
treatment technology may require on-site testing or bench-scale testing of site
waste to verify its effectiveness).
9
• • 5. A description of all activities that are necessary to ensure that the proposed
method(s) of remedial action is (are) implemented in compliance with
applicable laws and regulations and that remediation goals established
hereunder are met. These activities include, but are not limited to, well:
installation and abandonment, sampling, run-on/run-off control, and
discharge of treated waste streams.
6. The results of any treatability studies or site characterization work conducted
in support of the proposed Remedial Action Plan.
7. A description of any proposed treatability studies or additional site
characterization work needed to support the remedial design.
8. A description of methods of post-remedial and confirmatory sampling, and
any necessary maintenance.
9. A health and safety plan that conforms to OSHA requirements and assures
that the health and safety of nearby residential and business communities will
not be adversely affected by activities related to the Remedial Action.
I 0. Equipment and personnel decontamination procedures.
11. A proposed schedule for completion of remedial design and for Remedial
Action construction, implementation and periodic sampling and reporting.
12. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
13. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying this
certification is true, accurate and complete."
14. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
J. The Respondents shall provide to the Division the number of additional copies of the
proposed Remedial Action Plan determined by the Division to be required for
distribution to the local health director, register of deeds, and each public library in
the county where the Site is located, if requested by the Division. The Division shall
10
• • also mail notice of the Remedial Action Plan to those who have requested notice that
such plans have been developed, as provided in N.C.G.S. 130A-310.4(c)(2). The
Division will not approve the Remedial Action Plan until at least thirty (30) days
after public notice was provided.
K. Within thirty (30) days of receiving notice from the Division of any deficiency in the
Remedial Action Plan, the Respondents shall submit to the Division information or
material sufficient to correct such deficiency.
L. The Respondents shall begin implementation of the Remedial Action Plan no sooner
than receiving written approval from the Division nor later than sixty (60) days
thereafter.
M. Any requests for modifications of the approved Remedial Action Plan must be
submitted in writing to the Division, and may not be incorporated or implemented
unless and until approved in writing by the Division.
N. The Respondents shall provide to the Division: quarterly reports during groundwater
remedial action, any soil and waste remedial action greater than one (I) month in
duration, and any necessary post-remedial maintenance; and a final report with
confirmatory sample data documenting complete implementation of the approved
Remedial Action Plan. The quarterly reports and final report should include, without
limitation, complete "as-built" drawings and specifications of all remedial action
systems; tabulated laboratory data; the location and depth of samples collected; a
description of all field and laboratory quality control/quality assurance procedures;
and legible and complete copies of all records of periodic system inspections,
laboratory reports, waste manifests and chain of custody documentation generated
during the reporting period. Quarterly reports shall be provided by the tenth day after
each quarter concludes, with the first quarter commencing on the date of written
approval of the Remedial Action Plan by the Division. The final report shall be
provided within one (I) month following complete implementation of the approved
Remedial Action Plan. All progress reports and the final report shall include a
certification under oath by a corporate official in charge of a principal business
function of one of the Respondents stating: "To the best of my knowledge, after
thorough investigation, I certify that the information contained in or accompanying
this certification 4S true, accurate and complete." In addition, all progress reports and
the final report shall include a certification under oath by the consultant responsible
for the day to day remedial activities stating: "To the best of my knowledge, after
thorough investigation, I certify that the information contained in or accompanying
this certification is true, accurate and complete." If the document includes any work
which would constitute the "practice of engineering" as defined by N.C.G.S. 89C, the
signature and seal of a professional engineer must be included. If the document
includes any work which would constitute the "public practice of geology" as defined
by N.C.G.S. 89E, the signature and seal of a licensed geologist is required. Within
thirty (30) days of receiving notice from the Division of any deficiency in the reports
required by this paragraph or in the implementation of the plans required by this
I I
• • Consent Order, the Respondents shall submit to the Division information or material
sufficient to demonstrate correction of such deficiencies.
0. If the Division determines that conditions so warrant, the Respondents shall submit,
for the Division's approval, a survey plat for recordation that complies with N.C.G.S.
I 30A-3 I 0.8(a), or provide information obtained through the investigation to the
Site's owners so as to allow them to submit such a plat.
VI. SAMPLING, ACCESS, AND DAT A/DOCUMENT AVAILABILITY
A. The Division or its representatives may take split or duplicate samples of any samples
collected by the Respondents pursuant to this Consent Order. The Respondents shall
notify the Division not less than ten (I 0) days in advance of any field activity. This
notification may be given verbally in the field by the Respondents to the Division.
B. The Division or its representatives may conduct any field activity it deems
appropriate in relation to the Site. The Respondents may take split or duplicate
samples of any samples collected by the Division during such field activity.
C. While this Consent Order is in effect, Division personnel and their representatives
may, in addition to exercising any related legal rights, enter the Site without notice
at all times and, while present: review the progress of activities required by this
Consent Order; conduct such tests as the Division deems necessary; verify the data
submitted to the Division by the Respondents; inspect and copy an~.and al] records,
files, photographs, operating logs, contracts, sampling and monitoring data, and other
documents relating in any way to this Consent Order; and otherwise assess the
Respondents' compliance with this Consent Order. All parties with access to the Site
pursuant to this paragraph shall comply with all approved health and safety plans and
shall be liable for their own negligence and intentional misconduct.
D. Unless a confidentiality claim covering information provided under this Consent
Order is made pursuant to law and adequately substantiated when the information is
submitted, such information may be made available to the public by the Division
without further notice to the Respondents. The Respondents agree that under no
circumstances shall analytical data generated pursuant to this Consent Order be
considered confidential.
E. The Respondents waive any objections to the admissibility into evidence (but not
objections as to the weight) of the results of any analyses of sampling conducted by
or for the Respondents at the Site or of other data gathered pursuant to this Consent
Order.
F. If the Respondents arc unable by reasonable efforts to gain access to other property
as necessary pursuant to this Consent Order, the Division shall assist the Respondents
in obtaining access.
12
• • VII. DELAY IN PERFORMANCE
As soon.as the Respondents are aware of the potential for delay, it shall submit to the
Division written documentation of the reasons for the delay· and the efforts made by the
Respondents to avoid the delay, as well as a time by which such work can be completed. The
Division shall review the documentation and shall promptly approve the new schedule if
good cause is shown. Good cause may include, but is not limited to, extraordinary weather,
natural disasters and national emergencies. At a minimum, good cause does not include
normal inclement weather, increases in the cost of work to be performed under this Consent
Order, financial difficulty for the Respondents in performing such work, failure by the
Respondents to satisfy its obligations under this Consent Order (whether evidenced by a
notice of deficiency or not), tlie pendency of dispute resolution, acts or omissions of the
Respondents' contractors or representatives not otherwise constituting good cause, and failure
by the Respondents or their contractors or representatives to make complete and timely
application for any required approval or permit. The burden of demonstrating good cause
for delay, and that the delay proposed is warranted, is the Respondents'.
VIII. DISPUTE RESOLUTION
If the Respondents wish to dispute any decision of the Division made pursuant to this
Consent Order and cannot resolve the matter through informal negotiations, it shall, within
fourteen (14) days of being notified of such decision, submit to the Division a written
statement of the grounds for its dispute and of the decision it advocates. Within a reasonable
period following its receipt of such a written statement, the Division shall issue a written
decision on the disputed matter. Within fourteen (14) days ofreceiving the Division's written
decision on the dispute, the Division shall have received from the Respondents a written
statement as to whether the Respondents shall abide by the decision. If the Division does not
receive such a statement, or the statement is to the effect that the Respondents shall not abide
by the decision on the dispute, this Consent Order shall be deemed dissolved. In that event,
the Division shall retain all its applicable enforcement rights against the Respondents, and
the Respondents shall retain all applicable defenses. The Respondents' invocation of dispute
resolution shall not alone excuse noncompliance with this Consent Order or any requirement
established pursuant thereto.
IX. ADDITIONAL PROVISIONS
A. All documents submitted to the Division pursuant to this Consent Order shall be sent
by certified mail, return receipt requested, by Federal Express or other equivalent
overnight service, or hand delivered to:
David Mattison
North Carolina Superfund Section
40 I Oberlin Road -Suite 150
Raleigh, NC 27605-1350
The Division will direct all correspondence related to this Consent Order to:
13
• • William (Bill) R. Perry II
P.O. Box 504
Kernersville, NC 27285-0504
B. This Consent Order shall be binding upon, and inure to the benefit of, the
Respondents, their agents, successors and assigns. Each of the signatories for the
Respondents to this Consent Order certifies that he/she is authorized to execute and
legally bind the Remediator he/she represents as to this Consent Order.
C. The Respondents shall provide a copy of this Consent Order to each contractor or
other person or entity retained to perform any work under this Consent Order within
seven (7) days after the effective date of this Consent Order or the date of retaining
their services, whichever is later. The Respondents shall condition any such
contracts upon satisfactory compliance with this Consent Order. Notwithstanding
the terms of any contract, the Respondents are responsible for compliance with this
Consent Order and for ensuring that such contractors or other persons or entities
comply with this Consent Order.
D. This Consent Order notwithstanding, the Division retains all its authority regarding
inactive hazardous substance or waste disposal sites in relation to the Site.
E. In the event the Division determines the Respondents are in violation of this Consent
Order or requirements established pursuant thereto, the Division may: order the
Respondents to remedy the violation(s) or temporarily or permanently halt
implementation of this Consent Order; conduct part or all of the remediation itself
and seek cost recovery; and/or take any other action within the Division's
enforcement authority regarding inactive hazardous substance or waste disposal sites.
F. To protect the public health or the environment, the Division may order a temporary
or permanent halt to implementation of this Consent Order, or order actions within
its authority regarding inactive hazardous substance or waste disposal sites in
addition to or other than those required hereunder.
G. All actions required pursuant to this Consent Order shall be in accordance with
applicable local, state and federal laws and regulations, unless an exemption
regarding particular state or local laws or regulations is specifically provided in this
Consent Order now or later.
1-1. The Respondents agree to indemnify and save and hold harmless the State of North
Carolina, and its agencies, departments, officials, agents, employees, contractors and
representatives, from any and all claims or causes of action arising from or on
account of acts or omissions of the Respondents or their officers, employees,
receivers, trustees, agents, or assigns in carrying out actions required pursuant to this
Consent Order. Neither the State of North Carolina nor any agency or representative
thereof, except DOT, may be held to be a party to any contract involving the
Respondents relating to the Site.
14
By:
• • I. The Respondents shall preserve, for at least six (6) years after termination of this
Consent Order, all records and documents in its possession or in the possession of its
divisions, employees, agents, accountants, contractors or attorneys which relate in
any way to this Consent Order. After this six (6)-year period, the Respondents shall
notify the Division at least thirty (30) days prior lo the destruction of any such
records and documents. The Respondents shall comply with any written request by
the Division, prior to the day set for destruction, to continue to preserve such records
and documents or to provide them to the Division. The Respondents may assert any
available right to keep particular records and documents, other than analytical data,
confidential.
J. Nothing herein shall constitute a satisfaction of, or release from, liability for any
claim arising as a result of operation, ownership or use of the Site by the
Respondents, their agents, contractors, lessees, successors or assigns.
K. This Consent Order may not be modified without the written consent of the paiiies.
L. Except for obligations under Section IX. E., F. and I. above, this Consent Order shall
terminate when the Respondents receive written notice from the Division that all
activities required pursuant to this Consent Order have been completed to the
Division's satisfaction, whereupon the Respondents shall be entitled to the maximum
protection available under all applicable laws. The Respondents reserve any
.... ,.. available rights to contribution or cost recovery they have in connection with actual
cir threatened releases at the Site. ,,, ·
M. Within thirty (30) days following the date this Consent Order is entered into, the
Respondents shall tender lo the Division, by money order or cashier's check payable
to "NCDENR," $50,000.00 to fund Division oversight of assessment and remediation
hereunder. If the Division determines that the tendered amount is insufficient, the
Division shall make as many additional demands of the Respondents for oversight
costs as the Division determines are necessary, and the Respondents shall tender
payment as provided in the preceding sentence within thirty (30) days of receipt of
any such demand. The Division shall reimburse the Respondents any overage
remaining following termination of this Consent Order pursuant to paragraph IX.L.
above. The Division shall, subject to availability, provide $50,000.00 to address
contamination at this Site, as discussed with the Respondents. The Respondents shall
share with the Division any costs recovered from third paiiies, in proportion with the
relationship that the Division's $50,000.00 contribution bears to the costs incurred
by the Respondents, and after the Respondents deduct their proportionate expense of
recovering such costs.
T~rd;;~ed :n the 2.3 day of ;j'v-1(..J ;;;--
William L. Meyer, Directo~vision of Waste Management,
North Carolina Department of Environment and Natural Resources
15
, 2000.
By:
L. A. Sanderson, State Highway Administrator
North Carolina Department of Transportation
16
.. . 06/16/00
By:
08:58 FAX [phone].
Carey K. Tate~ President
June 16, 2000
PAULINE J METZGER • 141002
16
•
~ By: (
Van A. Welch
Title: Senior Vice President, Shared Services
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REl'LYTO:
Fred Lamar
Transportation Section
~b.de of ~ort~ C!taroliua
MICHAEL F. EASLEY
ATTORNEY GENERAL
David Mattison
North Carolina Superfund Section
401 Oberlin Road -Suite 150
Raleigh, NC 27605-1350
~•par!m,nl of 3]uolice
P.O. BOX 25201
RALEIGH, N. C. 27611
June 19, 2000
RE: Executed Administrative Order on Consent
Dear Mr. Mattison:
RECEIVED
2000 JUN 21 ___ _
SUPERFUND SECTION
[phone]
[phone]
FAX [phone]
Pursuant to instructions from Assistant Attorney General Robert Gelblum, please find
enclosed a signed, original executed Administrative Order on Consent (AOC) for the Gresham's
Lake Site, NCO 986 232 379. The agreement was signed by Len Sanderson, NCDOT State
Highway Administrator, on Monday, June 19, 2000. I look forward to receiving a copy the
signature pages executed by the State.
lfyou require additional information, please do not hesitate to contact me at 733-3316.
/If 32534
cc: w/o enclosure
Len Sanderson, State Highway Administrator, NCDOT
David A. Allsbrook, Jr., Deputy Chief Engineer -Operations, NC DOT
T. Christopher Niver, Environmental Engineer, NCDOT
w/ enclosure
R. Howard Grubbs, Esq., Womble Carlyle Sandridge & Rice, PLLC
Susan Ponce, Esq., Halliburton Law Department
Dan Steinway, Esq., Kelly Drye
Bill Perry
An Equal Opportunity/ Affirmative Action Employer
IN RE:
• •
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
SUPERFUND SECTION
GRESHAM'S LAKE SITE
NCD 986 232 379
RALEIGH, NORTH CAROLINA
WAKECOUNTY
ADMINISTRATIVE ORDER ON CONSENT
FOR STA TE-DIRECTED ASSESSMENT
AND REMEDIAL ACTION
PURSUANT TO N.C.G.S. 130A-310.9(b)
DOCKET NUMBER 00-SF-186
The following constitutes the agreement of the parties hereto. The North Carolina
Department of Transportation, REA Construction Company, and Kellogg Brown & Root, Inc.,
successor in interest to Halliburton Industrial Services (the Respondents neither admit nor deny any
Finding of Fact or Conclusion of Law set forth in this Administrative Order on Consent (Consent
Order), but shall not challenge any such finding or conclusion in connection with this Consent Order.
I. ,JURISDICTION
This Consent Order is entered into under authority vested in the Secretary of the
North Carolina Department of Environment and Natural Resources (Department) by North
Carolina's Inactive Hazardous Sites Response Act of 1987 (the Act), which constitutes Part
3, Article 9 of Chapter 130A of the North Carolina General Statutes (N.C.G.S.). N.C.G.S.
