HomeMy WebLinkAboutIH0034_20240209_Correspondence1
Engard, Brett
From:Engard, Brett
Sent:Friday, February 9, 2024 11:00 AM
To:gmazmanian@mankogold.com
Cc:Jacobs, Catherine S
Subject:NC DEQ/IHSB Call ASHEVILLE INDUSTRIES - NONCD0000034
Attachments:IH0034_19941014_Correspondence.pdf; IH0034_19970603_Correspondence.pdf; IH0034_20231027
_Correspondence RE Rec Elegibility.pdf; IH0034_20231106_Correspondence.pdf
Giselle,
Thank you for contacting us yesterday. The current property owner of the 10‐acre drum disposal Site parcel (9654‐14‐
7561), is Swisscan; the representative is Axel Binneboese, 647‐920‐6502, axelbinneboese@swisscan.com. The current
Brownfields Program number is 19011‐15‐011, but they didn’t complete the agreement or filing with the Register of
Deeds. There was a previous Brownfields applicant, Monarch Main, LLC, but they also did not follow through.
The attached October 14, 1994, letter stated that the Site, as considered by IHSB, includes the entire 51.5‐acre property;
current IHSB management, and our statutes, confirm this. The attached June 3, 1997, letter lays out ownership simply.
Without closure, Tenneco would remain the listed Responsible Party to IHSB Case NONCD0000034.
Documents can be accessed through Laserfiche, our online document repository, and the links below:
NONCD0000034 ‐ Asheville Industries
Project Number: 09019‐05‐011 – Monarch Main, LLC
Project Number: 19011‐15‐011 – Swisscan
As we discussed, the Registered Environmental Consultant (REC) program is a risk‐based option, whereas IHSB is not.
Based on my review of the historical documents, the Site appears to be a good candidate for the REC Program and
closure. To my knowledge, there has been no assessment information made available for the larger parcel containing
the manufacturing building. Perhaps Hubble performed a Phase I and II Environmental Site Assessments (ESA) prior to
purchasing the property in 1994, and they would be willing to share that information with Tenneco and IHSB for
consideration towards closure.
We also sent a letter to Hubbell, the property owner of Parcel 9654‐23‐0531, inviting them to participate in the REC
Program as a voluntary participant. Our respective correspondence is also attached as well. The Hubbell contact is:
Brian Donovan
Director Environmental, Health & Safety
Hubbell Electrical Solutions (HES) Segment
bdonovan@hubbell.com
603‐647‐5208 direct
603‐722‐9101 mobile
The REC Program supervisor is:
Dianne Thomas
Office: (919) 707‐8348
Dianne.Thomas@deq.nc.gov
The western region Brownfields Program Supervisor is:
Tracy Wahl
Ofc: 828‐251‐7460/Cell: 828‐337‐2121
tracy.wahl@deq.nc.gov
2
As always please feel free to contact me with any questions.
Brett Engard, P.G.
Hydrogeologist, Inactive Hazardous Sites Branch
Division of Waste Management
NC Department of Environmental Quality
828-767-2424 cell
Brett.Engard@deq.nc.gov
2090 US-70
Swannanoa
NC 28778
From: Giselle Davidian <gmazmanian@mankogold.com>
Sent: Thursday, February 8, 2024 3:07 PM
To: Engard, Brett <brett.engard@deq.nc.gov>
Subject: [External] NC DEQ/IHSB Call
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Hi Brett,
Thanks for your time and for walking me through the matter.
As requested, my information is below.
Best regards, Giselle.
Giselle Davidian
MANKO | GOLD | KATCHER | FOX LLP
An environmental, energy, litigation, safety and land use law practice
Three Bala Plaza East, Suite 700 | Bala Cynwyd, PA 19004
(w) 484.430.4587 | (f) 484.430.5711
gdavidian@mankogold.com | www.mankogold.com
Leter to Newport News Shipbuilding (October 14, 1994)
Laserfiche ID: SF_F_NONCD0000034_20121128_IHS_C, (PDF Page 80)
From:Donovan, Brian
To:Engard, Brett
Cc:Donovan, Brian; Forgione, Jacqueline
Subject:[External] REC Program Eligibility Site ID NONCD0000034
Date:Friday, October 27, 2023 1:56:36 PM
Attachments:image001.pngimage002.pngHubbell Distr - NCDEQ Site ID NONCD0000034 Response Ltr.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Dear Mr. Engard,
With respect to the NCDEQ Notice of REC Program Eligibility letter recently sent for Site ID
NONCD0000034, Hubbell Distribution, Inc. (“Hubbell”) respectfully requests the NCDEQ remove
Hubbell from its listing associated with the Asheville Industries remediation site. Hubbell is not
associated with, or in any way in possession or ownership of the contaminated site located at 1998
Henderson Road in Arden, North Carolina. Please see the attached report detailing that Hubbell
does not have any association with the aforementioned site.
