Consolidated Freightways Inc. (Former NC James Farm) Statesville NC (GW Incident # 5484)

Please note that approval of this variance by the Environmental Management Commission
represents final action on this request pursuant to the requirements of ISA NCAC.2L .0113. If you need
to discuss this letter further, please feel free to contact me at [phone].
cc: Preston Howard
Arthur Moubeny
Groundwater Section Assistant Chiefs
Tom Warburton
Mooresville Regional Groundwater
Stewart Hines (S&ME, Inc)
Sincerely,
~~~
Arthur Mouberry, P.E.,
Chief, Groundwater Section
Lany Coble
Jennie Odette
Karen Connell
Dr. Ken Rudo
David Hance
Ernie Seneca
2
Author: David Hance at NRGWS0lP
Date: 12/5/1997 12: 48 PM
Priority: Urgent
TO: [e-mail] at Internet
CC: David Hance
Subject: re: your last phone message on 12/5/97.
------------------------------------Message Contents------------------------------------
*** VARIANCE/ CONSOLIDATED FREIGHTWAYS/ EMC GROUNDWATER COMMITTEE MTG/
12/97******
Larry,
I guess what you mean by a "report" is a presentation of your
hearing officer's report to the EMC Groundwater Committee Meeting -
Telling them what this variance is all about.
That is for the hearing officer to do.
Arthur has me doing other things for that meeting.
PLEASE NOTE: The EMC Groundwater Committee Meeting is on Wednesday ...
yes ... I said Wednesday December 10, 1997 at 3:00. NOT THE THURSDAY
EMC MEETING. This item will go to the full EMC in February 1998.
IN ADDITION: THIS MEETING WILL LAST ONLY ONE HOUR ... AND CHAIRMAN HAS
ADDED A LOT OF ISSUES. SO WHEN YOU MAKE YOUR PRESENTATION----KEEP IN
MIND THE VERY LIMITED TIME WE HAVE TO GET ALL OF OUR STUFF DONE.
** ATTACHED IS A COPY OF .... THE AGENDA FOR THAT MEETING. YOUR PACKET
WITH THE HEARING OFFICERS REPORT IS BEING SENT FEDERAL EXPRESS TO YOU.
If you have more questions call or e-mail ... ME.
d. hance
Author: "LARRY COBLE" <[e-mail]> at Internet
'Date: 12/5/1997 9: 18 AM
Priority: Normal
TO: David Hance at NRGWS0lP
Subject: re: variance/consolidated freightways/ changes
------------------------------------Message Contents------------------------------------
This looks ok to me. Go ahead for GW Committee next week.
Date: Thu, 4 Dec 1997 16:10:38 -0500
From: David [e-mail] (David Hance)
re: variance/consolidated freightways/ changes
[e-mail]
Subject:
To:
Cc: David [e-mail] .state.nc.us (David Hance)
**** IMPORTANT MESSAGE-CONSOLIDATED FREIGHTWAYS VARIANCE *****
Larry,
>I got your E-Mail AND attachment ... I made a small change to the
hearing officers report on the second page to reflect the comment by
Stewart Hines of S&ME Inc about monitoring
>> I also added ..... an Attachment 8 which consists of the August
comment made by Stewart that I faxed for your review early this week.
If these addition are ok or we need to discuss ..... please contact
me as soon as you can.
PLEASE NOTE: I must get these sent out .... TOMORROW .... so that the
Groundwater Committee, Paul and You will have the materials for the
December 10, 1997 EMC Groundwater Committee meeting IN A TIMELY
MANNER .
Send an E-mail response or call me.
See ya Soon,
David Hance
Author : David Hance at NRGWS0lP
12/4/1997 4:51 PM Date:
Priority:· Urgent
TO: [e-mail] at Internet
Subject: 2ND MESSAGE: DHANCE
------------------------------------Message Contents------------------------------------
SORRY LARRY,
I FORGOT TO ATTACH THE FILE I TOLD YOU ABOUT .
DH
Author: David Hance at NRGWS0lP
I?ate: 12/4/1997. 4: 10 PM
Priority: Urgent
TO: [e-mail] at Internet
CC: David Hance
Subject: re: variance/consolidated freightways/ changes
------------------------------------Message Contents------------------------------------
**** IMPORTANT MESSAGE-CONSOLIDATED FREIGHTWAYS VARIANCE *****
Larry,
>I got your E-Mail AND attachment ... I made a small change to the
hearing officers report on the second page to reflect the comment by
Stewart Hines of S&ME Inc about monitoring
>> I also added ..... an Attachment 8 which consists of the August
comment made by Stewart that I faxed for your review early this week.
If these addition are ok or we need to discuss ..... please contact
me as soon as you can.
PLEASE NOTE: I must get these sent out .... TOMORROW .... so that the
Groundwater Committee, Paul and You will have the materials for the
December 10, 1997 EMC Groundwater Committee meeting IN A TIMELY
MANNER.
Send an E-mail response or call me.
See ya Soon,
David Hance
..
August 7, 1997
Mr. David Hance
North Carolina Department of Environment,
Health and Natural Resources-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
RE: Proposed Groundwater Sampling and Analyses Schedule
After Variance Approval (If Required by State)
Incident #5484
Consolidated Freightways, Inc. (Former James Farm Site)
State Road 2173, Statesville, Iredell County, NC
S&MEProjectNo. 1354-89-413A
Dear Mr. Hance:
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As per our phone conversation on August 7, 1997, if the State requires groundwater monitoring after
the Variance Request of May 16, 1996 is approved, then S&ME, Inc., on behalf of Consolidated
Freightways, Inc. (CF), recommends the following one year sampling and analyses schedule.
However, we do not believe that additional groundwater monitoring and associated trust fund expense
is necessary or cost effective, based on the previous sampling results, and the estimated time (30 to 62
years) for potential migration of low levels of compounds into the three downgradient ponds.
Furthermore, we believe that the low residual concentrations of substances in the groundwater at the
site, and the absence of human receptors of groundwater do not warrant the additional expense
'•
( estimate $5000/year) for semi-annual sampling, analyses and reporting .
The State's July, 1997 Notice of Variance Application and Hearing reqmres the hydrocarbon
compounds above the 2L groundwater standards to remain within the subject Consolidated
Freightways, Inc. property boundaries. Our proposed monitoring (if required by the State) would
further evaluate groundwater compliance within the Variance boundary area at selected on-site monitor
and former recovery wells (BMW-l/RW-4, MW-3, MW-4, MW-5, }.!W-6, 11.W-7, 11.W-8, and RT-
1). If required by the State, S&ME,·Inc. proposes to sample groundwater from these eight wells on a
S&ME. Inc. 9751 Southern Pine Boulevard, Charlotte, North Carolina 2827.3. (704) 52.3-4726, Fox (704) 525-.395.3
Mailing address: P.O. Box 7668, Charlotte, Nortl1 Carolina 28241-7668
Author: "LARRY COBLE" <[e-mail]> at Internet
_Date; 11/24/1997 ~1:58 AM
Priority: Normal
TO: David Hance at NRGWS0lP
Subject: RE: consolidated Freightways variance before the GWC -12/9
------------------------------------Message Contents------------------------------------
I probably need the package I sent up for approval in order to draft
comments for the Committee. If you could send me the consultants
report via courier, I would appreciate it .
Thanks!!
Date:
from:
Mon, 24 Nov 1997 11:47:35 -0500
David [e-mail] (David Hance)
Subject: RE: consolidated Freightways variance before the GWC -12/97
[e-mail] To:
Cc:
LARRY,
David [e-mail] (David Hance),
[e-mail] (Carl Bailey)
PRESTON APPROVED THE VARIANCE FOR CONSOLIDATED FREIGHTWAYS SO IT CAN
GO TO THE EMC GROUNDWATER COMMITTEE IN DECEMBER. THE NEW CHAIRMAN OF
THE COMMITTEE, RYAN TURNER, HAS ADDED SOME NEW ITEMS TO THE MEETING IN
ADDITION TO YOUR HEARING OFFICERS REPORT.
IN ADDITION, THE DECEMBER MEETING WILL LAST ONLY 1 HOUR ....... FROM 3
PM TO 4 PM ........... ON WEDNESDAY DECEMBER 10, 1997.
JUST WANTED TO LET YOU KNOW THAT AS YOU PREPARE YOUR COMMENTS TO THE
MEMBERS.
DH
" ' sf dte of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
,;.i;vfEMORANDUM
October 14, 1997
TO: Preston Howard, Director
THROUGH: Harlan Britt, Deputy Director
THROUGH:
FROM:
Arthur Mouberry, Section Chief~
Cbl~-al. Larry D. o e, Region Supervisor
Winston-Salem Regional Office
AVA
DEHNR
DIVISION OF WATER QUALITY
SUBJECT: Hearing Officer's Report and Recommendations
Variance Request from 15A NCAC 2L .0202 and .01060)
Consolidated Freightways Incorporated
Former James Farm Site
Incident No. 5484
Iredell County
In accordance with your memorandum dated August 15, 1997, a Public Hearing was held
on August 26, 1997 at 7:00 p.m. at the Iredell County Hall of Justice in Courtroom#! located
on 221 Water Street in Statesville, North Carolina. I served as the hearing officer and a
summary of the public hearing and my recommendations are attached for your consideration.
The issue concerns whether the Environmental Management Commission (EMC) should
approve or deny a request for a variance of the Groundwater Quality Standards in 15A North
Carolina Administrative Code (NCAC) 2L .0202 and 15A NCAC 2L .0106(j). Such a variance
may be granted by the EMC under the authority of North C~olina General Statute (NCGS) 143-
215.3(e). The procedures for application and for public notification found in 15A NCAC 2L
.0113 have been followed for this request.
Also attached for your review and reflection are those documents considered relevant to
this request including a summary of background information.
If you have any questions, please do not hesitate to call.
Attachments
.w N--.'-k,_+;:;a_C ~ 585 Waughtown Street .-. ,._ FAX [phone]
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PUBLIC HEARING
A public notice was published advising interested parties that a public hearing was
scheduled on August 26, 1996 (Attachment 1). The public hearing was conducted as scheduled.
The Division was represented by three staff members:
Larry D. Coble
Paul R. Dahlen
David Hance
Hearing Officer
Mooresville Regional Office
Recorder
The hearing was attended by four citizens, one of these, Mr. Stewart M. Hines, Senior
Hydrogeologist for S&ME, consultants, for the Company made a brief statement in support of the
variance request . No other comments were presented. Opening remarks were given by the
Hearing Officer, followed by the staff presentation by Paul Dahlen (Attachment 3). No written
comments were received during the hearing and only one comment was received prior to the
closing of the hearing record on September 26, 1997. That comment was from Consolidated
Freightways environmental consultant (Attachment 8).
DISCUSSION/RECOMM:ENDATION
The two issues before the Environmental Management Commission (EMC) are whether
to grant a variance from the Groundwater quality standards for benzene, toluene, ethylbenzene,
xylenes, and ethylene dibromide as found in NCAC 2L .0202; and a variance from the
requirement to continue to implement a corrective action plan using the best available technology
as required by NCAC 2L .0106 (j).
This property consisted of approximately 94 acres and was previously owned by Mr. N. C.
James. It was operated as a dairy farm from 1947 until 1990, when it was purchased by
Consolidated Freightways. Upon purchase, the Company removed 5 underground storage tanks
that were used to supply fuel for farm equipment. Contamination was found at this time. The
Company bought this property with the intent of using it for Company operations. Since that time
the Company has decided to place the property on the market for sale. The proposed variance will
apply only to about 3 acres of the 94 acre tract of land.
A total of $286,000 has been expended on clean-up of this site so far, as of June 10, 1997,
$165,564.69 has been reimbursed from the State Underground Storage Tank Trust Fund. This
clean-up included contaminated soil removal to the extent practicable and groundwater extraction
and treatment. Consolidated Freightways, Inc. has submitted supporting information
demonstrating that continued operation of best available technology will not result in significant
long term remediation of the site to the groundwater quality standards in 15 A NCAC 21 .0202.
The Company contends that continued operation of the existing system will be a serious financial
burden for them and the Trust Fund without significant public benefit.
Contaminated soil (4,100 cubic yards) has been excavated and disposed of appropriately.
A groundwater pump and treat system was in operation from October 1991 until December
1993. The contaminated groundwater plume is limited to the site and has not impacted off-site
properties. The closest downgradient receptor is a farm pond which is approximately 500 feet
from the source area. Groundwater modeling predicts that it would take 30-62 years for the
contaminant plume to reach this receptor assuming no attenuation or degradation of the
contaminants.
Based upon the limited areal extent of contamination, the ability of the contaminants to
.. ;,:/attenuate, and the financial burden of continued remediation without significant environmental
improvement, it is my recommendation that the EMC consider granting the variance request.
This variance should be contingent on the Company continuing to monitoring the contamination
plume on an annual basis until such time as it can be determined that contamination levels are
no longer increasing and/or natural attenuation is occurring as anticipated. When it can be
determined that the farm pond is not at risk, a "no further action" letter could be issued.
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Attachment 1
( Public N otice)
NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND , L . ( -..
RESOURCES ~N.C. Dept. of EHNR
JUL 29 1997
Winston-Salem DIVISION OF WATER QUALITY
Notice is hereby given of a variance application and public hearing to be hel R~ tg IJ/J ' f
Environment, Health and Natural Resources on behalf of the Environmental Management Commission. The
hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202
and the Corrective Action requirements of ISA NCAC 2L .0106 (j) for a site at State Road 2173 (James Farm
Road) in Statesville, North Carolina. The Division of Water Quality refers to this site identified in the variance
request as Groundwater Incident# 5484. This property, previously owned by Mr. N .C. James of Statesville,
North Carolina, is now owned by Consolidated Freightways Incorporated. The Consolidated Freightways
Incorporated is entirely responsible for cleanup for Groundwater Incident # 5484. This variance application
from Consolidated Freightways was received for review by the Department on May 16, 1996.
The property where the release of petroleum product has occurred is located as follows:
In Iredell County near the Interstate 40 and Interstate 77 interchange. Take US 40 west to Statesville, North
Carolina and continue on past Interstate 77 approximately one and one-half miles. Take the US 21 Exit north
for one-half mile and turn right (east) onto James Farm Road (State Road 2173). Turn onto the dirt road
when State Road 2173 abruptly angles north. The site is at the abandoned farm that was previously operated
by Mr. N.C. James on this dirt road. This property is listed in the Iredell County Tax Records as Parcel
Number l l 10B0000A043.
Consolidated Freightways Incorporated requests that the Environmental Management Commission
grant the following variance to its rules under the authority of 15A NCAC 2L .0113 so that it does the
following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), and Ethylene
Dibromide to remain at levels above 15A NCAC 2L .0202 standards as analyzed on April 22, 1996.
These concentrations will be required to remain within the property boundaries of Parcel Number
1110B000A043.
The property at James Farm Road, for which the Consolidated Freightways Incorporated has
cleanup responsibilities under Groundwater Incident Number 5484, consists of approximately 94.492
acres of land. The total land area covered in this variance request consists of 2. 7 5 acres of this land
(120,000 square feet) and is roughly in the shape of a rectangl~. From 194_7 through 1990 Mr. N.C.
James operated a dairy on this property. ·During this period Mr. James stored petroleum products on
this land for use in farm machinery and vehicles. Four 1,000 gallon underground storage tanks
containing gasoline and one 550 gallon underground storage tank containing diesel fuel were kept on
this site. In 1990, Mr. James ·sold this property to Consolidated Freightways Incorporated. In
purchasing the property Consolidated Freightways Incorporated accepted the responsibility to cleanup
this site. This property is located in an area with a mixture of commercial, industrial, and residential
development.
1
Pursuant to the transfer of property to Consolidated Freightways Incorporated, the company
removed four 1, 000 gallon underground storage tanks for gasoline at an area known as "Tank Pit#
l" and one 550 gallon tank that was once used to store diesel fuel from part of the property identified
as "Tank Pit# 2" in November 1989. During tank removal it was discovered that unknown quantities
of diesel fuel and gasoline had been released over the time this property had been operated as a farm.
All potential sources of groundwater contamination were identified at this property by the company.
The site assessment was submitted on November 26, 1990. The corrective action plan for this site was
submitted on January 23, 1991. Additional reports concerning the progress of cleanup at this site were
submitted between November 1991 and June 1994. These plans and reports were approved by the
Division and are on file at the Mooresville Regional Office.
All contaminated soils from Tank Pit # 1 and Tank Pit # 2 were excavated and treated at the site
and there are no remaining soils impacted by this release. Pursuant to approval by the Mooresville
Regional Office, these soils were land applied over a 12 acre area of the farm. After eight weeks of
land application, four composite soil samples were collected and revealed less than 5 parts per million
ofBTEX and Total Petroleum Hydrocarbons (TPH). This concentration is below the level found in
the "Groundwater Section Guidelines for the Investigation and Remediation o/Soil and Groundwater
(March 17, 1997) ". Permits to remediate soils via application to the land surface are no longer needed
and have either expired or have been rescinded.
The comprehensive site assessment revealed a groundwater plume from a small area of free
product contamination at Tank Pit # 1 where the four gasoline underground storage tanks had been
removed. The area of free product was in the shape of an ellipse and was approximately 22,500
square feet (0.52 acres) in diameter with it's longitudinal axis in a southwesterly direction. Site
assessment information on file in the Mooresville Regional Office shows that the vertical extent of
this plume to be approximately 46.5 feet below the ground surface. It is not believed that this plume
contaminated the bedrock aquifer beneath this site. Groundwater cleanup was initiated at this site in
an area known as Tank Pit # 1 on October 28, 1991. The cleanup system used by Consolidated
Freightways Incorporated consisted of a combination of pump-and-treat with air-stripping via carbon
filter to remove contaminants from groundwater. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows water and other
fluids, discharged through an air stripping device, to be sent back into the subsurface where they
recirculated into the cleanup system for continual treatment. An infiltration gallery may also serve
to enhance intrinsic biodegradation of contaminants by introducing dissolved oxygen in the subsurface
which may stimulate biologic decomposition of some dissolved petroleum hydrocarbons. A recovery
trench was excavated in the area of the former Tank Pit# 1 as a collection point for migrating liquids
beneath the surface of the ground. On December 2, 1993 the Division of Water Quality recommended
the pump-and-treat system be turned off and monitoring be conducted and cleanup operations ceased
on December 17, 1993 . In order to maintain operational status of the pump-and-treat cleanup system
the company reactivated the cleanup system for a brief period of time from June 1, 1994 through
September 1, 1994. Groundwater cleanup was not necessary at Tank Pit # 2 since monitoring well
sampling data has revealed no groundwater contamination at this area of the property.
The Division of Water Quality required Consolidated Freightways Incorporated to perform
groundwater monitoring to determine the vertical and lateral extent of contamination. Since April 23,
1990 monitoring has been conducted at six on-site wells located at State Road 2173. Benzene was
found in one of the six on site monitoring wells on July 29, 1990. The highest concentration of
Benzene found in a monitoring well, prior to implementation of groundwater cleanup, was 0.341
milligrams per liter found in Monitoring Well# 7 during the July 29, 1990 sampling event. The
2
Groundwater Quality Standard for Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in Monitoring Well # 7
significantly above the Groundwater Quality Standards in Title ISA NCAC 2L .0202. Monitoring
Well# 7 is located within the area of the proposed variance approximately 30 feet west of Tank Pit
# 1. Groundwater monitoring has been conducted on four different occasions over the last seven years.
Since July 29, 1990 no substances have appeared in Monitoring Well# 7. From April 23, 1990
through April 22, 1996 no substances have been detected in the remaining monitoring wells.
The Division also required Consolidated Freightways Incorporated to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances in recovery wells beginning
February 26, 1992. Recovery wells at Consolidated Freightways site on State Road 2173 site are used
as sumps to collect groundwater, free product, and dissolved hydrocarbons from the site for treatment.
This monitoring effort was necessary to understand the effect pump-and-treat cleanup had on
concentrations of substances at the site. Samples were obtained from the four recovery wells located
near Tank Pit# 1. The highest concentration of Benzene found in a recovery well, since groundwater
cleanup was implemented in October 1991, was 15.0 milligrams per liter found in Recovery Well#
BMW-1/RW-4 during the February 26, 1992 sampling event. The Groundwater Quality Standard for
Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter. Concentrations of Ethylbenzene,
Toluene, and Xylene were also found in Recovery Well# BMW-1/RW-4 significantly above the
Groundwater Quality Standards in Title I SA NCAC 2L .0202. This recovery well is located in an
west-southwest direction from the infiltration gallery and pump-and-treat cleanup system. It must be
noted that Recovery Well# BMW-1/RW-4 was a monitoring well at the time the February 26, 1992
sample was obtained. Shortly after the February 1992 semi-annual monitoring event, this well was
converted to a recovery well. Since that time no substances have appeared in Recovery Well#
BMW-l/RW-4.
Except for Recovery Well RT-I, concentrations of substances in recovery wells have been
reduced such that no substances were detected during the April 22, 1996 monitoring event. Benzene
was initially found in recovery well RT-1 at a concentration of 1.730 milligrams per liter on February
7, 1992. The Groundwater Quality Standard for Benzene is 0.001 milligram per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in this recovery well
significantly above the Groundwater Quality Standards in Title 15A NCAC 2L .0202. Since
February 1992 the company has monitored the groundwater quality at this well on six different
occasions. Reductions in concentration levels in recovery well R T-1 have been followed by upward
"rebounding" of concentrations, above the Groundwater Quality Standards in 15A NCAC 2L .0202.
The April 22, 1996 monitoring event revealed that concentrations of substances at recovery well R T-1
still remained above the standards.· Benzene found in this recovery well RT-I was at a concentration
of 0.860 milligrams per liter on February 1; 1992. Ethylbenzene was also found in this recovery well
at a concentration above the Groundwater Quality Standards in 15A NCAC 2L .0202. As indicated
by monitoring at Recovery Well # R T-1, insignificant reductions in Benzene and other substances
have occurred near the recovery trench as a result of using pump-and-treat with carbon air stripping
technologies. No significant increase in concentrations of substances was observed as a result of the
cessation of pump-and-treat cleanup operation.
Consolidated Freightways Incorporated has submitted supporting information showing that the
variance will not endanger public health, safety, or the environment. There are no water wells or
surface water supplies that are located in the downgraident direction from the site and known to be
in use as sources of drinking within a ½ mile radius of Consolidated Freightways Incorporated
property known as Parcel Number 111 0B0000A043. The requirements for variance applications in
3
ISA NCAC 2L .Ol 13(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. There are six water supply
wells located cross-gradient from the area for which the variance has been requested. These residential
wells are located to the north and northwest of the site on James Farm Road. The information
submitted by the company shows that the Mark White Residence at 187 James Farm Road, also
identified in the variance request as "Private Water Well # 4", has a water well but obtains water
supply from the county. The remaining five wells are used as the sole water supply for seven
residences. Two of these residences share the same well. Three wells are located on Consolidated
Freightways Incorporated property and have been abandoned and were closed by the introduction of
grout in these wells on October 23, 1991. The company does not believe these on-site wells will serve
as a channel for substances to migrate off-site. There are no large capacity drinking water supply
wells or drinking water supply intakes at surface water bodies located within a ½ mile radius of the
site. Drinking water in the area is obtained from the City of Statesville Light and Water Department
or the Iredell Water Corporation. The water supplied by the City of Statesville Light and Water
Department comes from a surface water intake located five miles from the site owned by Consolidated
Freightways Incorporated. Water from the Iredell Water Corporation is from two water supply wells
located 8/10 of a mile from the site. These two wells are six inch diameter and are located
approximately 400 feet deep in bedrock. The yield from these wells ranges from 16,000 to 40,000
gallons per day. Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site.
Based on groundwater flow information obtained during the Comprehensive Site Assessment,
it is believed that the contaminant plume is moving to the west-southwest. Consolidated Freightways
Incorporated has calculated the time it will take Benzene and other substances found at the site to
impact three down-gradient on-site ponds that discharge into Fourth Creek, a tributary of the Yadkin
River. The company asserts that substances in the plume of dissolved petroleum hydrocarbons will
enter the three farm ponds at concentration levels exceeding ISA NCAC 2L .0202 standards for
Benzene, Ethylene Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes that no dilution or attenuation of the plume occurs.
An Iredell Water Corporation water supply line passes through the area for which the variance
has been requested. The Iredell Water Corporation has reported to the Groundwater Section staff that
water supply lines are generally -located at a depth of three to six feet beneath land surface.
Consolidated Freightways has estimated that the depth to groundwater, where substances have been
reported in excess of the ISA NCAC 2L .0202 Groundwater Quality Standards, is 25 to 35 feet
beneath land surface. It is highly unlikely that substances in groundwater at the site owned by
Consolidated Freightways Incorporated will have an adverse impact on this water supply line.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
ISA NCAC 2L .0I06G). Consolidated Freightways Incorporated has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained in
ISA NCAC 2L .0202. This is due to the high probability that continued remediation activities at the
site will not significantly reduce contaminant levels below Groundwater Quality Standards in I SA
NCAC 2L .0202. Consolidated Freightways Incorporated reports that 4100 cubic yards of diesel and
gasoline contaminated soils were removed, stockpiled, and remediated at this site. A total of2,448,750
gallons of groundwater has been treated using this technology. A total of$ 286,000 has been
4
expended to conduct the site assessment. reimburse claims, conduct monitoring, and cleanup this
site. Information from the Groundwater Section shows that as of June 10, 1997, $165,564.69 of this
cost has been reimbursed thro1:1gh the Non-Commer~ial Leaking Petroleuµ1 Underground Storage
Tank Trust Fund.
Consolidated Freightways Incorporated has · shown that no significant increases in the
concentration of any substance above groundwater standards was observed in monitoring wells as a
result of the cessation of pump-and-treat cleanup at this site. It must be noted that fluctuations in the
concentrations of Benzene, Toluene, Ethylbenzene, and Xylene in recovery well RT-1 have occurred
and no significant reductions have been observed since March 7, 1994. The company believes that the
continued presence of substances in the recovery trench of the former T_ank Pit # 1, demonstrates that
continued implementation of pump and treat will not result in a significant reduction in contaminant
concentrations at this site.
Consolidated Freightways Incorporated does not believe the use of in-situ or enhanced
bioremediation is best available technology for this site. In-situ or enhanced bioremediation relies on
the introduction of nutrients and oxygen to groundwater to assist in supporting the development of
a population of microorganisms capable of breaking down substances into harmless chemicals such
that concentrations of substances are reduced below the 15A NCAC 2L .0202 Groundwater Quality
Standards. The company has submitted information demonstrating that conditions at this site are
such that the life and growth of indigenous populations of microbes that may exist in the subsurface
will be sustained. Consolidated Freightways Incorporated believes that "intrinsic bioremediation"
is already occurring at this site. In-situ or enhanced bioremediation will require the company to
expend additional funds to meet the permitting requirements for injection wells in 15A NCAC 2C
.0200 to introduce nutrients and oxygen into the subsurface. Consolidated Freightways does not
believe it is cost effective· to use in-situ bioremediation at a site where natural conditions in the
subsurface are capable of supporting viable microbial populations.
Consolidated Freightways Incorporated has considered the use of air sparging as an alternate
technology to the present pump-and-treat system. The company does not believe that the use of this
technology is practical to meet the requirements of 15A NCAC 2L .0113(c)(5). Consolidated
Freightways Incorporated estimates the yearly costs to operate and maintain an air sparging system
would be approximately $ 18,000 based on a monthly projected .monthly cost of$ 1,500. Additional
costs for air sparging system design, well construction, and equipment would need to be calculated
·before this cleanup technology could be used at the site. The company estimates that it may take at
least two years for air sparging to reduce remaining contaminant levels below the Groundwater
Quality Standards in 15A NCAC 2L .0202, if these standards can be met at all. Consolidated
Freightways believes thatthe low residual concentrations of substances in groundwater at the site and
the lack of any human receptors does not warrant the additional expense of implementing air sparging.
The hearing will be held as follows:
STATESVILLE
Tuesday, August 26, 1997
7:00PM
Iredell County Hall of Justice
Second Floor, Courtroom # 1
221 Water Street
5
Oral Comments may be made during the hearing, or written statements may be submitted to the
agency by September 26, 1997. Written copies of oral statements exceeding three minutes are requested.
Oral statements may be limited at the discretion of the hearing officers.
Please forward comments or information requests to:
David Hance
EHNR-DWQ-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
Phone: [phone]; Fax: [phone]
Internet E-Mail Address: [e-mail]
This proposed variance request is available for public inspection at the locations listed below. Copies
may be obtained at each location for a charge often cents per page.
A. Preston Howard, Jr., P.E.
Director, Division of Water Quality
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
P.O. Box 29578
2728 Capital Blvd.
Raleigh, NC 27626-0578
[phone]
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
[phone]
6
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Attachment 2
(Registration List}
Attachment 3
(Hearing Officer's Speech}
The written comment period for this variance will close at 12:00 PM (midnight) on
September 26, 1997. I am requiring you to complete the hearing officers report and
the recommendation to the Environmental Management Commission Groundwater
Committee by December 26, 1997. This period of time is ninety (90) days after the closing
date for written public comment and allows Division staff adequate time to review your
recommendation. Unless significant new site information becomes available after the public
hearing or other extraordinary circumstances occur that dictate a longer review period by the
hearing officer, the earliest date that this variance may be considered by the Groundwater
Committee is October 9, 1997. If your review of the variance shows that there is a need for
a longer evaluation period, please contact Arthur Mouberry at [phone].
I appreciate your taking the time to conduct this hearing. The staff will be glad to
assist you through the proceedings. If you have any questions, feel free to call Carl Bailey at
[phone].
Attachments.
cc: Arthur Mouberry
Carl Bailey
David Hance
2
Public Hearing-Variance Request
Tuesday, August 26, 1997
7:00 P.M.
Variance to 15A NCAC 2L .0202 and 15A NCAC 2L .0106(j)
Consolidated Freightways Incorporated Property at State Road 2173 (James Farm
Road) in Statesville, North Carolina
(Groundwater Incident Number 5484)
HEARING LOCATED AT:
Iredell County Hall of Justice -(at 7:00 PM)
Second Floor, Courtroom Number 1
221 Water Street, Statesville, NC
Contact in Raleigh -David Hance [phone]
Mooresville Regional Office Staff Speaker -Paul Dahlen [phone]
C.:mtact at the Courthouse -Lynn Brennan [phone] {before 4:30 PM)
HEARING OFFICER'S SPEECH
HEARING OFFICER: Larry Coble, Division of Water Quality, Regional Supervisor
(Winston-Salem Regional Office)
HEARING OFFICER: GOOD EVENING, I WOULD LIKE TO CALL TIDS
PUBLIC HEARING TO ORDER. MY NAME IS LARRY COBLE, AND I AM
THE DIVISION OF WATER QUALITY REGIONAL SUPERVISOR IN THE
WINSTON-SALEM REGIONAL OFFICE. I HA VE BEEN DESIGNATED
HEARING OFFICER FOR TONIGHT'S PROCEEDINGS.
TIDS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA
GENERAL STATUTE lS0B-21.2. IN ACCORDANCE WITH THE GENERAL
STATUTES, A PUBLIC NOTICE OF THIS HEARING WAS PUBLISHED IN
1
UPON REMOVAL OF TANKS LOCATED AT TIDS FARM BY
CONSOLIDATED FREIGHTWAYS RELEASES OF PETROLEUM PRODUCT
WERE DISCOVERED CONSOLIDATED FREIGHTWAYS
HAS SOLE RESPONSIBILITY FOR CLEANUP AT THIS SITE.