130A-310, et seq. The Secretary of the Department has delegated this authority to the
Director of the North Carolina Division of Waste Management (Director).
II. ST A TEMENT OF PURPOSE
This Consent Order is entered into for the purpose of addressing the hazardous
substance or waste disposal site (the Site) defined in Section III. A. of this Consent Order.
In entering into this Consent Order, the objective of the Division of Waste Management
(Division) and the Respondents is for the Respondents to implement a voluntary remedial
action program approved by the Division involving: (1) preparation of a Remedial
Investigation Plan to evaluate the extent of contamination; (2) implementation of the
Remedial Investigation Plan; (3) preparation of a Remedial Action Plan to evaluate
alternatives for meeting remediation goals; and (4) implementation of the approved Remedial
Action Plan.
lll. FINDINGS OF FACT
A. The Site is in an area of northern Raleigh, North Carolina, that lies between U.S.
Highway 1 to the east, Old Wake Forest Road to the south, Litchford Road to the
• •
west and Durant Road to the north. As currently delineated, it is depicted on a survey
plat attached hereto. The Site includes property owned, as of May 3, 2000, by Able
Manufacturing, Inc. (Able) at 3220 Northside Dr., property owned by REA
Construction Company (REA) at 3010 Gresham's Lake Road, property owned by
Frank A. Billings, ct fil. at 3200 Northside Dr., property owned by David S. Wilson
on Northside Drive, property owned by Erwin Winz and wife, Burgunde E. Winz at
3219 Northside Dr., and any additional area which has become contaminated as a
result of hazardous substances or waste disposed at properties comprising part of the
Site.
B. From the late 1970s until 1989, the portion of the Site currently owned by Able was
owned by South State Industries, Inc. (South State), which manufactured tools and
dies there. When South State sold the property to Able in 1989, it removed a large
pile of metal turnings that had accumulated behind the plant building. From 1989
until it entered bankruptcy in 1993, Able operated a metal fabricating facility on that
portion of the Site. According to a former employee of both South State and Able,
both companies used trichloroethylenc in their operations.
C. On its portion of the Site, REA has manufactured asphalt under contract to the NC
Department of Transportation (DOT) since 1970. There, from 1970-1996, DOT
tested the asp ha! t for aggregate content using chlorinated hydrocarbons such as 1, I, I
trichloroethane, carbon tetrachloride and trichloroethylene. This property was among
those at which DOT determined, in a 1989 assessment of properties where it had
conducted such testing, that decomposed constituents of chlorinated hydrocarbons
rema111.
D. Halliburton Industrial Services (Halliburton) used chemicals at its facility at the Site.
groundwater monitoring and soil sampling on the former Halliburton property has
shown the presence of several chlorinated hydrocarbons. Concern on the part of the
North Carolina Groundwater Section (Groundwater Section) led to removal in 1990
of a leaking above-ground diesel fuel storage tank at the Halliburton facility by
A TEC Environmental Services.
E. In 1992, soil sampling at the Site by the Groundwater Section revealed the presence
of 1,4-diehlorobenzene, chlorobenzcne, 1,3-dicholorobenzene, naphthalene,
1,2,4-tricholorbenzene, 2-chlorotoluene, trichloroethene, cis-1, 1-dichloroethene,
p-isopropyl toluene, and tert-butyl benzene. During a 1998 Expanded Site Inspection
(ES!) by the Superfund Section, a limited soil investigation revealed benzo(b or
k)fluoranthene and/or acetone at the Site.
F. Previous groundwater sampling in the vicinity of the Site by the Groundwater
Section and the Wake County Health Department revealed contaminated drinking
water wells at several businesses, including Able, Halliburton facility, REA, Billings
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& Garrett, Inc. and Charlie Brown's Catering Service. Further sampling during the
ES! revealed the presence of vinyl chloride and 1,2-dichloroethene in Abie's drinking
water well. Acetone, 1,2-dichloroethene and methyl butyl ketone were detected in
the drinking water well on the above-referenced Winz property, which is where
Halliburton operated. Several monitoring wells in the area were found to contain
significant levels of vinyl chloride, 1,2-dichloroethene, I, 1-dichloroethene,
chloroform and 1, I, I ,-trichloroethane.
IV. CONCLUSIONS OF LAW
A. The substances identified in Sections 111.E. and F. above are hazardous substances
as defined in the Comprehensive Environmental Response, Compensation and
Liability Act/Superfund Amendments and Reauthorization Act, 42 U.S.C. Section
9601 el seq., and are thus such substances for purposes of the Act pursuant to
N.C.G.S. 130A-310(2).
B. Disposal of hazardous substances referred to in the preceding paragraph has occurred
at the Site within the meaning ofN.C.G.S. l 30A-3 l 0(3) pursuant to N.C.G.S. l 30A-
290(a)(6).
C. The Site is an inactive hazardous substance or waste disposal site for purposes of the
Act pursuant to N.C.G.S. l 30A-3 l 0(3).
D. Each of the Respondents is an owner, operator, or other responsible party in relation
to the Site within the meaning ofN.C.G.S. l 30A-3 l 0.9, pursuant to N.C.G.S. J 30A-
3 l 0( 4), -310(5), -310(9), and-310.7.
E This Consent Order is authorized pursuant to the power of the Secretary under
N.C.G.S. I 30A-3 l 0.9(b), and by delegation the Director, to enter into agreements
with owners, operators, or other responsible parties for implementation of voluntary
remedial action programs as to· inactive hazardous substance or waste disposal sites
in accordance with remedial action plans approved by the Department.
V. WORK TO BE PERFORMED
All work performed pursuant to plans approved under this Consent Order shall
comply with the current U.S. Environmental Protection Agency (EPA) Region IV,
Environmental Investigations Standard Operating Procedures and Oualitv Assurance Manual
and the current Inactive Hazardous Sites Program Guidelines for Assessment and Cleanup.
A. Within ninety (90) days after the execution of this Consent Order, the Respondents
shall submit to the Division two (2) copies of a Remedial Investigation Plan
(Investigation Plan) organized in sections corresponding to the following items and
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including at least:
I. Site location information including site street address, longitude and latitude,
and site and surrounding property land use.
2. A summary of all management practices employed at the Site for hazardous
wastes and any wastes that may have contained hazardous substances,
including a list of types and amounts of waste generated (with RCRA waste
codes), treatment and storage methods, and ultimate disposition of wastes; a
description of the facility's past and current RCRA status; the location and
condition of any vessels currently or previously used to store any chemical
products, hazardous substances or wastes; and a summary of the nature of all
on-site hazardous substance releases, including one-time disposals or spills.
3. United States Geological Survey topographic maps sufficient to display
topography within a one-mile radius of the Site.
4. A site survey plat (prepared and certified by a Professional Land Surveyor)
including scale; benchmarks; north arrow; locations of property boundaries,
buildings, structures, all perennial and non-perennial surface water features,
drainage ditches, dense vegetation, known and suspected spill or disposal
areas, underground utilities, storage vessels, existing on-site wells; and
identification of all adjacent property owners and land usage.
5. A description of local geologic and hydrogeologic conditions.
6. Inventory and map of all wells, springs, and surface-water intakes used as
sources of potable water within a one-half mile radius of the center of the
Site. If the Site is greater than one hundred (100) acres in size, the inventory
and map must cover a one-mile radius from the center of each source area.
7. Identification of environmentally sensitive areas on and adjacent to the Site
including:
State Parks
Areas Important to Maintenance of Unique Natural Communities
Sensitive Areas Identified Under the National Estuary Program
Designated State Natural Areas
State Seashore, Lakeshore and River Recreational Areas
Rare species(state and federal Threatened and Endangered)
Sensitive Aquatic Habitat
State Wild and Scenic Rivers
National Seashore, Lakeshore and River Recreational Areas
National Parks or Monuments
Federal Designated Scenic or Wild Rivers
Designated and Proposed Federal Wilderness and Natural Areas
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National Preserves and Forests
Federal Land designated for the protection of Natural Ecosystems
Critical Areas Identified Under the Clean Lakes Program
State-Designated Areas for Protection or Maintenance of Aquatic Life
State Preserves and Forests
Terrestrial Areas Utilized for Breeding by Large or Dense Aggregations of Animals
National or State Wildlife Refuges
Marine Sanctuaries
National and State Historical Sites
Areas Identified Under Coastal Protection Legislation
Coastal Barriers or Units ofa Coastal Barrier Resources System
Spawning Areas Critical for the Maintenance of Fish/Shellfish Species within
River, Lake or Coastal Tidal Waters
Migratory Pathways and Feeding Areas Critical for Maintenance of Anadromous
Fish Species within River Reaches or Areas in Lakes or Coastal Tidal Waters
in which such Fish Spend Extended Periods of Time
State Lands Designated for Wildlife or Game Management
Wetlands
8. A chronological listing of all previous owners and each period of ownership
since the Site was originally developed from pristine land.
9. Operational history with aerial photographs and Sanborne Fire Insurance
maps to support land-use history.
10. A list of all hazardous substances which have been used or stored at the Site,
and approximate amounts and dates of use or storage as revealed by available
written documentation and interviews with a representative number of former
and current employees or occupants possessing relevant information.
1 1. Site environmental permit history, including copies of all federal, state, and
local environmental permits, past and present, issued to the Respondents or
within the Respondents' custody or control.
12. A summary of all previous and ongoing environmental investigations and
environmental regulatory involvement with the Site, and copies of all
associated reports and laboratory data.
13. Proposed procedures for characterizing site geologic and hydrogeologic
conditions and identifying and delineating each contamination source as to
each affected environmental medium, including any plan for special
assessment such as a geophysical survey.
14. Proposed methods, locations, depths of, and justification for, all sample
collection points for all media sampled, including monitoring well locations
and anticipated screened intervals.
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15. Proposed field and laboratory procedures for quality assurance/quality
control.
16. Proposed analytical parameters and analytical methods for all samples.
17. A contact name, address and telephone number for the principal consultant
and laboratory, and qualifications and certifications of all consultants,
laboratories and contractors expected to perform work in relation to this work
plan. Any laboratory retained must currently be either certified to analyze
applicable certifiable parameters under Title I SA of the North Carolina
Administrative Code, Subchapter 2H, Section .0800, or be a contract
laboratory under the EPA Contract Laboratory Program.
18. Equipment and personnel decontamination procedures.
19. A health and safety plan that conforms to OSHA requirements and assures
that the health and safety of nearby residential and business communities will
not be adversely affected by activities related to the remedial investigation.
20. A proposed schedule for site activities and reporting.
21. Any other information required by the Division or considered relevant by the
remediating party.
22. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
23. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying this
certification is true, accurate and complete."
24. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
B. Within thirty (30) days of receiving notice from the Division of any deficiency in the
Investigation Plan, the Respondents shall submit to the Division information or
material sufficient to correct such deficiency.
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• • C. The Respondents shall begin the Remedial Investigation no sooner than receiving
written approval of the Investigation Plan from the Division, nor later than thirty (30)
days thereafter.
D. Within one hundred twenty ( 120) days of receiving written approval of the
Investigation Plan from the Division,the Respondents shall submit to the Division
two (2) copies of a Remedial Investigation Report documenting implementation of
the approved Investigation Plan, organized in sections corresponding to the following
items and including at least:
I. A narrative description of how the investigation was conducted, including a
discussion of any variances from the approved work plan.
2. A description of groundwater monitoring well design and installation
procedures, including drilling methods used, completed drilling logs, "as
built" drawings of all monitoring wells, well construction techniques and
materials, geologic logs, and copies of all well installation permits.
3. A map, drawn to scale, showing all soil, surface water and sediment sample
locations and monitoring well locations in relation to known disposal areas
or other sources of contamination. Monitoring wells must be surveyed to a
known benchmark. Soil sample locations must be surveyed to a known
benchmark (use of differentially corrected GPS is permissible) or flagged
with a secure marker until after the remedial action is completed. Monitoring
well locations and elevations must be surveyed by a Professional Land
Surveyor.
4. A description of all laboratory quality control and quality assurance
procedures followed during the remedial investigation.
5. A description of procedures used to manage drill cuttings, purge water and
decontamination water.
6. A summary of site geologic conditions, including a description of soils and
vadose zone characteristics.
7. A description of site hydrogeologic conditions (if groundwater assessment is
detem1ined to be necessary), including current uses of groundwater, notable
aquifer characteristics, a water table elevation contour map with groundwater
flow patterns depicted, tabulated groundwater elevation data, and a
description of procedures for measuring water levels.
8. Tabulation of analytical results for all sampling (including sampling dates
and soil sampling depths) and copies of all laboratory reports (including
QA/QC support data referenced to specific samples).
7
• • 9. Soil, groundwater, surface water and sediment contaminant delineation maps
and cross sections, including scale and sampling points with contaminant
concentrations.
I 0. A description of procedures and the results of any special assessments such
as geophysical surveys, immunoassay testing (EPA SW-846 4000 series
methods), soil gas surveys, or test pit excavations.
11. Copies of all field logs and notes, and color copies of site photographs.
12. A demonstration, supported by sampling data, that the areal and vertical
extent of hazardous substance contamination in each affected medium has
been delineated to the Division's satisfaction in accordance with the current
version of the Division's Inactive Hazardous Sites Program Guidelines for
Assessment and Cleanup.
13. Any other information required by the Division or considered relevant by the
remediating party.
14. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
15. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying this
certification is true, accurate and complete."
I 6. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
E. Within thirty (30) days of receiving notice from the Division of any deficiency in the
Remedial Investigation Report, the Respondents shall submit to the Division
information or material sufficient to correct such deficiency. When the Division
determines that the Remedial Investigation is complete, the Division will notify the
Respondents in writing.
F. Should additional remedial investigation work phases be necessary, the Respondents
shall submit the subsequent work phase investigation plan within thirty (30) days of
receiving notice from the Division of the additional work phase required. The
requirements for the submittal and content of plans and reports under paragraphs
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• • V.A., B., C., D. and E. shall apply to subsequent work plans and reports except
where, in the Division's sole discretion, the submission of such would duplicate a
previous submittal.
G. If the Division determines that hazardous substances or waste disposed at the Site
have affected any drinking water wells, the Respondents shall, by a deadline
established by the Division, provide an alternate drinking water source for users of
those wells.
H. Following the Respondents' completion of the Remedial Investigation, the Division
will ascertain preliminary remediation goals for each contaminated medium at the
Site. The Respondents shall use the Division's remediation goals to develop remedial
alternatives in the Remedial Action Plan, as described in Section V. I. of this Consent
Order.
I. Within ninety (90) days of receiving written notice from the Division that the
Remedial Investigation is complete and that remedial action is necessary, the
Respondents shall submit to the Division two (2) copies of their proposed Remedial
Action Plan for cleanup of all contaminated media at the Site, organized in sections
corresponding to the following items and including at least:
•
I. A statement of objectives for the Remedial Action .
2. A listing of potentially applicable technologies.
3. An evaluation of remedial alternatives using the following feasibility study
criteria:
a. Protection of human health and the environment, including attainment of
remediation goals.
b. Compliance with applicable federal, State and local regulations.
c. Long-term effectiveness and permanence.
d. Reduction of toxicity, mobility and volume.
e. Short-term effectiveness: effectiveness at minimizing the impact of the
site remediation on the environment and the local community.
f. Implementability: technical and logistical feasibility, including an
estimate of time required for completion.
g. Cost.
h. Community acceptance.
4. A detailed description of the Respondents' preferred remedial alternative for
each contaminated medium, from among the alternatives evaluated, including
an evaluation of potential impact to any sensitive environments identified on
or near the Site and construction designs and specifications (any proposed
treatment technology may require on-site testing or bench-scale testing of site
waste to verify its effectiveness).
