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Home My WebLink About2021.04.08_CCOA.p2.c.ii_ChemoursSeepConstructionLetter Joel M. Gross +1 202.942.5705 Direct Joel.Gross@arnoldporter.com Arnold & Porter Kaye Scholer LLP 601 Massachusetts Ave., NW | Washington, DC 20001-3743 | www.arnoldporter.com US 169592682v1 April 8, 2021 Francisco Benzoni Special Deputy Attorney General North Carolina Department of Justice PO Box 629 Raleigh, NC 27602 fbenzoni@ncdoj.gov Geoff Gisler Southern Environmental Law Center 601 West Rosemary Street, Suite 220 Chapel Hill, NC 27516-2356 ggisler@selcnc.org Re: Chemours Consent Order Addendum - Seeps Schedules Dear Mr. Benzoni and Mr. Gisler: I write on behalf of our client Chemours in follow up to my January 14, 2021 letter to you regarding the construction schedules for the seeps flow-through cell systems at Fayetteville Works. Since sending my January 14th letter, as Chemours has regularly discussed with DEQ, there have been significant and multiple additional episodes of flooding from the Cape Fear River that have caused further delays with the construction of the flow-through cell systems for Seeps A, B, and D. Construction activities could not be performed during these flooding events and until the muddy conditions were stabilized after the floodwaters receded. Given the delays from the significant flooding that has occurred, please find enclosed Chemours’s remaining anticipated schedules for completing construction of the flow-through cell systems for Seeps A, B, and D. Also enclosed are photographs of the flooding events as well as a USGS graph showing the Cape Fear River gage height and flooding events. The enclosed schedules for Seeps A, B, and D are based on continuing to work 10-hour days, six days a week. The schedules show construction activities and flooding delays that have already occurred and the remaining anticipated construction timelines, with contingencies for three more days of flooding or weather-related delays at Seep A and five more days of such delays at Seeps B and D. If there is additional flooding from the Cape Fear River or other weather-related events that impact construction activities for longer durations, the remaining construction timelines shown in the enclosed schedules April 8, 2021 Page 2 US 169592682v1 will change. Chemours will continue to keep DEQ and Cape Fear River Watch informed as construction progresses. As shown on the enclosed schedules, at present, the anticipated dates for the Seeps A, B, and D systems to be operational are approximately April 28, June 9, and June 28, 2021, respectively. We believe that these schedules represent an expeditious plan for completing construction given the flooding delays, as well as the earlier permitting delays described in my January 14, 2021 letter and Chemours’s October 16, 2020 letter, and that these schedules continue to fall within the scope of Paragraph 7 of the Addendum regarding delays in obtaining necessary permits and Paragraph 32 of the Consent Order regarding force majeure. Please let us know if you have any concerns with the enclosed schedules or need any further information to evaluate them. Sincerely, Joel M. Gross Enclosures: Seeps A, B, and D Construction Schedules Photographs of Seeps During 2021 Cape Fear River Flooding Events USGS 2021 Flood Frequency Graph of Cape Fear River April 8, 2021 Page 3 US 169592682v1 Cc: Sushma Masemore, DEQ William F. Lane, DEQ Michael Abraczinskas, DAQ Michael Scott, DWM Danny Smith, DWR David C. Shelton, Chemours Todd Coomes, Chemours John F. Savarese, WLRK Kemp Burdette, CFRW ID Task Name Duration Start 1 2 3 SEEP A 4 Soil Bench Material Import 4 days Mon 1/18/21 5 Construction of Pump Around and Bench 2 days Fri 1/22/21 6 Weather Days 2nd Event 3 days Tue 1/26/21 7 Sheet Pile Installation 3 days Fri 1/29/21 8 Weather Days 3rd Event 6 days Tue 2/2/21 9 Installation of Aggregate Subgrade in Dam 4 days Tue 2/9/21 10 Weather Days 4th Event 12 days Mon 2/15/21 11 Form and Pour Flow-Through Cell & Bypass 20 days Wed 3/3/21 12 Weather 5th Event 3 days Wed 3/31/21 13 Install Piping and Weirs in Flow Through Cell 9 days Mon 4/5/21 14 Installation of Aggregate and Carbon 2 days Fri 4/16/21 15 Hydrotest and Commisioning 3 days Tue 4/20/21 16 Potential Weather Days 3 days Fri 4/23/21 17 Reactor Operational 1 day Wed 4/28/21 18 Install Concrete Cap on Dam 3 days Thu 4/29/21 19 Install Beam and Grating 5 days Tue 5/4/21 20 Seep Channel Regrading and Riprap 79 days Thu 1/28/21 21 Restore Aggregate Roadway and Access Pad 4 days Thu 5/13/21 22 23 SEEP B 24 Clear Remaining Stumps and Debris 2 days Mon 1/25/21 25 Cumulative Weather Days 34 days Wed 1/27/21 26 Soil Bench Construction 4 days Fri 3/12/21 27 Installation of Pump Around System 2 days Thu 3/18/21 28 Sheet Pile Installation 6 days Mon 3/22/21 29 Weather Event 4 days Tue 3/30/21 30 Installation of Aggregate Subgrade in Dam 5 days Mon 4/5/21 31 Form and Pour Flow-Through Cell & Bypass 22 days Mon 4/12/21 32 Install Piping and Weirs in Flow Through Cell 9 days Wed 5/12/21 33 Hydrotest and Commisioning 2 days Wed 5/26/21 34 Install Concrete Cap on Dam 3 days Fri 5/28/21 35 Potential Weather Days 5 days Wed 6/2/21 36 Reactor Operational 1 day Wed 6/9/21 37 Seep Channel Regrading and Rip Rap 56 days Thu 3/25/21 38 Restore Aggregate Roadway and Access Pad 3 days Thu 6/10/21 10 17 24 31 7 14 21 28 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 Feb '21 Mar '21 Apr '21 May '21 Jun '21 Jul '21 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Page 1 Project: Summit Schedule Seep Date: Tue 4/6/21 ID Task Name Duration Start 39 40 SEEP D 41 Clear Remaining Stumps and Debris 6 days Tue 3/16/21 42 Soil Bench Material Import 6 days Wed 3/24/21 43 Weather Days 5 days Thu 4/1/21 44 Construction of Flow Through Culvert 2 days Thu 4/8/21 45 Sheet Pile Installation 5 days Mon 4/12/21 46 Installation of Aggregate Subgrade in Dam 5 days Mon 4/19/21 47 Form and Pour Flow-Through Cell & Bypass 24 days Mon 4/26/21 48 Install Piping and Weirs in Flow Through Cell 9 days Fri 5/28/21 49 Hydrotest and Commisioning 2 days Thu 6/10/21 50 Install Concrete Cap on Dam 5 days Mon 6/14/21 51 Potential Weather Days 5 days Mon 6/21/21 52 Reactor Operational 1 day Mon 6/28/21 53 Seep Channel Regrading 69 days Sat 3/20/21 54 Restore Aggregate Roadway and Access Pad 3 days Thu 7/1/21 10 17 24 31 7 14 21 28 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 Feb '21 Mar '21 Apr '21 May '21 Jun '21 Jul '21 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Page 2 Project: Summit Schedule Seep Date: Tue 4/6/21 Chemours Fayetteville 2021 Flood Event Photo Log 1st Event – Seep A Flooding 1-5-21 2nd Event – Seep A 2-2-21 3rd Event - Seep A 2-15-21 3rd Event -Seep A Water Still High 2-24-21 4th Event – Seep A Flooding March 2nd 5th Event - Seep B 4-1-21 5th Event – Seep D 4-1-21