CONSOLIDATED FREIGHTWAYS BOUGHT THIS PROPERTY WITH THE
INTENT OF USING IT FOR COMPANY OPERATIONS. SINCE THAT TIME
THE COMPANY HAS DECIDED TO PLACE THIS PROPERTY ON THE
MARKET FOR SALE PENDING FINAL ACTION ON THIS VARIANCE
REQUEST. THIS PROPOSED VARIANCE FOR CONSOLIDATED
FREIGH1WAYS WILL APPLY ONLY TO.,¾-ACRES OF THE..., 94 ~
3
' ..
THE APPLICANT PROPOSES TO TAKE NO FURTHER ACTION ON
CONCENTRATIONS OF BENZENE, TOLUENE, ETHYLBENZENE,
XYLENES, ETHYLENE DIBROMIDE FOUND DURING THE APRIL 22, 1996
GROUNDWATER ANALYSIS, AS LONG AS CONCENTRATIONS REMAIN
2>.
WITHIN THE BOUNDARIES OF TIDS • ACRE AREA OF THIS
PROPERTY.
CONSOLIDATED FREIGHTWAYS ALSO PROPOSES THAT CORRECTIVE
ACTIONS REQUIRING THE APPLICATION OF BEST AVAILABLE
TECHNOLOGY IN 15A NCAC 2L .0106 G) NOi' BE APPLIED TO THE AREA
WITIDN THE BOUNDARIES OF THE PROPOSED VARIANCE.
tONSOLIDATED FREIGHTWAYS HAS REPORTED THA~ So fq r
$ 286,000 HAS BEEN EXPENDED TO CLEANUP THIS SITE. INFORMATION
FROM THE GROUNDWATER SECTION SHOWS THAT AS OF JUNE 10,
1997, CONSOLIDATED FREIGHTWAYS HAS BEEN REIMBURSED
$ 165,564.69 FROM THE NON-COMMERCIAL
UNDERGROUND STORAGE TANK TRUST FUND FOR TIDS SITE.
CONSOLIDATED FREIGHTWAYS HAS SUBMITTED SUPPORTING
INFORMATION DEMONSTRATING THAT THE CONTINUED APPLICATION
4
' ·,
ENVIRONMENTAL MANAGEMENT COMMISSION CONSIDERS THE
WRITTEN RECORD, THE RECOMMENDATION OF THE HEARING
~ t
OFFICER, THE RECOMMENDATIONS OF DMSION STAFF, AND THE
,.
CONCERNS OF ITS MEMBERS. THE COMMISSION MUST ALSO
CONSIDER WHETHER THE APPLICANT HAS COMPLIED WITH 15A NCAC
2L .0113(g).
AT THIS TIME I WOULD LIKE TO RECOGNIZE (names of local and state
officials) AND THANK YOU FOR ATTENDING THIS HEARING. I WOULD
ALSO LIKE TO RECOGNIZE THE FOLLOWING PEOPLE FROM THE
DIVISION OF WATER QUALITY (DWQ central office and DWQ regional office personnel).
p~ l)c,.hle.lA
MR.(staff speaker) OF THE DIVISION OF WATER QUALITY-
GROUNDWATER SECTION MOORESVILLE REGIONAL OFFICE WILL
6
[speakers •.• ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in turn )
HEARING OFFICER: THANK YOU [last speaker]. ARE THERE ANY MORE
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE
THE HEARING CLOSED. THE HEAR.ING RECORD WILL REMAIN OPEN
UNTIL 12:00 PM (MIDNIGHT) ON SEPTEMBER 26, 1997. "ANYONE
WISHING TO SUBMIT WRITTEN COMMENTS MAY DO SO UNTIL THAT
DATE. AFTER WHICH TIME, THE COMMENTS WILL BE MADE PART OF
THE PUBLIC RECORD AND I SHALL MAKE RECOMMENDATIONS TO
THE ENVIRONMENTAL MANAGEMENT COMMISSION. WRITTEN
COMMENTS MUST BE ADDRESSED TO DAVID HANCE AT THE DIVISION
OF WATER QUALITY GROUNDWATER SECTION. THE ADDRESS
WRITTEN COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC
NOTICE AND IS AS FOLLOWS:
David Hance
EHNR-DWQ-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
8
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. HIS TELEPHONE NUMBER IN
RALEIGH IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE
BEST POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
9
..
Attachment 4
(Directions to Hearing)
DIRECTIONS TO THE PUBLIC HEARING
VARIANCE REQUEST FOR CONSOLIDATED FREIGHTWA YS
INCORPORATED (GW INCIDENT# 5484)
FROM RALEIGH:
Take Interstate 40 west and get on Interstate 40-85 west; take Interstate 40 at Greensboro, North
Carolina and proceed to Statesville. Take Exit 150 south onto North Center Street in Statesville.
Continue on North Center Street and tum left onto Water Street. Cross Tradd Street and look for
the Iredell County Hall of Justice on the left hand side of the road.
FROM WINSTON-SALEM:
Take Interstate 40 out of Winton-Salem, North Carolina and proceed west to Statesville. Take
Exit 150 south onto North Center Street in Statesville. Continue on North Center Street and tum
left onto Water Street. Cross Tradd Street and look for the Iredell County Hall of Justice on the
left hand side of the road.
FROM MOORESVILLE:
Take Interstate 77 north and take Interstate 40 west to Statesville. Take Exit 150 south onto
North Center Street in Statesville. Continue on North Center Street and tum left onto Water
Street. Cross Tradd Street and look for the Iredell County Hall of Justice on the left hand side of
the road.
(SEE ATTACHED MAPS)
Attachment 5
(June 20, 1997 Memorandum}
'
DIVISION OF WATER QUALITY
GROUNDWATER SECTION
June 20, 1997
MEMORANDUM
To:
From:
Subject:
Preston Howard
Arthur Mouberry #-
Request for Variance from 15A NCAC 2L .0202 and 15A NCAC 2L .01060)
for a Site Owned by Consolidated Freightways Incorporated of Statesville, North
Carolina (Iredell County) {also known as the Former NC. James Farm Site;
Groundwater Incident Number 5484; Priority Ranking 55/B}.
From 1947 through 1990 Mr. N.C. James operated a dairy from on this property located
at State Road 2173 near Interstate 77 in Iredell County. During this period Mr. James stored
petrQle~ products on this property for use in farm machinery and vehicles. Four 1,000 gallon
underground storage tanks containing gasoline and one 550 gallon underground storage tank
containing diesel fuel were kept on this site. In 1990, Mr. James sold this property to
Consolidated Freightways Incorporated. In purchasing the property Consolidated Freightways
Incorporated accepted the responsibility to cleanup this site.
Pursuant to title 15A NCAC 2L .0113 (c) variance applications are required to contain
specific information in order to adequately review a request. The Consolidated Freightways
Incorporated variance request is contained in a report titled "Variance Request Incident No. 5484
Consolidated Frei ghtway s, Inc. Former James Farm Site, Statesville. North Carolina S&ME
Pro ject No. 1354-96-368 (May 1996)". Additional information concerning the area for which the
variance is requested is found in a letter from Consolidated Freightways consultant dated April
30, 1997. In addition, the Groundwater Section requested that Consolidated Freightways
Incorporated provide a justification for a variance in lieu of submitting a corrective action plan
pursuant to 15A NCAC 2L .0106(k), (1) and (m). This information is shown a letter from
Consolidated Freightways Incorporated's environmental consultant titled "Rationale for Variance
Reguest Versus (k) or (1) CAPs" dated June 28, 1996. The comprehensive site assessment,
corrective action plans for soil and groundwater cleanup were submitted by the company and
approved by the Mooresville Regional Office. From November 1991 through June 1994
Consolidated Freightways submitted numerous reports on the progress of cleanup activities for
this site.
1
The information submitted by S&ME Incorporated on behalf of Consolidated
Freightways Incorporated appears to meet the requirements of 15A NCAC 2L .0113 (c) and is
summarized as follows:
Rule .Ol 13(c)(l): Resolution by the Countv or governing Board:
The Consolidated Freightways Incorporated has always been a privately
owned company. No resolution is necessary.
Rule .0113(c)(2): A description of past. existing or proposed activities that would result in a
discharge of contaminants into groundwater:
The property owned by Consolidated Frightways Incorporated (formerly
owned by Mr. N.C. James), is located in Iredell County at the Interstate 40 (1-40)
and Interstate 77 (1-77) interchange. The site is approximately one mile northeast
from the City of Statesville, North Carolina. The property is located on a gravel
driveway off of State Road 2173, also known as "James Farm Road", and is Parcel
Number 1110B0000A043. The report titled "Variance Request Incident No. 5484
Consolidated Freightways, Inc. Former James Farm Site. Statesville, North
Carolina S&ME Project No. 1354-96-368 CM;ay 1996)" contains the relevant
information about this site. A road map and areal photograph of this site are shown
in Figure 2 and Figure 4, respectively. The Consolidated Freightways Incorporated
site consists of approximately 94.492 acres of land. In November 1989 Consolidated
Freightways Incorporated removed four 1, 000 gallon underground storage tanks
for gasoline at an area known as "Tank Pit # 1". One 550 gallon tank that was once
used to store diesel fuel was removed from part of the property designated as "Tank
Pit # 2". During tank removal it was discovered that unknown quantities of diesel
fuel and gasoline had been released over the time this property had been operated as
a farm. All potential sources of groundwater contamination were identified at this
property by the company. The Consolidated Freightways Incorporated property at
James Farm Road and all adjacent properties are in an area with a mixture of
commercial, industrial, and residential development.
A land application and data report was sent to the Division on July 31, 1990.
The site assessment was submitted on November 26, 1990. The corrective action
plan for this site was submitted on January 23, 1991. Additional reports concerning
the progress of cleanup at this site were submitted between November 1991 and
June 1994. The variance request shows that of these plans and reports were
approved by the Division and are on file at the Mooresville Regional Office.
On September 14, 1990 Non-Discharge Permit WQ0003980 was issued for
2
I, l
land disposal of contaminated soils. Soil Remediation Permit SR0300109 was also
issued for this site. Consolidated Freightways Incorporated reports that 4100 cubic
yards of diesel and gasoline contaminated soils were removed and stockpiled at this
site. Pursuant to approval by the Mooresville Regional Office, these soils were land
applied over a 12 acre area of the farm. After eight weeks of land application, four
composite soil samples were collected and revealed less than 5 parts per million of
BTEX and Total Petroleum Hydrocarbons (TPH). All contaminated soils from
Tank Pit# 1 and Tank Pit # 2 were excavated and treated at the site and there are
no remaining soils impacted by this release. The non-discharge permit for soils
expired on February 18, 1994 and the soil remediation permit for land application
was rescinded on May 20, 1996.
The comprehensive site assessment revealed a groundwater plume from a
small area of free product contamination at Tank Pit# 1 where the four gasoline
underground storage tanks had been removed. The area of free product was in the
shape of an ellipse and was approximately 22,500 square feet (0.52 acres) in
diameter with it's longitudinal axis in a southwesterly direction. Site assessment
information on file in the Mooresville Regional Office shows that the vertical extent
of this plume to be approximately 46.5 feet below the ground surface. It is not
believed that this plume contaminated the bedrock aquifer beneath this site. Based
on core samples of wells the company believes the rock beneath surface is
unfractured up to a depth of 49 feet. Groundwater cleanup was conducted at this
site in an area known as Tank Pit# 1 from October 28, 1991 through December 17,
19~3. On December 2, 1993 the Division of Water Quality recommended the pump-
and-treat system be turned off and monitoring be conducted to determine if residual
contaminants in the soils and subsurface would recontaminate the groundwater, if
no treatment system were operating. This recommendation was made on the
condition that Consolidated Freightways Incorporated would maintain this cleanup
system in "operational status" for a period of one year. In order meet this
requirement the company re-activated the pump-and-treat cleanup system from
June 1, 1994 through September 1, 1994. By October 1994 the company's budget
for this site had been expended and the cleanup system was turned off again.
Consolidated Freightways Incorporated did not authorize additional cleanup funds
for this site. Monitoring well sampling data has revealed no groundwater
contamination at Tank Pit # 2.
From October 28, 1991 through December 17, 1993 a total of2,448,750
gallons of groundwater has been treated via pump-and-treat technology. The
cleanup system used by Consolidated Freightways Incorporated consisted of a
combination of pump-and-treat with air-stripping via carbon filter to remove
contaminants from the site. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows
water and other fluids, discharged through an air stripping device, to be sent back
into the subsurface where they recirculated into the cleanup system for continual
treatment. An infiltration gallery may also serve to enhance intrinsic
3
\ '
biodegradation of contaminants by introducing dissolved oxygen in the subsurface
which may stimulate biologic decomposition of some dissolved petroleum
hydrocarbons. A recovery trench was excavated in the area of the former Tank Pit
# 1 as a collection point for migrating liquids beneath the surface of the ground.
Non-Discharge Permit WQ0005069 was issued on September 13, 1991 for the
infiltration gallery. On August 12, 1996 the Mooresville Regional Office reported
that this infiltration gallery is not currently in use and will not be used if the
variance is granted.
The Division of Water Quality required Consolidated Freightways
Incorporated to perform groundwater monitoring to determine the vertical and
lateral extent of contamination at the site. From April 23, 1990 through April 22,
1996 the company conducted periodic groundwater sampling at six on-site
monitoring wells. The deepest of these monitoring wells is Monitoring Well# 8
which is 32.83 feet deep below the land surface. Groundwater samples were
analyzed using US Environmental Protection (USEP A) Method 601 for dissolved
substances and USEPA Method 602 for BTEX, MTBE, and Isopropyl Ether. The
highest concentrations of substances that ever ap.peared in monitoring wells at this
site occurred on July 29, 1990 in Monitoring Well# 7. Concentrations of substances
found during this monitoring event were in exceedence of the 15A NCAC 2L .0202
Groundwater Quality Standards. The concentrations of substances that appeared in
Monitoring Well# 1· during this sampling period are as follows:
CONCENTRATION CONCENTRATION GROUNDWATER
SUBSTANCE (in micrograms (in Milli grams QUALITY
per liter {ue:/L}) per liter {mg/L}) STANDARD (mg/L)
Benzene 341 0.341 0.001
Toluene 1020 1.020 1.000
Ethylbenzene 157 0.157 0.029
Xylene 1181 1.181 0.530
No substances appeared above detection limits in Monitoring Well# 7 after
July 29, 1990. Monitoring Well# 7 is located downgraident from the former Tank
Pit # 1 in a westerly direction from the infiltration gallery and pump-and-treat
cleanup system. No substances were found above detection limits in any of the other
monitoring wells between April 23, 1990 through April 22, 1996. Consolidated
Freightways Incorporated has also monitored BTEX levels in the six monitoring
wells. The highest BTEX concentration that ever appeared in a monitoring well at
this site was 2.715 milligrams per liter (mg/L) or 2,715 micrograms per liter in
Monitoring Well# 7 during the July 29, 1990 sampling event. The state has no
Groundwater Quality Standard for BTEX. Subsequent semi-annual monitoring
4
since that time has revealed that the BTEX concentration has declined below
detectable limits. BTEX has not been found in any of the other monitoring well
since July 29, 1990.
The Division also required the Consolidated Freightways Incorporated to
evaluate the effectiveness of groundwater cleanup efforts by examining
concentrations of substances in recovery wells used as sumps to collect free product
and dissolved hydrocarbons from the site. This monitoring effort was necessary to
understand the effect pump-and-treat cleanup has had on concentrations of
constituents at the site. Samples were obtained from four recovery wells February
26, 1992 through April 22 ,1996. These wells are located around the area which
formerly consisted of Tank Pit # 1. The highest concentrations of substances that
ever appeared in recovery wells at this site occurred during a semi-annual
monitoring event on February 26, 1992 in Recovery Well BMW-1/RW-4. All
concentrations reported were in exceedence of the 15A NCAC 2L .0202
Groundwater Quality Standards. The concentrations of substances that appeared in
Recovery Well# BMW-1/RW-4 during this sampling period are as follows:
CQNCENTRATION CONCENTRATION GROUNDWA]EB.
SUBSTANCE (in mii;.;rQ gtams (in Milli gram s Q UALITY
per liter {Y&LL}) per liter {mg/Ll) STANDARD (mg/1,J
Benzene 15,000 15.0 0.001
Toluene 51,000 51.0 1.000
Ethylbenzene 3,900 3.9 0.029
Xylene 25,000 25.0 0.530
Since this semi-annual monitoring event, concentrations of substances in this
well have decreased to the extent that they no longer exceed the Groundwater
Quality Standards in 15A NCAC 2L .0202. This recovery well is located in an west-
southwest direction from the infiltration gallery and pump-and-treat cleanup
system. It must be noted that Recovery Well# BMW-1/RW-4 was a monitoring
well at the time the February 26, 1992 sample was obtained. Shortly after the
February 1992 semi-annual monitoring event, this well was converted to a recovery
well. In addition, concentrations of substances in samples taken from Recovery
Well# RT-1 between February 7, 1992 and April 22, 1996 have been and are
presently above the 15A NCAC 2L .0202 standards. Recovery Well# RT-1 is
located directly in the recovery trench which was the former "Tank Pit # 1 " where
the four underground storage tanks had been located at this site. Neither of the
remaining recovery wells have had exeedences of the Groundwater Quality
Standards in 15A NCAC 2L .0202.
5
Consolidated Freightw·ays Incorporated has also monitored BTEX levels in
the four recovery wells at this site to evaluate the effectiveness of the cleanup system.
As shown on the map in Figure 4 of Appendix II, the highest BTEX concentration
that ever appeared in a recovery well at this site was 94.947 milligrams per liter
{mg/L) or 94,947 micrograms per liter (ug/L) in Recovery Well# BMW-1 during the
February 26, 1992 sampling event. The state has no Groundwater Quality Standard
for BTEX. Analysis of a groundwater sample taken on October 27, 1992 from this
well shows that this concentration was reduced to 0.072 milligrams per liter or 72
micrograms per liter. In addition, BTEX has also been detected at Recovery Well
# RT-1. The highest concentration of BTEX in this recovery well was 5.303
milligrams per liter (mg/L) or 5,305 micrograms per liter (ug/L) analyzed from the
sample taken during the February 7, 1992. On August 12, 1996 the Mooresville
Regional Office reported that the BTEX concentration in the sample taken on April
22, 1996 from Recovery Well# RT-1 has decreased to 1.215 milligrams per liter or
1,215 micrograms per liter (ug/L). No other recovery wells have shown BTEX
concentrations above detectable levels during the six years that monitoring has been
conducted at this site.
Since Consolidated Freightways Incorporated conducted cleanup from
October 28, 1991 through December 17, 1993, levels of contaminants in
groundwater have been significantly reduced in monitoring wells and recovery wells
as shown in Table# 1, Figure# 11, and Appendix Il of the report titled "Variance
Reg uest Incident No. 5484 Consolidated Freightway s, Inc. Former James Farm Site,
Statesville. North Carolina S&ME Proj ect No, 1354-96-368 (May 1996)". On April
22, 1996 Consolidated Freightways Incorporated conducted routine sampling of
monitoring wells and recovery wells at this site. None of the monitoring wells
showed concentration level above the 15A NCAC 2L .0202 Groundwater Quality
Standards. Except for Benzene, Etbylbenzene and Isopropyl Ether found m the
sample from the well in the recovery trench (Recovery Well# RT-1), laboratory
results from all other recovery wells showed substances below quantitation limits.
Based on the results of the April 1996 monitoring, Consolidated Freightways
Incorporated requested a variance for this site on May 16, 1996. As shown on Page
# 1 of the report, the company bas utilized the best available technology for this site
and has aggressively pursued clean-up such that it has resulted in a " .... reduction of
the pluine extent and magnitude by over 90%". They have specifically requested a
variance for the "surficial aquifer" beneath the site.
Potential sources of groundwater contamination in the area are shown on
maps located in Figure # 2 and Appendix IV of the report titled "Variance Re quest
Incident No. 5484 Consolidated Freightways, Inc. Former James Farm Site, ·
Statesville. North Carolina S&ME Proj ect No. 13 54-96-368 (May 1996 )" and
includes the following:
6
. '
1) Property owned by the Clark Equipment Company located to the
south of this site on 93 acres and built in 1978. There is a building on
this property which consists of approximately 413,840 square feet;
2) Twenty acres of land owned by Frame Plastics Incorporated located
to the north and identified as "vacant" on May 1, 1996;
3) A separate prop.erty owned by Mr. N.C. James under the corporate
title of "James Farms Incorporated" on 86.3 acres oflocated east of
the site and east of Interstate 77;
4) Property owned by the John S. Barnes Corporation located to the
southwest of the site on approximately 41.7 acres of land. A building
is on this site with a total square footage equal to 74,210 square feet.
The present use of this property is not known;
5) The well in the recovery trench identified as RT-1 where dissolved
petroleum hydrocarbons have been found as shown in the variance
request;
6) Three inactive drinking water wells located on the property. The
location of these wells relative to the recovery trench are as follows:
one well located directly north 150 feet away, a second well located
200-250 feet to the northwest, and a third well located 550 feet to the
southwest {see Figure 9 of Appendix II and Figure 14 of Appendix III};
7) A septic tank located 150-200 feet south of the recovery trench;
8) An Iredell County water supply line crossing the property from the
north to south and veering southwest {~ee Figure 14 of Appendix III};
9) State Road 2171 {a public roadway);
10) Interstate 77 {a public roadway);
Figure# 4 of the report titled "Variance Request Incident No. 5484
Consolidated Freightwavs, Inc. Former James Farm Site, Statesville, North
Carolina S&ME Project No. 1354-96-368 (Ma,y 1996)" is a copy of an areal
7
photograph of this property and other adjacent properties with the names and
addresses of the owners.
Rule .0113Cc)C3): Description of the proposed area for which the variance is requested:
Maps of the area are shown in the report titled "Variance Request Incident
No. 5484 Consolidated Freiehtways, Inc. Former James Farm Site, Statesville.
North Carolina S&ME Project No. 1354-96-368 (May 1996)". Pursuant to a
request for additional information by the Groundwater Section, Consolidated
Freightways Incorporated sent a letter with attachments on April 30, 1997 showing
the area on the property for which the variance was requested. The total land area
for this variance consists of 2. 75 acres of land or 120,000 square feet in the request.
This area is roughly in the shape of a rectangle and includes the former Tank Pit#
1, the recovery trench, the infiltration gallery, two upgraident "closed" water wells,
and an abandoned trailer. The variance is requested for the area impacted by the
release from Tank Pit# 1 and the portion of the property for which it is anticipated
that substances will migrate. All underground storage tanks, pumps, and
appurences have been removed from the property by the present owner.
No adjacent properties are included in this variance request. If at any time
monitoring reveals that concentrations of substances exceed the Groundwater
Quality Standards in 15A NCAC 2L .0202 on adjacent properties and it can be
determined that Consolidated Freightways Incorporated is responsible for the
contamination, the Division could still require the company to bring these
concentration levels in compliance with the standards in 15A NCAC 2L .0202. A
variance granted by the Environmental Management Commission does not exempt
Consolidated Freightways Incorporated from being held responsible for cleanup.
The concentration of contaminants in groundwater is primarily influenced
by the direction and rate of groundwater flow. The estimated groundwater flow
rate is contained in the site assessment report submitted by Consolidated
Freightways Incorporated to the Mooresville Regional Office. Based on this
information the company asserts that groundwater in the area flows toward three
"farm ponds". One of these ponds is located at what is believed to be the center line
of the direction of groundwater flow. This pond is 900 feet to the west-southwest
(See Figure # 7). The closest downgraident pond that could potentially be impacted
by substances at this site is 550 feet away to the north-northwest. The furthest pond
is to the southwest and is 1,120 feet away from the site. These ponds discharge into
an unidentified branch that empties into Fourth Creek. Fourth Creek eventually
drains into the Yadkin River. Consolidated Freightways has submitted calculations
and other information demonstrating that these ponds and adjacent downgraident
8
properties will not be impacted by the release identified as Groundwater Incident
Number 5484.
Rule .Ol 13 (c )C4 ): Supporting information to establish that the variance will not endan~e r the
public health and safety .,.:
This part of the variance concerns Groundwater Quality Standards shown in
15A NCAC 2L. 0202 and has been requested for Benzene, Ethylbenzene, Toluene,
Xylenes (-o,-m, and p), and Ethyl Dibromide. In order to assess health impacts,
monitoring wells were sampled at or near this site to assess the extent of
contamination and concentration levels of substances. Concentrations of substances
in recovery wells were also examined to determine the effectiveness of the pump-
and-treat/air stripping system at removing these chemicals. Groundwater
monitoring data from Consolidated Freightways Incorporated indicates that
substances released from previous farming operations at this site do not pose a
hazard to the public. Sampling and analysis of on-site wells at this property have
been conducted since April 23, 1990 at monitoring wells and is being continued at
the present time. A total of eight different sampling events occurred from 1990
through 1996 at seven monitoring wells located at the site. As previously stated the
highest concentrations of substances that appeared in a monitoring well occurred at
Monitoring Well# 7 on July 29, 1990. Since that time concentrations of substances
have not been observed in this well above quantitation limits. Concentrations of
substances from groundwater samples taken from the remaining monitoring wells
on April 22, 1996 did not exceed quantitation limits. USEP A Method 601 and 602
were used to determine concentration levels in samples collected from these
monitoring wells. ·
The company also conducted monitoring at the four recovery wells located at
this site. USEP A Method 601 and 602 were used to determine concentration levels
in samples collected from these recovery wells. As p_reviously stated the recovery
well where the highest concentrations of substances was found was at Recovery Well
BMW-1/RW-4 on February 26, 1992. Since that time gradual reductions in the
concentrations of Benzene, Ethylbenzene, Toluene, Xylenes (-o,-m, and p) have
occurred. Monitoring from the April 22, 1996 semi-annual event revealed that none
of these substances were detected in this well. Ethyl Dibromide was detected in a ·
sample from this well taken on October 27, 1992 at 9.40 x 10-3 milligrams per liter or
9.40 micrograms per liter. The Groundwater Quality Standard for Ethyl Dibromide
is 4 x 10-7 milligrams per liter or 4 x 10-4 micrograms per liter. Since that time Ethyl
Dibromide has not been detected at Recovery Well BMW-l/RW-4.
Concentrations of substances in recovery well RW-2 and recovery well RW-3
have not been observed above detectable levels. The highest concentration of
9
. ' '
substances found in this well occurred during the February 7, 1992 semiannual
monitoring event. Benzene found in recovery well RT-1 was at a concentration of
1. 730 milligrams per liter or 1730 micrograms per liter on February 7, 1992. The
Groundwater Quality Standard for Benzene is 0.001 milligram per liter or 1.0
microgram per liter. In addition, Toluene was reported at 1.470 milligrams per liter
or 1470 micrograms per liter. The Groundwater Quality Standard for Toluene is
1.0 milligram per liter or 1,000 microgram per liter. Ethylbenzene was reported at
0.208 milligrams per liter or 208 micrograms per liter. The Groundwater Quality
Standard for Ethylbenzene is 2.90 x 10·2 milligrams per liter or 29.0 micrograms per
liter. During this monitoring event Xylene was discovered at a concentration of
1.181 milligrams per liter or 1,181 micrograms per liter. The Groundwater Quality
Standard for Xylene is 0.530 milligrams per liter or 530 micrograms per liter. Since
February 1992 the company has monitored the groundwater quality at this well on
six different occasions. Reductions in concentration levels in recovery well RT-1
have been followed by upward "rebounding" of concentrations, above the
Groundwater Quality Standards in 15A NCAC 2L .0202. The April 22, 1996
monitoring event revealed that concentrations of substances at recovery well RT-1
still remained above the standards. Benzene found in this recovery well RT-1 was at
a concentration of 0.860 milligrams per liter or 860 micrograms per liter on
February 7, 1992.· The Groundwater Quality Standard for Benzene is 0.001
milligram per liter or 1.0 microgram per liter. Ethylbenzene was reported at a
concentration of 8.30 x 10·2 milligrams per liter or 83.0 micrograms per liter. The
Groundwater Quality Standard for Ethylbenzene is 2.90 x 10·2 milligrams per liter
or 29.0 micrograms per liter. Concentrations of Toluene and Xylenes did not appear
above the 15A NCAC 2L .0202 Groundwater Quality Standards during the April
22, 1996 monitoring event.
Consolidated Freightways Incorporated has attempted to defme the vertical
extent of groundwater contamination beneath the site. The deepest well Monitoring
Well# 8 (MW# 8) and it is 32.83 feet below the ground surface. Groundwater
sampling and analysis, conducted for approximately a six year period using USEP A
Method 601 and Method 602 have consistently shown concentrations of substances
below detectable limits.
Using site assessment information at the Mooresville Regional Office, the
company has calculated the time it would take for residual contaminants to impact
the nearest down-gradient on-site pond that discharges into Fourth Creek, a
tributary of the Yadkin River. Based on an average hydraulic gradient of 0.02
foot per foot, a hydraulic conductivity or (K) of 0.80 feet per day, and an effective
soil porosity of 0.35 for silty saturated soils, the estimated groundwater flow velocity
in the subsurface at this site is approximately 18 feet/year. The company used
measured hydraulic conductivities for the screened aquifer at monitoring wells
· Monitoring Well # 3, Monitoring Well # 4, and Monitoring Well # 7 in calculating
the value for (K) as a means to predict the rate of movement of contaminants from
the site. Consolidated Freightways Incorporated asserts that substances in the
10
plume of dissolved petroleum hydrocarbons will enter the three farm ponds at
concentration levels exceeding 15A NCAC 2L .0202 standards for Benzene, Ethylene
Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes no dilution or attenuation of the plume occurs. Pages 13 though 14, Figure
12, and Table# 3 of the report titled "Variance Req uest Incident No. 5484
Consolidated Freightways, Inc. Former James Farm Site, Statesville, North
Carolina S&ME Proj ect No.1354-96-368 (May 1996)" demonstrates that
conditions at the site are such that substances in the groundwater will likely
biodegrade due to the presence of indigenous microorganisms in the subsurface.
The company asserts that these natural conditions are such that the entire plume of
substances is expected to degrade to the extent that concentrations will be below the
Groundwater Quality Standards in 15A NCAC 2L. 0202 before the plu~e reaches
· downgradient ponds. Consolidated Freightways has calculated that biodegradation
is most likely to occur within 30 years. The last observed concentration levels of
Benzene, Ethylbenzene, and Isopropyl Ether from routine sampling on April 26,
1996 were used to determine the projected times of travel to the on-site farm ponds
as shown on Page 12 and Table # 1 of the report. It must be noted that Isopropyl
Ether has never been reported at this site above the. Interim Maximum Allowable
Concentration of 0.070 milligrams per liter or 70 micrograms per liter.
There are no water wells or surface water supplies that are located in the
downgraident direction from the site and known to be in use as sources of drinking
within a 1/2 mile radius of Consolidated Freightways Incorporated property known
as Parcel Number 1110B0000A043. The requirements for variance applications in
15A NCAC 2L .0113(c)(4) specify that locations of drinking water wells and other
water supply sources that are within one-half mile of the site must be shown on a
map. Page 9, the map in Figure 8, and Appendix 5 shows groundwater use in the
area near the site. There are six water supply wells located cross-gradient from the
area for which the variance has been requested. These residential wells are located
to the north and northwest of the site on James Farm Road. Figure# 8 shows that
the Mark White Residence has a residential water well (Private Water Well # 4)
and obtains water supply from the county. The remaining five wells are used as the
sole water supply for seven residences. Two of these residences share the same well.