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• • 5. A description of all activities that are necessary to ensure that the proposed
method(s) of remedial action is (are) implemented in compliance with
applicable laws and regulations and that remediation goals established
hereunder are met. These activities include, but are not limited to, well
installation and abandonment, sampling, run-on/run-off control, and
discharge of treated waste streams.
6. The results of any treatability studies or site characteriwtion work conducted
in support of the.proposed Remedial Action Plan.
7. A description of any proposed treatability studies or additional site
characterization work needed to support the remedial design.
8. A description of methods of post-remedial and confirmatory sampling, and
any necessary maintenance.
9. A health and safety plan that confom1s to OSHA requirements and assures
that the health and safety of nearby residential and business communities will
not be adversely affected by activities related to the Remedial Action.
I 0. Equipment and personnel decontamination procedures.
11. A proposed schedule for completion of remedial design and for Remedial
Action construction, implementation and periodic sampling and reporting.
12. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
13. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the infom1ation contained in or accompanying this
certification is true, accurate and complete."
14. If this document includes any work that would constitute the "practice of
engineering" as rdefined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
J. The Respondents shall provide to the Division the number of additional copies of the
proposed Remedial Action Plan determined by the Division to be required for
distribution to the local health director, register of deeds, and each public library in
the county where the Site is located, if requested by the Division. The Division shall
IO
• • also mail notice of the Remedial Action Plan to those who have requested notice that
such plans have been developed, as provided in N.C.G.S. 130A-310.4(c)(2). The
Division will not approve the Remedial Action Plan until at least thirty (30) days
after public notice was provided.
K. Within thirty (30) days of receiving notice from the Division of any deficiency in the
Remedial Action Plan, the Respondents shall submit to the Division information or
material sufficient to correct such deficiency.
L. The Respondents shall begin implementation of the Remedial Action Plan no sooner
than receiving written approval from the Division nor later than sixty (60) days
thereafter.
M. Any requests for modifications of the approved Remedial Action Plan must be
submitted in writing to the Division, and may not be incorporated or implemented
unless and until approved in writing by the Division.
N. The Respondents shall provide to the Division: quarterly reports during groundwater
remedial action, any soil and waste remedial action greater than one (l) month in
duration, and any necessary post-remedial maintenance; and a final report with
confirmatory sample data documenting complete implementation of the approved
Remedial Action Plan. The quarterly reports and final report should include, without
limitation, complete "as-built" drawings and specifications of all remedial action
systems; tabulated laboratory data; the location and depth of samples collected; a
description of all field and laboratory quality control/quality assurance procedures;
and legible and complete copies of all records of periodic system inspections,
laboratory reports, waste manifests and chain of custody documentation generated
during the reporting period. Quarterly reports shall be provided by the tenth day after
each quarter concludes, with the first quarter commencing on the date of written
approval of the Remedial Action Plan by the Division. The final report shall be
provided within one (1) month following complete implementation of the approved
Remedial Action Plan. All progress reports and the final report shall include a
certification under oath by a corporate official in charge of a principal business
function of one of the Respondents stating: "To the best of my knowledge, after
thorough investigation, I certify that the information contained in or accompanying
this certification is true, accurate and complete." In addition, all progress reports and
the final report shall include a certification under oath by the consultant responsible
for the day to day remedial activities stating: "To the best of my knowledge, after
thorough investigation, I certify that the information contained in or accompanying
this certification is true, accurate and complete." If the document includes any work
which would constitute the "practice of engineering" as defined by N.C.G.S. 89C, the
signature and seal of a professional engineer must be included. If the document
includes any work which would constitute the "public practice of geology" as defined
by N.C.G.S. 89E, the signature and seal ofa licensed geologist is required. Within
thirty (30) days of receiving notice from the Division of any deficiency in the reports
required by this paragraph or in the implementation of the plans required by this
I I
• • Consent Order, the Respondents shall submit to the Division information or material
sufficient to demonstrate correction of such deficiencies.
0. If the Division determines that conditions so warrant, the Respondents shall submit,
for the Division's approval, a survey plat for recordation that complies with N.C.G.S.
I 30A-310.8(a), or provide information obtained through the investigation to the
Site's owners so as to allow them to submit such a plat.
VI. SAMPLING, ACCESS, AND DATA/DOCUMENT AVAILABILITY
A. The Division or its representatives may take split or duplicate samples of any samples
collected by the Respondents pursuant to this Consent Order. The Respondents shall
notify the Division not less than ten (10) days in advance of any field activity. This
notification may be given verbally in the field by the Respondents to the Division.
B. The Division or its representatives may conduct any field activity it deems
appropriate in relation to the Site. The Respondents may take split or duplicate
samples of any samples collected by the Division during such field activity.
C. While this Consent Order is in effect, Division personnel and their representatives
may, in addition to exercising any related legal rights, enter the Site without notice
at all times and, while present: review the progress of activities required by this
Consent Order; conduct such tests as the Division deems necessary; verify the data
submitted to the Division by the Respondents; inspect and copy any and all records,
files, photographs, operating logs, contracts, san1pling and monitoring data, and other
documents relating in any way to this Consent Order; and otherwise assess the
Respondents' compliance with this Consent Order. All parties with access to the Site
pursuant to this paragraph shall comply with all approved health and safety plans and
shall be liable for their own negligence and intentional misconduct.
D. Unless a confidentiality claim covering information provided under this Consent .
Order is made pursuant to law and adequately substantiated when the information is
submitted, such information may be made available to the public by the Division
without further notice to the Respondents. The Respondents agree that under no
circumstances shall analytical data generated pursuant to this Consent Order be
considered confidential.
E. The Respondents waive any objections to the admissibility into evidence (but not
objections as to the weight) of the results of any analyses of sampling conducted by
or for the Respondents at the Site or of other data gathered pursuant to this Consent
Order.
r. If the Respondents are unable by reasonable efforts to gain access to other property
as necessary pursuant to this Consent Order, the Division shall assist the Respondents
in obtaining access.
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• • VII. DELAY IN PERFORMANCE
As soon.as the Respondents are aware of the potential for delay, it shall submit to the
Division written documentation of the reasons for the delay and the efforts made by the
Respondents to avoid the delay, as well as a time by which such work can be completed. The
Division shall review the documentation and shall promptly approve the new schedule if
good cause is shown. Good cause may include, but is not limited to, extraordinary weather,
natural disasters and national emergencies. At a minimum, good cause does not include
normal inclement weather, increases in the cost of work to be performed under this Consent
Order, financial difficulty for the Respondents in performing such work, failure by the
Respondents to satisfy its obligations under this Consent Order (whether evidenced by a
notice of deficiency or not), the pendency of dispute resolution, acts or omissions of the
Respondents' contractors or representatives not otherwise constituting good cause, and failure
by the Respondents or their contractors or representatives to make complete and timely
application for any required approval or permit. The burden of demonstrating good cause
for delay, and that the delay proposed is warranted, is the Respondents'.
VIII. DISPUTE RESOLUTION
If the Respondents wish to dispute any decision of the Division made pursuant to this
Consent Order and cannot resolve the matter through informal negotiations, it shall, within
fourteen (14) days of being notified of such decision, submit to the Division a written
statement of the grounds for its dispute and of the decision it advocates. Within a reasonable
period following its receipt of such a written statement, the Division shall issue a written
decision on the disputed matter. Within fourteen (14) days of receiving the Division's written
decision on the dispute, the Division shall have received from the Respondents a written
statement as to whether the Respondents shall abide by the decision. If the Division does not
receive such a statement, or the statement is to the effect that the Respondents shall not abide
by the decision on the dispute, this Consent Order shall be deemed dissolved. In that event,
the Division shall retain all its applicable enforcement rights against the Respondents, and
the Respondents shall retain all applicable defenses. The Respondents' invocation of dispute
resolution shall not alone excuse noncompliance with this Consent Order or any requirement
established pursuant thereto.
IX. ADDITIONAL PROVISIONS
A. All documents submitted to the Division pursuant to this Consent Order shall be sent
by certified mail, return receipt requested, by Federal Express or other equivalent
overnight service, or hand delivered to:
David Mattison
North Carolina Superfund Section
401 Oberlin Road -Suite 150
Raleigh, NC 27605-1350
The Division will direct all correspondence related to this Consent Order to:
13
William (Bill) R. Perry II
P.O. Box 504
Kernersville, NC 27285-0504
•
B. This Consent Order shall be binding upon, and inure to the benefit of, the
Respondents, their agents, successors and assigns. Each of the signatories for the
Respondents to this Consent Order certifies that he/she is authorized to execute and
legally bind the Remediator he/she represents as to this Consent Order.
C. The Respondents shall provide a copy of this Consent Order to each contractor or
other person or entity retained to perform any work under this Consent Order within
seven (7) days after the effective date of this Consent Order or the date of retaining
their services, whichever is later. The Respondents shall condition any such
contracts upon satisfactory compliance with this Consent Order. Notwithstanding
the tenns of any contract, the Respondents are responsible for compliance with this
Consent Order and for ensuring that such contractors or other persons or entities
comply with this Consent Order.
D. This Consent Order notwithstanding, the Division retains all its authority regarding
inactive hazardous substance or waste disposal sites in relation to the Site.
E. In the event the Division detennines the Respondents are in violation of this Consent
Order or requirements established pursuant thereto, the Division may: order the
Respondents to remedy the violation(s) or temporarily or permanently halt
implementation of this Consent Order; conduct part or all of the remediation itself
and seek cost recovery; and/or take any other action within the Division's
enforcement authority regarding inactive hazardous substance or waste disposal sites.
F. To protect the public health or the environment, the Division may order a temporary
or permanent halt to implementation of this Consent Order, or order actions within
its authority regarding inactive hazardous substance or waste disposal sites in
addition to or other than those required hereunder.
G. All actions required pursuant to this Consent Order shall be in accordance with
applicable local, state and federal laws and regulations, unless an exemption
regarding particular state or local laws or regulations is specifically provided in this
Consent Order now or later.
H. The Respondents agree to indemnify and save and hold harmless the State of North
Carolina, and its agencies, departments, officials, agents, employees, contractors and
representatives, from any and all claims or causes· of action arising from or on
account of acts or omissions of the Respondents or their officers, employees,
receivers, trustees, agents, or assigns in carrying out actions required pursuant to this
Consent Order. Neither the State of North Carolina nor any agency or representative
thereof, except DOT, may be held to be a party to. any contract involving the
Respondents relating to the Site.
14
By:
By:
• • K. This Consent Order may not be modified without the written consent of the
parties.
L. Except for obligations under Section IX. E., F. and I. above, this Consent Order
shall terminate when the Respondents receive written notice from the Division
that all activities required pursuant to this Consent Order have been completed to
the Division's satisfaction, whereupon the Respondents shall be entitled to the
maximum protection available under all applicable laws. The Respondents
reserve any available rights to contribution or cost recovery they have in
connection with actual or threatened releases at the Site.
M. Within thirty (30) days following the date this Consent Order is entered into, the
Respondents shall tender to the Division, by money order or cashier's check
payable to "NCDENR," $50,000.00 to fund Division oversight of assessment and
remediation hereunder. If the Division determines that the tendered amount is
insufficient, the Division shall make as many additional demands of the
Respondents for oversight costs as the Division determines are necessary, and the
Respondents shall tender payment as provided in the preceding sentence within
thirty (30) days of receipt of any such demand. The Division shall reimburse the
Respondents any overage remaining following termination of this Consent Order
pursuant to paragraph IX.L. above. The Division shall, subject to availability,
provide $50,000.00 to address contamination at this Site, as discussed with the
Respondents. The Respondents shall share with the Division any costs recovered
from third parties, in proportion with the relationship that the Division's
$50,000.00 contribution bears to the costs incurred by the Respondents, and after
the Respondents deduct their proportionate expense of recovering such costs.
This Consent Order is entered into on the ___ day of _______ , 2000.
William L. Meyer, Director, Division of Waste Management,
North Carolina Department of Environment and Natural Resources
_____________ [Typed or handwritten name of signatory and title]
North Carolina Department of Transportation
16
By:
L. A. Sanderson, State Highway Administrator
North Carolina Department of Transportation
16
• •
By:
____________ [Typed or handwritten name of signatory and title] REA Construction Company
17
• •
By:
_____________ [Typed or handwritten name of signatory and title] Kellogg Brown & Root, Inc. ,
18
WOMBLE ..
CARIXLE,.
5ANDR1DGE
& RlCE
A rRnrESSlilNAL Ll1'11'1 Ul
LIAlllLIT'I Ct)MPANY
Mr. David Mattison
•
uiie700 •
04 South Main Street
Greenville, SC 2960 I
Mailin_[; Address:
Post Office Box I 0208
Greenville, SC 29603-020"1/Ec,~
Telephone: [phone] c.,,VI:t[J)
Fax: (86·t) 255-5440
JUN 19 20oo
J u1{1JJflf/2UJ1Qo SEcr10N
North Carolina Superfund Section
401 Oberlin Road, Suite 150
Raleigh, NC 27605-1530
Re: Gresham's Lake Site/Docket Number 00-SF-186
Dear Dave:
R. Howard Grubbs
Direct Dial: (864) 255-54 I 3
Direct Fax: [phone]
E-mail: [e-mail]
Enclosed please find a facsimile signifying Rea Construction's consent to the Gresham's
Lake AOC. The signature page's effectiveness is conditioned upon receipt of similar signature
pages from NCDOT and Kellogg Brown & Root, Inc. As soon as I receive a hard copy, I will
forward it to your attention.
Should you have any questions, please feel free to give me a call.
I I
V
rubbs
Womble, Carlyle, Sandridge & Rice
RHG:scc
Enclosure
a Professional Limited Liability Company
Cc: Mr. William R. Perry (w/encl.)
Mr. Daniel Havener (w/encl.)
Susan Ponce, Esq. (w/encl.)
Daniel Steinway, Esq. (w/encl.)
ATLANTA I GREENVILLE. SC/ CHARLOTTE I WINSTON-SALEM/ RESEARCH TRIANGLE PARK/ RALEIGH/ WASIIINGTON,DC
___ 0_6/16/00 08: 58 FAX [phone].
By:
Carey K. Tate. President
June 16, 2000
PA UL! NE J l!ETZGER • 1/lJ 002
16
IN RE:
• •
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
. SUPERFUND SECTION
ORDER ON
CONSENT
GRESHAM'S LAKE SITE
NCD 986 232 379
ADMINISTRATIVE
FOR
ASSESSMENT
RALEIGH, NORTH CAROLINA
WAKECOUNTY
STATE-DIRECTED
AND REMEDIAL ACTION
PURSUANT TO N.C.G.S. 130A-3I0.9(h)
DOCKET NUMBER 00-SF-186
The following constitutes the agreement of the parties hereto. The North Carolina
Department of Transportation, REA Construction Company, and Kellogg Brown & Root, Inc.,
successor in interest to Halliburton Industrial Services (the Respondents neither admit nor deny
any Finding of Fact or Conclusion of Law set forth in this Administrative Order on Consent
(Consent Order), but shall not challenge any such finding or conclusion in connection with this
Consent Order.
I. JURISDICTION
This Consent Order is entered into under authority vested in the Secretary of the
North Carolina Department of Environment and Natural Resources (Department) by
North Carolina's Inactive Hazardous Sites Response Act of 1987 (the Act), which
constitutes Part 3, Article 9 of Chapter 130A of the North Carolina General Statutes
(N.C.G.S.). N.C.G.S. 130A-310, et seq. The Secretary of the Department has delegated
this authority to the Director of the North Carolina Division of Waste Management
(Director).
II. STATEMENT OF PURPOSE
This Consent Order is entered into for the purpose of addressing the hazardous
substance or waste disposal site (the Site) defined in Section II I. A. of this Consent Order.