We thank you in advance for your review of the attached and correction with respect to Hubbell’s
connection to this site. Should you have any questions please feel free to contact myself via e-mail
at bdonovan@hubbell.com or through my mobile phone at 603-722-9101.
Sincerely,
Brian
Brian Donovan
Director Environmental, Health & Safety
Hubbell Electrical Solutions (HES) Segment
bdonovan@hubbell.com
603-647-5208 direct
603-722-9101 mobile
From:Engard, Brett
To:Donovan, Brian
Cc:Forgione, Jacqueline; Jacobs, Catherine S; Day, Collin
Subject:REC Program Eligibility Site ID NONCD0000034
Date:Monday, November 6, 2023 12:04:00 PM
Attachments:image003.pngimage004.pngimage005.pngIH0034_19941014_Correspondence.pdfIH0034_20230519_C_FY21-22 SPL letter - Hubbell.pdfIH0034_20010319_C_ SPL Letter -Hubbell.pdf
Good morning Mr. Donovan,
As stated in the attached October 14, 1994, letter, and consistent with current IHSB statutes, the
“Site” includes the parcel containing the Asheville Industries manufacturing building currently owned
by Hubbell. In 2001, Hubbel was notified that it owns property which contains a Site Priority List
(SPL) site, and as the property owner Hubbell may voluntarily assess and remediate the Site. A copy
of the May 19, 2023, SPL letter sent to Hubbell is attached at well. Additionally, thank you for the
October 27, 2023, Notice of REC Program Eligibility letter requesting that Hubbell Distribution, Inc.
(Hubbell) be disassociated with the IHSB listed Site Asheville Industries – NONCD0000034.
Should Hubbell have information in its possession demonstrating that the parcel owned by Hubbell
has been completely assessed and contamination does not exist, then we can write a Memo to File,
stating that the IHSB site only pertains to the adjacent parcel with the Asheville Industries disposal
site. If Hubble performed real estate due diligence in 1994 for the purchase of the property from
Asheville Industries, then Hubble could have protections as a bona fide prospective purchaser,
innocent landowner, and/or contiguous property owner. A copy of the report should be submitted
to the IHSB for consideration. If the data and information does not exist or can’t be located, then as
the property owner Hubbell can perform assessment to support a Memo to File as discussed above.
As the property owner, Hubbell may enter the Registered Environmental Consultant (REC) Program
for assessment and cleanup (if needed) on the property owned by Hubbell. Benefits of the REC
Program can include control, expiated closure of the IHSB case, and/or lower costs to Hubbell by use
of risk-based remedial goals, as well as potential increased property value at resale.
Should you have any questions or comments, we are available for a teleconference.
Brett Engard, P.G.
Hydrogeologist, Inactive Hazardous Sites Branch
Division of Waste Management
NC Department of Environmental Quality
828-767-2424 cell
Brett.Engard@deq.nc.gov
2090 US-70
Swannanoa
NC 28778
From: Donovan, Brian <bdonovan@hubbell.com>
Sent: Friday, October 27, 2023 1:56 PM
To: Engard, Brett <brett.engard@deq.nc.gov>
Cc: Donovan, Brian <bdonovan@hubbell.com>; Forgione, Jacqueline <jforgione@hubbell.com>
Subject: [External] REC Program Eligibility Site ID NONCD0000034
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Dear Mr. Engard,
With respect to the NCDEQ Notice of REC Program Eligibility letter recently sent for Site ID
NONCD0000034, Hubbell Distribution, Inc. (“Hubbell”) respectfully requests the NCDEQ remove
Hubbell from its listing associated with the Asheville Industries remediation site. Hubbell is not
associated with, or in any way in possession or ownership of the contaminated site located at 1998
Henderson Road in Arden, North Carolina. Please see the attached report detailing that Hubbell
does not have any association with the aforementioned site.
We thank you in advance for your review of the attached and correction with respect to Hubbell’s
connection to this site. Should you have any questions please feel free to contact myself via e-mail
at bdonovan@hubbell.com or through my mobile phone at 603-722-9101.
Sincerely,
Brian
Brian Donovan
Director Environmental, Health & Safety
Hubbell Electrical Solutions (HES) Segment
bdonovan@hubbell.com
603-647-5208 direct
603-722-9101 mobile
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