Three wells are located on Consolidated Freightways Incorporated property and
have been abandoned. Pursuant to the requirements of Non-Discharge Permit
Number WQ0005069 these wells were closed by grouting on October 23, 1991.
Page 10 of the report titled "Variance Req uest Incident No, 5484
Consolidated Freightways, Inc. Former James Farm Site, Statesville , North
Carolina S&ME Proj ect No. 1354-96-368 (M ay 1996)" states that there are no large
capacity drinking water supply wells or drinking water supply intakes at surface
water bodies located within a 1/2 mile radius of the site. Drinking water in the area
is obtained from the City of Statesville Light and Water Department or the Iredell
Water Corporation (formerly known as Iredell County Water Corporation in the
variance request). The water supplied by the City of Statesville Light and Water
11
Department comes from a surface water intake located five miles from the site
owned by Consolidated Freightways Incorporated. Water from the Iredell Water
Corporation is from two water supply wells located 8/10 of a mile from the site.
These two wells are six inch diameter and are located approximately 400 feet deep
in bedrock. The yield from these wells ranges from 16,000 to 40,000 gallons per day.
Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site. No wellhead protection area, as defmed
in 42 USC 300h-7(e), has been designated for these county water supply wells.
Figure 14 of Appendix II shows that an Iredell Water Corporation water supply line
passes through the area for which the variance has been requested. The Iredell
Water Corporation has reported to the Groundwater Section staff that water supply
lines are located at a depth of three to six feet beneath land surface. Consolidated
Freightways has estimated that the depth to groundwater, where substances have
been reported in excess of the 15A NCAC 2L .0202 Groundwater Quality
Standards, is 25 to 35 feet beneath land surface. It is highly unlikely that substances
in groundwater at the site owned by Consolidated Freightways Incorporated will
have an adverse impact on these water supply lines.
Rule .0113(c)(5): Supportin~ information to establish th~t requirements of the rule cannot be
achieved by providing best available technology economically reasonable:
The part of the request that concerns variance to Corrective Action in 15A
NCAC 2L .0106(j) will allow Consolidated Freightways Incorporated to discontinue
Corrective Action at this site. The company has submitted supporting information
in the report and other documents demonstrating that the continued application of
BAT will not result in significant long term remediation of the site to the
Groundwater Quality Standards contained in 15A NCAC 2L .0202. The is due to
the high probability that continued cleanup activities at the site will not significantly
reduce contaminant levels below Groundwater Quality Standards in 15A NCAC 2L
.0202. Since discovery of the release in 1990, Consolidated Freightways
Incorporated has disposed of 4,100 cubic yards of petroleum contaminated soil via
land application and all soil cleanup has been completed for this site. The company
has treated approximately 2,448,750 gallons of groundwater to comply with the
cleanup requirements of the Corrective Action Plan that implemented on October
28, 1991. Page 19 of the report titled "Variance Reguest Incident No. 5484
Consolidated Freightways. Inc. Former James Farm Site. Statesville. North
Carolina S&ME Project No. 1354-96-368 {May 1996)" states that a total of$
286,000 has been expended to conduct the site assessment, reimburse claims,
conduct monitoring, and cleanup this site. The amount of money that has been spent
by Consolidated Freightways Incorporated at this site is. summarized as follows:
12
Activitv
Total costs to complete a Comprehensive Site
Assessment
Total costs to remove and land farm
petroleum contaminated soils on-site
Total cost to conduct monitoring
Total cost incurred on the responsible party
to develop a reimbursement claim
Total cost for groundwater cleanup
TOT AL. COST = $ ~86,~O~
Total Cost ($)
$ 43,000
$ 50,000
$ 25,000
$ 10,000
$158,000
Information from the Groundwater Section shows that as of June 10, 1997
that$ 165,564.69 of this cost has been reimbursed through the Non-Commercial
Leaking Petroleum Underground Storage Tank Trust Fund. At present the
remaining$ 120,435.31 of cleanup costs has been incurred by Consolidated
Freightways Incorporated. Groundwater analysis of samples from on-site
monitoring wells showed significant reductions in the concentrations of substances
from July 29, 1990 through September 1, 1994. On October 28, 1991 Consolidated
Freightways Incorporated implemented a corrective action plan to cleanup
groundwaters at this site. From October 28, 1991 through December 17, 1993 the
company operated a groundwater remediation systems consisting of pump-and-
treat cleanup and air stripping with carbon fdtration technologies. Groundwater
monitoring up through the September 1, 1994 sampling event showed reductions in
the concentrations of substances in the groundwater. Except for the well in the
recovery trench (RT-1) which is located in the former area of Tank Pit # 1 and
recovery well BMW-1\RW-4, the reductions in contaminant concentrations for
monitoring wells and recovery wells were such that substances were no longer
detected or were below the Groundwater Quality Standards in 15A NCAC 2L .0202.
On September 1, 1994 Benzene, Toluene, and Xylene were detected in the RT-1 well
above Groundwater Quality Standards and Benzene was found slightly above the
15A NCAC 2L .0202 standard in recovery well BMW-l/RW4. It must be noted that
13
'f
substances were not detected in most of the remaining monitoring and recovery
wells during this sampling event. Since that time, semi-annual groundwater
monitoring conducted on April 23, 1996 showed no detectable concentrations of
substances in monitoring wells and recovery wells, with the exception of the
recovery well in RT-1. No substances were detected in recovery well BMW-1\RW-4
during this monitoring event. It must be noted that significant reductions in the
concentrations of Benzene, Toluene, Ethylbenzene, and Xylene have not been
observed in recovery well RT-1 since March 7, 1994.
In order to demonstrate that the requirements of the rule cannot be achieved
using best available technology, title 15A NCAC 2L .0113(c)(5) requires that specific
technology considered be identified, the costs of implementing the technology be
shown, and the impacts of the costs on the applicant be provided. On Page 17 of
the report titled "Variance Request Incident No. 5484 Consolidated Freigbtways.
Inc. Former James Farm Site, Statesville, North Carolina S&ME Project No. 1354-
96-368 (May 1996)" shows the cost of continuing to operate the present cleanup
system. Consolidated Freightways Incorporated does not believe the continued use
of the current puinp and treat cleanup system with air stripping is the best available
technology for conditions that currently exist at this site. Pump and treat cleanup
technologies are most effective when contaminant concentrations are high and the
area impacted by the release or discharge of petroleum product is relatively small.
As pump and treat technology reduces concentration levels such that they are near
asymptotic levels, the benefits of this technology decreases significantly. The
company believes that concentrations of substances have been reduced to the
maximum extent possible by the application of pump-and-treat technology and that
further application is no longer cost effective. .
Consolidated Freightways Incorporated does not believe the use of in-situ or
enhanced bioremediation is best available technology for this site. In-situ or
enhanced bioremediation relies on the introduction of nutrients and oxygen to
groundwater to assist in supporting the development of a population of
microorganisms capable of breaking down substances into harmless chemicals such
that concentrations of substances are reduced below the 15A NCAC 2L .0202
Groundwater Quality Standards. The company has submitted information on
Pages 13 through 16, Figure 12, Table 3 and in Appendix IV demonstrating that
conditions at this site are such that the life and growth of indigenous populations of
microbes that may exist in the subsurface will be sustained. Consolidated
Freightways Incorporated believes that "intrinsic bioremediation" is already
occurring at this site. In-situ or enhanced bioremediation will require the company
to expend additional funds to meet the permitting requirements for injection wells
in 15A NCAC 2C .0200 to introduce nutrients and oxygen into the subsurface.
Consolidated Freightways does not believe it is cost effective to use in-situ
bioremediation at a site where natural conditions in the subsurface are capable of
supporting viable microbial populations.
Consolidated Freightways Incorporated has considered the use of air
14
sparging as an alternate technology to the present pump-and-treat system. The
company does not believe that the use of this technology is practical to meet the
requirements of 15A NCAC 2L .0113(c)(5). The company estimates the yearly costs
to operate and maintain an air sparging system would be approximately $ 18,000
based on a monthly projected monthly cost of$ 1,500. Additional costs for air
sparging system design, well construction, and equipment would need to be
calculated before this cleanup technology could be used at the site. The company
estimates that it may take at least two years for air sparging to reduce remaining
contaminant levels below the Groundwater Quality Standards in 15A NCAC 2L
.0202, if these standards can be met at all. Consolidated Freightways believes that
the low residual concentrations of substances in groundwater at the site and the lack
of any human receptors does not warrant the additional expense of implementing
air sparging.
On August 12, 1996 the Mooresville Regional Office provided comments
concerning the applicability of cleanup technology for this site. The regional office
believes that soil vapor extraction could reduce remaining concentrations of
substances near recovery well RT-1 that have remained above the Groundwater
Quality Standards. However, the Mooresville Regional Office cannot determine if
the extent of this reduction in contaminant levels will be any more effective at
reducing concentrations than a variance. In addition, if soil vapor extraction is
required for this site, Consolidated Freightways Incorporated will need to conduct
more extensive site assessments to implement this type of technology. Additional
cleanup costs would need to be expended by the company, some portion of which
may be eligible for Trust Fund Reimbursement since this site is Class AB under the
priority ranking system used by the Division of Water Quality.
Rule .0113 (c)(6): Supporting information to establish th at compliance would produce serious
financial hardshi p on the applicant:
Consolidated Freightways Incorporated has submitted information showing
that compliance with the rules will result in a serious financial hardship. Page 17
through 19 of the report shows that the company has demonstrated that the
-continued application of pump-and-treat or other alternative technologies to this
location would be unnecessarily expensive methods of remediating groundwater
contamination. The report states on page 19 that Consolidated Freightways
Incorporated plans to sell the property. It further states that "The property was
initially purchased by CF (Consolidated Freightways Incorporated) to build a new
trucking terminal". The company decided not to construct this terminal.
Consolidated Freightways Incorporated has had this property on the market for
three years and, according to Page 19 of the variance request, has not been able to
15
sell it " .... due to the potential liability and stigma associated with ownership of a
contaminated site". The company has thus far spent $ 286,000 to cleanup this site of
which only $165,564.69 has been reimbursed through the Non-Commercial Leaking
Petroleum Underground Storage Tank Trust Fund. The remaining $120,435.31 of
cleanup costs is incurred on Consolidated Freightways Incorporated at property
where the company has never conducted normal business operations or benefited
from it's use.
Consolidated Freightways Incorporated believes that there is immense
uncertainty that best available technology will remediate the groundwaters at this
site to applicable standards within a foreseeable period of time. Allowing the
persistence of low levels of contaminants in groundwaters that, after approximately
two years and three months of applying best available technologies, have
asymptotically approached the Groundwater Quality Standards in 15A NCAC 2L
.0106 through a variance is a prudent means of addressing the company's release at
this site. It is no less effective a means of addressing residual concentrations of
substances at this site than continuing the use of pump-and-treat with carbon
tlltration, the implementation of in-situ or enhanced bioremediation technology, air
sparging technology, or soil vapor extraction and is less expensive than any of the
alternatives discussed in the variance request. The company believes that "intrinsic
bioremediation" is occurring at this site and will, with adequate time, reduce the
remaining contaminant concentrations below the Groundwater Quality Standards
in 15A NCAC 2L .0202.
Rule .0113 (c)(7): Sup.p orting information that compliance would produce serious financial
hardshi p without equal or greater p ublic benefit:
The company has submitted information in the request demonstrating that
the environment, safety and public health would not be impacted by this variance.
The Groundwater Section believes that the public will not benefit from compelling
Consolidated Freightways Incorporated to continue remediating this site using
pump-and-treat technology or other alternatives discussed.
Rule .0113 (c)(8): "A copy of any Sp ecial Order ... ":
No Special Order by Consent has been issued for this site.
16
Rule .0113 (c)(9): "A list of names and addresses of property owners ... ":
The property owners within the proposed area of the variance are shown in
on Figure 4 (Latest Tax and Aerial Map) and are listed in Appendix IV of the report
titled "Variance Re quest Incident No. 5484 Consolidated Freightway s . Inc.
Former James Farm Site. Statesville, North Carolina S&ME Project No. 1354-96-
368 (May 1996)". The company has identified 22 property owners within the
general area of the variance request. This listing includes the following adjacent
property owners; James Farms Incorporated, the Clark Equipment Company,
John S. Barnes Corporation, Raymond Jr. and Jean Cornett, William and Rebecca
Cornett, Renforth and Carolyn Wilhelm, Bums McGree and Mary Wilhelm, James
and Norgen Waugh, and Fame Plastics Incorporated. Title 15A NCAC 2L
.0113(e)(E) requires that notification of a public hearing on this variance be given to
the owner or owners of these adjacent properties "at least 30 days prior to the date
of the hearing".
It is the recommendation of the Groundwater Section that the subject variance request to
Corrective Action requirements of 15A NCAC 2L .0106G) and Groundwater Quality Standards
contained in 15A NCAC 2L .0202 proceed to public notice in accordance with 15A NCAC 2L
.0113(e). On August 12, 1996 the Mooresville Regional Office sent a recommendation that this
variance be granted by the Environmental Management Commission pursuant to 15A NCAC 2L
.0113. On October 9, 1996 the Division of Epidemiology completed their review of the risk
assessment methodology for this site and recommended conditional approval of this variance for
Consolidated Freightways Incorporated for this property at State Road 2173 (Parcel Number
1110B0000A043) in Statesville, North Carolina. The Division of Epidemiology recommended
that monitoring be conducted at this site for "at least two to three years to ensure oversight in
the remaining areas of contamination". Attached are copies of the recommendation from the
Mooresville Regional Office and the Division of Epidemiology. Upon your concurrence with
our recommendation, the Groundwater Section will proceed with the preparation of the required
public notice and hearing. Upon completing of the requirements of 15A NCAC 2L .0113(d -f),
with a recommendation to grant this variance from the Environmental Management Commission
Groundwater Committee, this request will proceed to the Environmental Management
Commission for final action in 15A NCAC 2L .0113(g). If there are any questions regarding this
matter or if any additional information is needed, please let me know.
ATTACHMENTS:
cc: Groundwater Section Assistant Chiefs
Mooresville Regional Groundwater Supervisor
Dr.Ken Rudo
David Hance
17
Attachment 6
(June 27, 1997 Memorandum)
'Stbte of North Carolina
, •, Qepartment of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
TO: Arthur Mouberry, P.E.
June 27, 1997
Chief, Groundwater Section
FROM: A. Preston Howard, Jr. P.E~J.-
AVA
DEHNR
SUBJECT: Variance Request for Consolidated Freightways (Former N.C. James Farm
Site) in Statesville, North Carolina (Groundwater Incident Number 5484).
I have reviewed the attached package submitted in support of a request for a variance
as outlined in 15A NCAC 2L .0113. Based on the information that has been submitted, I
have determined that sufficient information exists to concur that this variance should
proceed with public notice and hearing as outlined in the rules. Please provide public notice
in accordance with 15A NCAC 2L .0f13(e) so that the Division can receive public input
prior to final action on this variance request.
cc: Groundwater Section Assistant Chiefs
David Hance
Mooresville Regional Hydrogeologic Supervisor
Groundwater Section,
P.O. Box 29578, Raleigh, North Carolina 27626-0578
2728 Capitol Blvd., Raleigh, North Carolina 27604
N{)C
ftMf'ri&t◄
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Action Employer
50% recycles/lO"k post-consumer paper
, .
' . '
Attachment 7
(Variance Request}
Attachment 8
(Public Comment)
August 7, 1997
Mr. David Hance
North Carolina Department of Environment,
Health and Natural Resources-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
RE: Proposed Groundwater Sampling and Analyses Schedule
After Variance Approval (If Required by State)
Incident #5484
Consolidated Freightways, Inc. (Former James Farm Site)
State Road 2173, Statesville, Iredell County, NC
S&l\1E Project No. 1354-89-413A
Dear Mr. Hance:
...
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As per our phone conversation on August 7, 1997, if the State requires groundwater monitoring after
the Variance Request of May 16, 1996 is approved, then S&l'vfE, Inc., on behalf of Consolidated
Freightways, Inc. (CF), recommends the following one year sampling and analyses schedule.
However, we do not believe that additional groundwater monitoring a.rid associated trust fund expense
is necessary or cost effective, based on the previous sampling results, and the estimated time (30 to 62
years) for potential migration of low levels of compounds into the three downgradient ponds.
Furthermore, we believe that the low residual concentrations of substances in the groundwater at the
site, and the absence of human receptors of groundwater do not warrant the additional expense
(estimate $5000/year) for semi-annual sampling, analyses and reporting.
The State's July, 1997 Notice of Variance Application and Hearing requires the hydrocarbon
compounds above the 2L groundwater standards to remain v,ithin the subject Consolidated
Freightways, Inc. property boundaries . Our proposed monitoring (if required by the State) would
further evaluate groundwater compliance within the Variance boundary area at selected on-site monitor
and former recovery wells (Bl\11W-l/R.W-4, MW-3, 11\V-4, MW-5, ~fW-6, MW-7, M\V-3, and RT-
1). If required by the State, S&lvffi, Inc. proposes to sample groundv..,·ater from these eight wells on a
S&ME. lric. 9751 Southern Pine 13oulevard. Chorlorre. Norm Carolina 2827.3. [phone]. Fox (704) 525-J95J
Moiling oddres.s: P.O. Box 7668. Charlorre. Norm Carolina 28241-7668
,.
land disposal of contaminated soils. Soil Remediation Permit SR0300109 was also
issued for this site. Consolidated Freightways .Incorporated reports that 4100 cubic
yards of diesel and gasoline contaminated soils were removed and stockpiled at this
site. Pursuant to approval by the Mooresville Regional Office, these soils were land
applied over a 12 acre area of the farm. After eight weeks of land application~ four
composite soil samples were collected and revealed less than 5 parts per million of
BTEX and Total Petroleum Hydrocarbons (TPH). All contaminated soils from
Tank Pit# 1 and Tank Pit# 2 were excavated and treated at the site and there are
no remaining soils impacted by this release. The non-discharge permit for soils
expired on February 18, 1994 and the soil remediation permit for land application
was rescinded on May 20, 1996.
The comprehensive site assessment revealed a groundwater plume from a
small area of free product contamination at Tank Pit # 1 where the four gasoline
underground storage tanks had been removed. The area of free product was in the
shape of an ellipse and was approximately 22,500 square feet (0.52 acres) in
diameter with it's longitudinal axis in a southwesterly direction. Site assessment
information on file in the Mooresville Regional Office shows that the vertical extent
of this plume to be approximately 46.5 feet below the ground surface. It is not
believed that this plume contaminated the bedrock aquifer beneath this site. Based
on core samples of wells the company believes the rock beneath surface is
unfractured up to a depth of 49 feet. Groundwater cleanup was conducted at this
site in an area known as Tank Pit # 1 from October 28, 1991 through December 17,
1993. On December 2, 1993 the Division of Water Quality recommended the pump-
and-treat system be turned off and monitoring be conducted to determine if residual
contaminants in the soils and subsurface would recontaminate the groundwater, if
no treatment system were operating. This recommendation was made on the
condition that Consolidated Freightways Incorporated would maintain this cleanup
system in "operational status" for a period of one year. In order meet this
requirement the company re-activated the pump-and-treat cleanup system from
June 1, 1994 through September 1, 1994. By October 1994 the company's budget
for this site had been expended and the cleanup system was turned off again.
Consolidated Freightways Incorporated did not authorize additional cleanup funds
for this site. Monitoring well sampling data has revealed no groundwater
contamination at Tank Pit # 2.
From October 28, 1991 through December 17, 1993 a total of2,448,750
gallons of groundwater has been treated via pump-and-treat technology. The
cleanup system used by Consolidated Freightways Incorporated consisted of a
combination of pump-and-treat with air-stripping via carbon filter to remove
contaminants from the site. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows
water and other fluids, discharged through an air stripping device, to be sent back
into the subsurface where they recirculated into the cleanup system for continual
treatment. An infiltration gallery may also serve to enhance intrinsic
3
since that time has revealed that the BTEX concentration has declined below
detectable limits. BTEX has not been found in any of the other monitoring well
since July 29, 1990.
The Division also required the Consolidated Freightways Incorporated to
evaluate the effectiveness of groundwater cleanup efforts by examining
concentrations of substances in recovery wells used as sumps to collect free product
and dissolved hydrocarbons from the site. This monitoring effort was necessary to
understand the effect pump-and-treat cleanup has had on concentrations of
constituents at the site. Samples were obtained from four recovery wells February
26, 1992 through April 22 ,1996. These wells are located around the area which
formerly consisted of Tank Pit# 1. The highest concentrations of substances that
ever appeared in recovery wells at this site occurred during a semi-annual
monitoring event on February 26, 1992 in Recovery Well BMW-1/RW-4. All
concentrations reported were in exceedence of the 15A NCAC 2L .0202
Groundwater Quality Standards. The concentrations of substances that appeared in
Recovery Well# BMW-1/RW-4 during this sampling period are as follows:
CONCENTRATION CONCENTRATIQN GROUNDWATER
SUBSTANCE (in mis;rQgrams (in Milligrams QUALITY
per liter {ug/L}) per liter {mg/Ll) STANDARD (.mg/L)
Benzene 15,000 15.0 0.001
Toluene 51,000 51.0 1.000
Ethyl benzene 3,900 3.9 0.029
Xylene 25,000 25.0 0.530
Since this semi-annual monitoring event, concentrations of substances in this
well have decreased to the extent that they no longer exceed the Groundwater
Quality Standards in 15A NCAC 2L .0202. This recovery well is located in an west-
southwest direction from the infiltration gallery and pump-and-treat cleanup
system. It must be noted that Recovery Well# BMW-1/RW-4 was a monitoring
well at the time the February 26, 1992 sample was obtained. Shortly after the
February 1992 semi-annual monitoring event, this well was converted to a recovery
well. In addition, concentrations of substances in samples taken from Recovery
Well# RT-1 between February 7, 1992 and April 22, 1996 have been and are
presently above the 15A NCAC 2L .0202 standards. Recovery Well# RT-1 is
located directly in the recovery trench which was the former "Tank Pit # 1 " where
the four underground storage tanks had been located at this site. Neither of the
remaining recovery wells have had exeedences of the Groundwater Quality
Standards in 15A NCAC 2L .0202.
5
-Consolidated Freightways Incorporated has also monitored BTEX levels in
the four recovery wells at this site to evaluate the effectiveness of the cleanup system.
As shown on the map in Figure 4 of Appendix II, the highest BTEX concentration
that ever appeared in a recovery well at this site was 94.947 milligrams per liter
(mg/L) or 94,947 micrograms per liter (ug/L) in Recovery Well# BMW-1 during the
February 26, 1992 sampling event. The state has no Groundwater Quality Standard
for BTEX. Analysis of a groundwater sample taken on October 27, 1992 from this
well shows that this concentration was reduced to 0.072 milligrams per liter or 72
micrograms per liter. In addition, BTEX has also been detected at Recovery Well
# RT-1. The highest concentration ofBTEX in this recovery well was 5.303
milligrams per liter (mg/L) or 5,305 micrograms per liter (ug/L) analyzed from the
sample taken during the February 7, 1992. On August 12, 1996 the Mooresville
Regional Office reported that the BTEX concentration in the sample taken on April
22, 1996 from Recovery Well# RT-1 has decreased to 1.215 milligrams per liter or
1,215 micrograms per liter (ug/L). No other recovery wells have shown BTEX
concentrations above detectable levels during the six years that monitoring has been
conducted at this site.
Since Consolidated Freightways Incorporated conducted cleanup from
October 28, 1991 through December 17, 1993, levels of contaminants in
groundwater have been significantly reduced in monitoring wells and recovery wells
as shown in Table# 1, Figure# 11, and Appendix II of the ·report titled "Variance
Req uest Incident No. 5484 Consolidated Freightways. Inc. Former James Farm Site,
Statesville, North Carolina S&ME Proj ect No. 1354-96-368 (May 1996.)". On April
22, 1996 Consolidated Freightways Incorporated conducted routine sampling of
monitoring wells and recovery wells at this site. None of the monitoring wells
showed concentration level above the 15A NCAC 2L .0202 Groundwater Quality
Standards. Except for Benzene, Ethylbenzene and Isopropyl Ether found in the
sample from the well in the recovery trench (Recovery Well # RT-1), laboratory
results from all other recovery wells showed substances below quantitation limits.
Based on the results of the April 1996 monitoring, Consolidated Freightways
Incorporated requested a variance for this site on May 16, 1996. As shown on Page
# 1 of the report, the company has utilized the best available technology for this site
and has aggressively pursued clean-up such that it has resulted in a " .... reduction of
the plume extent and magnitude by over 90%". They have specifically requested a
variance for the "surficial aquifer" beneath the site.
Potential sources of groundwater contamination in the area are shown on
maps located in Figure # 2 and Appendix IV of the report titled "Variance Req uest
Incident No . 5484 Consolidated Freigbtways. Inc. Former James Farm Site,
Statesville, North Carolina S&ME Proj ect No, 1354-96-368 (Ma y 1996)" and
includes the following:
6
1) Property owned by the Clark Equipment Company located to the
south of this site on 93 . acres and built in 1978. There is a building on
this property which consists of approximately 413,840 square feet;
2) Twenty acres of land owned by Frame Plastics Incorporated located
to the north and identified as "vacant" on May 1, 1996;
3) A separate property owned by Mr. N.C. James under the corporate
title of" James Farms Incorporated" on 86.3 acres of located east of
the site and east of Interstate 77;
4) Property owned by the John S. Barnes Corporation located to the
southwest of the site on approximately 41.7 acres ofland. A building
is on this site with a total square footage equal to 74,210 square feet.
The present use of this property is not known;
5) The well in the recovery trench identified as RT-1 where dissolved
petroleum hydrocarbons have been found as shown in the variance
request;
6) Three inactive drinking water wells located on the property. The
location of these wells relative to the recovery trench are as follows:
one well located directly north 150 feet away, a second well located
200-250 feet to the northwest, and a third well located 550 feet to the
southwest {see Figure 9 of Appendix II and Figure 14 of Appendix Ill};
7) A septic tank located 150-200 feet south of the recovery trench;
8) An Iredell County water supply line crossing the property from the
north to south and veering southwest {~ee Figure 14 of Appendix Ill};
9) State Road 2171 (a public roadway);
10) Interstate 77 (a public roadway);
Figure# 4 of the report titled "Variance Re q ues t Incident No. 5484
Consolidated Freightways, Inc. Former J ames Farm Site, Statesville, North
Carolina S&ME Proj ect No. 1354-96-368 (May 1996 )" is a copy of an areal
7
photograph of this property and other adjacent properties with the names and
addresses of the owners.
Rule .Ol 13 (c)(3): Descri ption of the pro posed ar ea for which the variance is re quested :
Maps of the area are shown in the report titled "Variance Req ues t Incident
No. 5484 Consolidated Freigh tways, Inc. Former James Farm Site. Statesville,
North Carolina S&ME Project No, 1354-96-368 (Ma y 1996)", Pursuant to a
request for additional information by the Groundwater Section, Consolidated
Freightways Incorporated sent a letter with attachments on April 30, 1997 showing
the area on the property for which the variance was requested. The total land area
for this variance consists of 2. 75 acres of land or 120,000 square feet in the request.
This area is roughly in the shape of a rectangle and includes the former Tank Pit #
1, the recovery trench, the infiltration gallery, two upgraident "closed" water wells,
and an abandoned trailer. The variance is requested for the area impacted by the
release from Tank Pit # 1 and the portion of the property for which it is anticipated
that substances will migrate. All underground storage tanks, pumps, and
appurences have been removed from the property by the present owner.
No adjacent properties are included in this variance request. If at any time
monitoring reveals that concentrations of substances exceed the Groundwater
Quality Standards in 15A NCAC 2L .0202 on adjacent properties and it can be
determined that Consolidated Freightways Incorporated is responsible for the
contamination, the Division could still require the company to bring these
concentration levels in compliance with the standards in 15A NCAC 2L .0202. A
variance granted by the Environmental Management Commission does not exempt
Consolidated Freightways Incorporated from being held responsible for cleanup.
The concentration of contaminants in groundwater is primarily influenced
by the direction and rate of groundwater flow. The estimated groundwater flow
rate is contained in the site assessment report submitted by Consolidated
Freightways Incorporated to the Mooresville Regional Office. Based on this
information the company asserts that groundwater in the area flows toward three
"farm ponds". One of these ponds is located at what is believed to be the center line
of the direction of groundwater flow. This pond is 900 feet to the west-southwest
(See Figure # 7). The closest downgraident pond that could potentially be impacted
by substances at this site is 550 feet away to the north-northwest. The furthest pond
is to the southwest and is 1,120 feet away from the site. These ponds discharge into
an unidentified branch that empties into Fourth Creek. Fourth Creek eventually
drains into the Yadkin River. Consolidated Freightways has submitted calculations
and other information demonstrating that these ponds and adjacent downgraident
8
properties will not be impacted by the release identified as Groundwater Incident
Number 5484.
Rule .Ol 13(c)(4): SJ.Wporting information to establish that the variance will notendanger the
public health and safety ... :
This part of the variance concerns Groundwater Quality Standards shown in
15A NCAC 2L. 0202 and has been requested for Benzene, Ethylbenzene, Toluene,
Xylenes (-o,-m, and p), and Ethyl Dibromide. In order to assess health impacts,
monitoring wells were sampled at or near this site to assess the extent of
contamination and concentration levels of substances. Concentrations of substances
in recovery wells were also examined to determine the effectiveness of the pump-
and-treat/air stripping system at removing these chemicals. Groundwater
monitoring data from Consolidated Freightways Incorporated indicates that
substances released from previous farming operations at this site do not pose a
hazard to the public. Sampling and analysis of on-site wells at this property have
been conducted since April 23, 1990 at monitoring wells and is being continued at
the present time. A total of eight different sampling events occurred from 1990
through 1996 at seven monitoring wells located at the site. As previously stated the
highest concentr~tions of substances that appeared in a monitoring well occurred at
Monitoring Well# 7 on July 29, 1990. Since that time concentrations of substances
have not been observed in this well above quantitation limits. Concentrations. of
substances from groundwater samples taken from the remaining monitoring wells
on April 22, 1996 did not exceed quantitation limits. USEP A Method 601 and 602
were used to determine concentration levels in samples collected from these
monitoring wells. ·
The company also conducted monitoring at the four recovery wells located at
this site. USEPA Method 601 and 602 were used to determine concentration levels
in samples collected from these recovery wells. As previously stated the recovery
well where the highest concentrations of substances was found was at Recovery Well
BMW-1/RW-4 on February 26, 1992. Since that time gradual reductions in the
concentrations of Benzene, Ethylbenzene, Toluene, Xylenes (-o,-m, and p) have
occurred. Monitoring from the April 22, 1996 semi-annual event revealed that none
of these substances were detected in this well. Ethyl Dibromide was detected in a
sample from this well taken on October 27, 1992 at 9.40 x 10-3 milligrams per liter or
9.40 micrograms per liter. The Groundwater Quality Standard for Ethyl Dibromide
is 4 x 10-7 milligrams per liter or 4 x 10-4 micrograms per liter. Since that time Ethyl
Dibromide has not been detected at Recovery Well BMW-1/RW-4.