In entering into this Consent Order, the objective of the Division of Waste Management
(Division) and the Respondents is for the Respondents to implement a voluntary remedial
action program approved by the Division involving: (I) preparation of a Remedial
Investigation Plan to evaluate the extent of contamination; (2) implementation of the
Remedial Investigation Plan; (3) preparation of a Remedial Action Plan to evaluate
alternatives for meeting remediation goals; and (4) implementation of the approved
Remedial Action Plan.
• •
III. FINDINGS OF FACT
A. The Site is in an area of northern Raleigh, North Carolina, that lies between U.S.
Highway 1 to the east, Old Wake Forest Road to the south, Litchford Road to the
west and Durant Road to the north. As currently delineated, it is depicted on a
survey plat attached hereto. The Site includes property owned, as of May 3, 2000,
by Able Manufacturing, Inc. (Able) at 3220 Northside Dr., property owned by
REA Construction Company (REA) at 3010 Gresham's Lake Road, property
owned by Frank A. Billings, et al. at 3200 Northside Dr., property owned by
David S. Wilson on Northside Drive, property owned by Erwin Winz and wife,
Burgunde E. Winz at 3219 Northside Dr., and any additional area which has
become contaminated as a result of hazardous substances or waste disposed at
properties comprising part of the Site.
B. From the late 1970s until 1989, the portion of the Site currently owned by Able
was owned by South State Industries, Inc. (South State), which manufactured
tools and dies there. When South State sold the property to Able in 1989, it
removed a large pile of metal turnings that had accumulated behind the plant
building. From 1989 until it entered bankruptcy in 1993, Able operated a metal
fabricating facility on that portion of the Site. According to a former employee of
both South State and Able, both companies used trichloroethylene in their
operations.
C. On its portion of the Site, REA has manufactured asphalt under contract to the NC
Department of Transportation (DOT) since 1970. There, from I 970-1996, DOT
tested the asphalt for aggregate content using chlorinated hydrocarbons such as
1, 1, 1 trichloroethane, carbon tetrachloride and trichloroethylene. This property
was among those at which DOT determined, in a I 989 assessment of properties
where it had conducted such testing, that decomposed constituents of chlorinated
hydrocarbons remain.
D. Halliburton Industrial Services (Halliburton) used chemicals at its facility at the
Site. groundwater monitoring and soil sampling on the former Halliburton
property has shown the presence of several chlorinated hydrocarbons. Concern on
the part of the North Carolina Groundwater Section (Groundwater Section) led to
removal in 1990 of a leaking above-ground diesel fuel storage tank at the
Halliburton facility by A TEC Environmental Services.
E. In 1992, soil sampling at the Site by the Groundwater Section revealed the
presence of 1,4-dichlorobenzene, chlorobenzene, 1,3-dicholorobenzene,
naphthalene, 1,2,4-tricholorbenzene, 2-chlorotoluene, trichloroethene,
cis-1, 1-dichloroethene, p-isopropyl toluene, and tert-butyl benzene. During a
1998 Expanded Site Inspection (ES!) by the Superfund Section, a limited soil
investigation revealed benzo(b or k)fluoranthene and/or acetone at the Site.
• •
F. Previous groundwater sampling in the vicinity of the Site by the Groundwater
Section and the Wake County Health Department revealed contaminated drinking
water wells at several businesses, including Able, Halliburton facility, REA,
Billings & Garrett, Inc. and Charlie Brown's Catering Service. Further sampling
during the ES! revealed the presence of vinyl chloride and 1,2-dichloroethene in
Abie's drinking water well. Acetone, 1,2-dichloroethene and methyl butyl ketone
were detected in the drinking water well on the above-referenced Winz property,
which is where Halliburton operated. Several monitoring wells in the area were
found to contain significant levels of vinyl chloride, 1,2-dichloroethcne,
I, 1-dichloroethene, chloroform and I, I, I ,-trichloroethane.
IV. CONCLUSIONS OF LAW
A. The substances identified in Sections lll.E. and F. above are hazardous substances
as defined in the Comprehensive Environmental Response, Compensation and
Liability Act/Supcrfund Amendments and Reauthorization Act, 42 U.S.C. Section
9601 el seq., and arc thus such substances for purposes of the Act pursuant to
N.C.G.S. ! 30A-310(2).
B. Disposal of hazardous substances referred to in the preceding paragraph has
occurred at the Site within the meaning of N.C.G.S. 130A-310(3) pursuant to
N.C.G.S. 130A-290(a)(6).
C. The Site is an inactive hazardous substance or waste disposal site for purposes of
the Act pursuant to N.C.G.S. 130A-3 I 0(3).
D. Each of the Respondents is an owner, operator, or other responsible party 111
relation to the Site within the meaning of N.C.G.S. 130A-310.9, pursuant to
N.C.G.S. ! 30A-310( 4), -310(5), -310(9), and -310. 7.
E. This Consent Order is authorized pursuant to the power of the Secretary under
N.C.G.S. 130A-310.9(b), and by delegation the Director, to enter into agreements
with owners, operators, or other responsible parties for implementation of
voluntary remedial action programs as to inactive hazardous substance or waste
disposal sites in accordance with remedial action plans approved by the
Department.
V. WORK TO BE PERFORMED
All work performed pursuant to plans approved under this Consent Order shall
comply with the current U.S. Environmental Protection Agency (EPA) Region IV,
Environmental Investigations Standard Operating Procedures and Quality Assurance
Manual and the current Inactive Hazardous Sites Program Guidelines for Assessment and
3
• •
Cleanup.
A. Within ninety (90) days after the execution of this Consent Order, the
Respondents shall submit to the Division two (2) copies of a Remedial
Investigation Plan (Investigation Plan) organized in sections corresponding to the
following items and including at least:
I. Site location information including site street address, longitude and
latitude, and site and surrounding property land use.
2. A summary of all management practices employed at the Site for
hazardous wastes and any wastes that may have contained hazardous
substances, including a list of types and amounts of waste generated (with
RCRA waste codes), treatment and storage methods, and ultimate
disposition of wastes; a description of the facility's past and current RCRA
status; the location and condition of any vessels currently or previously
used to store any chemical products, hazardous substances or wastes; and a
summary of the nature of all on-site hazardous substance releases,
including one-time disposals or spills.
3. United States Geological Survey topographic maps sufficient to display
topography within a one-mile radius of the Site.
4. A site survey plat (prepared and certified by a Professional Land
Surveyor) including scale; benchmarks; north arrow; locations of property
boundaries, buildings, structures, all perennial and non-perennial surface
water features, drainage ditches, dense vegetation, known and suspected
spill or disposal areas, underground utilities, storage vessels, existing on-
site wells; and identification of all adjacent property owners and land
usage.
5. A description of local geologic and hydrogeologic conditions.
6. Inventory and map of all wells, springs, and surface-water intakes used as
sources of potable water within a one-half mile radius of the center of the
Site. If the Site is greater than one hundred (I 00) acres in size, the
inventory and map must cover a one-mile radius from the center of each
source area.
7. Identification of environmentally sensitive areas on and adjacent to the
Site including:
State Parks
4
• •
Areas Important to Maintenance of Unique Natural Communities
Sensitive Areas Identified Under the National Estuary Program
Designated State Natural Areas
State Seashore, Lakeshorc and River Recreational Areas
Rare species(state and federal Threatened and Endangered)
Sensitive Aquatic Habitat
State Wild and Scenic Rivers
National Seashore, Lakeshore and River Recreational Areas
National Parks or Monuments
Federal Designated Scenic or Wild Rivers
Designated and Proposed Federal Wilderness and Natural Areas
National Preserves and Forests
Federal Land designated for the protection of Natural Ecosystems
Critical Areas Identified Under the Clean Lakes Program
State-Designated Areas for Protection or Maintenance of Aquatic Life
State Preserves and Forests
Terrestrial Areas Utilized for Breeding by Large or Dense Aggregations of
Animals
National or State Wildlife Refuges
Marine Sanctuaries
National and State Historical Sites
Areas Identified Under Coastal Protection Legislation
Coastal Barriers or Units of a Coastal Barrier Resources System
Spawning Areas Critical for the Maintenance of Fish/Shellfish Species within
River, Lake or Coastal Tidal Waters
Migratory Pathways and Feeding Areas Critical for Maintenance of
Anadromous Fish Species within River Reaches or Areas in Lakes or
Coastal Tidal Waters in which such Fish Spend Extended Periods of Time
State Lands Designated for Wildlife or Game Management
Wetlands
8. A chronological listing of all previous owners and each period of
ownership since the Site was originally developed from pristine land.
9. Operational history with aerial photographs and Sanborne Fire Insurance
maps to support land-use history.
I 0. A list of all hazardous substances which have been used or stored at the
Site, and approximate amounts and dates of use or storage as revealed by
available written documentation. and interviews with a representative
number of former and current employees or occupants possessing relevant
information.
11. Site environmental permit history, including copies of all federal, state,
and local environmental permits, past and present, issued to the
Respondents or within the Respondents' custody or control.
12. A summary of all previous and ongoing environmental investigations and
5
• •
environmental regulatory involvement with the Site, and copies of all
associated reports and laboratory data.
13. Proposed procedures for characterizing site geologic and hydrogcologic
conditions and identifying and delineating each contamination source as to
each affected environmental medium, including any plan for special
assessment such as a geophysical survey.
14. Proposed methods, locations, depths of, and justification for, all sample
collection points for all media sampled, including monitoring well
locations and anticipated screened intervals.
15. Proposed field and laboratory procedures for quality assurance/quality
control.
16. Proposed analytical parameters and analytical methods for all samples.
17. A contact name, address and telephone number for the principal consultant
and laboratory, and qualifications and certifications of all consultants,
laboratories and contractors expected to perform work in relation to this
work plan. Any laboratory retained must currently be either certified to
analyze applicable certifiable parameters under Title 15A of the North
Carolina Administrative Code, Subchapter 2H, Section .0800, or be a
contract laboratory under the EPA Contract Laboratory Program.
18. Equipment and personnel decontamination procedures.
19. A health and safety plan that conforms to OSHA requirements and assures
that the health and safety of nearby residential and business communities
will not be adversely affected by activities related to the remedial
investigation.
20. A proposed schedule for site activities and reporting.
21. Any other information required by the Division or considered relevant by
the remediating party.
22. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
6
• • 23. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying
this certification is true, accurate and complete."
24. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any
work that would constitute the "public practice of geology" as defined by
N.C.G.S. 89E, the signature and seal of a licensed geologist is required.
B. Within thirty (30) days of receiving notice from the Division of any deficiency in
the Investigation Plan, the Respondents shall submit to the Division information
or material sufficient to correct such deficiency.
C. The Respondents shall begin the Remedial Investigation no sooner than receiving
written approval of the Investigation Plan from the Division, nor later than thirty
(30) days thereafter.
D. Within one hundred twenty (120) days of receiving written approval of the
Investigation Plan from the Division,the Respondents shall submit to the Division
two (2) copies of a Remedial Investigation Report documenting implementation
of the approved Investigation Plan, organized in sections corresponding to the
following items and including at least:
I. A narrative description of how the investigation was conducted, including
a discussion of any variances from the approved work plan.
2. A description of groundwater monitoring well design and installation
procedures, including drilling methods used, completed drilling logs, "as
built" drawings of all monitoring wells, well construction techniques and
materials, geologic logs, and copies of all well installation permits.
3. A map, drawn to scale, showing all soil, surface water and sediment
sample locations and monitoring well locations in relation to known
disposal areas or other sources of contamination. Monitoring wells must
be surveyed to a known benchmark. Soil sample locations must be
surveyed to a known benchmark (use of differentially corrected OPS is
permissible) or flagged with a secure marker until after the remedial action
is completed. Monitoring well locations and elevations must be surveyed
by a Professional Land Surveyor.
4. A description of all laboratory quality control and quality assurance
procedures followed during the remedial investigation.
7
• • 5. A description of procedures used to manage drill cuttings, purge water and
decontamination water.
6. A summary of site geologic conditions, including a description of soils
and vadose zone characteristics.
7. A description of site hydrogeologic conditions (if groundwater assessment
is determined to be necessary), including current uses of groundwater,'
notable aquifer characteristics, a water table elevation contour map with
groundwater flow patterns depicted, tabulated groundwater elevation data,
and a description of procedures for measuring water levels.
8. Tabulation of analytical results for all sampling (including sampling dates
and soil sampling depths) and copies of all laboratory reports (including
QA/QC support data referenced to specific samples).
9. Soil, groundwater, surface water and sediment contaminant delineation
maps and cross sections, including scale and sampling points with
contaminant concentrations.
I 0. A description of procedures and the results of any special assessments
such as geophysical surveys, immunoassay testing (EPA SW-846 4000
series methods), soil gas surveys, or test pit excavations.
11. Copies of all field logs and notes, and color copies of site photographs.
12. A demonstration, supported by sampling data, that the areal and vertical
extent of hazardous substance contamination in each affected medium has
been delineated to the Division's satisfaction in accordance with the
current version of the Division's Inactive Hazardous Sites Program
Guidelines for Assessment and Cleanup.
13. Any other information required by the Division or considered relevant by
the remediating party.
14. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
15. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, 1 certify that the information contained in or accompanying
this certification is true, accurate and complete."
8
• •
16. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any
work that would constitute the "public practice of geology" as defined by
N.C.G.S. 89E, the signature and seal ofa licensed geologist is required.
E. Within thirty (30) days of receiving notice from the Division of any deficiency in
the Remedial Investigation Report, the Respondents shall submit to the Division
information or material sufficient to correct such deficiency. When the Division
determines that the Remedial Investigation is complete, the Division will notify
the Respondents in writing.
F. Should additional remedial investigation work phases be necessary, the
Respondents shall submit the subsequent work phase investigation plan within
thirty (30) days of receiving notice from the Division of the additional work phase
required. The requirements for the submittal and content of plans and reports
under paragraphs V.A., B., C., D. and E. shall apply to subsequent work plans and
reports except where, in the Division's sole discretion, the submission of such
would duplicate a previous submittal.
G. If the Division determines that hazardous substances or waste disposed at the Site
have affected any drinking water wells, the Respondents shall, by a deadline
established by the Division, provide an alternate drinking water source for users
of those wells.
H. Following the Respondents' completion of the Remedial Investigation, the
Division will ascertain preliminary remediation goals for each contaminated
medium at the Site. The Respondents shall use the Division's remediation goals
to develop remedial alternatives in the Remedial Action Plan, as described in
Section V. I. of this Consent Order.
I. Within ninety (90) days of receiving written notice from the Division that the
Remedial Investigation is complete and that remedial action is necessary, the
Respondents shall submit to the Division two (2) copies of their proposed
Remedial Action Plan for cleanup of all contaminated media at the Site, organized
in sections corresponding to the following items and including at least:
I. A statement of objectives for the Remedial Action.
2. A listing of potentially applicable technologies.
3. An evaluation of remedial alternatives using the following feasibility study
criteria:
9
• • a. Protection of human health and the environment, including attainment
of remediation goals.
b. Compliance with applicable federal, State and local regulations.
c. Long-term effectiveness and permanence.
d. Reduction of toxicity, mobility and volume.
e. Short-term effectiveness: effectiveness at minimizing the impact of the
site remediation on the environment and the local community.
f. Implementability: technical and logistical feasibility, including an
estimate of time required for completion.
g. Cost.
h. Community acceptance.
4. A detailed description of the Respondents' preferred remedial alternative
for each contaminated medium, from among the alternatives evaluated,
including an evaluation of potential impact to any sensitive environments
identified on or near the Site and construction designs and specifications
(any proposed treatment technology may require on-site testing or bench-
scale testing of site waste to verify its effectiveness).
5. A description of all activities that are necessary to ensure that the proposed
method(s) of remedial action is (are) implemented in compliance with
applicable laws and regulations and that remediation goals established
hereunder arc met. These activities include, but are not limited to, well
installation and abandonment, sampling, run-on/run-off control, and
discharge of treated waste streams.
6. The results of any treatability studies or site characterization work
conducted in support of the proposed Remedial Action Plan.
7. A description of any proposed treatability studies or additional site
characterization work needed to support the remedial design.
8. A description of methods of post-remedial and confirmatory sampling, and
any necessary maintenance.
9. A health and safety plan that conforms to OSHA requirements and assures
that the health and safety of nearby residential and business communities
will not be adversely affected by activities related to the Remedial Action.
10. Equipment and personnel decontamination procedures.
11. A proposed schedule for completion of remedial design and for Remedial
Action construction, implementation and periodic sampling and reporting.
l 2. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
10
• • knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
13. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying
this certification is true, accurate and complete."
14. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any
work that would constitute the "public practice of geology" as defined by
N.C.G.S. 89E, the signature and seal ofa licensed geologist is required.
J. The Respondents shall provide to the Division the number of additional copies of
the proposed Remedial Action Plan determined by the Division to be required for
distribution to the local health director, register of deeds, and each public library
in the county where the Site is located, if requested by the Division. The Division
shall also mail notice of the Remedial Action Plan to those who have requested
notice that such plans have been developed, as provided in N.C.G.S. 130A-
3 l 0.4( c )(2). The Division will not approve the Remedial Action Plan until at least
thirty (30) days after public notice was provided.
K. Within thirty (30) days of receiving notice from the Division of any deficiency in
the Remedial Action Plan, the Respondents shall submit to the Division
information or material sufficient to correct such deficiency.
L. The Respondents shall begin implementation of the Remedial Action Plan no
sooner than receiving written approval from the Division nor later than sixty (60)
days thereafter.
M. Any requests for modifications of the approved Remedial Action Plan must be
submitted in writing to the Division, and may not be incorporated or implemented
unless and until approved in writing by the Division.
N. The Respondents shall provide to the Division: quarterly reports during
groundwater remedial action, any soil and waste remedial action greater than one
( 1) month in duration, and any necessary post-remedial maintenance; and a final
report with confirmatory sample data documenting complete implementation of
the approved Remedial Action Plan. The quarterly reports and final report should
include, without limitation, complete "as-built" drawings and specifications of all
remedial action systems; tabulated laboratory data; the location and depth of
samples collected; a description of all field and laboratory quality control/quality
assurance procedures; and legible and complete copies of all records of periodic
I I
• • system inspections, laboratory reports, waste manifests and chain of custody
documentation generated during the reporting period. Quarterly reports shall be
provided by the tenth day after each quarter concludes, with the first quarter
commencing on the date of written approval of the Remedial Action Plan by the
Division. The final report shall be provided within one (1) month following
complete implementation of the approved Remedial Action Plan. All progress
reports and the final report shall include a certification under oath by a corporate
official in charge of a principal business function of one of the Respondents
stating: "To the best of my knowledge, after thorough investigation, I certify that
the information contained in or accompanying this certification is true, accurate
and complete." In addition, all progress reports and the final report shall include a
certification under oath by the consultant responsible for the day to day remedial
activities stating: "To the best of my knowledge, after thorough investigation, I
certify that the information contained in or accompanying this certification is true,
accurate and complete." If the document includes any work which would
constitute the "practice of engineering" as defined by N.C.G.S. 89C, the signature
and seal of a professional engineer must be included. If the document includes
any work which would constitute the "public practice of geology" as defined by
N.C.G.S. 89E, the signature and seal of a licensed geologist is required. Within
thirty (30) days of receiving notice from the Division of any deficiency in the
reports required by this paragraph or in the implementation of the plans required
by this Consent Order, the Respondents shall submit to the Division information
or material sufficient to demonstrate correction of such deficiencies.
0. If the Division determines that conditions so warrant, the Respondents shall
submit, for the Division's approval, a survey plat for recordation that complies
with N.C.G.S. 1JOA-310.8(a), or provide information obtained through the
investigation to the Site's owners so as to allow them to submit such a plat.
VI. SAMPLING, ACCESS, AND DATA/DOCUMENT AVAILABILITY
A. The Division or its representatives may take split or duplicate samples of any
samples collected by the Respondents pursuant to this Consent Order. The
Respondents shall notify the Division not less than ten (10) days in advance of
any field activity. This notification may be given verbally in the field by the
Respondents to the Division.
B. The Division or its representatives may conduct any field act1v1ty it deems
appropriate in relation to the Site. The Respondents may take split or duplicate
samples of any samples collected by the Division during such field activity.
C. While this Consent Order is in effect, Division personnel and their representatives
may, in addition to exercising any related legal rights, enter the Site without
notice at all times and, while present: review the progress of activities required by
this Consent Order; conduct such tests as the Division deems necessary; verify the
12
• • data submitted to the Division by the Respondents; inspect and copy any and all
records, files, photographs, operating logs, contracts, sampling and monitoring
data, and other documents relating in any way to this Consent Order; and
otherwise assess the Respondents' compliance with this Consent Order. All
parties with access to the Site pursuant to this paragraph shall comply with all
approved health and safety plans and shall be liable for their own negligence and
intentional misconduct.
D. Unless a confidentiality claim covering information provided under this Consent
Order is made pursuant to law and adequately substantiated when the information
is submitted, such information may be made available to the public by the
Division without further notice to the Respondents. The Respondents agree that
under no circumstances shall analytical data generated pursuant to this Consent
Order be considered confidential.
E. The Respondents waive any objections to the admissibility into evidence (but not
objections as to the weight) of the results of any analyses of sampling conducted
by or for the Respondents at the Site or of other data gathered pursuant to this
Consent Order.
F. If the Respondents are unable by reasonable efforts to gain access to other
property as necessary pursuant to this Consent Order, the Division shall assist the
Respondents in obtaining access.
VII. DELAY IN PERFORMANCE
As soon as the Respondents are aware of the potential for delay, it shall submit to
the Division written documentation of the reasons for the delay and the efforts made by
the Respondents to avoid the delay, as well as a time by which such work can be
completed. The Division shall review the documentation and shall promptly approve the
new schedule if good cause is shown. Good cause may include, but is not limited to,
extraordinary weather, natural disasters and national emergencies. At a minimum, good
cause does not include normal inclement weather, increases in the cost of work to be
performed under this Consent Order, financial difficulty for the Respondents in
performing such work, failure by the Respondents to satisfy its obligations under this
Consent Order (whether evidenced by a notice of deficiency or not), the pendency of
dispute resolution, acts or omissions of the Respondents' contractors or representatives
not otherwise constituting good cause, and failure by the Respondents or their contractors
or representatives to make complete and timely application for any required approval or
permit. The burden of demonstrating good cause for delay, and that the delay proposed is
warranted, is the Respondents'.
VIII. DISPUTE RESOLUTION
If the Respondents wish to dispute any decision of the Division made pursuant to
13
• • this Consent Order and cannot resolve the matter through informal negotiations, it shall,
within fourteen (14) days of being notified of such decision, submit to the Division a
written statement of the grounds for its dispute and of the decision it advocates. Within a
reasonable period following its receipt of such a written statement, the Division shall
issue a written decision on the disputed matter. Within fourteen (14) days of receiving
the Division's written decision on the dispute, the Division shall have received from the
Respondents a written statement as to whether the Respondents shall abide by the
decision. If the Division docs not receive such a statement, or the statement is to the
effect that the Respondents shall not abide by the decision on the dispute, this Consent
Order shall be deemed dissolved. In that event, the Division shall retain all its applicable
enforcement rights against the Respondents, and the Respondents shall retain all
applicable defenses. The Respondents' invocation of dispute resolution shall not alone
excuse noncompliance with this Consent Order or any requirement established pursuant
thereto.
IX. ADDITIONAL PROVISIONS
A. All documents submitted to the Division pursuant to this Consent Order shall be
sent by certified mail, return receipt requested, by Federal Express or other
equivalent overnight service, or hand delivered to:
David Mattison
North Carolina Superfund Section
401 Oberlin Road -Suite 150
Raleigh, NC 27605-1350
The Division will direct all correspondence related to this Consent Order to:
William (Bill) R. Perry II
P.O. Box 504
Kernersville, NC 27285-0504
B. This Consent Order shall be binding upon, and inure to the benefit of, the
Respondents, their agents, successors and assigns. Each of the signatories for the
Respondents to this Consent Order certifies that he/she is authorized to execute
and legally bind the Remediator he/she represents as to this Consent Order.
C. The Respondents shall provide a copy of this Consent Order to each contractor or
other person or entity retained to perform any work under this Consent Order
within seven (7) days after the effective date of this Consent Order or the date of
retaining their services, whichever is later. The Respondents shall condition any
such contracts upon satisfactory compliance with this Consent Order.
Notwithstanding the terms of any contract, the Respondents are responsible for
compliance with this Consent Order and for ensuring that such contractors or
other persons or entities comply with this Consent Order.
14
• • D. This Consent Order notwithstanding, the Division retains all its authority
regarding inactive hazardous substance or waste disposal sites in relation to the
Site.
E. In the event the Division determines the Respondents are in violation of this
Consent Order or requirements established pursuant thereto, the Division may:
order the Respondents lo remedy the violation(s) or temporarily or permanently
halt implementation of this Consent Order; conduct part or all of the remediation
itself and seek cost recovery; and/or take any other action within the Division's
enforcement authority regarding inactive hazardous substance or waste disposal
sites.
F. To protect the public health or the environment, the Division may order a
temporary or permanent halt to implementation of this Consent Order, or order
actions within its authority regarding inactive hazardous substance or waste
disposal sites in addition to or other than those required hereunder.
G. All actions required pursuant to this Consent Order shall be in accordance with
applicable local, state and federal laws and regulations, unless an exemption
regarding particular state or local laws or regulations is specifically provided in
this Consent Order now or later.
H. The Respondents agree to indemnify and save and hold harmless the Stale of
North Carolina, and its agencies, departments, officials, agents, employees,
contractors and representatives, from any and all claims or causes of action arising
from or on account of acts or omissions of the Respondents or their officers,
employees, receivers, trustees, agents, or assigns in carrying out actions required
pursuant to this Consent Order. Neither the State of North Carolina nor any
agency or representative thereof, except DOT, may be held to be a party to any
contract involving the Respondents relating to the Site.
I. The Respondents shall preserve, for at least six (6) years after termination of this
Consent Order, all records and documents in its possession or in the possession of
its divisions, employees, agents, accountants, contractors or attorneys which relate
in any way lo this Consent Order. After this six (6)-year period, the Respondents
shall notify the Division at least thirty (30) days prior to the destruction of any
such records and documents. The Respondents shall comply with any written
request by the Division, prior to the day set for destruction, to continue to
preserve such records and documents or to provide them to the Division. The
Respondents may assert any available right to keep particular records and
documents, other than analytical data, confidential.
J. Nothing herein shall constitute a satisfaction of, or release from, liability for any
claim arising as a result of operation, ownership or use of the Site by the
Respondents, their agents, contractors, lessees, successors or assigns.
15
By:
By:
• • K. This Consent Order may not be modified without the written consent of the
parties.
L. Except for obligations under Section IX. E., F. and I. above, this Consent Order
shall terminate when the Respondents receive written notice from the Division
that all activities required pursuant to this Consent Order have been completed to
the Division's satisfaction, whereupon the Respondents shall be entitled to the
maximum protection available under all applicable laws. The Respondents
reserve any available rights to contribution or cost recovery they have in
connection with actual or threatened releases at the Site.
M. Within thirty (30) days following the date this Consent Order is entered into, the
Respondents shall tender to the Division, by money order or cashier's check
payable to "NCDENR," $50,000.00 to fund Division oversight of assessment and
remediation hereunder. If the Division determines that the tendered amount is
insufficient, the Division shall make as many additional demands of the
Respondents for oversight costs as the Division determines are necessary, and the
Respondents shall tender payment as provided in the preceding sentence within
thirty (30) days of receipt of any such demand. The Division shall reimburse the
Respondents any overage remaining following termination of this Consent Order
pursuant to paragraph IX.L. above. The Division shall, subject to availability,
provide $50,000.00 to address contamination at this Site, as discussed with the
Respondents. The Respondents shall share with the Division any costs recovered
from third parties, in proportion with the relationship that the Division's
$50,000.00 contribution bears to the costs incurred by the Respondents, and after
the Respondents deduct their proportionate expense of recovering such costs.
This Consent Order is entered into on the ___ day of _______ , 2000.
William L. Meyer, Director, Division of Waste Management,
North Carolina Department of Environment and Natural Resources
------------~Typed or handwritten name of signatory and title!
North Carolina Department of Transportation
16
By:
• •
____________ [Typed or handwritten name of signatory and title!
REA Construction Company
17
•
By: (
Van A. Welch
Title: Senior Vice President, Shared Services
18
GA
NCDENR
JAMES 8. HUNT JR.
GOVCRNOR
BIL:... Ho:...11.AN
SECRCTARY
WILLIAM L. MEYER
DIRECTOR
• • NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
August 29, 2000 FILE COPY
Memorandum
TO:
FROM:
RE:
Brenda Rivers
Division of Waste Manage)ment \
David B. Mattison, CHM ~fi/-1
Environmental Engineer
Superfund Section
Division of Waste Management Payment of $50,000
Gresham's Lake Site
Raleigh, Wake County
NCO 986 232 379
Please accept this memorandum as a formal request that the Division of Waste
Management of the North Carolina Department of Environment and Natural
Resources (NC DENR) submit payment of $50,000.00 to address contamination at
the above referenced site in accordance with Paragraph IX (M) of the Administrative
Order on Consent (Docket Number 00-SF-186).
If you have any questions or comments, please feel free to contact me at (919) 733-
2801, extension 349.
ffii:D --•·••·• 1646 MAIL SERVICE CENTCR, RAL.EIGH, NORTH CAROLINA 27699-1646
401 OBERLIN ROAD, SUJTE 150, RALEIGH, NC 27605
PHONE [phone] FAX 91~-715-3605
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-CONSUMER PAPER
JAMES 8. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
WILLIAM L. MEYER
DIRECTOR
• f ILE COPY
Mr. William (Bill) Perry II
P.O. Box 504
Kernersville, NC 27285-0504
NORT.CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
July 6, 2000
RE: Executed Administrative Order on Consent
Gresham's Lake Industrial Park Site
NCO 986 232 379
Raleigh, Wake County
Dear Mr. Perry:
Enclosed please find a signed copy of the fully executed Administrative Order on
Consent for the Gresham's Lake Industrial Park Site (NCO 986 232 379).
If you have any questions, please feel free to contact me at (919) 733-280 I, extension ~ 1 349.
Enclosure
Sincerely,
David B. Mattison, CHMM
Environmental Engineer
Superfund Section
1646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA. 27699-1646
401 OBERLIN ROAO, SUITE 150, RALEIGH, NC 27605
F"HONE 919-733-4996 FAX 919•715-3605 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER· 50% RECYCLE0/10% POST-CONSUMER PAPER
•
IN RE:
•
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
SUPERFUND SECTION
GRESHAM'S LAKE SITE
NCO 986 232 379
RALEIGH, NORTH CAROLINA
WAKECOUNTY
ADMINISTRATIVE ORDER ON CONSENT
FOR STA TE-DIRECTED ASSESSMENT
AND REMEDIAL ACTION
PURSUANT TO N.C.G.S. I 30A-3 I 0.9(b)
DOCKET NUMBER 00-SF-l 86
The following constitutes the agreement of the parties hereto. The North Carolina
Department of Transportation, REA Construction Company, and Kellogg Brown & Root, Inc.,
successor in interest to Halliburton Industrial Services (the Respondents neither admit nor deny any
Finding of Fact or Conclusion of Law set forth in this Administrative Order on Consent (Consent
Order), but shall not challenge any such finding or conclusion in connection with this Consent Order.