Concentrations of substances in recovery well RW-2 and recovery well RW-3
have not been observed above detectable levels. The highest concentration of
9
substances found in this well occurred during the February 7, 1992 semiannual
monitoring event. Benzene found in recovery well RT-1 was at a concentration of
1. 730 milligrams per liter or 1730 micrograms per liter on February 7, 1992. The
Groundwater Quality Standard for Benzene is 0.001 milligram per liter or 1.0
microgram per liter. In addition, Toluene was reported at 1.470 milligrams per liter
or 1470 micrograms per liter. The Groundwater Quality Standard for Toluene is
1.0 milligram per liter or 1,000 microgram per liter. Ethylbenzene was reported at
0.208 milligrams per liter or 208 micrograms per liter. The Groundwater Quality
Standard for Ethylbenzene is 2.90 x 10·2 milligrams per liter or 29.0 micrograms per
liter. During this monitoring event Xylene was discovered at a concentration of
1.181 milligrams per liter or 1,181 micrograms per liter. The Groundwater Quality
Standard for Xylene is 0.530 milligrams per liter or 530 micrograms per liter. Since
February 1992 the company has monitored the groundwater quality at this well on
six different occasions. Reductions in concentration levels in recovery well RT-1
have been followed by upward "rebounding" of concentrations, above the
Groundwater Quality Standards in 15A NCAC 2L .0202. The April 22, 1996
monitoring event revealed that concentrations of substances at recovery well RT-1
still remained above the standards. Benzene found in this recovery well RT-1 was at
a concentration of 0.860 milligrams per liter or 860 micrograms per liter on
February 7, 1992. · The Groundwater Quality Standard for Benzene is 0.001
milligram per liter or 1.0 microgram per liter. Ethylbenzene was reported at a
concentration of 8.30 x 10-2 milligrams per liter or 83.0 micrograms per liter. The
Groundwater QualityStandard for Ethylbenzene is 2.90 x 10"2 milligrams per liter
or 29.0 micrograms per liter. Concentrations of Toluene and Xylenes did not appear
above the 15A NCAC 2L .0202 Groundwater Quality Standards during the April
22, 1996 monitoring event.
Consolidated Freightways Incorporated has attempted to defme the vertical
extent of groundwater contamination beneath the site. The deepest well Monitoring
Well# 8 (MW# 8) and it is 32.83 feet below the ground surface. Groundwater
sampling and analysis, conducted for approximately a six year period using USEP A
Method 601 and Method 602 have consistently shown concentrations of substances
below detectable limits.
Using site assessment information at the Mooresville Regional Office, the
company has calculated the time it would take for residual contaminants to impact
the nearest down-gradient on-site pond that discharges into Fourth Creek, a
tributary of the Yadkin River. Based on an average hydraulic gradient of 0.02
foot per foot, a hydraulic conductivity or (K) of 0.80 feet per day, and an effective
soil porosity of 0.35 for silty saturated soils, the estimated groundwater flow velocity
in the subsurface at this site is approximately 18 feet/year. The company used
measured hydraulic conductivities for the screened aquifer at monitoring wells
Monitoring Well# 3, Monitoring Well# 4, and Monitoring Well# 7 in calculating
the value for (K) as a means to predict the rate of movement of contaminants from
the site. Consolidated Freightways Incorporated asserts that substances in the
10
plume of dissolved petroleum hydrocarbons will enter the three farm ponds at
concentration levels exceeding 15A NCAC 2L .0202 standards for Benzene, Ethylene
Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes no dilution or attenuation of the plume occurs. Pages 13 though 14, Figure
12, and Table# 3 of the report titled "Variance Re quest Incident No. 5484
Consolidated Freightways, Inc. Former James Farm Site, Statesville. N orth
Carolina S&ME Proj ect No. 1354-96-368 (May 1996)" demonstrates that
conditions at the site are such that substances in the groundwater will likely
biodegrade due to the presence of indigenous microorganisms in the subsurface.
The company asserts that these natural conditions are such that the entire plume of
substances is expected to degrade to the extent that concentrations will be below the
Groundwater Quality Standards in 15A NCAC 2L. 0202 before the pluJl!e reaches
downgradient ponds. Consolidated Freightways has calculated that biodegradation
is most likely to occur within 30 years. The last observed concentration levels of
Benzene, Ethylbenzene, and Isopropyl Ether from routine sampling on April 26,
1996 were used to determine the projected times of travel to the on-site farm ponds
as shown on Page 12 and Table # 1 of the report. It must be noted that Isopropyl
Ether has never been reported at this site above the Interim Maximum Allowable
Concentration of 0.070 milligrams per liter or 70 micrograms per liter.
There are no water wells or surface water supplies that are located in the
downgraident direction from the site and known to be in use as sources of drinking
within a 1/2 mile radius of Consolidated Freightways Incorporated property known
as Parcel Number 1110B0000A043. The requirements for variance applications in
15A NCAC 2L .0113(c)(4) specify that locations of drinking water wells and other
water supply sources that are within one-half mile of the site must be shown on a
map. Page 9, the map in Figure 8, and Appendix 5 shows groundwater use in the
area near the site. There are six water supply wells located cross-gradient from the
area for which the variance has been requested. These residential wells are located
to the north and northwest of the site on James Farm Road. Figure# 8 shows that
the Mark White Residence has a residential water well (Private Water Well # 4)
and obtains water supply from the county. The remaining five wells are used as the
sole water supply for seven residences. Two of these residences share the same well.
Three wells are located on Consolidated Freightways Incorporated property and
have been abandoned. Pursuant to the requirements of Non-Discharge Permit
Number WQ0005069 these wells were closed by grouting on October 23, 1991.
Page 10 of the report titled "Variance Re q uest Incident No, 5484
Consolid ated Freightways, Inc. Former James Farm Site. Statesville, North
Carolina S&ME Proj ect No, 1354-96-368 (May 1996)" states that there are no large
capacity drinking water supply wells or drinking water supply intakes at surface
water bodies located within a 1/2 mile radius of the site. Drinking water in the area
is obtained from the City of Statesville Light and Water Department or the Iredell
Water Corporation (formerly known as Iredell County Water Corporation in the
variance request). The water supplied by the City of Statesville Light and Water
11
... '
uepanmem comes irom a surface water intaK.e iocateo nve miies irom tile site
owned by Consolidated Freightways Incorporated. Water from the Iredell Water
Corporation is from two water supply wells located 8/10 of a mile from the site.
These two wells are six inch diameter and are located approximately 400 feet deep
in bedrock. The yield from these wells ranges from 16,000 to 40,000 gallons per day.
Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site. No wellhead protection area, as defined
in 42 USC 300h-7(e), has been designated for these county water supply wells.
Figure 14 of Appendix II shows that an Iredell Water Corporation water supply line
passes through the area for which the variance has been requested. The Iredell
Water Corporation has reported to the Groundwater Section staff that water supply
lines are located at a depth of three to six feet beneath land surface. Consolidated
Freightways has estimated that the depth to groundwater, where substances have
been reported in excess of the 15A NCAC 2L .0202 Groundwater Quality
Standards, is 25 to 35 feet beneath land surface. It is highly unlikely that substances
in groundwater at the site owned by Consolidated Freightways Incorporated will
have an adverse impact on these water supply lines.
Rule .Ol 13 (c)(5 ): Su pp ortin~ information to establish that regyirements of the rule cannot be
achieved b y providing best available technolo gy economically reasonable:
The part of the request that concerns variance to Corrective Action in 15A
NCAC 2L .0106(j) will allow Consolidated Freightways Incorporated to discontinue
Corrective Action at this site. The company has submitted supporting information
in the report and other documents demonstrating that the continued application of
BAT will not result in significant long term remediation of the site to the
Groundwater Quality Standards contained in 15A NCAC 2L .0202. The is due to
the high probability that continued cleanup activities at the site will not significantly
reduce contaminant levels below Groundwater Quality Standards in 15A NCAC 2L
.0202. Since discovery of the release in 1990, Consolidated Freightways
Incorporated has disposed of 4,100 cubic yards of petroleum contaminated soil via
land application and all soil cleanup has been completed for this site. The company
has treated approximately 2,448,750 gallons of groundwater to comply with the
cleanup requirements of the Corrective Action Plan that implemented on October
28, 1991. Page 19 of the report titled "Variance Re q uest Incident No. 5484
Consolidated Frei~htways, Inc. Former J a me s Farm Site, Statesville, North
Carolina S&ME Proj ect No. 1354-96-368 (M ay 1996)" states that a total of$
286,000 has been expended to conduct the site assessment, reimburse claims,
conduct monitoring, and cleanup this site. The amount of money that has been spent
by Consolidated Freightways Incorporated at this site is summarized as follows:
12
Activity
Total costs to complete a Comprehensive Site
Assessment
Total costs to remove and land farm
petroleum contaminated soils on-site
Total cost to conduct monitoring
Total cost incurred on the responsible party
to develop a reimbursement claim
Total cost for groundwater cleanup
TOT AL. COST = $ 286,ff0U
Total Cost ($)
$ 43,000
$ 50,000
$ 25,000
$ 10,000
$158,000
Information from the Groundwater Section shows that as of June 10, 1997
that $165,564.69 of this cost has been reimbursed through the Non-Commercial
Leaking Petroleum Underground Storage Tank Trust Fund. At present the
remaining $ 120,435.31 of cleanup costs has been incurred by Consolidated
Freightways Incorporated. Groundwater analysis of samples from on-site
monitoring wells showed significant reductions in the concentrations of substances
from July 29, 1990 through September 1, 1994. On October 28, 1991 Consolidated
Freightways Incorporated implemented a corrective action plan to cleanup
groundwaters at this site. From October 28, 1991 through December 17, 1993 the
company operated a groundwater remediation systems consisting of pump-and-
treat cleanup and air stripping with carbon filtration technologies. Groundwater
monitoring up through the September 1, 1994 sampling event showed reductions in
the concentrations of substances in the groundwater. Except for the well in the
recovery trench (RT-1) which is located in the former area of Tank Pit# 1 and
recovery well BMW-1\RW-4, the reductions in contaminant concentrations for
monitoring wells and recovery wells were such that substances were no longer
detected or were below the Groundwater Quality Standards in 15A NCAC 2L .0202.
On September 1, 1994 Benzene, Toluene, and Xylene were detected in the RT-1 well
above Groundwater Quality Standards and Benzene was found slightly above the
15A NCAC 2L .0202 standard in recovery well BMW-l/RW4. It must be noted that
13
,,. .
substances were not detected in Di.ost of the remaining monitoring and recovery
wells during this sampling event. Since that time, semi-annual groundwater
monitoring conducted on April 23, 1996 showed no detectable concentrations of
substances in monitoring wells an.d recovery wells, with the exception of the
recovery well in RT-1. No substances were detected in recovery well BMW-1\RW-4
during this monitoring event. It must be noted that significant reductions in the
concentrations of Benzene, Toluene, Ethylbenzene, and Xylene have not been
observed in recovery well RT-1 since March 7, 1994.
In order to demonstrate that the requirements of the rule cannot be achieved
using best available technology, title 15A NCAC 2L .0113(c)(5) requires that specific
technology considered be identified, the costs of implementing the technology be
shown, and the impacts of the costs on the applicant be provided. On Page 17 of
the report titled "Variance Re q uest Incid en t No. 5484 C onsolid ated Freightways,
Inc. Former James Farm Site, Statesville, North C arolina S&ME Project No. 1354-
96-368 (May 1996)" shows the cost of continuing to operate the present cleanup
system. Consolidated Freightways Incorporated does not believe the continued use
of the current p·uinp and treat cleanup system with air stripping is the best available
technology for conditions that currently exist at this site. Pump and treat cleanup
technologies are most effective when contaminant concentrations are high and the
area impacted by the release or discharge of petroleum product is relatively small.
As pump and treat technology reduces concentration levels such that they are near
asymptotic levels, the benefits of this technology decreases significantly. The
company believes that concentrations of substances have been reduced to the
maximum extent possible by the application of pump-and-treat technology and that
further application is no longer cost effective. _
Consolidated Freightways Incorporated does not believe the use of in-situ or
enhanced bioremediation is best available technology for this site. In-situ or
enhanced bioremediation relies on the introduction of nutrients and oxygen to
groundwater to assist in supporting the development of a population of
microorganisms capable of breaking down substances into harmless chemicals such
that concentrations of substances are reduced below the 15A NCAC 2L .0202
Groundwater Quality Standards. The company has submitted information on
Pages 13 through 16, Figure 12, Table 3 and in Appendix IV demonstrating that
conditions at this site are such that the life and growth of indigenous populations of
microbes that may exist in the subsurface will be sustained. Consolidated
Freightways Incorporated believes that "intrinsic bioremediation" is already
occurring at this site. In-situ or enhanced bioremediation will require the company
to expend additional funds to meet the permitting requirements for injection wells
in 15A NCAC 2C .0200 to introduce nutrients and oxygen into the subsurface.
Consolidated Freightways does not believe it is cost effective to use in-situ
bioremediation at a site where natural conditions in the subsurface are capable of
supporting viable microbial populations.
Consolidated Freightways Incorporated has considered the use of air
14
.....
sparging as an alternate technology to the present pump-and-treat system. The
company does not believe that the use of this technology is practical to meet the
requirements of 15A NCAC 2L .0113(c)(5). The company estimates the yearly costs
to operate and maintain an air sparging system would be approximately $ 18,000
based on a monthly projected monthly cost of$ 1,500. Additional costs for air
sparging system design, well construction, and equipment would need to be
calculated before this cleanup technology could be used at the site. The company
estimates that it may take at least two years for air sparging to reduce remaining
contaminant levels below the Groundwater Quality Standards in 15A NCAC 2L
.0202, if these standards can be met at all. Consolidated Freightways believes that
the low residual concentrations of substances in groundwater at the site and the lack
of any human receptors does not warrant the additional expense of implementing
air sparging.
On August 12, 1996 the Mooresville Regional Office provided comments
concerning the applicability of cleanup technology for this site. The regional office
believes that soil vapor extraction could reduce remaining concentrations of
substances near recovery well RT-1 that have remained above the Groundwater
Quality Standards. However, the Mooresville Regional Office cannot determine if
the extent of this reduction in contaminant levels will be any more effective at
reducing concentrations than a variance. In addition, if soil vapor extraction is
required for this site, Cons~lidated Freightways Incorporated will need to conduct
more extensive site assessments to implement this type of technology. Additional
cleanup costs would need to be expended by the company, some portion of which
may be eligible for Trust Fund Reimbursement since this site is Class AB under the
priority ranking system used by the Division of Water Quality.
Rule .Ol 13 (c)(6): Supporting information to establish that compliance would produce serious
financial hardship on the applicant:
Consolidated Freightways Incorporated has submitted information showing
that compliance with the rules will result in a serious financial hardship. Page 17
through 19 of the report shows that the company has demonstrated that the
continued application of pump-and-treat or other alternative technologies to this
location would be unnecessarily expensive methods of remediating groundwater
contamination. The report states on page 19 that Consolidated Freightways
Incorporated plans to sell the property. It further states that" The property was
initially purchased by CF (Consolidated Freightways Incorporated) to build a new
trucking terminal". The company decided not to construct this terminal.
Consolidated Freightways Incorporated has had this property on the market for
three years and, according to Page 19 of the variance request, has not been able to
15
sell it " .... due to the potential liability and stigma associated with ownership of a
contaminated site". The company has thus far spent $ 286,000 to cleanup this site of
which only $ 165,564.69 has been reimbursed through the Non-Commercial Leaking
Petroleum Underground Storage Tank Trust Fund. The remaining$ 120,435.31 of
cleanup costs is incurred on Consolidated Freightways Incorporated at property
where the company has never conducted normal business operations or benefited
from it's use.
Consolidated Freightways Incorporated believes that there is immense
uncertainty that best available technology will remediate the groundwaters at this
site to applicable standards within a foreseeable period of time. Allowing the
persistence of low levels of contaminants in groundwaters that, after approximately
two years and three months of applying best available technologies, have
asymptotically approached the Groundwater Quality Standards in 15A NCAC 2L
.0106 through a variance is a prudent means of addressing the company's release at
this site. It is no less effective a means of addressing residual concentrations of
substances at this site than continuing the use of pump-and-treat with carbon
filtration, the implementation of in-situ or enhanced bioremediation technology, air
sparging technology, or soil vapor extraction and is less expensive than any of the
alternatives discussed in the variance request. The company believes that "intrinsic
bioremediation" is occurring at this site and will, with adequate time, reduce the
remaining contaminant concentrations below the Groundwater Quality Standards
in 15A NCAC 2L .0202.
Rule .Ol 13 (c)(7 ): Supp orting information that compliance would produce seriou s financial
hardshi p without egual or greater public benefit:
The company has submitted information in the request demonstrating that
the environment, safety and public health would not be impacted by this variance.
The Groundwater Section believes that the public will not benefit from compelling
Consolidated Freightways Incorporated to continue remediating this site using
pump-and-treat technology or other alternatives discussed.
Rule .Ol 13 (c)(8): "A co py of any Special Order ... ":
No Special Order by Consent has been issued for this site.
16
Rule .0113 (c)(9): "A list of names and addresses of property owners ... ":
The property owners within the proposed area of the variance are shown in
on_ Figure 4 (Latest Tax and Aerial Map) and are listed in Appendix N of the report
titled "Variance Re q uest Incident No. 5484 Cons olidated Frei~htway s , Inc.
Fonner James Farm Site, Statesville, North C arolina S&ME Project No. 13 5 4-96-
368 (l\.fay 1996)". The company has identified 22 property owners within the
general area of the variance request. This listing includes the following adjacent
property owners; James Farms Incorporated, the Clark Equipment Company,
John S. Barnes Corporation, Raymond Jr. and Jean Cornett, William and Rebecca
Cornett, Renforth and Carolyn Wilhelm, Burns McGree and Mary Wilhelm, Jaines
and Norgen Waugh, and Fame Plastics Incorporated. Title 15A NCAC 2L
.0113(e)(E) requires that notification of a public hearing on this variance be given to
the owner or owners of these adjacent properties "at least 30 days prior to the date
of the hearing".
It is the recommendation of the Groundwater Section that the subject variance request to
Corrective Action requirements of 1 SA NCAC 2L .0106(j) and Groundwater Quality Standards
contained in 15A NCAC 2L .0202 proceed to public notice in accordance with 15A NCAC 2L
.0113(e). On August 12, 1996 the Mooresville Regional Office sent a recommendation that this
variance be granted by the Environmental Management Commission pursuant to 15A NCAC 2L
.0113. On October 9, 1996 the Division of Epidemiology completed their review of the risk
assessment methodology for this site and recommended conditional approval of this variance for
Consolidated Freightways Incorporated for this property at State Road 2173 (Parcel Nwnber
1110B0000A043) in Statesville, North Carolina. The Division of Epidemiology recommended
that monitoring be conducted at this site for "at least two to three years to ensure oversight in
the remaining areas of contamination ". Attached are copies of the recommendation from the
Mooresville Regional Office and the Division of Epidemiology. Upon your concurrence with
our recommendation, the Groundwater Section will proceed with the preparation of the required
public notice and hearing. Upon completing of the requirements of 15A NCAC 2L .0113(d -f),
with a recommendation to grant this variance from the Environmental Management Commission
Groundwater Committee, this request will proceed to the Environmental Management
Commission for final action in 15A NCAC 2L .0113(g). If there are any questions regarding this
matter or if any additional information is needed, please let me know.
ATTACHMENTS:
cc: Groundwater Section Assistant Chiefs
Mooresville Regional Groundwater Supervisor
Dr. Ken Rudo
David Hance
17
(
Author: Arthur Mouberry at NRGWS0lP
Date: 10/30/1997 9: 39 AM
Priority: Normal
Receipt Requested
TO: David Hance
Subject: Re: Re2: Status of Consolidated Freightways Variance Request
------------------------------------Message Contents------------------------------------
David,
I recall the report coming through. I thought that it was put in
your office (chair) for processing. It may have been during the time
that you were out on leave. Check with Alice when she comes in today
as see when it was sent to Preston.
Arthur
Reply Separator __________________ _
Subject: Re2: Status of Consolidated Freightways Variance Request.
Author: David Hance at NRGWS0lP
Date: 10/30/97 9:35 AM
Arthur,
Has the hearing officers report for the Consolidated Freightways
Variance gone to Preston Howard yet as Larry states below? If it has,
when is it due back from the Division Office? Please let me know by
tomorrow afternoon -I'd really appreciate it .
D. Hance
Forward Header
Subject: Re: Status of Consolidated Freightways Variance Request.
Author: "LARRY COBLE" <[e-mail]> at Internet
Date: 10/30/1997 9:03 AM
Sent completed report to Arthur about 2 weeks ago. I think its on
Preston's desk for signature.
Date:
From:
Subject:
To :
Cc:
Hi Larry,
Wed, 29 Oct 1997 17:10:07 -0500
David Hance@mail .ehnr.state.nc.us (David Hance)
Re: Status of Consolidated Freightways Variance Request.
[e-mail]
David [e-mail] (David Hance)
How is the hearing officer's report and recommendation coming along
for Consolidated Freightways? Do you need any help from me?
Will we have ready to go forward to the Groundwater Committee in
December? Can I put this on the Groundwater Committee agenda as an
action item?
Please call 715-6189 or email a response to me.
dh
Author: David Hance at NRGWS0lP
Date: 10/30/1997 9:35 AM
Priority: Normal
TO: Arthur Mouberry
CC: David Hance
CC: Carl Bailey
Subject: Re2: Status of Consolidated Freightways Variance Request .
------------------------------------Message Contents------------------------------------
Arthur,
Has the hearing officers report for the Consolidated Freightways
Variance gone to Preston Howard yet as Larry states below? If it has,
when is it due back from the Division Office? Please let me know by
tomorrow afternoon -I'd really appreciate it.
D. Hance
Forward Header
Subject: Re: Status of Consolidated Freightways Variance Request.
Author: "LARRY COBLE" <[e-mail]> at Internet
Date: 10/30/1997 9:03 AM
Sent completed report to Arthur about 2 weeks ago. I think its on
Preston's desk for signature.
Date: Wed, 29 Oct 1997 17:10:07 -0500
From: David [e-mail] (David Hance)
Subject: Re: Status of Consolidated Freightways Variance Request.
[e-mail] To:
Cc: David [e-mail] (David Hance)
Hi Larry,
How is the hearing officer's report and recommendation coming along
for Consolidated Freightways? Do you need any help from me?
Will we have ready to go forward to the Groundwater Committee in
December? Can I put this on the Groundwater Committee agenda as an
action item?
Please call 715-6189 or email a response to me .
dh
Author: "LARRY COBLE" <[e-mail]> at Internet
Date: 10/30/1997 9:03 AM
Priority: Normal
TO: David Hance at NRGWS0lP
Subject: Re: Status of Consolidated Freightways Variance Request.
------------------------------------Message Contents------------------------------------
Sent completed report to Arthur about 2 weeks ago. I think its on
Preston's desk for signature.
Date: Wed, 29 Oct 1997 17:10:07 -0500
From: David [e-mail] (David Hance)
Subject: Re: Status of Consolidated Freightways Variance Request.
[e-mail] To:
Cc: David [e-mail] (David Hance)
Hi Larry,
How is the hearing officer's report and recommendation coming along
for Consolidated Freightways? Do you need any help from me?
Will we have ready to go forward to the Groundwater Committee in
December? Can I put this on the Groundwater Committee agenda as an
action item?
Please call 715-6189 or email a response to me.
dh
Author: "LARRY COBLE" <[e-mail]> at Internet
Date: 10/30/1997 9:03 AM
Priority: Normal
TO: David Hance at NRGWS0lP
Subject: Re: Status of Consolidated Freightways Variance Request.
------------------------------------Message Contents
Sent completed report to Arthur about 2 weeks ago. I think its on
Preston's desk for signature.
Date: Wed, 29 Oct 1997 17:10:07 -0500
From: David [e-mail] (David Hance)
Subject: Re: Status of Consolidated Freightways Variance Request.
[e-mail] To:
Cc: David [e-mail] (David Hance)
Hi Larry,
How is the hearing officer's report and recommendation coming along
for Consolidated Freightways? Do you need any help from me?
Will we have ready to go forward to the Groundwater Committee in
December? Can I put this on the Groundwater Committee agenda as an
action item?
Please call 715-6189 or email a response to me.
dh
J\Uthor: David Hance at NRGWSOlP
Date: 10/29/1997 5:10 PM
hiority: Normal
TO: [e-mail] at Internet
CC: David Hance
Subject: Re : Status of Consolidated Freightways Variance Request .
------------------------------------Message Contents------------------------------------
Hi Larry,
How is the hearing officer's report and recommendation coming along
for Consolidated Freightways? Do you need any help from me?
Will we have ready to go forward to the Groundwater Committee in
December? Can I put this on the Groundwater Committee agenda as an
action item?
Please call 715-6189 or email a response to me.
dh
2
' I
Industrial & Environmental Analysts, Inc. (IEA)
PURGEABLE HALOCARBON$ EPA 601 COMPOUND LIST
IEA Project Number: 147-846
9604570-09
S&ME Charlotte
1354-89-413A
RT-1
IEA Sample Number:
Client Name:
Client Project ID:
Sample Identification:
Matrix: Water
Number Compound
1 Chloromethane
2 Brornornethane
3 Vinyl Chloride
4 Dichlorodifluoromethane
5 Chloroethane
6 Methylene chloride
7 Trichlorofluoromethane
8 1,1-Dichloroethene
9 1,1-Dichloroethane
10 trans-1,2-Dichloroethene
11 Chloroform
12 1,2-Dichloroethane
13 1,1,1-Trichloroethane
14 Carbon tetrachloride
15 Bromodichlorornethane
16 1,2-Dichloropropane
17 cis-1,3-Dichloropropene
18 Trichloroethane
19 trans-1,3-Dichloropropene
20 1,1,2-Trichloroethane
21 Dibromochloromethane
22 2-Chloroethylvinyl ether
23 Bromoform
24 Tetrachloroethene
25 1,1,2,2-Tetrachloroethane
26 Chlorobenzene
27 1,3-Dichlorobenzene
28 1,2-Dichlorobenzene
29 1,4-Dichlorobenzene
comments:
Date Received:
Date sampled:
Date Analyzed:
Analysis By:
Dilution Factor:
Quantitation
Limit
(ug/L)
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
-1.0
1.0
1.0
LO
LO
LO
1.0
LO
1.0
1.0
1.0
1.0
. 04/23/96
04/22/96
04/29/96
Dulaney
1.0
Results
Concentration
(ug/L)
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
BQL
Qualitative identifications performed using second GC column confirmation.
Sample specific quantitation limits may be calculated by multiplying
the quantitation limit by the dilution factor.
BQL ~ Below Quantitation Limit
FORM 601 REV. 020494
Author: "Paul Dahlen" <[e-mail]> at Internet
Date: 8/22/97 3:51 PM
Priority: Normal
CC: David Hance at NRGWS0lP
TO: [e-mail] at Internet
CC: [e-mail] at Internet
Subject: James Farm/Consolidated Freightways Variance Hearing
------------------------------------Message Contents------------------------------------
Larry,
I figured it was time we touched base on this matter. I've been
re-reviewing the site data to determine what kind of post-variance
sampling should occur.
During my initial review of the variance request (8/12/1996!) I
concluded that at least 2 years of sampling should occur after the
variance request was granted. I am all for reducing or eliminating
sampling requirements whenever I can, but in this case, I think some
additional sampling is justified.
I don't know that I agree with the statements in the public hearing
notice: "insignificant reductions in benzene and other substanced
have occurred near the recovery trench.as a result of using
pump-and-treat ... " and ""no significant increase in concentrations of
substances was observed as a result of the cessation of
pump-and-treat cleanup operation." In fact, benzene concentrations
in RT-1 went from 1,730 ppb to ND while the system was in operation,
and when the system was shut off in 1994, benzene concentrations
increased to 180 ppb. Pumping again between 6/94 and 9/94, when we
again allowed the system to be shut off, reduced the benzene level
of 180 to 150. The system has not been in operation since 9/94 and
the benzene level in RT-1 has increased from 150 to 860 .
In addition:
When I asked Stewart Hines whether he thought there might still
be some soil contamination causing the increase of concentrations
since the cessation of remediation, he said that he thought there
might be a small pocket of soil contamination around BMW-l/RW-4.
As far as I can determine, EDB has not been sampled for since it was
first detected in 10/92.
There is a farm pond approximately 500' downgradient from the plume.
The variance request is pretty much based on the assertion that
natural attenuation will take care of the contaminants before they
reach the farm pond in 30 years.
For the reasons stated above, I recommend sampling sampling wells
RT-1, BMW-l/RW-4, MW-5, RW-2, and RW-3 one year after the variance
request is granted, and each year thereafter until such time that we
determine that contaminant levels are no longer increasing and/or
natural attenuation is occurring as anticipated. When it can be
determined that the farm pond is not at risk, a "no further action"
letter would be issued. This could be as soon as one year after the
granting of the variance.
Sampl~ methods used should be: EPA Methods 601/602 extended to
include MTBE, IPE, and xylenes, and 504.1 for EDB.
I im including 601 because TCE, PCE, 1,1-DCA, and 1,2-DCA have been
detected in the past; TCE as high as 100 ppb and 1,2-DCA as high as
22. No 601 compounds were detected in 1994,·and I don't think any
were detected in the 1996 event, although I don't have the variance
request to refer to.
You will note that I have kept the number of wells and sampling
methods to a minimum.
If you wish to discuss this, I will be in the office all day Monday
and Tuesday. Otherwise, I will see you at the hearing.
Regards,
Paul Dahlen
Paul R. Dahlen, P.G.
Hydrogeologist
NCDEHNR DWQ Groundwater Section
[phone] ext. 234
[e-mail]
·l •
The written comment period for this variance will close at 12:00 PM (midnight) on
September 26, 1997. I am requiring you to complete the hearing officers report and
the recommendation to the Environmental Management Commission Groundwater
Committee by December 26, 1997. This period of time is ninety (90) days after the closing
date for written public comment and allows Division staff adequate time to review your
recommendation. Unless significant new site information becomes available after the public
hearing or other extraordinary circumstances occur that dictate a longer review period by the
hearing officer, the earliest date that this variance may be considered by the Groundwater
Committee is October 9, 1997. If your review of the variance shows that there is a need for
a longer evaluation period, please contact Arthur Mouberry at [phone].
I appreciate your taking the time to conduct this hearing. The staff will be glad to
assist you through the proceedings. If you have any questions, feel free to call Carl Bailey at
[phone].
Attachments.
cc: Arthur Mouberry
Carl Bailey
David Hance
2
Public Hearing-Variance Request
Tuesday, August 26, 1997
7:00 P.M.
Variance to 15A NCAC 2L .0202 and 15A NCAC 2L .0106(j)
Consolidated Freightways Incorporated Property at State Road 2173 (James Farm
Road) in Statesville, North Carolina
(Groundwater Incident Number 5484)
HEARING LOCATED AT:
Iredell County Hall of Justice -(at 7:00 PM)
Second Floor, Courtroom Number 1
221 Water Street, Statesville, NC
Contact in Raleigh -David Hance [phone]
Mooresville Regional Office Staff Speaker -Paul Dahlen [phone]
Contact at the Courthouse -Lynn Brennan [phone] {before 4:30 PM)
HEARING OFFICER'S SPEECH
HEARING OFFICER: Larry Coble, Division of Water Quality, Regional Supervisor
(Winston-Salem Regional Office)
HEARING OFFICER! GOOD EVENING, I WOULD LIKE TO CALL THIS
PUBLIC HEARING TO ORDER. MY NAME IS LARRY COBLE, AND I AM
THE DIVISION OF WATER QUALITY REGIONAL SUPERVISOR IN THE
WINSTON-SALEM REGIONAL OFFICE. I HA VE BEEN DESIGNATED
HEARING OFFICER FOR TONIGHT'S PROCEEDINGS.