I. JURISDICTION
This Consent Order is entered into under authority vested in the Secretary of the
Nmth Carolina Department ofEnvirollll1ent and Natural Resources (Department) by North
Carolina's Inactive Haz.ardous Sites Response Act of 1987 (the Act), which constitutes Part
3, Aiticle 9 of Chapter 130A of the North Carolina General Statutes (N.C.G.S.). N.C.G.S.
I 30A-3 I 0, et seq. The Secretary of the Department has delegated this authority to the
Director of the North Carolina Division of Waste Management (Director).
II. STATEMENT OF PURPOSE
This Consent Order is entered into for the purpose of addressing the hazardous
substance or waste disposal site (the Site) defined in Section Ill. A. of this Consent Order.
In entering into this Consent Order, the objective of the Division of Waste Management
(Division) and the Respondents is for the Respondents to implement a voluntary remedial
action program approved by the Division involving: (I) preparation of a Remedial
Investigation Plan to evaluate the extent of contamination; (2) implementation of the
Remedial Investigation Plan; (3) preparation of a Remedial Action Plan to evaluate
alternatives for meeting remediation goals; and (4) implementation of the approved Remedial
Action Plan.
III. FINDINGS OF FACT
A. The Site is in an area of northern Raleigh, North Carolina, that lies between U.S.
Highway I to the east, Old Wake Forest Road to the south, Litchford Road to the
• •
west and Durant Road to the north. As currently delineated, it is depicted on a survey
plat attached hereto. The Site includes property owned, as of May 3, 2000, by Able
Manufacturing, Inc. (Able) at 3220 Northside Dr., property owned by REA
Construction Company (REA) at 3010 Gresham's Lake Road, property owned by
Frank A. Billings, ct al. at 3200 Northside Dr., property owned by David S. Wilson
on Northside Drive, property owned by Ern•in Winz and wife, Burgunde E. Winz at
3219 Northside Dr., and any additional area which has become contaminated as a
result of hazardous substances or waste disposed at properties comprising part of the
Site.
B. From the late I 970s until I 989, the portion of the Site currently owned by Able was
owned by South State Industries, Inc. (South State), which manufactured tools and
dies there. When South State sold the property to Able in I 989, it removed a large
pile of metal turnings that had accumulated behind the plant building. From I 989
until it entered bankruptcy in 1993, Able operated a metal fabricating facility on that
portion of the Site. According to a former employee of both South State and Able,
both companies used trichloroethylene in their operations.
C. On its portion of the Site, REA has manufactured asphalt under contract to the NC
Department of Transportation (DOT) since 1970. There, from 1970-1996, DOT
tested the asphalt for aggregate content using chlorinated hydrocarbons such as 1, 1, I
trichloroethane, carbon tetrachloride and trichloroethylene. This property was among
those at which DOT determined, in a 1989 assessment of properties where it had
conducted such testing, that decomposed constituents of chlorinated hydrocarbons
remain.
D. Halliburton Industrial Services (Halliburton) used chemicals at its facility at the Site.
groundwater monitoring and soil sampling on the former Halliburton property has
shown the presence of several chlorinated hydrocarbons. Concern on the part of the
North Carolina Groundwater Section (Groundwater Section) led to removal in 1990
of a leaking above-ground diesel fuel storage tank at the Halliburton facility by
A TEC Environmental Services.
E. In 1992, soil sampling at the Site by the Groundwater Section revealed the presence
of 1,4-dichlorobenzene, chlorobenzene, .1 ,3-dicholorobenzene, naphthalene,
1,2,4-tricholorbenzene, 2-chlorotoluene, trichloroethene, cis-1, 1-dichloroethene,
p-isopropyl toluene, and tert-butyl benzene. During a 1998 Expanded Site Inspection
(ESI) by the Superfund Section, a limited soil investigation revealed benzo(b or
k)fluoranthene and/or acetone at the Site.
F. Previous groundwater sampling in the vicinity of the Site by the Groundwater
Section and the Wake County Health Department revealed contaminated drinking
water wells at several businesses, including Able, Halliburton facility, REA, Billings
2
• •
& Garrett, Inc. and Charlie Brown's Catering Service. Further sampling during the
ESI revealed the presence of vinyl chloride and 1,2-dichloroethene in Abie's drinking
water well. Acetone, l ,2-dichloroethene and methyl butyl ketone were detected in
the drinking water well on the above-referenced Winz property, which is where
Halliburton operated. Several monitoring wells in the area were found to contain
significant levels of vinyl chloride, l ,2-dichloroethene, l, 1-dichloroethene,
chloroform and l, 1,] ,-trichloroethane.
IV. CONCLUSIONS OF LA \V
A. The substances identified in Sections 111.E. and F. above are hazardous substances
as defined in the Comprehensive Environmental Response, Compensation and
Liability Act/Superfund Amendments and Reauthorization Act, 42 U.S.C. Section
960 l el seq., and are thus such substances for purposes of the Act pursuant to
N.C.G.S. l30A-3 l 0(2).
B. Disposal of hazardous substances referred to in the preceding paragraph has occurred
at the Site within the meaning ofN.CG.S. l 30A-3 l 0(3) pursuant to N.C.G.S. l 30A-
290(a)(6).
C. The Site is an inactive hazardous substance or waste disposal site for purposes of the
Act pursuant to N.C.G.S. l 30A-310(3).
D. Each of the Respondents is an owner, operator, or other responsible party in relation
to the Site within the meaning ofN.C.G.S. 130A-310.9, pursuant to N.C.G.S. l 30A-
3 I 0( 4), -310(5), -310(9), and-310.7.
E. This Consent Order is authorized pursuant to the power of the Secretary under
N.C.G.S. l30A-310.9(b), and by delegation the Director, to enter into agreements
with owners, operators, or other responsible parties for implementation of voluntary
remedial action programs as to inactive hazardous substance or waste disposal sites
in accordance with remedial action plans approved by the Department.
V. WORK TO BE PERFORMED
All work performed pursuant to plans approved under this Consent Order shall
comply with the current U.S. Environmental Protection Agency (EPA) Region IV,
Environmental Investigations Standard Operating Procedures and Oualitv Assurance Manual
and the current Inactive Hazardous Sites Program Guidelines for Assessment and Cleanup.
A. Within ninety (90) days after the execution of this Consent Order, the Respondents
shall submit to the Division two (2) copies of a Remedial Investigation Plan
(Investigation Plan) organized in sections corresponding to the following items and
3
• •
including at least:
l. Site location information including site street address, longitude and latitude,
and site and surrounding property land use.
2. A summary of all management practices employed at the Site for hazardous
wastes and any wastes that may have contained hazardous substances,
including a list of types and amounts of waste generated (with RCRA waste
codes), treatment and storage methods, and ultimate disposition of wastes; a
description of the facility's past and current RCRA status; the location and
condition of any vessels currently or previously used to store any chemical
products, hazardous substances or wastes; and a summary of the nature of all
on-site hazardous substance releases, including one-time disposals or spills.
3. United States Geological Survey topographic maps sufficient to display
topography within a one-mile radius of the Site.
4. A site survey plat (prepared and certified by a Professional Land Surveyor)
including scale; benchmarks; north arrow; locations of property boundaries,
buildings, structures, all perennial and non-perennial surface water features,
drainage ditches, dense vegetation, knovm and suspected spill or disposal
areas, underground utilities, storage vessels, existing on-site wells; and
identification of all adjacent property owners and land usage.
5. A description of local geologic and hydrogeologic conditions.
6. Inventory and map of all wells, springs, and surface-water intakes used as
sources of potable water within a one-half mile radius of the center of the
Site. If the Site is greater than one hundred (100) acres in size, the inventory
and map must cover a one-mile radius from the center of each source area.
7. Identification of environmentally sensitive areas on and adjacent to the Site
including:
State Parks
Areas Important to Maintenance of Unigue Natural Communities
Sensitive Areas Identified Under the National Estuary Program
Designated State Natural Areas
State Seashore, Lakeshore and River Recreational Areas
Rare species(state and federal Threatened and Endangered)
Sensitive Aquatic Habitat
State Wild and Scenic Rivers
National Seashore, Lakeshore and River Recreational Areas
National Parks or Monuments
Federal Designated Scenic or Wild Rivers
Designated and Proposed Federal Wilderness and Natural Areas
4
• •
National Preserves and Forests
Federal Land designated for the protection of Natural Ecosystems
Critical Areas Identified Under the Clean Lakes Program
State-Designated Areas for Protection or Maintenance of Aquatic Life
State Preserves and Forests
Terrestrial Areas Utilized for Breeding by Large or Dense Aggregations of Animals
National or State Wildlife Refuges
Marine Sanctuaries
National and State Historical Sites
Areas Identified Under Coastal Protection Legislation
Coastal Barriers or Units of a Coastal Barrier Resources System
Spawning Areas Critical for the Maintenance of Fish/Shellfish Species within
River, Lake or Coastal Tidal Waters
Migratory Pathways and Feeding Areas Critical for Maintenance of Anadromous
Fish Species within River Reaches or Areas in Lakes or Coastal Tidal Waters
in which such Fish Spend Extended Periods of Time
State Lands Designated for Wildlife or Game Management
Wetlands
8. A chronological listing of all previous owners and each period of ownership
since the Site was originally developed from pristine land.
9. Operational history with aerial photographs and Sanborne Fire Insurance
maps to support land-use history.
10. A list of all hazardous substances which have been used or stored at the Site,
and approximate amounts and dates of use or storage as revealed by available
written documentation and interviews with a representative number of former
and current employees or occupants possessing relevant information.
11. Site environmental permit history, including copies of all federal, state, and
local environmental permits, past and present, issued to the Respondents or
within the Respondents' custody or control.
12. A summary of all previous and ongoing environmental investigations and
environmental regulatory involvement with the Site, and copies of all
associated reports and laboratory data.
13. Proposed procedures for characterizing site geologic and hydrogeologic
conditions and identifying and delineating each contamination source as to
each affected environmental medium, including any plan for special
assessment such as a geophysical survey.
14. Proposed methods, locations, depths of, .and justification for, all sample
collection points for all media sampled, including monitoring well locations
and anticipated screened intervals.
5
• •
15. Proposed field and laboratory procedures for quality assurance/quality
control.
16. Proposed analytical parameters and analytical methods for all samples.
17. A contact name, address and telephone number for the principal consultant
and laboratory, and qualifications and certifications of all consultants,
laboratories and contractors expected to perform work in relation to this work
plan. Any laboratory retained must currently be either certified to analyze
applicable certifiable parameters under Title 15A of the North Carolina
Administrative Code, Subchapter 2H, Section .0800, or be a contract
laboratory under the EPA Contract Laboratory Program.
18. Equipment and personnel decontamination procedures.
19. A health and safety plan that conforms to OSHA requirements and assures
that the health and safety of nearby residential and business communities will
not be adversely affected by activities related to the remedial investigation.
20. A proposed schedule for site activities and reporting.
21. Any other infom1ation required by the Division or considered relevant by the
remediating party.
22. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
23. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying this
certification is true, accurate and complete."
24. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
B. Within thirty (30) days ofreceiving notice from the Division of any deficiency in the
Investigation Plan, the Respondents shall submit to the Division information or
material sufficient to correct such deficiency.
6
• • C. The Respondents shall begin the Remedial Investigation no sooner than receiving
written approval of the Investigation Plan from the Division, nor later than thirty (30)
days thereafter.
D. Within one hundred twenty (120) days of receiving written approval of the
Investigation Plan from the Division,the Respondents shall submit to the Division
two (2) copies of a Remedial Investigation Report documenting implementation of
the approved Investigation Plan, organized in sections corresponding to the following
items and including at least:
l. A narrative description of how the investigation was conducted, including a
discussion of any variances from the approved work plan.
2. A description of groundwater monitoring well design and installation
procedures, including drilling methods used, completed drilling logs, "as
built" drawings of all monitoring wells, well construction techniques and
materials, geologic logs, and copies of all well installation permits.
3. A map, drawn to scale, showing all soil, surface water and sediment sample
locations and monitoring well locations in relation to known disposal areas
or other sources of contamination. Monitoring wells must be surveyed to a
known benchmark. Soil sample locations must be surveyed to a known
benchmark (use of differentially corrected GPS is permissible) or flagged
with a secure marker until after the remedial action is completed. Monitoring
well locations and elevations must be surveyed by a Professional Land
Surveyor.
4. A description of all laboratory quality control and quality assurance
procedures followed during the remedial investigation.
5. A description of procedures used to manage drill cuttings, purge water and
decontamination water.
6. A summary of site geologic conditions, including a description of soils and
vadose zone characteristics.
7. A description of site hydrogeologic conditions (if groundwater assessment is
determined to be necessary), including current uses of groundwater, notable
aquifer characteristics, a water table elevation contour map with groundwater
flow patterns depicted, tabulated groundwater elevation data, and a
description of procedures for measuring water levels.
8. Tabulation of analytical results for all sampling (including sampling dates
and soil sampling depths) and copies of all laboratory reports (including
QA/QC support data referenced to specific samples).
7
• • 9. Soil, groundwater, surface water and sediment contaminant delineation maps
and cross sections, including scale and sampling points with contaminant
concentrations.
I 0. A description of procedures and the results of any special assessments such
as geophysical surveys, immunoassay testing (EPA SW-846 4000 series
methods), soil gas surveys, or test pit excavations.
11. Copies of all field logs and notes, and color copies of site photographs.
12. A demonstration, supported by sampling data, that the areal and vertical
extent of hazardous substance contamination in each affected medium has
been delineated to the Division's satisfaction in accordance with the current
version of the Division's Inactive Hazardous Sites Program Guidelines for
Assessment and Cleanup.
13. Any other information required by the Division or considered relevant by the
remediating party.
l 4. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
15. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying this
certification is true, accurate and complete."
16. lf this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
E. Within thirty(30) days ofreceiving notice from the Division of any deficiency in the
Remedial Investigation Report, the Respondents shall submit to the Division
information or material sufficient to correct such deficiency. When the Division
determines that the Remedial Investigation is complete, the Division will notify the
Respondents in writing.
F. Should additional remedial investigation work phases be necessary, the Respondents
shall submit the subsequent work phase investigation plan within thirty (30) days of
receiving notice from the Division of the additional work phase required. The
requirements for the submittal and content of plans and reports under paragraphs
8
• • V.A., B., C., D. and E. shall apply to subsequent work plans and reports except
where, in the Division's sole discretion, the submission of such would duplicate a
previous submittal.
G. If the Division determines that hazardous substances or waste disposed at the Site
have affected any drinking water wells, the Respondents shall, by a deadline
established by the Division, provide an alternate drinking water source for users of
those wells.
H. Following the Respondents' completion of the Remedial Investigation, the Division
will ascertain preliminary remediation goals for each contaminated medium at the
Site. The Respondents shall use the Division's remediation goals to develop remedial
alternatives in the Remedial Action Plan, as described in Section V. I. of this Consent
Order.
I. Within ninety (90) days of receiving written notice from the Division that the
Remedial Investigation is complete and that remedial action is necessary, the
Respondents shall submit to the Division two (2) copies of their proposed Remedial
Action Plan for cleanup of all contaminated media at the Site, organized in sections
corresponding to the following items and including at least:
I. A statement of objectives for the Remedial Action.
2. A listing of potentially applicable technologies.
3. An evaluation of remedial alternatives using the following feasibility study
criteria:
a. Protection of human health and the environment, including attainment of
remediation goals.
b. Compliance with applicable federal, State and local regulations.
c. Long-term effectiveness and permanence.
d. Reduction of toxicity, mobility and volume.
e. Short-term effectiveness: effectiveness at minimizing the impact of the
site remediation on the environment and the local community.
f. Implementability: technical and logistical feasibility, including an
estimate of time required for completion.
g. Cost.
h. Community acceptance.
4. A detailed description of the Respondents' preferred remedial alternative for
each contaminated medium, from among the alternatives evaluated, including
an evaluation of potential impact to any sensitive environments identified on
or near the Site and construction designs and specifications (any proposed
treatment technology may require on-site testing or bench-scale testing of site
waste to verify its effectiveness).