TfilS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 150B-21.2. IN ACCORDANCE WITH THE GENERAL
STATUTES, A PUBLIC NOTICE OF TfilS HEARING WAS PUBLISHED IN
1
CONFORMITY WITH 15A NCAC 2L .0113 OF THE GROUNDWATER RULES
AND GENERAL NOTICE HAS BEEN GIVEN IN LOCAL PAPERS
ACCORDING TO PROCEDURES IN 15A NCAC 2L .0113(e)(l). NOTICES
WERE ALSO DISTRIBUTED TO THE PUBLIC AT LARGE, LOCAL
GOVERNMENT OFFICIALS, AND PROPERTY HOLDERS WITHIN AND
NEAR THE AREA OF THE PROPOSED VARIAN CE.
THE PURPOSE OF TIDS HEARING IS TO OBTAIN PUBLIC COMMENT
AND PARTICIPATION IN THE CONSIDERATION OF THE VARIANCE
REQUEST FOR CONSOLIDATED FREIGHTWAYS INCORPORATED OF
PORTLAND, OREGON. CONSOLIDATED FREIGHTWAYS IS REQUESTING
TIDS VARIANCE FROM RULES CONTAINED IN 15A NCAC 2L
GROUNDWATER CLASSIFICATION AND STANDARDS FOR THE
PROPERTY LOCATED AT STATE ROAD 2173. THIS PROPERTY,
PREVIOUSLY OWNED BY MR. N.C. JAMES OF STATESVILLE, NORTH
CAROLINA, IS NOW OWNED BY CONSOLIDATED FREIGHTWAYS. FROM
1947 THROUGH 1990 MR. N.C. JAMES OPERATED THE ENTIRE 94 AND½
ACRES AS A DAffiY FARM UNTIL ITS SALE TO CONSOLIDATED
FREIGHTW AYS IN 1990.
2
UPON REMOVAL OF TANKS LOCATED AT TIDS FARM BY
CONSOLIDATED FREIGHTWAYS RELEASES OF PETROLEUM PRODUCT
WERE DISCOVERED AT THIS SITE. CONSOLIDATED FREIGHTWAYS
HAS SOLE RESPONSIBILITY FOR CLEANUP AT TIDS SITE.
CONSOLIDATED FREIGHTWAYS BOUGHT TIDS PROPERTY WITH THE
INTENT OF USING IT FOR COMPANY OPERATIONS. SINCE THAT TIME
THE COMPANY HAS DECIDED TO PLACE TIDS PROPERTY ON THE
MARKET FOR SALE PENDING FINAL ACTION ON THIS VARIANCE
REQUEST. THIS PROPOSED VARIANCE FOR CONSOLIDATED
FREIGHTWAYS WILL APPLY ONLY TO 2. 75 ACRES OF THE TOTAL 94
AND ½ ACRE TRACT OF LAND IDENTIFIED IN IREDELL COUNTY TAX
RECORDS AS PARCEL NUMBER 1110B0000A043 IN THE VARIANCE
REQUEST. IN THE SUPPORTING INFORMATION SUBMITTED IN THIS
REQUEST, CONSOLIDATED FREIGHTWAYS INFORMED THE DIVISION
THAT TIDS SITE IS LOCATED WITHIN AN AREA CONTAINING A
MIXTURE OF COMMERCIAL, INDUSTRIAL, AGRICULTURAL, AND
RESIDENTIAL PROPERTIES.
3
THE APPLICANT PROPOSES TO TAKE NO FURTHER ACTION ON
CONCENTRATIONS OF BENZENE, TOLUENE, ETHYLBENZENE,
XYLENES, ETHYLENE DIBROMIDE FOUND DURING THE APRIL 22, 1996
GROUNDWATER ANALYSIS, AS LONG AS CONCENTRATIONS REMAIN
WITHIN THE BOUNDARIES OF TIDS 2.75 ACRE AREA OF Tms
PROPERTY.
CONSOLIDATED FREIGHTWAYS ALSO PROPOSES THAT CORRECTIVE
ACTIONS REQUIRING THE APPLICATION OF BEST AVAILABLE
TECHNOLOGY IN 15A NCAC 2L .0106 (j) NOT BE APPLIED TO THE AREA
WITHIN THE BOUNDARIES OF THE PROPOSED VARIAN CE.
CONSOLIDATED FREIGHTWAYS HAS REPORTED THAT A TOTAL OF
$ 286,000 HAS BEEN EXPENDED TO CLEANUP THIS SITE. INFORMATION
FROM THE GROUNDWATER SECTION SHOWS THAT AS OF JUNE 10,
1997, CONSOLIDATED FREIGHTWAYS HAS BEEN REIMBURSED
$ 165,564.69 FROM THE NON-COMMERCIAL LEAKING PETROLEUM
UNDERGROUND STORAGE TANK TRUST FUND FOR TIDS SITE.
CONSOLIDATED FREIGHTWAYS HAS SUBMITTED SUPPORTING
INFORMATION DEMONSTRATING THAT THE CONTINUED APPLICATION
4
OF BEST AVAILABLE TECHNOLOGY WILL NOT RESULT IN
SIGNIFICANT LONG TERM REMEDIATION OF THE SITE TO THE
GROUNDWATER QUALITY STANDARDS IN ISA NCAC 2L .0202. THE
COMPANY BELIEVES THAT APPLICATION OF BEST AVAILABLE
TECHNOLOGY AT THIS LOCATION IS A SERIOUS FINANCIAL IMPACT
WITHOUT EQUAL OR GREATER PUBLIC BENEFIT.
THIS HEARING WILL CONFORM TO PROCEDURES IN ISA NCAC 2L
.0113. ADDITIONAL COPIES OF THE NOTICE OF VARIANCE
APPLICATION AND HEARING ARE LOCATED IN THIS BUILDING AND
ARE AVAILABLE FOR PUBLIC REVIEW.
A WRITTEN RECORD OF TIDS HEARING WILL BE PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT COMMENTS, QUESTIONS, AND
DISCUSSIONS. FOR THIS REASON, THE HEARING IS BEING TAPE
RECORDED. WRITTEN COM1\1ENTS RECEIVED THROUGH SEPTEMBER
26, 1997 WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE
PUBLIC COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF,
I WILL MAKE A RECOMMENDATION TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. IN MAKING THE FINAL DECISION, THE
5
ENVIRONMENTAL MANAGEMENT COMMISSION CONSIDERS THE
WRITTEN RECORD, THE RECOMMENDATION OF THE HEARING
OFFICER, THE RECOMMENDATIONS OF DIVISION STAFF, AND THE
CONCERNS OF ITS MEMBERS. THE COMMISSION MUST ALSO
CONSIDER WHETHER THE APPLICANT HAS COMPLIED WITH 15A NCAC
2L .0113(g).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION
IS UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO
PROCEDURES IN 15A NCAC 2L .0113(h). THE DECISION ON THE
VARIANCE BY THE ENVIRONMENTAL MANAGEMENT COMMISSION IS
FINAL AND BINDING ACCORDING TO THE CONDITIONS SHOWN IN 15A
NCAC 2L .0113(h).
AT THIS TIME I WOULD LIKE TO RECOGNIZE (names of local and state
officials) AND THANK YOU FOR ATTENDING TIDS HEARING. I WOULD
ALSO LIKE TO RECOGNIZE THE FOLLOWING PEOPLE FROM THE
DIVISION OF WATER QUALITY (DWQ central office and DWQ regional office personnel).
MR.(staff speaker) OF THE DIVISION OF WATER QUALITY-
GROUNDWATER SECTION MOORESVILLE REGIONAL OFFICE WILL
6
NOW SUMMARIZE THE PROPOSED VARIANCE WHICH IS THE SUBJECT
OF THIS HEARING.
STAFF SPEAKER: (Paul Dahlen summarizes variance request).
HEARING OFFICER; THANK YOU. WE WILL NOW ACCEPT
PUBLIC COMMENT ON THE PROPOSED VARIANCE. I WOULD LIKE TO
REQUEST THAT EVERYONE FILL OUT A REGISTRATION FORM. AFTER
ALL REGISTERED SPEAKERS HA VE HAD AN OPPORTUNITY TO
COMMENT, I WILL ALLOW ADDITIONAL SPEAKERS AS TIME PERMITS.
WHEN YOUR NAME IS CALLED, PLEASE COME UP TO THE
MICROPHONE AND STATE YOUR NAME AND AFFILIATION. ALL
COMMENTS SHOULD BE LIMITED TO MATTERS THAT ARE RELATIVE
TO THE PROPOSED ADOPTION OF THIS VARIAN CE. IF YOUR
COMMENTS ARE LONGER THAN THREE MINUTES, I WOULD LIKE TO
REQUEST THAT THEY BE SUBMITTED IN WRITING. I RESERVE THE
RIGHT TO QUESTION SPEAKERS IF THE NEED SHOULD ARISE.
DIVISION OF WATER QUALITY STAFF WILL BE AVAILABLE, AT
THE CLOSE OF THIS HEARING, TO ANSWER YOUR QUESTIONS IF
NECESSARY. I WOULD NOW LIKE TO CALL [first speaker].
7
[speakers ... ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in turn )
HEARING OFFICER: THANK YOU [last speaker]. ARE THERE ANY MORE
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE
THE HEARING CLOSED. THE HEARING RECORD WILL REMAIN OPEN
UNTIL 12:00 PM (MIDNIGHT) ON SEPTEMBER 26, 1997. ANYONE
WISHING TO SUBMIT WRITTEN COMMENTS MAY DO SO UNTIL THAT
DATE. AFTER WIDCH TIME, THE COMMENTS WILL BE MADE PART OF
THE PUBLIC RECORD AND I SHALL MAKE RECOMMENDATIONS TO
THE ENVIRONMENTAL MANAGEMENT COMMISSION. WRITTEN
COMMENTS MUST BE ADDRESSED TO DAVID HANCE AT THE DIVISION
OF WATER QUALITY GROUNDWATER SECTION. THE ADDRESS
WRITTEN COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC
NOTICE AND IS AS FOLLOWS:
David Hance
EHNR-DWQ-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
8
A FACS™ILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. HIS TELEPHONE NUMBER IN
RALEIGH IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE
BEST POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY ™PORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
9
•·
DIRECTIONS TO THE PUBLIC HEARING
VARIANCE REQUEST FOR CONSOLIDATED FREIGHTWAYS
INCORPORATED (GW INCIDENT# 5484)
FROM RALEIGH:
Take Interstate 40 west and get on Interstate 40-85 west; take Interstate 40 at Greensboro, North
Carolina and proceed to Statesville. Take Exit 150 south onto North Center Street in Statesville.
Continue on North Center Street and turn left onto Water Street. Cross Tradd Street and look for
the Iredell County Hall of Justice on the left hand side of the road.
FROM WINSTON-SALEM:
Take Interstate 40 out of Winton-Salem, North Carolina and proceed west to Statesville. Take
Exit 150 south onto North Center Street in Statesville. Continue on North Center Street and turn
left onto Water Street. Cross Tradd Street and look for the Iredell County Hall of Justice on the
left hand side of the road.
FROM MOORESVILLE:
Take Interstate 77 north and take Interstate 40 west to Statesville. Take Exit 150 south onto
North Center Street in Statesville. Continue on North Center Street and turn left onto Water
Street. Cross Tradd Street and look for the Iredell County Hall of Justice on the left hand side of
the road.
(SEE ATTACHED MAPS)
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 23, 1997
REGARDING:
TO WHOM IT MAY CONCERN:
AVA
DEHNR
Your Property Adjacent to or Water
Well near Consolidated Freightways
Property at the Former N.C. James
Farm on State Road 2173
(Groundwater Incident# 5484)
The Department of Environment, Health and Natural Resources has received a
request for a variance from the Groundwater Quality Standards of I SA NCAC 2L .0202
and Corrective Action requirements of 15A NCAC 2L .0106G). 15A NCAC 2L
.0113(e)(l)(E) requires adequate notice be given to area properties and adjacent property
owners prior to hearing.
You will find enclosed a Public Notice regarding the variance hearing. Please refer to
the enclosure for additional information. If you have any questions concerning this
variance request, please contact David Hance at [phone] .
Enciosure
Groundwater Section,
P.O. Box 29578, Raleigh, North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
NCit uzmrtmee
Sincerely,
'
/JJ'IM-~~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Action Employer
50% recycles/10% post-consumer paper
NO·TICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
Notice is hereby given of a variance application and public hearing to be held by the Department of
Environment, Health and Natural Resources on behalf of the Environmental Management Commission. The
hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202
and the Corrective Action requirements of 15A NCAC 2L .0106 G) for a site at State Road 2173 (James Farm
Road) in Statesville, North Carolina. The Division of Water Quality refers to this site identified in the variance
request as Groundwater Incident# 5484. This property, previously owned by Mr. N.C. James of Statesville,
North Carolina, is now owned by Consolidated Freightways Incorporated. The Consolidated Freightways
Incorporated is entirely responsible for cleanup for Groundwater Incident# 5484. This variance application
from Consolidated Freightways was received for review by the Department on May 16, 1996.
The property where the release of petroleum product has occurred is located as follows:
In Iredell County near the Interstate 40 and Interstate 77 interchange. Take US 40 west to Statesville, North
Carolina and continue on past Interstate 77 approximately one and one-half miles. Take the US 21 Exit north
for one-half mile and turn right (east) onto James Farm Road (State Road 2173). Tum onto the dirt road
when State Road 2173 abruptly angles north. The site is at the abandoned farm that was previously operated
by Mr. N.C. James on this dirt road. This property is list_ed in the Iredell County Tax Records as Parcel
Number l l 10BO000A043.
Consolidated Freightways Incorporated requests that the Environmental Management Commission
grant the following variance to its rules under the authority of 15A NCAC 2L .0113 so that it does the
following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), and Ethylene
Dibromide to remain at levels above 15A NCAC 2L .0202 standards as analyzed on April 22, 1996.
These concentrations will be required to remain within the property boundaries of Parcel Number
1110B000A043.
The property at James Farm Road, for which the Consolidated Freightways Incorporated has
cleanup responsibilities under Groundwater Incident Number 5484, consists of approximately 94.492
acres ofland. The total land area covered in this variance request consists of 2.75 acres of this land
(120,000 square feet) and is roughly in the shape of a rectangl~. From 194,7 through 1990 Mr. N.C.
James operated a dairy on this property. ·During this period Mr. James stored petroleum products on
this land for use in farm machinery and vehicles. Four 1,000 gallon underground storage tanks
containing gasoline and one 550 gallon underground storage tank containing diesel fuel were kept on
this site. In 1990, Mr. James ·sold this property to Consolidated Freightways Incorporated. In
purchasing the property Consolidated Freightways Incorporated accepted the responsibility to cleanup
this site. This property is located in an area with a mixture of commercial, industrial , and residential
development.
1
Pursuant to the transfer of property to Consolidated Freightways Incorporated, the company
removed four 1, 000 gallon underground storage tanks for gasoline at an area known as "Tank Pit #
1" and one 550 gallon tank that was once used to store diesel fuel from part of the property identified
as "Tank Pit# 2" in November 1989. During tank removal it was discovered that unknown quantities
of diesel fuel and gasoline had been released over the time this property had been operated as a farm.
All potential sources of groundwater contamination were identified at this property by the company.
The site assessment was submitted on November 26, 1990. The corrective action plan for this site was
submitted on January 23, 1991. Additional reports concerning the progress of cleanup at this site were
submitted between November 1991 and June 1994. These plans and reports were approved by the
Division and are on file at the Mooresville Regional Office.
All contaminated soils from Tank Pit # 1 and Tank Pit# 2 were excavated and treated at the site
and there are no remaining soils impacted by this release. Pursuant to approval by the Mooresville
Regional Office, these soils were land applied over a 12 acre area of the farm. After eight weeks of
land application, four composite soil samples were collected and revealed less than 5 parts per million
ofBTEX and Total Petroleum Hydrocarbons (TPH). This concentration is below the level found in
the "Groundwater Section Guidelines for the Investigation and Remediation of Soil and Groundwater
(March 17, 1997) ". Permits to remediate soils via application to the land surface are no longer needed
and have either expired or have been rescinded.
The comprehensive site assessment revealed a groundwater plume from a small area of free
product contamination at Tank Pit # 1 where the four gasoline underground storage tanks had been
removed. The area of free product was in the shape of an ellipse and was approximately 22,500
square feet (0.52 acres) in diameter with it's longitudinal axis in a southwesterly direction. Site
assessment information on file in the Mooresville Regional Office shows that the vertical extent of
this plume to be approximately 46.5 feet below the ground surface. It is not believed that this plume
contaminated the bedrock aquifer beneath this site. Groundwater cleanup was initiated at this site in
an area known as Tank Pit # 1 on October 28, 1991. The cleanup system used by Consolidated
Freightways Incorporated consisted of a combination of pump-and-treat with air-stripping via carbon
filter t0 remove contaminants from groundwater. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows water and other
fluids, discharged through an air stripping device, to be sent back into the subsurface where they
recirculated into the cleanup system for continual treatment. An infiltration gallery may also serve
to enhance intrinsic biodegradation of contaminants by introducing dissolved oxygen in the subsurface
which may stimulate biologic decomposition of some dissolved petroleum hydrocarbons. A recovery
trench was excavated in the area of the former Tank Pit# 1 as a collection point for migrating liquids
beneath the surface of the ground. On December 2, 1993 the Division of Water Quality recommended
the pump-and-treat system be turned off and monitoring be conducted and cleanup operations ceased
on December 17, 1993. In order to maintain operational status of the pump-and-treat cleanup system
the company reactivated the cleanup system for a brief period of time from June 1, 1994 through
September 1, 1994. Groundwater cleanup was not necessary at Tank Pit# 2 since monitoring well
sampling data has revealed no groundwater contamination at this area of the property.
The Division of Water Quality required Consolidated Freightways Incorporated to perform
groundwater monitoring to determine the vertical and lateral extent of contamination. Since April 23,
1990 monitoring has been conducted at six on-site wells located at State Road 21 73. Benzene was
found in one of the six on site monitoring wells on July 29, 1990. The highest concentration of
Benzene found in a monitoring well, prior to implementation of groundwater cleanup, was 0.341
milligrams per liter found in Monitoring Well # 7 during the July 29, 1990 sampling event. The
2
' Groundwater Quality Standard for Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in Monitoring Well # 7
significantly above the Groundwater Quality Standards in Title 15A NCAC 2L .0202. Monitoring
Well# 7 is located within the area of the proposed variance approximately 30 feet west of Tank Pit
# 1. Groundwater monitoring has been conducted on four different occasions over the last seven years.
Since July 29, 1990 no substances have appeared in Monitoring Well# 7. From April 23, 1990
through April 22, 1996 no substances have been detected in the remaining monitoring wells.
The Division also required Consolidated Freightways Incorporated to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances in recovery wells beginning
February 26, 1992. Recovery wells at Consolidated Freightways site on State Road 2173 site are used
as sumps to collect groundwater, free product, and dissolved hydrocarbons from the site for treatment.
This monitoring effort was necessary to understand the effect pump-and-treat cleanup had on
concentrations of substances at the site. Samples were obtained from the four recovery wells located
near Tank Pit# 1. The highest concentration of Benzene found in a recovery well, since groundwater
cleanup was implemented in October 1991, was 15.0 milligrams per liter found in Recovery Well#
BMW-1/RW-4 during the February 26, 1992 sampling event. The Groundwater Quality Standard for
Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter. Concentrations of Ethylbenzene,
Toluene, and Xylene were also found in Recovery Well# BMW-1/RW-4 significantly above the
Groundwater Quality Standards in Title 15A NCAC 2L .0202. This recovery well is located in an
west-southwest direction from the infiltration gallery and pump-and-treat cleanup system. It must be
noted that Recovery Well# BMW-1/RW-4 was a monitoring well at the time the February 26, 1992
sample was obtained. Shortly after the February 1992 semi-annual monitoring event, this well was
converted to a recovery well. Since that time no substances have appeared in Recovery Well#
BMW-1/RW-4.
Except for Recovery Well RT-1, concentrations of substances in recovery wells have been
reduced such that no substances were detected during the April 22, 1996 monitoring event. Benzene
was initially found in recovery well RT-1 at a concentration of 1.730 milligrams per liter on February
7, 1992. The Groundwater Quality Standard for Benzene is 0.001 milligram per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in this recovery well
significantly above the Groundwater Quality Standards in Title 15A NCAC 2L .0202. Since
February 1992 the company has monitored the groundwater quality at this well on six different
occasions. Reductions in concentration levels in recovery well R T-1 have been followed by upward
"rebounding" of concentrations, above the Groundwater Quality Standards in 15A NCAC 2L .0202.
The April 22, 1996 monitoring event revealed that concentrations of substances at recovery well R T-1
still remained above the standards. Benzene found in this recovery well RT-1 was ara concentration
of 0.860 milligrams per liter on February 7, 1992. Ethylbenzene was also found in this recovery well
at a concentration above the Groundwater Quality Standards in ISA NCAC 2L .0202: As indicated
by monitoring at Recovery Well# RT-1, insignificant reductions in Benzene and other substances
have occurred near the recovery trench as a result of using pump-and-treat with carbon air stripping
technologies. No significant increase in concentrations of substances was observed as a result of the
cessation of pump-and-treat cleanup operation.
Consolidated Freightways Incorporated has submitted supporting information showing that the
variance will not endanger public health, safety, or the environment. There are no water wells or
surface water supplies that are located in the downgraident direction from the site and known to be
in use as sources of drinking within a ½ mile radius of Consolidated Freightways Incorporated
property known as Parcel Number l l 10B0000A043. The requirements for variance applications in
3
15A NCAC 2L .Ol 13(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. There are six water supply
wells located cross-gradient from the area for which the variance has been requested. These residential
wells are located to the north and northwest of the site on James Farm Road. The information
submitted by the company shows that the Mark White Residence at 187 James Farm Road, also
identified in the variance request as "Private Water Well # 4 11
, has a water well but obtains water
supply from the county. The remaining five wells are used as the sole water supply for seven
residences. Two of these residences share the same well. Three wells are located on Consolidated
Freightways Incorporated property and have been abandoned and were closed by the introduction of
grout in these wells on October 23, 1991. The company does not believe these on-site wells will serve
as a channel for substances to migrate off-site. There are no large capacity drinking water supply
wells or drinking water supply intakes at surface water bodies located within a½ mile radius of the
site. Drinking water in the area is obtained from the City of Statesville Light and Water Department
or the Iredell Water Corporation. The water supplied by the City of Statesville Light and Water
Department comes from a surface water intake located five miles from the site owned by Consolidated
Freightways Incorporated. Water from the Iredell Water Corporation is from two water supply wells
located 8/10 of a mile from the site. These two wells are six inch diameter and are located
approximately 400 feet deep in bedrock. The yield from these wells ranges from 16,000 to 40,000
gallons per day. Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site.
Based on groundwater flow information obtained during the Comprehensive Site Assessment,
it is believed that the contaminant plume is moving to the west-southwest. Consolidated Freightways
Incorporated has calculated the time it will take Benzene and other substances found at the site to
impact three down-gradient on-site ponds that discharge into Fourth Creek, a tributary of the Yadkin
River. The company asserts that substances in the plume of dissolved petroleum hydrocarbons will
enter the three farm ponds at concentration levels exceeding 15A NCAC 2L .0202 standards for
Benzene, Ethylene Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes that no dilution or attenuation of the plume occurs.
An Iredell Water Corporation water supply line passes through the area for which the variance
has been requested: The Iredell Water Corporation has reported to the Groundwater Section staff that
water supply lines are generally located at a depth of three to six feet beneath land surface.
Consolidated Freightways has estimated that the depth to groundwater, where substances have been
reported in excess of the 15A NCAC 2L .0202 Groundwater Quality Standards, is 25 to 35 feet
beneath land surface. It is highly unlikely that substances in groundwater at the site owned by
Consolidated Freightways Incorporated will have an adverse impact on this water supply line.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .0106(j). Consolidated Freightways Incorporated has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained in
15A NCAC 2L .0202. This is due to the high probability that continued remediation activities at the
site will not significantly reduce contaminant levels below Groundwater Quality Standards in 15A
NCAC 2L .0202. Consolidated Freightways Incorporated reports that 4100 cubic yards of diesel and
gasoline contaminated soils were removed, stockpiled, and remediated at this site. A total of2,448,750
gallons of groundwater has been treated using this technology. A total of$ 286,000 has been
4
expended to conduct the site assessment, reimburse claims, conduct monitoring, and cleanup this
site. Information from the Groundwater Section shows that as of June 10, 1997, $ 16S,S64.69 of this
cost has been reimbursed through the Non-Commercial Leaking Petroleum Underground Storage
Tank Trust Fund.
Consolidated Freightways Incorporated has shown that no significant increases in the
concentration of any substance above groundwater standards was observed in monitoring wells as a
result of the cessation of pump-and-treat cleanup at this site. It must be noted that fluctuations in the
concentrations of Benzene, Toluene, Ethylbenzene, and Xylene in recovery well RT-I have occurred
and no significant reductions have been observed since March 7, 1994. The company believes that the
continued presence of substances in the recovery trench of the former Tank Pit# 1, demonstrates that
continued implementation of pump and treat will not result in a significant reduction in contaminant
concentrations at this site.
Consolidated Freightways Incorporated does not believe the use of in-situ or enhanced
bioremediation is best available technology for this site. In-situ or enhanced bioremediation relies on
the introduction of nutrients and oxygen to groundwater to assist in supporting the development of
a population of microorganisms capable of breaking down substances into harmless chemicals such
that.concentrations of substances are reduced below the I SA NCAC 2L .0202 Groundwater Quality
Standards. The company has submitted information demonstrating that conditions at this site are
such that the life and growth of indigenous populations of microbes that may exist in the subsurface
will be sustained. Consolidated Freightways Incorporated believes that "intrinsic bioremediation"
is already occurring at this site. In-situ or enhanced bioremediation will require the company to
expend additional funds to meet the permitting requirements for injection wells in I SA NCAC 2C
.0200 to introduce nutrients and oxygen into the subsurface. Consolidated Freightways does not
believe it is cost effective to use in-situ bioremediation at a site where natural conditions in the
subsurface are capable of supporting viable microbial populations.
Consolidated Freightways Incorporated has considered the use of air sparging as an alternate
technology to the present pump-and-treat system. The company does not believe that the use of this
technology is practical to meet the requirements of ISA NCAC 2L .0113(c)(5). Consolidated
Freightways Incorporated estimates the yearly costs to operate and maintain an air sparging system
would be approximately $ 18,000 based on a monthly projected monthly cost of$ 1,500. Additional
costs for air sparging system design, well construction, and equipment would need to be calculated
before this cleanup technology could be used at the site. The company estimates that it may take at
least two years for air sparging to reduce remaining contaminant levels below the Groundwater
Quality Standards in 15A NCAC 2L .0202, if these standards can be met at all. Consolidated
Freightways believes thatthe low residual concentrations of substances in groundwater at the site and
the lack of any human receptors does not warrant the additional expense of implementing air sparging.
The hearing will be held as follows:
STATESVILLE
Tuesday, August 26, 1997
7:00 PM
Iredell County Hall of Justice
Second Floor, Courtroom # I
221 Water Street
5
Oral Comments may be made during the hearing, or written statements may be submitted to the
agency by September 26, 1997. Written copies of oral statements exceeding three minutes are requested.
Oral statements may be limited at the discretion of the hearing officers.
Please forward comments or information requests to:
David Hance
EHNR-DWQ-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
Phone: [phone] ; Fax: [phone]
Internet E-Mail Address: [e-mail] .nc.us
This proposed variance request is available for public inspection at the locations listed below. Copies
may be obtained at each location for a charge often cents per page.
A. Preston Howard, Jr., P.E.
Director, Division of Water Quality
Dept. of Environment, _Health and Natural Resources
Div. of Water Quality -·-
P.O. Box 29578
2728 Capital Blvd.
Raleigh, NC 27626-0578
[phone]
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
[phone]
6
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{!Jd JTl9 W3Q c:INH3(1
-·• State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James 8. Hunt, Jr., Governor
Wayne McDavitt, Secretary
A. Preston Howard, Jr., P .E., Director
August 12, 1997
Joe Ketchie
Iredell County Tax Collector
P.O. Box 788 .
Statesville, NC 28687
Dear Mr. Ketchie,
The Department of Environment, Health and Natural Resources has received a request for a
variance from the Groundwater Quality Standards of 15A NCAC 2L .0202 and Corrective Action
requirements of ISA NCAC 2L .0106G)((Groundwater Classifications and Standards). ISA NCAC 21
.Ol 13(e)(l)(E) requires that adequate notice be given to area property and adjacent property owners prior
to hearing. On July 23, 1997 we sent a notice to a person identified as the property owner for Parcel
Nwnber 1110B00000A038A. The variance request showed that Ms. Anne Florence Cannon, et, al of
918 Carola Avenue in Columbia, South Carolina (zip code 29203) as the owner of this property. On
August 5, 1997 the post office returned this notice to the Groundwater Section.
You will find enclosed a Public Notice regarding this variance hearing. If county tax information
reveals an updated address and/or the identity of the current owner or owners of this property, please
send this information to:
David Hance
EHNR Division of Water Quality -Groundwater Section
P.O. Box 29578
2 728 Capital Boulevard
Raleigh, North Carolina 27626-0578; {fax: [phone]}
If possible, we would like your response to this request for information by Monday August 18,
i997 so we can contact the owner of Parcel Number 111 0B00000A038A prior to the public hearing on
April 26, 1997. If you need to discuss this request, feel free to contact Mr. Hance at [phone].
Enclosure:
cc: David Hance
Groundwater Section
P.O. Box 29578, Raleigh, North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
Sincerely,
#~~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Voice 919/733-3221 FAX [phone]
An Equal Opportunity/Affirmative Action Employer
50% recycled/ 10%post-consumer paper
NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
Notice is hereby given of a variance application and public hearing to be held by the Department of
Environment, Health and Natural Resources on behalf of the Environmental Management Commission. The
hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202
and the Corrective Action requirements of 15A NCAC 2L .0106 (j) for a site at State Road 2173 (James Farm
Road) in Statesville, North Carolina. The Division of Water Quality refers to this site identified in the variance
request as Groundwater Incident# 5484. This property, previously owned by Mr. N.C. James of Statesville,
North Carolina, is now owned by Consolidated Freightways Incorporated. The Consolidated Freightways
Incorporated is entirely responsible for cleanup for Groundwater Incident# 5484. This variance application
from Consolidated Freightways was received for review by the Department on May 16, 1996.