9
• • 5. A description of all activities that are necessary to ensure that the proposed
method(s) of remedial action is (are) implemented in compliance with
applicable laws and regulations and that remediation goals established
hereunder are met. These activities include, but are not limited to, well
installation and abandonment, sampling, run-on/run-off control, and
discharge of treated waste streams.
6. The results of any treatability studies or site characterization work conducted
in support of the proposed Remedial Action Plan.
7. A description of any proposed treatability studies or additional site
characterization work needed to support the remedial design.
8. A description of methods of post-remedial and confirmatory sampling, and
any necessary maintenance.
9. A health and safety plan that conforms to OSHA requirements and assures
that the health and safety of nearby residential and business communities will
not be adversely affected by activities related to the Remedial Action.
10. Equipment and personnel decontamination procedures.
11. A proposed schedule for completion of remedial design and for Remedial
Action construction, implementation and periodic sampling and reporting.
12. A certification under oath by a corporate official in charge of a principal
business function of one of the Respondents stating: "To the best of my
knowledge, after thorough investigation, I certify that the information
contained in or accompanying this certification is true, accurate and
complete."
13. A certification under oath by the consultant responsible for the day to day
remedial activities stating: "To the best of my knowledge, after thorough
investigation, I certify that the information contained in or accompanying this
certification is true, accurate and comp_lete."
l 4. If this document includes any work that would constitute the "practice of
engineering" as defined by N.C.G.S. 89C, the signature and seal of a
professional engineer must be included. If this document includes any work
that would constitute the "public practice of geology" as defined by N.C.G.S.
89E, the signature and seal of a licensed geologist is required.
J. The Respondents shall provide to the Division the number of additional copies of the
proposed Remedial Action Plan determined by the Division to be required for
distribution to the local health director, register of deeds, and each public library in
the county where the Site is located, if requested by the Division. The Division shall
• • also mail notice of the Remedial Action Plan to those who have requested notice that
such plans have been developed, as provided in N.C.G.S. 130A-310.4(c)(2). The
Division will not approve the Remedial Action Plan until at least thirty (30) days
after public notice was provided.
K. Within thirty (30) days of receiving notice from the Division of any deficiency in the
Remedial Action Plan, the Respondents shall submit to the Division information or
material sufficient to correct such deficiency.
L. The Respondents shall begin implementation of the Remedial Action Plan no sooner
than receiving written approval from the Division nor later than sixty (60) days
thereafter.
M. Any requests for modifications of the approved Remedial Action Plan must be
submitted in V>'fiting to the Division, and may not be incorporated or implemented
unless and until approved in writing by the Division.
N. The Respondents shall provide to the Division: quarterly reports during groundwater
remedial action, any soil and waste remedial action greater than one (I) month in
duration, and any necessary post-remedial maintenance; and a final report with
confirmatory sample data documenting complete implementation of the approved
Remedial Action Plan. The quarterly reports and final report should include, without
limitation, complete "as-built" drawings and specifications of all remedial action
systems; tabulated laboratory data; the location and depth of samples collected; a
description of all field and laboratory quality control/quality assurance procedures;
and legible and complete copies of all records of periodic system inspections,
laboratory reports, waste manifests and chain of custody documentation generated
during the reporting period. Quarterly reports shall be provided by the tenth day after
each quarter concludes, with the first quarter commencing on the date of written
approval of the Remedial Action Plan by the Division. The final report shall be
provided within one (I) month following complete implementation of the approved
Remedial Action Plan. All progress reports and the final report shall include a
certification under oath by a corporate official in charge of a principal business
function of one of the Respondents stating: "To the best of my knowledge, after
thorough investigation, I certify that the information contained in or accompanying
this certification is true, accurate and complete." In addition, all progress reports and
· the final report shall include a certification under oath by the consultant responsible
for the day to day remedial activities stating: "To the best of my knowledge, after
thorough investigation, I certify that the information contained in or accompanying
this certification is true, accurate and complete." If the document includes any work
which would constitute the "practice of engineering" as defined by N.C.G.S. 89C, the
signature and seal of a professional engineer must be included. If the document
includes any work which would constitute the "public practice of geology" as defined
by N.C.G.S. 89E, the signature and seal of a licensed geologist is required. Within
thirty (30) days of receiving notice from the Division of any deficiency in the reports
required by this paragraph or in the implementation of the ·plans required by this
l l
• • Consent Order, the Respondents shall submit to the Division infom1ation or material
sufficient to demonstrate correction of such deficiencies.
0. If the Division determines that conditions so warrant, the Respondents shall submit,
for the Division's approval, a survey plat for recordation that complies with N.C.G .S.
130A-3 I 0.8(a), or provide information obtained through the investigation to the
Site's owners so as to allow them to submit such a plat.
VI. SAMPLING, ACCESS, AND DATA/DOCUMENT AVAILABILITY
A. The Division or its representatives may take split or duplicate samples of any samples
collected by the Respondents pursuant to this Consent Order. The Respondents shall
notify the Division not less than ten (10) days in advance of any field activity. This
notification may be given verbally in the field by the Respondents to the Division.
B. The Division or its representatives may conduct any field activity it deems
appropriate in relation to the Site. The Respondents may take split or duplicate
samples of any samples collected by the Division during such field activity.
C. While this Consent Order is in effect, Division personnel and their representatives
may, in addition to exercising any related legal rights, enter the Site without notice
at all times and, while present: review the progress of activities required by this
Consent Order; conduct such tests as the Division deems necessary; verify the data
submitted to the Division by the Respondents; inspect and copy any and all records,
files, photographs, operating logs, contracts, sampling and monitoring data, and other
documents relating in any way to this Consent Order; and otherwise assess the
Respondents' compliance with this Consent Order. All parties with access to the Site
pursuant to this paragraph shall comply \\1th all approved health and safety plans and
shall be liable for their own negligence and intentional misconduct.
D. Unless a confidentiality claim covering information provided under this Consent
Order is made pursuant to law and adequately substantiated when the information is
submitted, such information may be made available to the public by the Division
without further notice to the Respondents. The Respondents agree that under no
circumstances shall analytical data generated pursuant to this Consent Order be
considered confidential.
E. The Respondents waive any objections to the admissibility into evidence (but not
objections as to the weight) of the results of any analyses of sampling conducted by
or for the Respondents at the Site or of other data gathered pursuant to this Consent
Order.
F. If the Respondents are unable by reasonable efforts to gain access to other property
as necessary pursuant to this Consent Order, the Division shall assist the Respondents
in obtaining access.
12
• • VII. DELAY IN PERFORMANCE
As soon as the Respondents are aware of the potential for delay, it shall submit to the
Division written documentation of the reasons for the delay and the efforts made by the
Respondents to avoid the delay, as well as a time by which such work can be completed. The
Division shall review the documentation and shall promptly approve the new schedule if
good cause is shown. Good cause may include, but is not limited to, extraordinary weather,
natural disasters and national emergencies. At a minimum, good cause does not include
normal inclement weather, increases in the cost of work to be performed under this Consent
Order, financial difficulty for the Respondents in performing such work, failure by the
Respondents to satisfy its obligations under this Consent Order (whether evidenced by a
notice of deficiency or not), the pendency of dispute resolution, acts or omissions of the
Respondents' contractors or representatives not otherwise constituting good cause, and failure
by the Respondents or their contractors or representatives to make complete and timely
application for any required approval or permit. The burden of demonstrating good cause
for delay, and that the delay proposed is warranted, is the Respondents'.
VIII. DISPUTE RESOLUTION
If the Respondents wish to dispute any decision of the Division made pursuant to this
Consent Order and cannot resolve the matter through informal negotiations, it shall, within
fourteen (14) days of being notified of such decision, submit to the Division a written
statement of the grounds for its dispute and of the decision it advocates. Within a reasonable
period following its receipt of such a written statement, the Division shall issue a written
decision on the disputed matter. Within fourteen ( 14) days of receiving the Division's written
decision on the dispute, the Division shall have received from the Respondents a written
statement as to whether the Respondents shall abide by the decision. If the Division does not
receive such a statement, or the statement is to the effect that the Respondents shall not abide
by the decision on the dispute, this Consent Order shall be deemed dissolved. In that event,
the Division shall retain all its applicable enforcement rights against the Respondents, and
the Respondents shall retain all applicable defenses. The Respondents' invocation of dispute
resolution shall not alone excuse noncompliance with this Consent Order or any requirement
established pursuant thereto.
IX. ADDITIONAL PROVISIONS
A All documents submitted to the Division pursuant to this Consent Order shall be sent
by certified mail, return receipt requested, by Federal Express or other equivalent
overnight service, or hand delivered to:
David Mattison
North Carolina Superfund Section
401 Oberlin Road -Suite 150
Raleigh, NC 27605-1350
The Division will direct all correspondence related to this Consent Order to:
13
• • William (Bill) R. Perry Ii
P.O. Box 504
Kernersville, NC 27285-0504
B. This Consent Order shall be binding upon, and inure to the benefit of, the
Respondents, their agents, successors and assigns. Each of the signatories for the
Respondents to this Consent Order certifies that he/she is authorized to execute and
legally bind the Remediator he/she represents as to this Consent Order.
C. The Respondents shall provide a copy of this Consent Order to each contractor or
other person or entity retained to perform any work under this Consent Order within
seven (7) days after the effective date of this Consent Order or the date of retaining
their services, whichever is later. The Respondents shall condition any such
contracts upon satisfactory compliance with this Consent Order. Notwithstanding
the tenns of any contract, the Respondents are responsible for compliance with this
Consent Order and for ensuring that such contractors or other persons or entities
comply with this Consent Order.
D. This Consent Order notwithstanding, the Division retains all its authority regarding
inactive hazardous substance or waste disposal sites in relation to the Site.
E. In the event the Division determines the Respondents are in violation of this Consent
Order or requirements established pursuant thereto, the Division may: order the
Respondents to remedy the violation(s) or temporarily or permanently halt
implementation of this Consent Order; conduct part or all of the remediation itself
and seek cost recovery; and/or take any other action within the Division's
enforcement authority regarding inactive hazardous substance or waste disposal sites.
F. To protect the public health or the environment, the Division may order a temporary
or permanent halt to implementation of this Consent Order, or order actions within
its authority regarding inactive hazardous substance or waste disposal sites in
addition to or other than those required hereunder.
G. All actions required pursuant to this Consent Order shall be in accordance with
applicable local, state and federal laws and regulations, unless an exemption
regarding particular state or local Jaws or regulations is specifically provided in this
Consent Order now or later.
H. The Respondents agree to indemnify and save and hold harmless the State of North
Carolina, and its agencies, departments, officials, agents, employees, contractors and
representatives, from any and all claims or causes of action arising from or on
account of acts or omissions of the Respondents or their officers, employees,
receivers, trustees, agents, or assigns in carrying out actions required pursuant to this
Consent Order. Neither the State ofNorth Carolina nor any agency or representative
thereof, except DOT, may be held to be a party to any contract involving the
Respondents relating to the Site.
14
By:
• • I. The Respondents shall preserve, for at least six ( 6) years after termination of this
Consent Order, all records and docwnents in its possession or in the possession of its
divisions, employees, agents, accountants, contractors or attorneys which relate in
any way to this Consent Order. After this six (6)-year period, the Respondents shall
notify the Division at least thirty (30) days prior to the destruction of any such
records and documents. The Respondents shall comply with any written request by
the Division, prior to the day set for destruction, to continue to preserve such records
and documents or to provide them to the Division. The Respondents may assert any
available right to keep particular records and documents, other than analytical data,
confidential.
J. Nothing herein shall constitute a satisfaction of, or release from, liability for any
claim arising as a result of operation, ownership or use of the Site by the
Respondents, their agents, contractors, lessees, successors or assigns.
K. This Consent Order may not be modified without the written consent of the parties.
L. Except for obligations under Section IX. E., F. and I. above, this Consent Order shall
terminate when the Respondents receive written notice from the Division that all
activities required pursuant to this Consent Order have been completed to the
Division's satisfaction, whereupon the Respondents shall be entitled to the maximum
protection available under all applicable laws. The Respondents reserve any
available rights to contribution or cost recovery they have in connection with actual
or threatened releases at the Site.
M. Within thirty (30) days following the date this Consent Order is entered into, the
Respondents shall tender to the Division, by money order or cashier's check payable
to "NCDENR," $50,000.00 to fund Division oversight of assessment and remediation
hereunder. If the Division determines that the tendered amount is insufficient, the
Division shall make as many additional demands of the Respondents for oversight
costs as the Division determines are necessary, and the Respondents shall tender
payment as provided in the preceding sentence within thirty (30) days of receipt of
any ·such demand. The Division shall reimburse the Respondents any overage
remaining following termination of this Consent Order pursuant to paragraph IX.L.
above. The Division shall, subject to availability, provide $50,000.00 to address
contamination at this Site, as discussed with the Respondents. The Respondents shall
share with the Division any costs recovered from third parties, in proportion with the
relationship that the Division's $50,000.00 contribution bears to the costs incurred
by the Respondents, and after the Respondents deduct their proportionate expense of
recovering such costs.
, 2000. ;J.JZ:rd;;~ed :n the 2~ day of -;J'~ ~
William L. Meyer, Directo~vision of Waste Management,
North Carolina Department of Environment and Natural Resources·
15
By:
L. A. Sanderson, State Highway Administrator
North Carolina Department of Transportation
16
06/16/00
By:
08: 58 FAX [phone].
Carey K. Tater President
June 16, 2000
PAllL!~"E J l!ETZGER •
16
• ~~ By: (
Van A. Welch
Title: Senior Vice President, Shared Services
18
JAMES 8. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
April 27, 2000
Memorandum
TO:
FROM:
RE:
NOR.AROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
Rob Gelblum
Assistant Attorney General
North Carolina Department of Justice
David B. Mattison, C~
Environmental Engineer
Superfund Section
Administrative Order on Consent
Gresham's Lake Site
Raleigh, Wake County
The Superfund Section of the North Carolina Department of Environment and
Natural Resources (NC DENR) has received and reviewed the Administrative Order on Consent for the Gresham's Lake Site. The Superfund Section offers the attached
comments. In an effort to expedite the review/correction process, a copy of these
comments will be forwarded to Mr. Bill Perry.
The Superfund Section of the NC DENR appreciates the opponunjty to comment
on this document. If you have any questions or comments, please feel free to contact me at [phone], extension 349.
Attachment
Cc: Mr. Bill Perry
1646 MAIL SERVICE CENTER, RALE~GH, NORTH CAROLINA 27699•1646
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE 919-733·4996 FAX 919-715·3605 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPI.OYER -50% RECYCLE0/10% POST•CONSUMER PAf>ER
Mr. Rob Gelblum
April 27, 2000
Page I
•
ADMINISTRATIVE ORDER ON CONSENT
III. Findings of Fact
•
I. The third sentence of Paragraph A of Section ill indicates that Mr. James Mettrey has ownership of the property located at 3200 Northside Drive. Mr. David Wilson has recently purchased from Mr. Mettrey the property located between the property operated by REA Construction Company and the North Carolina Department of Transportation (NC DOT) and the property owned by ABLE Manufacturing Company (ABLE). Please determine if this is the property located at 3200 Northside Drive and if the language in the third sentence of Paragraph A of Section ill must be changed accordingly.
2. Please delete the unnecessary comma at the end of the second sentence of Paragraph B of Section ill.
3. Please revise the first sentence of Paragraph E of Section ill to state, "In 1992, soil sampling at the Site by the Groundwater Section revealed the presence of 1,4-dichlorobenzene,
chlorobenzene, 1,3-dichlorobenzene, naphthalene, 1,2,4-trichlorobenzene, 2-chlorotoluene,
trichloroethene, cis-1,2-dichloroethene, p-isopropyl toluene, and tert-butyl benzene."