The property where the release of petroleum product has occurred is located as follows:
In Iredell County near the Interstate 40 and Interstate 77 interchange. Take US 40 west to Statesville, North
Carolina and continue on past Interstate 77 approximately one and one-half miles. Take the US 21 Exit north
for one-half mile and tum right (east) onto James Farm Road (State Road 2173). Turn onto the dirt road
when State Road 2173 abruptly angles north. The site is at the abandoned farm that was previously operated
by Mr. N.C. James on this dirt road. This property is listed in the Iredell County Tax Records as Parcel
Number 1110B0000A043.
Consolidated Freightways Incorporated requests that the Environmental Management Commission
grant the following variance to its rules under the authority of ISA NCAC 2L .0113 so that it does the
following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), and Ethylene
Dibromide to remain at levels above 1 SA NCAC 2L .0202 standards as analyzed on April 22, 1996.
These concentrations will be required to remain within the property boundaries of Parcel Number
l 1 IOB00OA043.
The property at James Farm Road, for which the Consolidated Freightways Incorporated has
cleanup responsibilities under Groundwater Incident Number 5484, consists of approximately 94.492
acres ofland. The total land area covered in this variance request consists of 2.75 acres of this land
(120,000 square feet) and is roughly in the shape of a rectangl~. From 194,7 through 1990 Mr. N.C.
James operated a dairy on this property. ·During this period Mr. James stored petroleum products on
this land for use in farm machinery and vehicles. Four 1,000 gallon underground storage tanks
containing gasoline and one 550 gallon underw.-o:und storage tank containing diesel fuel were kept on
this site. In 1990, Mr. James sold this property to Consolidated Freightways Incorporated. In
purchasing the property Consolidated Freightways Incorporated accepted the responsibility to cleanup
this site. This property is located in an area with a mixture of commercial, industrial, and residential
development.
1
Pursuant to the transfer of property to Consolidated Freightways Incorporated, the company
removed four 1,000 gallon underground storage tanks for gasoline at an area known as "Tank Pit#
1" and one 550 gallon tank that was once used to store diesel fuel from part of the property identified
as "Tank Pit# 2" in November 1989. During tank removal it was discovered that unknown quantities
of diesel fuel and gasoline had been released over the time this property had been operated as a farm.
All potential sources of groundwater contamination were identified at this property by the company.
The site assessment was submitted on November 26, 1990. The corrective action plan for this site was
• submitted on January 23, 1991. Additional reports concerning the progress of cleanup at this site were
submitted between November 1991 and June 1994. These plans and reports were approved by the
Division and are on file at the Mooresville Regional Office.
All contaminated soils from Tank Pit# 1 and Tank Pit# 2 were excavated and treated at the site
and there are no remaining soils impacted by this release . Pursuant to approval by the Mooresville
Regional Office, these soils were land applied over a 12 acre area of the farm. After eight weeks of
land application, four composite soil samples were collected and revealed less than 5 parts per million
ofBTEX and Total Petroleum Hydrocarbons (TPH). This concentration is below the level found in
the "Groundwater Section Guidelines for the Investigation and Remediation of Soil and Groundwater
(March 17, 1997) ". Permits to remediate soils via application to the land surface are no longer needed
and have either expired or have been rescinded.
The comprehensive site assessment revealed a groundwater plume from a small area of free
product contamination at Tank Pit# 1 where the four gasoline underground storage tanks had been
removed. The area of free product was in the shape of an ellipse and was approximately 22,500
square feet (0.52 acres) in diameter with it's longitudinal axis in a southwesterly direction. Site
assessment information on file in the Mooresville Regional Office shows that the vertical extent of
this plume to be approximately 46.5 feet below the ground surface. It is not believed that this plume
contaminated the bedrock aquifer beneath this site .. Groundwater cleanup was initiated at this site in
an area known as Tank Pit# 1 on October 28, 1991. The cleanup system used by Consolidated
Freightways Incorporated consisted of a combination of pump-and-treat with air-stripping via carbon
filter to remove contaminants from groundwater. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows water and other
fluids, discharged through an air stripping device, to be sent back into the subsurface where they
recirculated into the cleanup system for continual treatment. An infiltration gallery may also serve
to enhance intrinsic biodegradation of contaminants by introducing dissolved oxygen in the subsurface
which may stimulate biologic decomposition of some dissolved petroleum hydrocarbons. A recovery
trench was excavated in the area of the former Tank Pit# 1 as a coliection point for migrating liquids
beneath the surface of the ground. On December 2, 1993 the Division of Water Quality recommended
the pump-and-treat system be turned off and monitoring be conducted and cleanup operations ceased
on December 17, 1993. In order to maintain operational status of the pump-and-treat cleanup system
the company reactivated the cleanup system for a brief period of time from June 1,. 1994 through
September 1, 1994. Groundwater cleanup was not necessary at Tank Pit# 2 since monitoring well
sampling data has revealed no groundwater contamination at this area of the property.
The Division of Water Quality required Consolidated Freightways Incorporated to perform
groundwater monitoring to determine the vertical and lateral extent of contamination. Since April 23,
1990 monitoring has been conducted at six on-site wells located at State Road 2173. Benzene was
found in one of the six on site monitoring wells on July 29, 1990. The highest concentration of
Benzene found in a monitoring well, prior to implementation of groundwater cleanup, was 0.341
milligrams per liter found in Monitoring Well # 7 during the July 29, 1990 sampling event. The
2
Groundwater Quality Standard for Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in Monitoring Well # 7
significantly above the Groundwater Quality Standards in Title I SA NCAC 2L .0202. Monitoring
Well# 7 is located within the area of the proposed variance approximately 30 feet west of Tank Pit
# 1. Groundwater monitoring has been conducted on four different occasions over the last seven years.
Since July 29, 1990 no substances have appeared in Monitoring Well# 7. From April 23, 1990
through April 22, 1996 no substances have been detected in the remaining monitoring wells.
The Division also required Consolidated Freightways Incorporated to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances in recovery wells beginning
February 26, 1992. Recovery wells at Consolidated Freightways site on State Road 2173 site are used
as sumps to collect groundwater, free product, and dissolved hydrocarbons from the site for treatment.
This monitoring effort was necessary to understand the effect pump-and-treat cleanup had on
concentrations of substances at the site. Samples were obtained from the four recovery wells located
near Tank Pit # 1. The highest concentration of Benzene found in a recovery well, since groundwater
cleanup was implemented in October 1991, was 15.0 milligrams per liter found in Recovery Well#
BMW-1/RW-4 during the February 26, 1992 sampling event. The Groundwater Quality Standard for
Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter. Concentrations of Ethylbenzene,
Toluene, and Xylene were also found in Recovery Well# BMW-1/RW-4 significantly above the
Groundwater Quality Standards in Title 15A NCAC 2L .0202. This recovery well is located in an
west-southwest direction from the infiltration gallery and pump-and-treat cleanup system. It must be
noted that Recovery Well# BMW-1/RW-4 was a monitoring well at the time the February 26, 1992
sample was obtained. Shortly after the February 1992 semi-annual monitoring event, this well was
converted to a recovery well. Since that time no substances have appeared in Recovery Well#
BMW-1/RW-4.
Except for Recovery Well RT-1, concentrations of substances in recovery wells have been
reduced such that no subst~ces were detected during the April 22, 1996 monitoring event. Benzene
was initially found in recovery. well RT-1 at a concentration of 1.730 milligrams per liter on February
7, 1992. The Groundwater Quality Standard for Benzene is 0.001 milligram per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in this recovery well
significantly above the Groundwater Quality Standards in Title 15A NCAC 2L .0202. Since
February 1992 the company has monitored the groundwater quality at this well on six different
occasions. Reductions in concentration levels in recovery well RT-1 have been followed by upward
"rebounding" of concentrations, above the Groundwater Quality Standards in 15A NCAC 2L .0202.
The April 22, 1996 monitoring event revealed that concentrations of substances at recovery well RT-1
still remained above the standards. Benzene found in this recovery well RT-1 was at a concentration
of 0.860 milligrams per liter on February 7, 1992. Ethylbenzene was also found in this recovery well
at a concentration above the Groundwater Quality Standards in 15A NCAC 2L .0202. As indicated
by monitoring at Recovery Well # R T-1, insignificant reductions in Benzene and other substances
have occurred near the recovery trench as a result of using pump-and-treat with carbon air stripping
technologies. No significant increase in concentrations of substances was observed as a result of the
cessation of pump-and-treat cleanup operation.
Consolidated Freightways Incorporated has submitted supporting information showing that the
variance will not endanger public health, safety, or the environment. There are no water wells or
surface water supplies that are located in the downgraident direction from the site and known to be
in use as sources of drinking within a ½ mile radius of Consolidated Freightways Incorporated
property known as Parcel Number 1110B0000A043. The requirements for variance applications in
3
15A NCAC 2L .Ol 13(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. There are six water supply
wells located cross-gradient from the area for which the variance has been requested. These residential
wells are located to the north and northwest of the site on James Farm Road. The information
submitted by the company shows that the Mark White Residence at 187 James Farm Road, also
identified in the variance request as "Private Water Well # 4", has a water well but obtains water
supply from the county. The remaining five wells are used as the sole water supply for seven
residences. Two of these residences share the same well. Three wells are located on Consolidated
Freightways Incorporated property and have been abandoned and were closed by the introduction of
grout in these wells on Octa ber 23, 1991. The company does not believe these on-site wells will serve
as a channel for substances to migrate off-site. There are no large capacity drinking water supply
wells or drinking water supply intakes at surface water bodies located within a ½ mile radius of the
site. Drinking water in the area is obtained from the City of Statesville Light and Water Department
or the Iredell Water Corporation. The water supplied by the City of Statesville Light and Water
Department comes from a surface water intake located five miles from the site owned by Consolidated
Freightways Incorporated. Water from the Iredell Water Corporation is from two water supply wells
located 8/ 10 of a mile from the site. These two wells are six inch diameter and are located
approximately 400 feet deep in bedrock. The yield from these wells ranges from 16,000 to 40,000
gallons per day. Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site.
Based on groundwater flow information obtained during the Comprehensive Site Assessment,
it is believed that the contaminant plume is moving to the west-southwest. Consolidated Freightways
Incorporated has calculated the time it will take Benzene and other substances found at the site to
impact three down-gradient on-site ponds that discharge into Fourth Creek, a tributary of the Yadkin
River. The company asserts that substances in the plume of dissolved petroleum hydrocarbons will
enter the three farm ponds at concentration levels exceeding 15A NCAC 2L .0202 standards for
Benzene, Ethylene Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes that no dilution or attenuation of the plume occurs.
An Iredell Water Corporation water supply line passes through the area for which the variance
has been requested. The Iredell Water Corporation has reported to the Groundwater Section staff that
water supply lines are generally located at a depth of three to six feet beneath land surface.
Consolidated Freightways has estimated that the depth to groundwater, where substances have been
reported in excess of the 15A NCAC 2L .0202 Groundwater Quality Standards, is 25 to 35 feet
beneath land surface. It is highly unlikely that substances in groundwater at the site owned by
Consolidated Freightways Incorporated will have an adverse impact on this water supply line.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .01060). Consolidated Freightways Incorporated has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained in
15A NCAC 2L .0202. This is due to the high probability that continued remediation activities at the
site will not significantly reduce contaminant levels below Groundwater Quality Standards in 15A
NCAC 2L .0202. Consolidated Freightways Incorporated reports that 4100 cubic yards of diesel and
gasoline contaminated soils were removed, stockpiled, and remediated at this site. A total of2,448,750
gallons of groundwater has been treated using this technology. A total of$ 286,000 has been
4
expended to conduct the site assessment, reimburse claims, conduct monitoring, and cleanup this
site. Information from the Groundwater Section shows that as of June I 0, 1997, $ 165,564.69 of this
cost has been reimbursed through the Non-Commercial Leaking Petroleum Underground Storage
Tank Trust Fund.
Consolidated Freightways Incorporated has shown that no significant increases in the
concentration of any substance above groundwater standards was observed in monitoring wells as a
result of the cessation of pump-and-treat cleanup at this site. It must be noted that fluctuations in the
concentrations of Benzene, Toluene, Ethylbenzene; and Xylene in recovery well RT-1 have occurred
and no significant reductions have been observed since March 7, 1994. The company believes that the
continued presence of substances in the recovery trench of the former Tank Pit# I, demonstrates that
continued implementation of pump and treat will not result in a significant reduction in contaminant
concentrations at this site.
Consolidated Freightways Incorporated does not believe the use of in-situ or enhanced
bioremediation is best available technology for this site. In-situ or enhanced bioremediation relies on
the introduction of nutrients and oxygen to groundwater to assist in supporting the development of
a population of microorganisms capable of breaking down substances into harmless chemicals such
that concentrations of substances are reduced below the I SA NCAC 2L .0202 Groundwater Quality
Standards. The company has submitted information demonstrating that conditions at this site are
such that the life and growth of indigenous populations of microbes that may exist in the subsurface
will be sustained. Consolidated Freightways Incorporated believes that "intrinsic bioremediation"
is already occurring at this site. In-situ or enhanced bioremediation will require the company to
expend additional funds to meet the permitting requirements for injection wells in 15A NCAC 2C
.0200 to introduce nutrients and oxygen into the subsurface. Consolidated Freightways does not
believe it is cost effective to use in-situ bioremediation at a site where natural conditions in the
subsurface are capable of supporting viable microbial populations.
Consolidated Freightways Incorporated has considered the use of air sparging as an alternate
technology to the present pump-and-treat system. The company does not believe that the use of this
technology is practical to meet the requirements of 15A NCAC 2L .0113(c)(5). Consolidated
Freightways Incorporated estimates the yearly costs to operate and maintain an air sparging system
would be approximately $ 18,000 based on a monthly projected monthly cost of$ 1,500. Additional
costs for air sparging system design; well construction, and equipment would need to be calculated
before this cleanup technology could be used at the site. The company estimates that it may take at
least two years for air sparging to reduce remaining contaminant levels below the Groundwater
Quality Standards in 15A NCAC 2L .0202, if these standards can be met at all. Consolidated
Freightways believes that the low residual concentrations of substances in groundwater at the site and
the lack of any human receptors does not warrant the additional expense of implementing air sparging.
The hearing will be held as follows:
ST A TESVILLE
Tuesday, August 26, 1997
7:00 PM
Iredell County Hall of Justice
Second Floor, Courtroom# 1
221 Water Street
5
Oral Comments may be made during the hearing, or written statements may be submitted to the
agency by September 26, 1997. Written copies of oral statements exceeding three minutes are requested.
Oral statements may be limited at the discretion of the hearing officers.
Please forward comments or information requests to:
David Hance
EHNR-DWQ-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
Phone: [phone]; Fax: [phone]
Internet E-Mail Address: [e-mail]
This proposed variance request is available for public inspection at the locations listed below. Copies
may be obtained at each location for a charge often cents per page.
A. Preston Howard, Jr., P.E.
Director, Division of Water Quality
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
P.O. Box 29578
2728 Capital Blvd.
Raleigh, NC -27626-0578
[phone]
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
[phone]
6
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
AVA
DEHNR
July 23, 1997
ANNE FLORENCE CANNON, et. al .
918 COROLA AVE.
COLUMBIA, SC 29203
REGARDING:
TO WHOM IT MAY CONCERN:
Your Property Adjacent to or Water
Well near Consolidated Freightways
Property at the Former N.C. James
Farm on State Road 2173
(Groundwater Incident# 5484)
The Department of Environment, Health and Natural Resources has received a
request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202
and Corrective Action requirements of ISA NCAC 2L .01060). 15A NCAC 2L
.Ol 13(e)(l)(E) requires adequate notice be given to area properties and adjacent property
owners prior to hearing.
You will find enclosed a Public Notice regarding the variance hearing. Please refer to
the enclosure for additional information. If you have any questions concerning this
variance request, please contact David Hance at [phone].
Enclosure
Groundwater Section,
P.O. Box 29578, Raleigh, North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
N!iC
·ema·eee
Sincerely,
'
/}?1~~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Action Employer
50% recycles/lO"k post-consumer paper
NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
Notice is hereby given of a variance application and public hearing to be held by the Department of
Environment, Health and Natural Resources on behalf of the Environmental Management Commission. The
hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202
and the Corrective Action requirements of 15A_NCAC 2L .0106 G) for a site at State Road 2173 (James Farm
Road) in Statesville, North Carolina. The Division of Water Quality refers to this site identified in the variance
request as Groundwater Incident# 5484. This property, previously owned by Mr. N.C. James of Statesville,
North Carolina, is now owned by Consolidated Freightways Incorporated. The Consolidated Freightways
Incorporated is entirely responsible for cleanup for Groundwater Incident# 5484. This variance application
from Consolidated Freightways was received for review by the Department on May 16, 1996.
The property where the release of petroleum product has occurred is located as follows:
In Iredell County near the Interstate 40 and Interstate 77 interchange. Take US 40 west to Statesville, North
Carolina and continue on past Interstate 77 approximately one and one-half miles. Take the US 21 Exit north
for one-half mile and turn right (east) onto James Farm Road (State Road 2173). Tum onto the dirt road
when State Road 2173 abruptly angles north. The site is at the abandoned farm that was previously operated
by Mr. N.C. James on this dirt road. This property is listed in the Iredell County Tax Records as Parcel
Number 1110B0000A043.
Consolidated Freightways Incorporated requests that the Environmental Management Commission
grant the following variance to its rules under the authority of 15A NCAC 2L .01 l3 so that it does the
following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), and Ethylene
Dibromide to remain at levels above 15A NCAC 2L .0202 standards as analyzed on April 22, 1996.
These concentrations will be required to remain within the property boundaries of Parcel Number
1110B0OOA043.
The property at James Farm Road, for which the Consolidated Freightways Incorporated has
cleanup responsibilities under Groundwater Incident Number 5484, consists of approximately 94.492
acres ofland. The total land area covered in this variance request consists of 2.75 acres of this land
(120,000 square feet) and is roughly in the shape of a rectangl~. "From 194,7 through 1990 Mr. N.C.
James operated a dairy on this property. ·During this period Mr. James stored petroleum products on
this land for use in farm machinery and vehicles. Four 1,000 gallon underground storage tanks
containing gasoline and one 550 gallon underground storage tank containing diesel fuel were kept on
this site. In 1990, Mr. James sold this property to Consolidated Freightways Incorporated. In
purchasing the property Consolidated Freightways Incorporated accepted the responsibility to cleanup
this site. This property is located in an area with a mixture of commercial, industrial, and residential
development.
1
Pursuant to the transfer of property to Consolidated Freightways Incorporated, the company
removed four 1, 000 gallon underground storage tanks for gasoline at an area known as "Tank Pit#
1" and one 550 gallon tank that was once used to store diesel fuel from part of the property identified
as "Tank Pit# 2" in November 1989. During tank removal it was discovered that unknown quantities
of diesel fuel and gasoline had been released over the time this property had been operated as a farm.
All potential sources of groundwater contamination were identified at this property by the company.
The site assessment was submitted on November 26, 1990. The corrective action plan for this site was
submitted on January 23, 1991. Additional reports concerning the progress of cleanup at this site were
submitted between November 1991 and June 1994. These plans and reports were approved by the
Division and are on file at the Mooresville Regional Office.
All contaminated soils from Tank Pit# 1 and Tank Pit# 2 were excavated and treated at the site
and there are no remaining soils impacted by this release. Pursuant to approval by the Mooresville
Regional Office, these soils were land applied over a 12 acre area of the farm. After eight weeks of
land application, four composite soil samples were collected and revealed less than 5 parts per million
ofBTEX and Total Petroleum Hydrocarbons (TPH). This concentration is below the level found in
the "Groundwater Section Guidelines for the Investigation and Remediation of Soil and Groundwater
(March 17, 1997) ". Permits to remediate soils via application to the land surface are no longer needed
and have either expired or have been rescinded.
The comprehensive site assessment revealed a groundwater plume from a small area of free
product contamination at Tank Pit # 1 where the four gasoline underground storage tanks had been
removed. The area of free product was in the shape of an ellipse and was approximately 22,500
square feet (0 .52 acres) in diameter with it's longitudinal axis in a southwesterly direction. Site
assessment information on file in the Mooresville Regional Office shows that the vertical extent of
this plume to be approximately 46.5 feet below the ground surface. It is not believed that this plume
contaminated the bedrock aquifer beneath this site. Groundwater cleanup was initiated at this site in
an area known as Tank Pit# 1 on October 28, 1991. The cleanup system used by Consolidated
Freightways Incorporated consisted of a combination of pump-and-treat with air-stripping via carbon
filter to remove contaminants from groundwater. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows water and other
fluids, discharged through an air stripping device, to be sent back into the subsurface where they
recirculated into the cleanup system for continual treatment. An infiltration gallery may also serve
to enhance intrinsic biodegradation of contaminants by introducing dissolved oxygen in the subsurface
which may stimulate biologic decomposition of some dissolved petroleum hydrocarbons. A recovery
trench was excavated in the area of the former Tank Pit# 1 as a collection point for migrating liquids
beneath the surface of the ground. On December 2, 1993 the Division of Water Quality recommended
the pump-and-treat system be turned off and monitoring be conducted and cleanup operations ceased
on December 17, 1993. In order to maintain operational status of the pump-and-treat cleanup system
the company reactivated the cleanup system for a brief period of time from June 1, 1994 through
September 1, 1994. Groundwater cleanup was not necessary at Tank Pit # 2 since monitoring well
sampling data has revealed no groundwater contamination at this area of the property.
The Division of Water Quality required Consolidated Freightways Incorporated to perform
groundwater monitoring to determine the vertical and lateral extent of contamination. Since April 23,
1990 monitoring has been conducted at six on-site wells located at State Road 2173. Benzene was
found in one of the six on site monitoring wells on July 29, 1990. The highest concentration of
Benzene found in a monitoring well, prior to implementation of groundwater cleanup, was 0.341
milligrams per liter found in Monitoring Well # 7 during the July 29, 1990 sampling event. The
2
Groundwater Quality Standard for Benzene in ISA NCAC 2L .0202 is 0.001 milligrams per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in Monitoring Well # 7
significantly above the Groundwater Quality Standards in Title ISA NCAC 2L .0202. Monitoring
Well# 7 is located within the area of the proposed variance approximately 30 feet west of Tank Pit
# 1. Groundwater monitoring has been conducted on four different occasions over the last seven years.
Since July 29, 1990 no substances have appeared in Monitoring Well# 7. From April 23, 1990
through April 22, 1996 no substances have been detected in the remaining monitoring wells.
The Division also required Consolidated Freightways Incorporated to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances in recovery wells beginning
February 26, 1992. Recovery wells at Consolidated Freightways site on State Road 2173 site are used
as sumps to collect groundwater, free product, and dissolved hydrocarbons from the site for treatment.
This monitoring effort was necessary to understand the effect pump-and-treat cleanup had on
concentrations of substances at the site. Samples were obtained from the four recovery wells located
near Tank Pit# 1. The highest concentration of Benzene found in a recovery well, since groundwater
cleanup was implemented in October 1991, was 15.0 milligrams per liter found in Recovery Well#
BMW-1/RW-4 during the February 26, 1992 sampling event. The Groundwater Quality Standard for
Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter. Concentrations of Ethylbenzene,
Toluene, and Xylene were also found in Recovery Well# BMW-1/RW-4 significantly above the
Groundwater Quality Standards in Title 15A NCAC 2L .0202. This recovery well is located in an
west-southwest direction from the infiltration gallery and pump-and-treat cleanup system. It must be
noted that Recovery Well# BMW-1/RW-4 was a monitoring well at the time the February 26, 1992
sample was obtained. Shortly after the February 1992 semi-annual monitoring event, this well was
converted to a recovery well. Since that time no substances have appeared in Recovery Well#
BMW-l/RW-4.
Except for Recovery Well RT-I, concentrations of substances in recovery wells have been
reduced such that no substances were detected during the April 22, 1996 monitoring event. Benzene
was initially found in recovery well RT-I at a.concentration of 1.730 milligrams per liter on February
7, 1992. The Groundwater Quality Standard for Benzene is 0.001 milligram per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in this recovery well
significantly above the Groundwater Quality Standards in Title 15A NCAC 2L .0202. Since
February 1992 the company has monitored the groundwater quality at this well on six different
occasions. Reductions in concentration levels in recovery well RT-1 have been followed by upward
"rebounding" of concentrations, above the Groundwater Quality Standards in 15A NCAC 2L .0202.
The April 22, 1996 monitoring event revealed that concentrations of substances at recovery well RT-1
still remained above the standards. Benzene found in this recovery well RT-1 was at a concentration
of 0.860 milligrams per liter on February 7, 1992. Ethylbenzene was also found in this recovery well
at a concentration above the Groundwater Quality Standards in 15A NCAC 2L .0202. As indicated
by monitoring at Recovery Well# RT-1, insignificant reductions in Benzene and other substances
have occurred near the recovery trench as a result of using pump-and-treat with carbon air stripping
technologies. No significant increase in concentrations of substances was observed as a result of the
cessation of pump-and-treat cleanup operation.
Consolidated Freightways Incorporated has submitted supporting information showing that the
variance will not endanger public health, safety, or the environment. There are no water wells or
surface water supplies that are located in the downgraident direction from the site and known to be
in use as sources of drinking within a ½ mile radius of Consolidated Freightways Incorporated
property known as Parcel Number 1110B0000A043. The requirements for variance applications in
3
15A NCAC 2L .Ol 13(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. There are six water supply
wells located cross-gradient from the area for which the variance has been requested. These residential
wells are located to the north and northwest of the site on James Farm Road. The information
submitted by the company shows that the Mark White Residence at 187 James Farm Road, also
identified in the variance request as "Private Water Well # 4", has a water well but obtains water
supply from the county. The remaining five wells are used as the sole water supply for seven
residences. Two of these residences share the same well. Three wells are located on Consolidated
Freightways Incorporated property and have been abandoned and were closed by the introduction of
grout in these wells on October 23, 1991. The company does not believe these on-site wells will serve
as a channel for substances to migrate off-site. There are no large capacity drinking water supply
wells or drinking water supply intakes at surface water bodies located within a ½ mile radius of the
site. Drinking water in the area is obtained from the City of Statesville Light and Water Department
or the Iredell Water Corporation. The water supplied by the City of Statesville Light and Water
Department comes from a surface water intake located five miles from the site owned by Consolidated
Freightways Incorporated. Water from the Iredell Water Corporation is from two water supply wells
located 8/10 of a mile from the site. These two wells are six inch diameter and are located
approximately 400 feet deep in bedrock. The yield from these wells ranges from 16,000 to 40,000
gallons per day. Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site.
Based on groundwater flow information obtained during the Comprehensive Site Assessment,
it is believed that the contaminant plume is moving to the west-southwest. Consolidated Freightways
Incorporated has calculated the time it will take Benzene and other substances found at the site to
impact three down-gradient on-site ponds that discharge into Fourth Creek, a tributary of the Yadkin
River. The company asserts that substances in the plume of dissolved petroleum hydrocarbons will
enter the three farm ponds at concentration levels exceeding 15A NCAC 2L .0202 standards for
Benzene, Ethylene Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes that no dilution or attenuation of the plume occurs.
An Iredell Water Corporation water supply line passes through the area for which the variance
has been requested. The Iredell Water Corporation has reported to the Groundwater Section staff that
water supply lines are generally located at a depth of three to six feet beneath land surface.
Consolidated Freightways has estimated that the depth to groundwater, where substances have been
reported in excess of the 15A NCAC 2L .0202 Groundwater Quality Standards, is 25 to 35 feet
beneath land surface. It is highly unlikely that substances in groundwater at the site owned by
Consolidated Freightways Incorporated will have an adverse impact on this water supply line.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .0106G). Consolidated Freightways Incorporated has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained in
15A NCAC 2L .0202. This is due to the high probability that continued remediation activities at the
site will not significantly reduce contaminant levels below Groundwater Quality Standards in 15A
NCAC 2L .0202. Consolidated Freightways Incorporated reports that 4100 cubic yards of diesel and
gasoline contaminated soils were removed, stockpiled, and remediated at this site. A total of2,448,750
gallons of groundwater has been treated using this technology. A total of $ 286,000 has been
4
expended to conduct the site assessment, reimburse claims, conduct monitoring, and cleanup this
site. Information from the Groundwater Section shows that as of June 10, 1997, $ 165,564.69 of this
cost has been reimbursed through the Non-Commercial Leaking Petroleum Undergrqund Storage
Tank Trust Fund. ·
Consolidated Freightways Incorporated has shown that no significant increases in the
concentration of any substance above groundwater standards was observed in monitoring wells as a
result of the cessation of pump-and-treat cleanup at this site. It must be noted that fluctuations in the
concentrations of Benzene, Toluene, Ethylbenzene, and Xylene in recovery well RT-1 have occurred
and no significant reductions have been observed since March 7, 1994. The company believes that the
continued presence of substances in the recovery trench of the former Tank Pit# 1, demonstrates that
continued implementation of pump and treat will not result in a significant reduction in contaminant
concentrations at this site.
Consolidated Freightways Incorporated does not believe the use of in-situ or enhanced
bioremediation is best available technology for this site. In-situ or enhanced bioremediation relies on
the introduction of nutrients and oxygen to groundwater to assist in supporting the development of
a population of microorganisms capable of breaking down substances into harmless chemicals such
that concentrations of substances are reduced below the 15A NCAC 2L .0202 Groundwater Quality
Standards. The company has submitted information demonstrating that conditions at this site are
such that the life and growth of indigenous populations of micro bes that may exist in the subsurface
will be sustained. Consolidated Freightways Incorporated believes that "intrinsic bioremediation"
is already occurring at this site. In-situ or enhanced bioremediation will require the company to
expend additional funds to meet the permitting requirements for injection wells in 15A NCAC 2C
.0200 to introduce nutrients and oxygen into the subsurface. Consolidated Freightways does not
believe it is cost effective to use in-situ bioremediation at a site where natural conditions in the
subsurface are capable of supporting viable microbial populations.
Consolidated Freightways Incorporated has considered the use of air sparging as an alternate
technology to the present pump-and-treat system. The company does not believe that the use of this
technology is practical to meet the requirements of 15A NCAC 2L .0113(c)(5). Consolidated
Freightways Incorporated estimates the yearly costs to operate and maintain an air sparging system
would be approximately$ 18,000 based on a monthly projected monthly cost of$ 1,500. Additional
costs for air sparging system design, well construction, and equipment would need to be calculated
before this cleanup technology could be used at the site. The company estimates that it may take at
least two years for air sparging to reduce remaining contaminant levels below the Groundwater
Quality Standards in I SA NCAC 2L .0202, if these standards can be met at all. Consolidated
Freightways believes that the low residual concentrations of substances in groundwater at the site and
the lack of any human receptors does not warrant the additional expense of implementing air sparging.
The hearing will be held as follows:
ST A TESVILLE
Tuesday, August 26, 1997
7:00 PM
Iredell County Hall of Justice
Second Floor, Courtroom # I
221 Water Street
5
Oral Comments may be made during the hearing, or written statements may be submitted to the
agency by September 26, 1997. Written copies of oral statements exceeding three minutes are requested.
Oral statements may be limited at the discretion of the hearing officers.
Please forward comments or information requests to:
David Hance
EHNR-DWQ-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
Phone: [phone]; Fax: [phone]
Internet E-Mail Address: [e-mail]
This proposed variance request is available for public inspection at the locations listed below. Copies
may be obtained at each location for a charge of ten cents per page.
A. Preston Howard, Jr., P.E.
Director, Division of Water Quality
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
P.O. Box 29578
2728 Capital Blvd.
Raleigh, NC 27626-0578
[phone]
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
[phone]
6
RESPONSIBLE FOR CLEANUP AT THIS SITE.
UPON TANK REMOVAL BY CONSOLIDATED FREIGHTWAYS
INCORPORATED RELEASES OF PETROLEUM PRODUCT WERE
DISCOVERED AT THIS SITE. CONSOLIDATED FREIGHTWAYS BOUGHT
THIS PROPERTY WITH THE INTENT OF USING IT FOR COMPANY
OPERATIONS. SINCE THAT TIME THE COMPANY HAS DECIDED TO
PLACE THIS PROPERTY ON THE MARKET FOR SALE PENDING FINAL
ACTION ON TIDS VARIANCE REQUEST. TIDS PROPOSED VARIANCE
FOR CONSOLIDATED FREIGHTWAYS INCORPORATED WILL APPLY
ONLY TO 2.75 ACRES OF THE TOTAL 94.492 ACRE TRACT OF LAND
IDENTIFIED IN IREDELL COUNTY TAX RECORDS AS PARCEL NUMBER
1110B0000A043 IN THE VARIANCE REQUEST. IN THE SUPPORTING
INFORMATION SUBMITTED IN THIS REQUEST, CONSOLIDATED
FREIGHTWAYS INCORPORATED INFORMED THE DIVISION THAT THIS
SITE IS LOCATED WITHIN AN AREA CONTAINING A MIXTURE OF
COMMERCIAL, INDUSTRIAL, AGRICULTURAL, AND RESIDENTIAL
PROPERTIES.
3
THE APPLICANT PROPOSES TO ALLOW THOSE CONCENTRATIONS
OF BENZENE, TOLUENE, ETHYLBENZENE, XYLENES, ETHYLENE
DIBROMIDE, TO REMAIN AT LEVELS AS FOUND DURING THE APRIL 22,
1996 GROUNDWATER ANALYSIS, THESE CONC~NTRATIONS WILL BE
REQUIRED TO REMAIN WITHIN THE BOUNDARIES OF THIS PROPERTY
OWNED BY CONSOLIDATED FREIGHTWAYS INCORPORATED
AND IDENTIFIED IN IREDELL COUNTY TAX RECORDS AS PARCEL
NUMBER 1110B0000A043.
CONSOLIDATED FREIGHTWAYS INCORPORATED ALSO PROPOSES
THAT CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AVAILABLE TECHNOLOGY IN 15A NCAC 2L .0106 (j) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
CONSOLIDATED FREIGHTWAYS INCORPORATED HAS REPORTED THAT
A TOTAL OF$ 286,000 HAS BEEN EXPENDED TO CLEANUP TIDS SITE.
INFORMATION FROM THE GROUNDWATER SECTION SHOWS THAT AS
OF JUNE 10, 1997, CONSOLIDATED FREIGHTWAYS INCORPORATED HAS
BEEN REIMBURSED $ 165,564.69 FROM THE NON-COMMERCIAL
LEAKING PETROLEUM UNDERGROUND STORAGE TANK TRUST FUND.
4
CONSOLIDATED FREIGHTWAYS INCORPORATED HAS SUBMITTED
SUPPORTING INFORMATION DEMONSTRATING THAT THE CONTINUED
APPLICATION OF BEST AVAILABLE TECHNOLOGY WILL NOT RESULT
IN SIGNIFICANT LONG TERM REMEDIATION OF THE SITE TO THE
GROUNDWATER QUALITY STANDARDS IN 15A NCAC 2L .0202. THE
COMPANY BELIEVES THAT APPLICATION OF BEST AVAILABLE
TECHNOLOGY AT THIS LOCATION IS A SERIOUS FINANCIAL IMPACT
WITHOUT EQUAL OR GREATER PUBLIC BENEFIT.
THIS HEARING WILL CONFORM TO PROCEDURES IN 15A NCAC 2L
.0113. ADDITIONAL COPIES OF THE NOTICE OF VARIANCE
APPLICATION AND HEARING ARE LOCATED IN THIS BUILDING AND
ARE AVAILABLE FOR PUBLIC REVIEW.
A WRITTEN RECORD OF THIS HEARING WILL BE PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT COMMENTS, QUESTIONS, AND
DISCUSSIONS. FOR THIS REASON, THE HEARING IS BEING TAPE
RECORDED. WRITTEN COMMENTS RECEIVED THROUGH SEPTEMBER
26, 1997 WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE
PUBLIC COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF,
5
I WILL MAKE A RECOMMENDATION TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. IN MAKING THE FINAL DECISION, THE
ENVIRONMENTAL MANAGEMENT COMMISSION CONSIDERS THE
WRITTEN RECORD, THE RECOMMENDATION OF THE HEARING
OFFICER, THE RECOMMENDATIONS OF DIVISION STAFF, AND THE
CONCERNS OF ITS MEMBERS. THE COMMISSION MUST ALSO
CONSIDER WHETHER THE APPLICANT HAS COMPLIED WITH 15A NCAC
2L .0113(g).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION
IS UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO
PROCEDURES IN 15A NCAC 2L .0113(h). THE DECISION ON THE
VARIANCE BY THE ENVIRONMENTAL MANAGEMENT COMMISSION IS
FINAL AND BINDING ACCORDING TO THE CONDITIONS SHOWN IN 15A
NCAC 2L .0113(h).
AT THIS TIME I WOULD LIKE TO RECOGNIZE (names of local and state
officials) AND THANK YOU FOR ATTENDING TIDS HEARING. I WOULD
ALSO LIKE TO RECOGNIZE THE FOLLOWING PEOPLE FROM THE
DIVISION OF WATER QUALITY (DWQ central office and DWQ regional office personnel).
6
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. ms TELEPHONE NUMBER IN
RALEIGH IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE
BEST POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
9
Recycled Paper
E
August 7, 1997
Mr. David Hance
North Carolina Department of Environment,
Health and Natural Resources-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
RE: Proposed Groundwater Sampling and Analyses Schedule
After Variance Approval (If Required by State)
Incident #5484
Consolidated Freightways,. Inc. (Former Jrunes Farm Site)
State Road 2173, Statesville, Iredell County, NC
S&:rv.t:E Project No. 1354-89-413A
Dear Mr. Hance:
w
N
.. ,
l •
As per our phone conversation on August 7, 1997, if the State requires groundwater monitoring after
the Variance Request of May 16, 1996 is approved, then S&:rv.t:E, Inc., on behalf of Consolidated
Freightways, Inc. (CF), recommends the following one year srunpling and analyses schedule.
However, we do not believe that additional groundwater monitoring and associated trust fund expense
is necessary or cost effective, based on the previous srunpling results, and the estimated time (3 0 to 62
years) for potential migration of low levels of compounds into the three downgradient ponds.
Furthermore, we believe that the low residual concentrations of substances in the groundwater at the
site, and the absence of human rec_eptors of groundwater do not warrant the additional expense
,,
( estimate $5000/year) for semi-annual srunpling, analyses and reporting.
The State's July, 1997 Notice of Variance Application and Hearing requrres the hydrocarbon
compounds above the 2L groundwater standards to remain within the subject Consolidated
Freightways, Inc. property boundaries. Our proposed monitoring (if required by the State) would
further evaluate groundwater compliance within the Variance boundary area at selected on-site monitor
and former recovery wells (BMW-1/RW-4, MW-3, MW-4, MW-5, MW-6, MW-7, MW-8, and RT-
I ). If required by the State, S&:rv.t:E, · Inc. proposes to srunple groundwater from these eight wells on a
S&ME, Inc. 9751 Southern Pine 13oulevord, Charlotte, North Carolina 28273, [phone], Fox [phone]
Moiling address: P.0.13ox 7668, Charlotte, North Carolina 28241-7668
97 15,07 FR0M,S AND ME CHARLOTTE
August 7, 1997_
Mr. David Hance
North Carolina Department ofF.nvirorunent,
Health and Natural Resources-,Groundwater Section
P.O. Box 29578
Raleigh, NC 27626~0578
ID,704+525+3953
RE: Proposed Groundwater Sampling and An~yses Schedule
After Variance Approval (If Required by State)
Incident #5484
Consolidated Freightwa~ •. Inc. (Form~ James Farm Site)
State Road 2173: Statesville. Iredell County. NC
S&l\.1E Project No. 1354-89-413A
Dear Mr. Hance:
PAGE
As per our phone conversation on Au,,cust 7, 1997, if the State requires groundwater monitoring after
·(._ the Variance Request of May 16, 1996 is approved, then S&ME, Inc., on behalf of Consolidated
Freightways, Inc: (CF), recommends the following one year sampling and analyses schedule.
However, we do not believe that additional groundwater monitoring and associated trust fund e:xpense
is necessary or cost effective, based on the previous sampling :results., and the estimated time (30 to 62
years) for potential migration of low levels of compounds into the three downgraclient ponds.
Furthermore, we believe that the low residual concentrations of substances in the groundwater at the
site, and the absence of human rec_eptors of groundwater do not warrant the additional expense
,.
(estimate $5000/year) for semi-annuai sa.Illpling, analyses and reporting.
The Statc::'s July, I 997 Notice of Variance Application and Hearing requires the hydrocarbon
compounds above the 2L groundwater standards · t_o . remain Vvithin the subject Consolidated
Freightways, Inc. property boundaries. Our proposed monitoring · (If required by the State) would
further evaluate groundwater compliance within the Variance boundary area at selected on-site monitor
and former :recovery wells (BMW-1/RW-4, MW~3. MW-4, MW-5, MW-6. M.W-7. MW-8, and RT-
1). If required by the State, S&:tvffi, · Inc. proposes to sample groundwater from these eight wells on a
S&ME, Inc. 97.51 .south~m Pine Ooulevord, Q)artom,~:·,North Carolina 28273. [phone], F~ (704) 525-39~
Moiling odd~ P.O. Box 7668, Olorlotte, North Corolino 28241-7668
2/4
07-AUG-97 15 ■07 FROM,S AND ME CHARLOTTE ID,?04+525+3953 PAGE 2/4
August 1. 1997_
Mr. DaVICIHance
Nonh Carolina Department ofEnviromnent,
Health and Natural Resources--Groundwater Section
P.O. Box29578
Raleigh, NC 27626.-0:578
BE: Pmposed Groundwater Sampling and Analyses Schedule
After Variance Approval (If Required by State)
Incident #5484
Consolidated Freightways,_ Inc. (Formet" James Fann Site)
State Road 2173~ Statesville, Iredell Coumy, NC
S&ME Project No. 1354-89-413A
Dear Mr. Hance:
As per our phone conversation on August 7, 1997, if the State requjres groundwater monitoring after
the Variance Request of May 16, 1996 is approved, then S&ME, Inc., on behalf of Consolidated
Freightways1 Inc. (CF), recommends the following one year sampling and analyses schedule.
However, we do not believe that additional groundwater monitoring and associated trust fimd expense
is necessary or cost effective, based on the previous sampling ~ and the estimated time (30 to 62
years) for potential migration of low levels of compounds into the three downgradient ponds.
Furthermore, we believe that the low residual concentrations of substances in the groundwater at the
site, and the absence of human rec_eptors of groundwater do not warrant the additional expense
( estimate $5000/year) ·for semi-annual sampling, analyses and reporting.
The State's July, 1997 Notice of Variance Application and Hearing requires the hydrocarbon
compounds above the 2L groundwater · standards to remain within the subject Consolidated
Freightways. Inc. property boundaries. Our proposed monitoring (If required by the State) would
further evaluate groundwater compliance within the Variance boundary area at selected on-site monitor
and former recovery wells (BMW-l/R.W-4. l\.1W-3. MW-4. '.M\,V-5, ivrw~. "MVl-7, MW-8. and RT•
1 ). If required by the State, S&ME, · Inc. proposes to sample groundwater fiom these eight wells on a
1:,~ 5&ME, Ire. 97,:)1 XXJ1hem Pine Boulevord, CllQrlorre-, North Carolina 28273. (704) 5~726, ~ (704) 525--3953
·;;;:~· Moiling oddreSS: P.O. J3ox 7668, Olorlotte, North Carolina 28241-7668 ----
NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
Notice is hereby given of a variance application and public hearing to be held by the Department of
Environment, Health and Natural Resources on behalf of the Environmental Management Commission. The
hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202
and the Corrective Action requirements of 15A NCAC 2L .0106 (j) for a site at State Road 2173 (James Farm
Road) in Statesville, North Carolina. The Division of Water Quality refers to this site identified in the variance
request as Groundwater Incident# 5484. This property, previously owned by Mr. N.C. James of Statesville,
North Carolina, is now owned by Consolidated Freightways Incorporated. The Consolidated Freightways
Incorporated is entirely responsible for cleanup for Groundwater Incident# 5484. This variance application
from Consolidated Freightways was received for review by the Department on May 16, 1996.
The property where the release of petroleum product has occurred is located as follows:
In Iredell County near the Interstate 40 and Interstate 77 interchange. Take US 40 west to Statesville, North
Carolina and continue on past Interstate 77 approximately one and one-half miles. Take the US 21 Exit north
for one-half mile and tum right (east) onto James Farm Road (State Road 2173). Turn onto the dirt road
when State Road 2173 abruptly angles north. Toe site is at the abandoned farm that was previously operated
by Mr. N.C. James on this dirt road. This property is listed in the Iredell County Tax Records as Parcel
Number 1110B0000A043.
Consqlidated Freightways Incorporated requests that the Environmental Management Commission
grant the following variance to its rules under the authority of ISA NCAC 2L .0113 so that it does the
following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), and Ethylene
Dibromide to remain at levels above 15A NCAC 2L .0202 standards as analyzed on April 22, 1996.
These concentrations will be required to .remain within the property boundaries of Parcel Number
11-I0B000A043.
The property at James Farm Road, for which the Consolidated Freightways Incorporated has
cleanup responsibilities under Groundwater Incident Number 5484, consists of approximately 94.492
acres ofland. Toe total land area covered in this variance request consists of 2.75 acres of this land
(120,000 square feet) and is roughly in the shape of a rectangly. From 194_7 through 1990 Mr. N.C.
James operated a dairy on this property. ·ouring this period Mr. James stored petroleum products on
this land for use in farm machinery and vehicles. Four 1,000 gallon underground storage tanks
containing gasoline and one 550 gallon underground storage tank containing diesel fuel were kept on
this site. In 1990, Mr. James sold this property to Consolidated Freightways Incorporated. In
purchasing the property Consolidated Freightways Incorporated accepted the responsibility to cleanup
this site. This property is located in an area with a mixture of commercial, industrial, and residential
development.
1
Oral Comments may be made during the hearing, or written statements may be submitted to the
agency by September 26, 1997. Written copies of oral statements exceeding three minutes are requested.
Oral statements may be limited at the discretion of the hearing officers.
Please forward comments or information requests to:
David Hance
EHNR-DWQ-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
Phone: [phone]; Fax: [phone]
Internet E-Mail Address: [e-mail]
This proposed variance request is available for public inspection at the locations listed below. Copies
may be obtained at each location for a charge often cents per page.
A. Preston Howard, Jr., P.E.
Director, Division of Water Quality
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
P.O. Box 29578
2728 Capital Blvd.
Raleigh, NC 27626-0578
[phone]
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
Mooresville Regional Office
919 North MainStreet
Mooresville, NC 28115
[phone]
6
expended to conduct the site assessment, reimburse claims, conduct monitoring, and cleanup this
site. Information from the Groundwater Section shows that as of June 10, 1997, $165,564.69 of this
cost has been reimbursed through the Non-Commercial Leaking Petroleum Underground Storage
Tank Trust Fund.
Consolidated Freightways Incorporated has shown that no significant increases in the
concentration of any substance above groundwater standards was observed in monitoring wells as a
result of the cessation of pump-and-treat cleanup at this site. It must be noted that fluctuations in the
concentrations of Benzene, Toluene, Ethylbenzene, and Xylene in recovery well RT-I have occurred
and no significant reductions have been observed since March 7, 1994. The company believes that the
continued presence of substances in the recovery trench of the former Tank Pit # 1, demonstrates that
continued implementation of pump and treat will not result in a significant reduction in contaminant
concentrations at this site.
Consolidated Freightways Incorporated does not believe the use of in-situ or enhanced
bioremediation is best available technology for this site. In-situ or enhanced bioremediation relies on
the introduction of nutrients and oxygen to groundwater to assist in supporting the development of
a population of microorganisms capable of breaking down substances into harmless chemicals such
that concentrations of substances are reduced below the I SA NCAC 2L .0202 Groundwater Quality
Standards. The company has submitted information demonstrating that conditions at this site are
such that the life and growth of indigenous populations of microbes that may exist in the subsurface
will be sustained. Consolidated Freightways Incorporated believes that "intrinsic bioremediation"
is already occurring at this site. In-situ or enhanced bioremediation will require the company to
expend additional funds to meet the permitting requirements for injection wells in I SA NCAC 2C
.0200 to introduce nutrients and oxygen into the subsurface. Consolidated Freightways does not
believe it is cost effective to use in-situ bioremediation at a site where natural conditions in the
subsurface are capable of supporting viable niicrqbial populations.
Consolidated Freightways Incorporated has considered the use of air sparging as an alternate
technology to the present pump-and-treat system. The company does not believe that the use of this
technology is practical to meet the requirements of ISA NCAC 2L -.0113(c)(5). Consolidated
Freightways Incorporated estimates the yearly costs to operate and maintain an air sparging system
would be approximately $ 18,000 based on a monthly projected monthly cost of$ 1,500. Additional
costs for air sparging system design, well construction, and equipment would need to be calculated
before this cleanup technology could be used at the site. The company estimates that it may take at
least two years for air sparging to reduce remaining contaminant levels below the Groundwater
Quality Standards in 15A NCAC 2L .0202, if these standards can be met at all. Consolidated
Freightways believes thatthe low residual concentrations of substances in groundwater at the site and
the lack of any human receptors does not warrant the additional expense of implementing air sparging.
The hearing will be held as follows:
STATESVILLE
Tuesday, August 26, 1997
7:00 PM
Iredell County Hall of Justice
Second Floor, Courtroom# I
221 Water Street
5
15A NCAC 2L .0113(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. There are six water supply
wells located cross-gradient from the area for which the variance has been requested. These residential
wells are located to the north and northwest of the site on James Fann Road. The information
submitted by the company shows that the Mark White Residence at 187 James Farm Road, also
identified in the variance request as "Private Water Well # 4", has a water well but obtains water
supply from the county. The remaining five wells are used as the sole water supply for seven
residences. Two of these residences share the same well. Three wells are located on Consolidated
Freightways Incorporated property and have been abandoned and were closed by the introduction of
grout in these wells on October 23, 1991. The company does not believe these on-site wells will serve
as a channel for substances to migrate off-site. There are no large capacity drinking water supply
wells or drinking water supply intakes at surface water bodies located within a ½ mile radius of the
site. Drinking water in the area is obtained from the City of Statesville Light and Water Department
or the Iredell Water Corporation. The water supplied by the City of Statesville Light and Water
Department comes from a surface water intake located five miles from the site owned by Consolidated
Freightways Incorporated. Water from the Iredell Water Corporation is from two water supply wells
located 8/10 of a mile from the site. These two wells are six inch diameter and are located
approximately 400 feet deep in bedrock. The yield from these wells ranges from 16,000 to 40,000
gallons per day. Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site.
Based on groundwater flow information obtained during the Comprehensive Site Assessment,
it is believed that the contaminant plume is moving to the west-southwest. Consolidated Freightways
Incorporated has calculated the time it will take Benzene and other substances found at the site to
impact three down-gradient on-site ponds that discharge into Fourth Creek, a tributary of the Yadkin
River. The company asserts that substances in the plume of dissolved petroleum hydrocarbons will
enter the three farm ponds at concentration levels exceeding 15A NCAC 2L .0202 standards for
Benzene, Ethylene Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes that no dilution or attenuation of the plume occurs.
An Iredeli Water Corporation water supply line passes through the area for which the variance
has been requested. ·Toe Iredell Water Corporation has reported to the Groundwater Section staff that
water supply lines are generally located at a depth of three· to six feet beneath land surface.
Consolidated Freightways has estimated that the depth to groundwater, where substances have been
reported in excess of the 15A NCAC 2L .0202 Groundwater Quality Standards, is 25 to 35 feet
beneath land surface. It is highly unlikely that substances in groundwater at the site owned by
Consolidated Freightways Incorporated will have an adverse impact on this water supply line.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .0106G). Consolidated Freightways Incorporated has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained in
ISA NCAC 2L .0202. This is due to the high probability that continued remediation activities at the
site will not significantly reduce contaminant levels below Groundwater Quality Standards in 15A
NCAC 2L .0202. Consolidated Freightways Incorporated reports that 4100 cubic yards of diesel and
gasoline contaminated soils were removed, stockpiled, and remediated at this site. A total of2,448,750
gallons of groundwater has been treated using this technology. A total of $ 286,000 has been
4
15A NCAC 2L .0113(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. There are six water supply
wells located cross-gradient from the area for which the variance has been requested. These residential
wells are located to the north and northwest of the site on James Farm Road. The information
submitted by the company shows that the Mark White Residence at 187 James Farm Road, also
identified in the variance request as "Private Water Well # 4", has a water well but obtains water
supply from the county. The remaining five wells are used as the sole water supply for seven
residences. Two of these residences share the same well. Three wells are located on Consolidated
Freightways Incorporated property and have been abandoned and were closed by the introduction of
grout in these wells on October 23, 1991. The company does not believe these on-site wells will serve
as a channel for substances to migrate off-site. There are no large capacity drinking water supply
wells or drinking water supply intakes at surface water bodies located within a½ mile radius of the
site. Drinking water in the area is obtained from the City of Statesville Light and Water Department
or the Iredell Water Corporation. The water supplied by the City of Statesville Light and Water
Department comes from a surface water intake located five miles from the site owned by Consolidated
Freightways Incorporated. Water from the Iredell Water Corporation is from two water supply wells
located 8/10 of a mile from the site. These two wells are six inch diameter and are located
approximately 400 feet deep in bedrock. The yield from these wells ranges from 16,000 to 40,000
gallons per day. Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site.
Based on groundwater flow information obtained during the Comprehensive Site Assessment,
it is believed that the contaminant plume is moving to the west-southwest. Consolidated Freightways
Incorporated has calculated the time it will take Benzene and other substances found at the site to
impact three down-gradient on-site ponds that discharge into Fourth Creek, a tributary of the Yadkin
River. The company asserts that substances in the plume of dissolved petroleum hydrocarbons will
enter the three farm ponds at concentration levels exceeding 15A NCAC 2L .0202 standards for
Benzene, Ethylene Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes that no dilution or attenuation of the plume occurs.
An Iredell Water Corporation water supply line passes through the area for which the variance
has been requested. ·Toe Iredell Water Corporation has reported to the Groundwater Section staff that
water supply lines are generally located at a depth of three· to six feet beneath land surface.
Consolidated Freightways has estimated that the depth to groundwater, where substances have been
reported in excess of the 15A NCAC 2L . 0202 Groundwater Quality Standards, is 25 to 3 5 feet
beneath land surface. It is highly unlikely that substances in groundwater at the site owned by
Consolidated Freightways Incorporated will have an adverse impact on this water supply line.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .01060). Consolidated Freightways Incorporated has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained in
15A NCAC 2L .0202. This is due to the high probability that continued remediation activities at the
site will not significantly reduce contaminant levels below Groundwater Quality Standards in ISA
NCAC 2L .0202. Consolidated Freightways Incorporated reports that 4100 cubic yards of diesel and
gasoline contaminated soils were removed, stockpiled, and remediated at this site. A total of2,448,750
gallons of groundwater has been treated using this technology. A total of$ 286,000 has been
4
Groundwater Quality Standard for Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in Monitoring Well # 7
significantly above the Groundwater Quality Standards in Title I SA NCAC 21 .0202. Monitoring
Well# 7 is located within the area of the proposed variance approximately 30 feet west of Tank Pit
# 1. Groundwater monitoring has been conducted on four different occasions over the last seven years.
Since July 29, 1990 no substances have appeared in Monitoring Well# 7. From April 23, 1990
through April 22, 1996 no substances have been detected in the remaining monitoring wells. .
The Division also required Consolidated Freightways Incorporated to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances in recovery wells beginning
February 26, 1992. Recovery wells at Consolidated Freightways site on State Road 2173 site are used
as sumps to collect groundwater, free product, and dissolved hydrocarbons from the site for treatment.
This monitoring effort was necessary to 'understand the effect pump-and-treat cleanup had on
concentrations of substances at the site. Samples were obtained from the four recovery wells located
near Tank Pit# 1. The highest concentration of Benzene found in a recovery well, since groundwater
cleanup was implemented in October 1991, was 15.0 milligrams per liter found in Recovery Well#
BMW-1 /R W-4 during the February 26, 1992 sampling event. The Groundwater Quality Standard for
Benzene in ISA NCAC 2L .0202 is 0.001 milligrams per liter. Concentrations of Ethylbenzene,
Toluene, and Xylene were also found in Recovery Well# BMW-1/RW-4 significantly above the
Groundwater Quality Standards in Title l SA NCAC 21 .0202. This recovery well is located in an
west-southwest direction from the infiltration gallery and pump-and-treat cleanup system. It must be
noted that Recovery Well# BMW-1/RW-4 was a monitoring well at the time the February 26, 1992
sample was obtained. Shortly after the February 1992 semi-annual monitoring event, this well was
converted to a recovery well. Since that time no substances have appeared in Recovery Well#
BMW-1/RW-4.
Except for Recovery Well RT-1, concentrations of substances in recovery wells have been
reduced such that no substances were detected during the April 22, 1996 monitoring event. Benzene
was initially found in recovery well RT-I at a concentration of 1.730 milligrams per liter on February
7, 1992. The Groundwater Quality Standard for Benzene is 0.001 milligram per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in this recovery well
significantly above the Groundwater Quality Standards in Title 15A NCAC 21 .0202. Since
February 1992 the company has monitored the groundwater quality at this well on six different
occasions. Reductions in concentration levels in recovery well RT-1 have been followed by upward
"rebounding" of concentrations, above the Groundwater Quality Standards in ISA NCAC 2L .0202.
The April 22, 1996 monitoring event revealed that concentrations of substances at recovery well R T-1
still remained above the standards. Benzene found in this recovery well R T-1 was at a concentration
of0.860 milligrams per liter on February 7, 1992. Ethylbenzene was also found in this recovery well
at a concentration above the Groundwater Quality Standards in l SA NCAC 21 .0202. As indicated
by monitoring at Recovery Well# RT-1, insignificant reductions in Benzene and other substances
have occurred near the recovery trench as a result of using pump-and-treat with carbon air stripping
technologies. No significant increase in concentrations of substances was observed as a result of the
cessation of pump-and-treat cleanup operation.
Consolidated Freightways Incorporated has submitted supporting information showing that the
variance will not endanger public health, safety, or the environment. There are no water wells or
surface water supplies that are located in the downgraident direction from the site and known to be
in use as sources of drinking within a ½ mile radius of Consolidated Freightways Incorporated
property known as Parcel Number l 110B0000A043. The requirements for variance applications in
3
Pursuant to the transfer of property to Consolidated Freightways Incorporated, the co~pany
removed four 1, 000 gallon underground storage tanks for gasoline at an area known as "Tank Pit#
1" and one 550 gallon tank that was once used to store diesel fuel from part of the property identified
as "Tank Pit# 2" in November 1989. During tank removal it was discovered that unknown quantities
of diesel fuel and gasoline had been released over the time this property had been operated as a farm.
All potential sources of groundwater contamination were identified at this property by the company.
The site assessment was submitted on November 26, 1990. The corrective action plan for this site was
submitted on January 23, 1991. Additional reports concerning the progress of cleanup at this site were
submitted between November 1991 and June 1994. These plans and reports were approved by the
Division and are on file at the Mooresville Regional Office.
All contaminated soils from Tank Pit# 1 and Tank Pit# 2 were excavated and treated at the site
and there are no remaining soils impacted by this release. Pursuant to approval by the Mooresville
Regional Office, these soils were land applied over a 12 acre area of the farm. After eight weeks of
land application, four composite soil samples were collected and revealed less than 5 parts per million
ofBTEX and Total Petroleum Hydrocarbons (TPH). This concentration is below the level found in
the "Groundwater Section Guidelines for the Investigation and Remediation of Soil and Groundwater
(March 17, 1997) ". Permits to remediate soils via application to the land surface are no longer needed
and have either expired or have been rescinded.
The comprehensive site assessment revealed a groundwater plume from a small area of free
product contamination at Tank Pit # 1 where the four gasoline underground storage tanks had been
removed. The area of free product was in the shape of an ellipse and was approximately 22,500
square feet (0.52 acres) in diameter with it's longitudinal axis in a southwesterly direction. Site
assessment information on file in the Mooresville Regional Office shows that the vertical extent of
this plume to be approximately 46.5 feet below the ground surface. It is not believed that this plume
contaminated the bedrock aquifer beneath this site. Groundwater cleanup was initiated at this site in
an area known as Tank Pit# 1 on October 28, 1991. The cleanup system used by Consolidated
Freightways Incorporated consisted of a combination of pump-and-treat with air-stripping via carbon
filter to remove contaminants from groundwater. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows water and other
fluids, discharged through an air stripping device, to be sent back into the subsurface where they
recirculated into the cleanup system for continual treatment. An infiltration gallery may also serve
to enhance intrinsic biodegradation of contaminants by introducing dissolved oxygen in the subsurface
which may stimulate biologic decomposition of some dissolved petroleum hydrocarbons. A recovery
trench was excavated in the area of the former Tank Pit# 1 as a collection point for migrating liquids
beneath the surface of the ground. On December 2, 1993 the Division of Water Quality recommended
the pump-and-treat system be turned off and monitoring be conducted and cleanup operations ceased
on December 17, 1993. In order to maintain operational status of the pump-and-treat cleanup system
the company reactivated the cleanup system for a brief period of time from June 1, 1994 through
September 1, 1994. Groundwater cleanup was not necessary at Tanlc Pit# 2 since monitoring well
sampling data has revealed no groundwater contamination at this area of the property.
The Division of Water Quality required Consolidated Freightways Incorporated to perform
groundwater monitoring to determine the vertical and lateral extent of contamination. Since April 23,
1990 monitoring has been conducted at six on-site wells located at State Road 2173. Benzene was
found in one of the six on site monitoring wells on July 29, 1990. The highest concentration of
Benzene found in a monitoring well, prior to implementation of groundwater cleanup, was 0.341
milligrams per liter found in Monitoring Well# 7 during the July 29, 1990 sampling event. The
2
Groundwater Quality Standard for Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in Monitoring Well # 7
significantly above the Groundwater Quality Standards in Title I SA NCAC 2L .0202. Monitoring
Well# 7 is located within the area of the proposed variance approximately 30 feet west of Tank Pit
# 1. Groundwater monitoring has been conducted on four different occasions over the last seven years.
Since July 29, 1990 no substances have appeared in Monitoring Well# 7. From April 23, 1990
through April 22, 1996 no substances have been detected in the remaining monitoring wells ..
The Division also required Consolidated Freightways Incorporated to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances in recovery wells beginning
February 26, 1992. Recovery wells at Consolidated Freightways site on State Road 2173 site are used
as sumps to collect groundwater, free product, and dissolved hydrocarbons from the site for treatment.