J;ME~-s'. HUNT JR·:,;; .. _,.. :.~
GOVERNOR
BILL HOLMAN
-• SECRETARY
•
Mr. Andrew Martin
Attorney and Counsellor at Law
40 I Oberlin Road, Suite I 03
Raleigh, North Carolina 27605
• NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
January 24, 2000
Re: Notice of Inactve Hazardous Substances
or Waste Disposal Site
Mettrey Property
Raleigh, Wake County, North Carolina
Dear Mr. Martin:
Thank you for submitting a copy of the plat and deed for the property on
Northside Drive in Raleigh, North Carolina. Although, we require for our files
both a certified copy of the recorded plat, having a visible seal of the Register of
Deeds and reflecting the book and page number where recorded, and a copy of the
page in the grantor index where the plat is referenced. Please submit this
information to the Superfund Section as soon as possible. If you have any
questions please contact me at [phone] ext. 315.
Sincerely,
/~t~~!brv,/4Ji/
Special Remediation Branch
Superfund Section
1646 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699•1646
401 OBERLIN ROAD, SUITE 150, R.-.LEIGH, NC 27605
PHONE 919•733-4996 FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER • 50% RECYCL.E0/10% POST-CONSUMER PAPER
•
ANDR.EW 5. MAR.TIN
ATTORNEY AND COUNSEUDR AT LAW
40I OBERLIN R.OAD -SUITE 103
POST OFFICE BOX 10406
RALEIGH. NC 27605
TELEPHONE 919·82B-5620
TELECOPIER 919-828·5?11
EMAIL [e-mail]
•
January 24, 2000
To: File
From: Jack Butler~
Subject: Greshams Lake Industrial Park
NCD 986 232 379
•
David Mattison, Grover Nicholson and I met with representatives ofDoT, Rea Construction
and Haliburton, Responsible Parties (PRP's) for the subject site, on this date. The purpose of this
meeting was to allow the PRP's to meet David Mattison, the Superfund Section project lead for
this site, and for him to meet the PRP's. The status and time table for the site project was also
discussed. Howard Grubbs, attorney for Rea Construction, reported that the PRP's are presently
preparing the RFP for this project and intend to have a site visit for all interested contractors on
February 11 to be followed be an interview of prospective contractors on March 22, 2000. The
contract should be awarded within 30 days. He concluded that by early April the contractor
should be "on board and ready to roll."
cc:[David~Matt1son_·
Grover Nicholson
Bill Meyer
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BK008504PG02614 •
Exc!R TU $ 290.00
•
M•k• Count~,HC ?50
L■ur■ M Riddick, Register or Oaeda
Pr■a■nt■ d a Recorded 01/19/2000 15:39:30
State or NC Ra■l Eatato Excie■ Tax I S290
Book : 088504 Paga : 02614 -0261?
Recordtn11 Time, Book and Page
Tax Lot No ........ . .................................... Parcel Identifier No. Q.0.0.JJ~).)7 .................................................... .
Verified by .................................................... . . ........ County on the ............... day of ..................................................... , ............... .
by ··················································· ························•···· ····································••······································································································
Mail after recording to Amjr.~.w .. S .... M~rti.~_m.9.\ .. Us.l. ..................................................................................................................................... .
···•····" ...................................................................................................................................................................................................................... ..
This instrument was prepared by Am:lrrn:.~ .. M~.ctin.49.1 . .0.~er.!in Ro.~.\1 •. Suil~.J.QJ. .. R~.le.igh,.N.C.2.7.6.0t ............ .
Brief description for the Index INORTHSIDE INDUSTRIAL PARK
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ... ..19th .... day of ..................... .J.an.vafY ... .
GRANTOR
JOHN M. METTREY, UNMARRIED
JAMES P. METTREY, UNMARRIED
........ , ..... 2000 .. , by and between
GRANTEE
DA YID S. WILSON
13429 MELVIN ARNOLD ROAD
RALEIGH, NC 27613
Enter ln appl'Opr1at.e block fol' each party: name, addrea, and, U appropriate, character of e.ntity, e.q. corponUon or p&nncnhJp.
The designation Granter and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Granter, for a valuable consideration paid by the Grantee, the receipt of which ls hereby
acknowledged, has and by these presenta does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of .................... Ml),;IGH ................... , .................................... ...... Township,
... . ........... WAKE .... l-·· ......... County, North Carolina and more particularly described as follows:
BEGINNING AT A POINT ON THE SOUTHERN RIGHT-OF-WAY LINE OF NORTHSIDE DRIVE, NORTHSIDE INDUSTRIAL
PARK, SAID POINT OF BEGINNING BEING THE NORTHWESTERNMOST CORNER OF LOT 9, NORTHSIDE INDUSTRIAL
PARKAS SHOWN ON MAP RECORDED IN BOOK OF MAPS 1975, PAGE 295, WAKE COUNTY REGISTRY; RUNS THENCE
AS A FIRST CALL ALONG THE WESTERN LINE OF LOT 9, SOUTH 22 DEGREES, 52 MINUTES EAST 475.97 FEET TO A
POINT IN THE RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD, RUNS THENCE ALONG THE
RIGHT-OF-WAY OF SEABOARD COASTLINE RAILROAD SOUTH 66 DEGREES 29 MINUTES WEST 228.71 FEET TO A
POINT IN SAID RIGHT-OF-WAY; RUNS THENCE NORTH 15 DEGREES 21 MINUTES WEST APPROXMATELY 483.02 FEET
TO A POINT IN THE SOUTHERN RIGHT-OF-WAY LINE OF SAIDNORTHSIDE DRIVE NORTH 67 DEGREES 08 MINUTES
EAST 165.55 FEET TO THE POINT AND PLACE OF BEGINNING AND BEING A PORTION OF THE NORTHS IDE INDUSTRIAL
PARK PROPERTY AS SHOWN ON MAP RECORDED IN BOOK OF MAPS 1974, PAGE 256, WAKE COUNTY REGISTRY.
N. C. Bar A.uoc. Form No. l·JA ~ 1977 NCBA 001
BK008504PG02615 • • TH!-s PROPERTY HAS BEEN USED AS A HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE. A NOTICE OF
INACTIVE HAZARDOUS SUBSTANCE OR WASTE DISPOSAL SITE IS RECORDED IN THE WAKE COUNTY REGISTER OF
DEEDS OFFICE AT BOOK OF MAPS 2000, PAGE /Of! . QUESTIONS CONCERNING THIS MATTER MAY BE
DIRECTED TO THE NORTH CAROLINA DIVISION OF WASTE MANAGEMENT SUPERFUND SECITON, INACTIVE
HAZARDOUS SITES BRANCH, POST OFFICE BOX 27687, RALEIGH, NC 27611.
Tho property herelnabovo doacrlbed waa acquired by Grantor by lnatrument recorded In fi.9.9\ .. f~fl,.Pµg~_iOQ .................. .
A map showing the above described property is recorded in Plat Book ........ .. ..... page .......... ..
TO HAVE AND TO HOLD the aforesaid Jot or parcel of land and all privileges and appurtenances thereto belonging to
ths Grantee In fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant
and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Restrictions and easements of record, and 2000 ad valorem taxes
IN WITNESS WHEREOF, the Gra.ntor bu hereunto Ht bis band and nal, or 11 corporate, has caused lhJ1 Instrument to be li1ned Jn. Its
corporate name by u, daly authorized oUlcera and 1t1 u&l to be hereu1:1to~t11ir.e authority of lt1 Board or Dlncton, lb• day a.a.d year Ant abova wrtu.an.
·-----·· · · · · ··· ·-------«,;,,;;;,·, .. -.. ·;;.;.;;;· ·------------· · ·-·· ··-~ OI-n,n .. r'mr1u,.v-· · ·"''_,,.,,,.... ___ ------·-·· ---------<SEAL>
ATTEST:
___________________________ secretary (Corporate lt&l)
(Corporate Na.m.a)
B1· -·-------·-----····-·------·-··-···•·-·-···········-····-··
ATTEIT:
-· .•. ---••.•.... __ ......... leeret&ry (Corporat.t ■•al)
NCBAOOI
0 :.: 15 :.: u ~
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Softl-'ro < ••• 0 •• ' ' ••
BK008504PG02616 • •
SIAL-STAMP NORTH CAROLINA, _______ ------~&,&£ _________ ..•• County,
f I, a Notary Public of the County and St.ate aforeu.ld, ceruty that JQHNM .. M.ETIREY ___________________ _
personally appeared bdon me thb Illy and acknowledrcd the execution of the forerolnr lnttrumcnt. Witness rny
My commlnhm explrn: ···········---················-
SBAL· STAMP
.111 I, a Notary Public of the County and Sta.le aroruald, certify that JAMES_F.MITfR.EY ................... .
.!l
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•
ANDREWS. MARTIN
NOTARY PUBLIC
WAKE COUN1Y, N.C.
Mi/ Commission E)p11es 3-1-2004
SEAL-STAMP
SEAL-STAMP
SEAL-STAMP
SEAL-STAMP
• ii .., persona.Uy appnrcd before me thlJ clay and aeknowJedccd the u:c Uon of the forerolnr I.Mtrumcnt. Wltncu my
~ band and oUlcW atamp or seal, lhlt .19Jh. daY or _________ _J
MY commluJon ex:plrc1: ••••••••••••••••••••••••••••••
NOB.TH CAROLINA, _________________ -----··•··-·-··--Coun.ty,
;; I, a Notary Publlc or the County and State aroruaJd, certJry that----·----------------------------------·---
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------------• --••••• --• --------•• __ -_____ -__ •• Granto,,
!!
: personally appeared before me lhl.s day and acll:nowledud the u:ecutLon. of tbe torecolnc instrument. Wltnu1 my
;; b.&.Dd and ofUdal ,tamp or aeal, thUI •••••• d.a1 or------------·--··---··------,------··
MY commission expires:·----·--·-···---·----·--·----·--·-·-----_ ••••• ______________________ ._Notary Public
NORTH CAROLINA, -··-·--·-·····-·-----··-·········-County.
~ I, a Notary Public or the County and State aforesaid, certify that
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~ --·-·----··------·---··-----···-----·----------·----·---------·-·-----------·-·-·--·---------------t..ra.ntor, • ii peno1ally appeared before me thl& day apd acknowledud the exuullon or the fonroinr Instrument. Wltne11 my
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::i h.ind and (lrtlcial stamp or seal, this----·-day of--··-·-·--·-·---·-·--·-----·•·-·-··-·
;\ly commiulon expires:----··-----·---·-·-·--·-------· _. ___ • ___ • __ • ______ • _____ •• _______ •.••.. Notary Pub Uc
NORTH CAROLINA, ••• ___ •• ___ •••••••• --·•·----•••••• County.
I, a Notary Public or the County and State aforenid, certify that .. .S penonally came before me tbl1 day and acknowled1ed that •.•• be Ls ···----------·----·--·-----Secretary of .. ~ -------------·-------------·---···---------------------a :iortb Carolina corporatlcn, and that by authority duly
ii .. riven and u the act of lhe corporaUon, the fcre1otnr Instrument wai; slrnird In Us n:tme by Its ______________ _
5 Preddent, teated with. lt1 corporate nal and attested by ___________ .:111 Its-----------·---------------Secretary.
Wltneu m)' band and oUlclal at.amp or Hal, thll -·---· day of---------·---------------..--·----·
My commhdon expires:······----------·--------------_ .•. _____ .••• ___ • --·-· __ --·-----·---___ Notary PubUc
NORTH CAROLINA, -

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---------------··---------------county,
I, a Notary Publlc or tbe County and Stah atoruald, certlfy tha.t
~ personally came before me lhls day and a.c.know1ed1ed that ..•. be Ls --··-----·----·---------··· Secretary or
----------·------·---------------·------·--------·--·· a North Carcllna corpcraUon, and that. by authority duly -:l a .. rlnn and u the act of the corporation, lhe fore1oin1 Instrument wu 1l1ned ln Its name by Ill ··---·-··--·---
5 Pre1ldent, scaled with lt.J corporate ital ui,d auuted by ---------·-u lts --····--------------------· Sec~tary.
Wltncu my ha.bd apd oUlcW 1l&mp or seal, this •••••• clay or --·-------··--------·----•·-----··
My commlulon e11pJre1: ----·-·-·-····-·-----------·--· ••••.• __ ••••. -•••• -·-------------•••••• Not.ar1 Po bile
Tbo fore10LD.1 CerUAeate(•) of ·-----------·----··----------·-·····-------·-----·--------------------------------·---------·----···------------
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ls/are eertUled to be correct. Tbll Ln1tru.meat an4 thh certUl.cal41 are 4uly rerhtend at the date and Ume and 1n the B0011: and Pare •hown en the
O.nt pa1e hereof.
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-------••• -• ---.•• -••••• ----•••••• ---•• RBGISTEI\ OF DEEDS FOR •• _._ ••••••• ___ ••. ---___ .• __ ••••••• COUNTY
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-__ ---• -. ---.• _ .••• ____________________ Deputy/ Anlst:ant-Rerl1ter of Deeds.
N.C.BarAs:s.oc.FormNo. L·JAel977 NCBAOOI SoftPro
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Date: 13 January 2000
To: Jack Butler
From: Grover Nicholson
RE: Gresham's Lake Site Cleanup Oversight (GLSCO)
Here's what we plan to do and where we are in the process as I understand it.
Rob is negotiating an Administrative Order On Consent (AOC) with the PRP group. When this
order is signed by the state and the PRP group, the PRP group will transfer funds to a state
account in the amount of about ½ of an FTE for an Environmental Engineer II, plus some travel
and other expenses. Rob has submitted a draft AOC to the PRP group and is waiting for their
reply.
The Division must set up an RCC account and other funding codes for these funds as appropriate.
We will be tracking all time spent on GLSCO and any other GLSCO expenses.
Dave Mattison will be the primary EE II assigned to provide oversight to the GLSCO project. A
Temporary Hydrogeologist, who will be hired to help Dave Mattison, may also charge some time
and expenses against the GLSCO account. Essentially, however, for the duration of the
oversight, Dave Mattison will receive ½ of his salary from our US EPA Support Agency
Agreement (for NPL work) and½ of his salary from the GLSCO account (for GLSCO work).
For the duration of the oversight, the Temporary Hydrogeologist will receive 100% of his salary
from the US EPA Support Agency Agreement (for assisting Dave Mattison with NPL work and
Gresham's Lake work). US EPA agrees that we do not need to amend the Support Agency
Agreement since we are still expending the equivalent of one EE II FTE on our NPL support
Agency work.
At the termination of the oversight work, the Temporary Hydrogeologist will cease to work for
us and Dave Mattison will again receive I 00% of his salary from the US EPA Support Agency
Agreement. This transition should be seamless in that there should be no period ohime when
Dave Mattison is only funded for ½ time.
Temporary Solutions has agreed that our Job Description and proposed salary for the Temporary
Hydrogeologist are satisfactory. We are planning to hire Doug Rumford as the Temporary
Hydrogeologist, as he is well qualified for the work. If Doug Rumford agrees to do this, he must
formally resign from state employment (i.e. tum in ALL necessary paperwork, including his
projected timesheet) about two weeks before his final day of work in the Superfund Section and
his hiring as the Temporary Hydrogeologist (which should coincide with his first day of work as
the Temporary Hydrogeologist). This two week time period will allow Doug's resignation to
become effective in the state employee "system". Temporary Solutions WILL NOT hire anyone
as a temporary if they are still in the state employee "system." After resigning from the Superfund
Section, Doug needs to tum in a new application to Temporary Solutions which includes all his
experience working in the Superfund Section. He then needs to go to Temporary Solutions on
Jones Street, see Tracy Smith (733-7927), and sign up for the Temporary Hydrogeologist job.