This monitoring effort was necessary to understand the effect pump-and-treat cleanup had on
concentrations of substances at the site. Samples were obtained from the four recovery wells located
near Tank Pit# 1. The highest concentration of Benzene found in a recovery well, since groundwater
cleanup was implemented in October 1991, was 15.0 milligrams per liter found in Recovery Well#
BMW-1/RW-4 during the February 26, 1992 sampling event. The Groundwater Quality Standard for
Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter. Concentrations of Ethylbenzene,
Toluene, and Xylene were also found in Recovery Well# BMW-1/RW-4 significantly above the
Groundwater Quality Standards in Title 15A NCAC 2L .0202. This recovery well is located in an
west-southwest direction from the infiltration gallery and pump-and-treat cleanup system. It must be
noted that Recovery Well# BMW-1/RW-4 was a monitoring well at the time the February 26, 1992
sample was obtained. Shortly after the February 1992 semi-annual monitoring event, this well was
converted to a recovery well. Since that time no substances have appeared in Recovery Well#
BMW-1/RW-4.
Except for Recovery Well R T-1, concentrations of substances in recovery wells have been
reduced such that no substances were detected during the April 22, 1996 monitoring event. Benzene
was initially found in recovery well RT-1 at a concentration of 1.730 milligrams per liter on February
7, 1992. The Groundwater Quality Standard for Benzene is 0.001 milligram per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in this recovery well
significantly above the Groundwater Quality Standards in Title 15A NCAC 2L .0202. Since
February 1992 the company has monitored the groundwater quality at this well on six different
occasions. Reductions in concentration levels in recovery well R T-1 have been followed by upward
"rebounding" of concentrations, above the Groundwater Quality Standards in 15A NCAC 2L .0202.
The April 22, 1996 monitoring event revealed that concentrations of substances at recovery well R T-1
still remained above the standards. Benzene found in this recovery well R T-1 was at a concentration
of0.860 milligrams per liter on February 7, 1992. Ethylbenzene was also found in this recovery well
at a concentration above the Groundwater Quality Standards in 15A NCAC 2L .0202. As indicated
by monitoring at Recovery Well# RT-I, insignificant reductions in Benzene and other substances
have occurred near the recovery trench as a result of using pump-and-treat with carbon air stripping
technologies. No significant increase in concentrations of substances was observed as a result of the
cessation of pump-and-treat cleanup operation.
Consolidated Freightways Incorporated has submitted supporting information showing that the
variance will not endanger public health, safety, or the environment. There are no water wells or
surface water supplies that are located in the downgraident direction from the site and known to be
in use as sources of drinking within a ½ mile radius of Consolidated Freightways Incorporated
property known as Parcel Number 111 0B0000A043. The requirements for variance applications in
3
Pursuant to the transfer of property to Consolidated Freightw-""a),,,,,,'"s Incorporated, tl::-"-=1
removed four 1, 000 gallon underground storage tanks for gasoline Ett an area kno-vvn as -.
1" and one 550 gallon tank that was once used to store diesel fuel fro~ part of the propert:::::::,
as "Tank Pit# 2" in November 1989. During tank removal it was dis~o"'"""'Vered that u.n..kno--w-::::a:i
of diesel fuel and gasoline had been released over the time this proper-ty-had been op era "te -=::I
All potential sources of groundwater contamination were identified a.1: this property by -i:b <:=
The site assessment was submitted on November 26, 1990. The correc:ti_ ve action pl an :for t=:J-
submitted on January 23, 1991. Additional reports concerning the progr-ess o:f cleanup at t~i
submitted between November 1991 and June 1994. These plans and ::reports were apprc==:,·
Division and are on file at the Mooresville Regional Office .
All contaminated soils from Tank Pit# 1 and Tank Pit# 2 were e=x~ava.ted and treatec:=i
and there are no remaining soils impacted by this release. Pursuant 1:~ approval by the .l.'o.--1
Regional Office, these soils were land applied over a 12 acre area of tbe fann. After eigI:::--:3.·
land application, four composite soil samples were collected and reve~l~d less than 5 parts J
ofBTEX and Total Petroleum Hydrocarbons (TPH). This concentra--.:ic:>Ii is below· the le,.-<::
the "Groundwater Section Guidelines for the Investigation and Remec:.ilic;;;;;z.tion of Soil and G ~<..
(March 17, 1997) ". Permits to remediate soils via application to the la.Jici surface are no loca..~
and have either expired or have been rescinded.
The comprehensive site assessment revealed a groundwater pl ~t::"lle from a small a._::r,
product contamination at Tank Pit# 1 where the four gasoline unde:r::-g.-oun.d storage t~ .:s
removed. The area of free product was in the shape of an ellipse c:3n_ <l vvas approxirnat .ice.
square feet (0.52 acres) in diameter with it's longitudinal axis in a sc:mthv;esterly direc--:t::i
assessment information on file in the Mooresville Regional Office sbc.ws that the verticE=Ll
this plume to be approximately 46.5 feet below the ground surface. It is. not believed that -.:1
contaminated the bedrock aquifer beneath this site. Groundwater clear-1tip \;Vas initiated at 1:]
an area known as Tank Pit# 1 on October 28, 1991. The cleanup s:::ystem used by Ca-.:1:l
Freightways Incorporated consisted of a combination of pump-and-tre~t wi "th air-stripping "'
filter to remove contaminants from groundwater. The treated dischc3.rge ,vas sent to an --......:tJ
infiltration gallery. An infiltration gallery is a closed-loop conveyar=-c~ that allows '-Vat e :a::::-,
fluids, discharged through an air stripping device, to be sent back i::.-it <> the subsurface '\....-"V]
recirculated into the cleanup system for continual treatment. An infi .lti:::::-ati on gallery may a
to enhance intrinsic biodegradation of contaminants by introducing disE;oI ved oxygen ir1 the .;'.'Sl
which may stimulate biologic decomposition of some dissolved petrole=ll...3Il hydrocarbons. ~
trench was excavated in the area of the former Tank Pit# 1 as a collect::ic.n point for rnigratii:_n
beneath the surface of the ground. On December 2, 1993 the Division CJf Water Quality recc:::> n
the pump-and-treat system be turned off and monitoring be conducted ~d cleanup operatic:::,.11
on December 17, 1993. In order to maintain operational status of the pua:np-and-treat ciea_n_ -UJ
the company reactivated the cleanup system for a brief period of tir:a.1~ from June 1 , 1. 95:> 4
September 1, 1994. Groundwater cleanup was not necessary at Tank P it U 2 since mon:i.tc::::>r
sampling data has revealed no groundwater contamination at this ar .ea. of the property_
The Division of Water Quality required Consolidated Freight~ays Incorporated t-c>
groundwater monitoring to determine the vertical and lateral extent of c:;~nta.inination_ Since= }
1990 monitoring has been conducted at six on-site wells located at S-.:at e Road 2173. E e~2
found in one of the six on site monitoring wells on July 29, 1990. 1he highest co:nce~ 1:r
Benzene found in a monitoring well, prior to implementation of gro-.ur::idvvater clean-up, ~.
milligrams per liter found in Monitoring Well # 7 during the July 2 9 ,... 1990 sampling e '"'ll!l!liii.,T e
Author: "Preston Howard" <[e-mail] .nc.us> at Internet
,Date: 8/4/97 1: 59 PM
Priority: Normal
CC: Carl Bailey at NRGWS0lP
TO: David Hance at NRGWS0lP
Subject: re2: CONSOLIDATED FREIGHTWAYS VARIANCE REQUEST
Message Contents------------------------------------
THANKS FOR THE EXPLANATION.
Date:
From:
Thu, 24 Jul 1997 15:37:38 -0400
[e-mail] (David Hance)
Subject: re2: CONSOLIDATED FREIGHTWAYS VARIANCE REQUEST
[e-mail] (Preston Howard)
[e-mail] (Carl Bailey),
[e-mail] (Arthur Mouberry),
David [e-mail] (David Hance)
To:
Cc:
****** this has been re-sent ... mistake made in two of the
dates****
DEAR PRESTON,
You will recall that back on June 27, 1997 you gave approval for
the staff to proceed with a public notice of a hearing on a
,proposed
variance for a site owned by Consolidated Freightways Incorporated
in
Statesville, NC (GW Incident Number 5484). You also wanted to
know
why it took approximately a year for this variance to proceed. On
June
19, 1996 it was requested that the Mooresville Regional Office
review
this request and that a recommendation be provided by June 22,
1996.
Groundwater Section staff also requested the Division of
Epidemiology
and
examine the risk assessment portion of the variance request. A
response from the Mooresville Regional Office and the Division of
Epidemiology was requested to be completed by July 22, 1996. In
addition, an update on the status of the soil remediation permit
non-discharge permits was requested on that same date.
On July 19, 1996 the Division of Epidemology expressed a number
of
concerns about this variance. Among these concerns was the
potential
out
of
re-activation of wells on adjacent properties that are currently
of use. On July 22, 1996 a letter was sent to the Mooresville
Regional Office which elaborated on this and other issues raised by
the Division of Epidemiology. Upon conferring with Dr. Ken Rudo
the Division of Epidemology, the Mooresville Regional Office sent
it's
final recommendation for this variance request on August 12, 1996.
The
region recommended approval on the condition that monitoring would
be •
performed at this site. In making the recommendation the
Mooresville
Regional Office addressed Dr. Rudo's questions. Two of the wells
noted by the Division of Epidemology were properly abandoned. One
well
cannot be found due to the fact that renovation went on at that
location and it has been covered by fill dirt. This information
was
provided to the Division of Epidemology on October 1, 1996. On
October
9, 1996 Dr. Rudo sent a letter concurring with the recommendation
of
the
the Mooresville Regional Office. As we normally do, Groundwater
Section staff would write up a summary of the variance to assist
Director in his review of the materia_ls sent by Consolidated
Freightways and the recommendation of staff. During the review of
information for this write-up Groundwater Section staff discovered
that Consolidated Freightways had not specified the exact
dimensions
area
of the area for which the variance was requested. The total land
of the property owned by the company was approximately 99 acres and
that clarification of this was needed before the variance went to
public hearing, and subsequently to the Environmental Management
Commission. A letter was sent to the environmental consultant for
Consolidated Freightways requesting this additional information on
April 29, 1997. This information was provided by the company on
April 30, 1997.
It must be noted that from November 1996 on through the present
the
highest priority of the Division for the Groundwater Section is
risk
based rulemaking to implement Risk Based Corrective Action for
Petroleum Underground Storage Tanks (EHNR Rulemaking Number
e-2100). A
of
proposed draft of these rules went to public hearing in March 1997.
Since the implementation of permanent risk based rules are delayed
until the EMC can act upon them in September 1997, other activities
the Groundwater Section can now go forward. The staff member that
deals with variances is assists the staff in dealing with the APA
rulemaking process, the EMC and associated activities.
In additional, this staff person was involved with staff
meetings,
public meetings and other activities for the Department's Risk
Based
Working Group. You will recall that this working group was put
together in 1995 as a result of the EPAC recommendations to develop
the NC Risk Analysis Framework. In June 1997 the Groundwater
Section
no
Chief reduced the number of Groundwater Section staff on the Risk
Based Working Group f rom 6 to 3. It was felt that the Section was
being over-represented. The staff person involved with variances is
longer on this working group.
in
free
NOTE ON THE STATUS OF PRESENT ACTIVITIES FOR THE CONSOLIDATED
FREIGHTWAYS VARIANCE: r
All notices have gone out to the adjacent property owners, well
owners, the newspaper, interested persons, and local officials as
required in 15A NCAC 2L .0113 for the public hearing on 8/26/1997
Statesville, NC.
If we need to discuss this further or you have questions feel
to call me at 715-6189.
dh
Author: David Hance at NRGWS0lP
7/30/97 1:39 PM Date:
Priority: Normal
TO: [e-mail] at Internet
CC: David Hance
Subject: re: correction to information in CF Inc variance
------------------------------------Message Contents------------------------------------
PAUL,
I JUST GOT A CALL FROM THE CITY MANAGER'S OFFICE IN STATESVILLE . S &
ME INCORPORATED IDENTIFIED THE UTILITY FOR STATESVILLE AS THE" CITY
OF STATESVILLE LIGHT AND WATER DEPARTMENT". THIS IS INCORRECT ... THE
UTILITY FOR THE CITY OF STATESVILLE IS II CITY OF STATESVILLE WATER AND
WASTEWATER DEPARTMENT". PLEASE MAKE A NOTE OF THIS FOR THE REGIONAL
OFFICE'S PRESENTATION OF THE VARIANCE THAT WILL BE PREPARED FOR THE
PUBLIC HEARING ON AUGUST 26TH.
DH
Search Results
'
http://www.state.nc.us/cgi-bin/whereswaldo
N C Statewide E lectronic Mail D irectory
Search results for: [dahlen, paul]
Dahlen Paul [e-mail]
1 record(s) returned.
1 of 1 07/30/97 13:30:40
Author: David Hance at NRGWS0lP
Date: 7/24/97 2:16 PM
Priority: Normal
TO: Preston Howard at Internet
CC: Arthur Mouberry
CC: Carl Bailey
CC: David Hance
Subject: re: CONSOLIDATED FREIGHTWAYS VARIANCE REQUEST
------------------------------------Message Contents------------------------------------
DEAR PRESTON,
You will recall that back on June 27, 1997 you gave approval for
the staff to proceed with a public notice of a hearing on a proposed
variance for a site owned by Consolidated Freightways Incorporated in
Statesville, NC (GW Incident Number 5484). You also wanted to know
why it took approximately a year for this variance to proceed. On June
19, 1996 it was requested that the Mooresville Regional Office review
this request and that a recommendation be provided by June 22, 1996.
Groundwater Section staff also requested the Division of Epidemiology
examine the risk assessment portion of the variance request. A
response from the Mooresville Regional Office and the Division of
Epidemiology was requested to be completed by July 22, 1996. In
addition, an update on the status of the soil remediation permit and
non-discharge permits was requested on that same date.
On July 19, 1997 the Division of Epidemology expressed a number of
concerns about this variance. Among these concerns was the potential
re-activation of well on adjacent properties that currently out of
use. On July 22, 1997 a letter was sent to the Mooresville Regional
Office which elaborated on this and other issues raised by the
Division of Epidemiology. Upon conferring with Dr. Ken Rudo of the
Division of Epidemology, the Mooresville Regional Office sent it's
final recommendation for this variance request on August 12, 1996. The
region recommended approval on the condition that monitoring would be
performed at this site. In making the recommendation the Mooresville
Regional Office addressed Dr. Rudo's questions. Two of the wells
noted by the Division of Epidemology were properly abandoned. One well
cannot be found due to the fact that renovation went on at that
location and it has been covered by fill dirt. This information was
provided to the Division of Epidemology on October 1, 1996. On October
9, 1996 Dr . Rudo sent a letter concurring with the recommendation of
the Mooresville Regional Office. As we normally do, Groundwater
Section staff would write up a summary of the variance to assist the
Director in his review of the materials sent by Consolidated
Freightways and the recommendation of staff. During the review of
information for this write-up Groundwater Section staff discovered
that Consolidated Freightways had not specified the exact dimensions
of the area for which the variance was requested. The total land area
of the property owned by the company was approximately 99 acres and
that clarification of this was needed before the variance went to
public hearing, and subsequently to the Environmental Management
Commission. A letter was sent to the environmental consultant for
Consolidated Freightways requesting this additional information on
April 29, 1997. This information was provided by the company on
April 30, 1997.
It must be noted that from November 1996 on through the present the
highest priority of the Division for the Groundwater Section is risk
based rulemaking to implement Risk Based Corrective Action for
Petroleum Underground Storage Tanks (EHNR Rulemaking Number e-2100). A
2roposed draft of these rules went to public hearing in March 1997.
Since the implementation of permanent risk based rules are delayed
until the EMC can act upon them in September 1997, other activities of
the Groundwater Section can now go forward. The staff member that
deals with variances is assists the staff in dealing with the APA
rulemaking process, the EMC and associated activities.
In additional, this staff person was involved with staff meetings,
public meetings and other activities for the Department's Risk Based
Working Group. You will recall that this working group was put
together in 1995 as a result of the EPAC recommendations to develop
the NC Risk Analysis Framework. In June 1997 the Groundwater Section
Chief reduced the number of Groundwater Section staff on the Risk
Based Working Group from 6 to 3. It was felt that the Section was
being over-represented. The staff person involved with variances is no
longer on this working group.
NOTE ON THE STATUS OF PRESENT ACTIVITIES FOR THE CONSOLIDATED
FREIGHTWAYS VARIANCE:
All notices have gone out to the adjacent property owners, well
owners, the newspaper, interested persons, and local officials as
required in 15A NCAC 2L .0113 for the public hearing on 8/26/1997 in
Statesville, NC.
If we need to discuss this further or you have questions feel free
to call me at 715-6189.
dh
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr.; P.E., Director
The Honorable John Marshall
Mayor
City of Statesville
P.O. Box 1111
Statesville, NC 28687
Dear Mayor Marshall:
NA
DEHNR
July 23, 1997
The Department of Environment, Health and Natural Resources has
received a request for a variance from the Groundwater Quality Standards of
15A NCAC 2L .0202 and Corrective Action requirements of 15A NCAC 2L
.01060) (Groundwater Classifications and Standards). 15A NCAC 2L
.0113(e)(1)(D) requires adequate notice be given to governmental units having
jurisdiction over the geographical area covered by the variance prior to hearing.
You will find enclosed a Public Notice regarding the variance hearing. Please
refer to the enclosure for additional information.
Enclosure
Groundwater Section,
P.O. Box 29578, Raleigh, North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
NOC
ffffi('@j(M
Sincerely,
/)11~~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/Affirmative Action Employer
50"/o recycles/lO"k post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
NA
DEHNR
July 23, 1997
Mr. Ray Rabe
Iredell County Health Department
Office of the Health Director
318 Turnersburg Highway
Statesville, NC 28677
Dear Mr. Rabe:
The Department of Environment, Health and Natural Resources has
received a request for a variance from the Groundwater Quality Standards of
15A NCAC 2L .0202 and Corrective Action requirements of 15A NCAC 2L
.01060) (Groundwater Classifications and Standards). 15A NCAC 2L
.0113(e)(1)(8) requires adequate notice be given to the local health agency units
having jurisdiction over the geographical area covered by the variance prior to
hearing.
You will find enclosed a Public Notice regarding the variance hearing. Please
refer to the enclosure for additional information.
Enclosure
Groundwater Section,
P.O. Box 29578, Raleigh, North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
N{;C
·rm@·teee
Sincerely,
/JJ'l~~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Action Employer
50"/o recycles/lO"k post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Joel Mashburn
Office of the County Manager
Iredell County
P.O. Box 788
Statesville, NC 28687
Dear Mr. Mashburn:
NA
DEHNR
July 23, 1997
The Department of Environment, Health and Natural Resources has
received a request for a variance from the Groundwater Quality Standards of
15A NCAC 2L .0202 and Corrective Action requirements of 15A NCAC 2L
.01060) (Groundwater Classifications and Standards). 15A NCAC 2L
.0113(e)(1)(D) requires adequate notice be given to governmental units having
jurisdiction over the geographical area covered by the variance prior to hearing .
You will find enclosed a Public Notice regarding the variance hearing. Please
refer to the enclosure for additional information.
Enclosure
Groundwater Section,
P.O. Box 29578, Raleigh. North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
NOC ·eea·eee
Sincerely,
$?~~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Voice 919-733-3221 FAX [phone]
An Equal Opportuni1y/Affirmative Action Employer
50% recycles/JO% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 23, 1997
REGARDING:
TO WHOM IT MAY CONCERN:
AVA
DEHNR
Your Property Adjacent to or Water
Well near Consolidated Freightways
Property at the Former N.C. James
Farm on State Road 2173
(Groundwater Incident# 5484)
The Department of Environment, Health and Natural Resources has received a
request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202
and Corrective Action requirements of 15A NCAC 2L .01060). 15A NCAC 2L
,0l 13(e)(l)(E) requires adequate notice be given to area properties and adjacent property
owners prior to hearing.
You will find enclosed a Public Notice regarding the variance hearing. Please refer to
the enclosure for additional information. If you have any questions concerning this
variance request, please contact David Hance at [phone] .
Enclosure
Groundwater Section,
P.O. Box 29578, Raleigh, North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
N!;C
tfMd3'WJffll
Sincerely,
'
$1~~
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Action Employer
50% recycles/1 O"k post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
AVA
DEHNR
July 18, 1997
Allison Bumgarner
Legal Advertising
Statesville Record and Landmark
P.O. Box 1071
Statesville, NC 28687
Dear Ms. Bumgarner:
The Department of Environment, Health, and Natural Resources will be holding a Public Hearing
on behalf of the Division of Water Quality to receive public comment on a proposed variance to
groundwater rules for Consolidated Freightways Incorporated for property located at State Road 2173
(James Farm Road) in Iredell County, North Carolina. You will find enclosed a Public Notice
regarding the meeting. It is requested that you publish the Public Notice in the Sunday, July 27, 1997
issue.
Publication charges will be paid by this office upon receipt of your invoice, affidavit, and proof of
publication. Please send the invoice in triplicate and the affidavit in duplicate to the following
individual:
Enclosure
cc: David Hance
Ernie Seneca
Groundwater Section,
Ms. Francis Cotten, DWQ-Budget Office
512 N. Salisbury Street
P.O. Box 29535
Raleigh, NC 27606-0535
[phone] (ext# 231)
Sincerely, ,
~~~
M. Carl Bailey, Jr.,
Assistant Chief for Planning,
Groundwater Section
Voice 919-733-3221 FAX [phone]
P.O. Box 29578, Raleigh, North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
N{JC
!f&tiNl&N
An Equal Opportunity/ Affirmative Action Employer
50"/o recycles/10"/o post-consumer paper
NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
Notice is hereby given of a variance application and public hearing to be held by the Department of
Environment, Health and Natural Resources on behalf of the Environmental Management Commission. The
hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 21 .0202
and the Corrective Action requirements of 15A NCAC 21 .0106 G) for a site at State Road 2173 (James Farm
Road) in Statesville, North Carolina. The Division of Water Quality refers to this site identified in the variance
request as Groundwater Incident# 5484. This property, previously owned by Mr. N.C. James of Statesville,
North Carolina, is now owned by Consolidated Freightways Incorporated. The Consolidated Freightways
Incorporated is entirely responsible for cleanup for Groundwater Incident# 5484. This variance application
from Consolidated Freightways was received for review by the Department on May 16, 1996.
The property where the release of petroleum product has occurred is located as follows:
In Iredell County near the Interstate 40 and Interstate 77 interchange. Take US 40 west to Statesville, North
Carolina and continue on past Interstate 77 approximately one and one-half miles. Take the US 21 Exit north
for one-half mile and turn right ( east) onto James Farm Road (State Road 2173). Turn onto the dirt road
when State Road 2173 abruptly angles north. The site is at the abandoned farm that was previously operated
by Mr. N.C. James on this dirt road. This property is listed in the Iredell County Tax Records as Parcel
Number 1110B0000A043.
Consolidated Freightways Incorporated requests that the Environmental Management Commission
grant the following variance to its rules under the authority of 15A NCAC 21 .0113 so that it does the
following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), and Ethylene
Dibromide to remain at levels above 15A NCAC 21 .0202 standards as analyzed on April 22,"1996.
These concentrations will be required to remain within the property boundaries of Parcel Number
111 0B000A043.
The property at James Farm Road, for which the Consolidated Freightways Incorporated has
cleanup responsibilities under Groundwater Incident Number 5484, consists of approximately 94.492
acres ofland. The total land area covered in this variance request consists of 2.75 acres of this land
(120,000 square feet) and is roughly in the shape of a rectangly. From 194_7 through 1990 Mr. N.C.
James operated a dairy on this property. 'During this period Mr. James stored petroleum products on
this land for use in farm machinery and vehicles. Four 1,000 gallon underground storage tanks
containing gasoline and one 550 gallon underground storage tank containing diesel fuel were kept on
this site. In 1990, Mr. James ·sold this property to Consolidated Freightways Incorporated. In
purchasing the property Consolidated Freightways Incorporated accepted the responsibility to cleanup
this site. This property is located in an area with a mixture of commercial, industrial, and residential
development.
1
Pursuant to the transfer of property to Consolidated Freightways Incorporated, the company
removed four 1, 000 gallon underground storage tanks for gasoline at an area known as "Tank Pit#
l" and one 550 gallon tank that was once used to store diesel fuel from part of the property identified
as "Tank Pit# 2" in November 1989. During tank removal it was discovered that unknown quantities
of diesel fuel and gasoline had been released over the time this property had been operated as a farm.
All potential sources of groundwater contamination were identified at this property by the company.
The site assessment was submitted on November 26, 1990. The corrective action plan for this site was
submitted on January 23, 1991. Additional reports concerning the progress of cleanup at this site were
submitted between November 1991 and June 1994. These plans and reports were approved by the
Division and are on file at the Mooresville Regional Office.
All contaminated soils from Tank Pit # 1 and Tank Pit # 2 were excavated and treated at the site
and there are no remaining soils impacted by this release. Pursuant to approval by the Mooresville
Regional Office, these soils were land applied over a 12 acre area of the farm. After eight weeks of
land application, four composite soil samples were collected and revealed less than 5 parts per million
ofBTEX and Total Petroleum Hydrocarbons (TPH). This concentration is below the level found in
the "Groundwater Section Guidelines for the Investigation and Remediation of Soil and Groundwater
(March 17, 199 7) ". Permits to remediate soils via application to the land surface are no longer needed
and have either expired or have been rescinded.
The comprehensive site assessment revealed a groundwater plume from a small area of free
product contamination at Tank Pit # 1 where the four gasoline underground storage tanks had been
removed. The area of free product was in the shape of an ellipse and was approximately 22,500
square feet (0.52 acres) in diameter with it's longitudinal axis in a southwesterly direction. Site
assessment information on file in the Mooresville Regional Office shows that the vertical extent of
this plume to be approximately 46.5 feet below the ground surface. It is not believed that this plume
contaminated the bedrock aquifer beneath this site. Groundwater cleanup was initiated at this site in
an area known as Tank Pit# 1 on October 28, 1991. The cleanup system used by Consolidated
Freightways Incorporated consisted of a combination of pump-and-treat with air-stripping via carbon
filter to remove contaminants from groundwater. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows water and other
fluids, discharged through an air stripping device, to be sent back into the subsurface where they
recirculated into the cleanup system for continual treatment. An infiltration gallery may also serve
to enhance intrinsic biodegradation of contaminants by introducing dissolved oxygen in the subsurface
which may stimulate biologic decomposition of some dissolved petroleum hydrocarbons. A recovery
trench was excavated in the area of the former Tank Pit# 1 as a collection point for migrating liquids
beneath the surface of the ground. On December 2, 1993 the Division of Water Quality recommended
the pump-and-treat system be turned off and monitoring be conducted and cleanup operations ceased
on December 17, 1993. In order to maintain operational status of the pump-and-treatcleanup system
the company reactivated the cleanup system for a brief period of time from June 1, 1994 through
September 1, 1994. Groundwater cleanup was not necessary at Tank Pit# 2 since monitoring well
sampling data has revealed no groundwater contamination at this area of the property.
The Division of Water Quality required Consolidated Freightways Incorporated to perform
groundwater monitoring to determine the vertical and lateral extent of contamination. Since April 23,
1990 monitoring has been conducted at six on-site wells located at State Road 21 73. Benzene was
found in one of the six on site monitoring wells on July 29, 1990. The highest concentration of
Benzene found in a monitoring well, prior to implementation of groundwater cleanup, was 0.341
milligrams per liter found in Monitoring Well# 7 during the July 29, 1990 sampling event. The
2
Groundwater Quality Standard for Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in Monitoring Well # 7
significantly above the Groundwater Quality Standards in Title 15A NCAC 2L .0202. Monitoring
Well# 7 is located within the area of the proposed variance approximately 30 feet west of Tank Pit
# 1. Groundwater monitoring has been conducted on four different occasions over the last seven years.
Since July 29, 1990 no substances have appeared in Monitoring Well# 7. From April 23, 1990
through April 22, 1996 no substances have been detected in the remaining monitoring wells.
The Division also required Consolidated Freightways Incorporated to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances in recovery wells beginning
February 26, 1992. Recovery wells at Consolidated Freightways site on State Road 2173 site are used
as sumps to collect groundwater, free product, and dissolved hydrocarbons from the site for treatment.
This monitoring effort was necessary to understand the effect pump-and-treat cleanup had on
concentrations of substances at the site. Samples were obtained from the four recovery wells located
near Tank Pit# 1. The highest concentration of Benzene found in a recovery well, since groundwater
cleanup was implemented in October 1991, was 15.0 milligrams per liter found in Recovery Well#
BMW-1/RW-4 during the February 26, 1992 sampling event. The Groundwater Quality Standard for
Benzene in 15A NCAC 2L .0202 is 0.001 milligrams per liter. Concentrations of Ethylbenzene,
Toluene, and Xylene were also found in Recovery Well# BMW-1/RW-4 significantly above the
Groundwater Quality Standards in Title 15A NCAC 2L .0202. This recovery well is located in an
west-southwest direction from the infiltration gallery and pump-and-:-treat cleanup system. It must be
noted that Recovery Well# BMW-1/RW-4 was a monitoring well at the time the February 26, 1992
sample was obtained. Shortly after the February 1992 semi-annual monitoring event, this well was
converted to a recovery well. Since that time no substances have appeared in Recovery Well#
BMW-1/RW-4.
Except for Recovery Well R T-1, concentrations of substances in recovery wells have been
reduced such that no substances were detected during the April 22, 1996 monitoring event. Benzene
was initially found in recovery well RT-I at a concentration of 1.730 milligrams per liter on February
7, 1992. The Groundwater Quality Standard for Benzene is 0.001 milligram per liter.
Concentrations of Ethylbenzene, Toluene, and Xylene were also found in this recovery well
significantly above the Groundwater Quality Standards in Title 15A NCAC 2L .0202. Since
February 1992 the company has monitored the groundwater quality at this well on six different
occasions. Reductions in concentration levels in recovery well RT-1 have been followed by upward
"rebounding" of concentrations, above the Groundwater Quality Standards in 15A NCAC 2L .0202.
The April 22, 1996 monitoring event revealed that concentrations of substances at recovery well RT-1
still remained above the standards. Benzene found in this recovery well RT-1 was at a concentration
of 0.860 milligrams per liter on February 7, 1992. Ethylbenzene was also found in this recovery well
at a concentration above the Groundwater Quality Standards in 15A NCAC 2L .0202. As indicated
by monitoring at Recovery Well # R T-1, insignificant reductions in Benzene and other substances
have occurred near the recovery trench as a result of using pump-and-treat with carbon air stripping
technologies. No significant increase in concentrations of substances was observed as a result of the
cessation of pump-and-treat cleanup operation.
Consolidated Freightways Incorporated has submitted supporting information showing that the
variance will not endanger public health, safety, or the environment. There are no water wells or
surface water supplies that are located in the downgraident direction from the site and known to be
in use as sou~ces of drinking within a ½ mile radius of Consolidated Freightways Incorporated
property known as Parcel Number 1 l 10B0000A043. The requirements for variance applications in
3
15A NCAC 21 .0113(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. There are six water supply
wells located cross-gradient from the area for which the variance has been requested. These residential
wells are located to the north and northwest of the site on James Farm Road. The information
submitted by the company shows that the Mark White Residence at 187 James Farm Road, also
identified in the variance request as "Private Water Well # 4", has a water well but obtains water
supply from the county. The remaining five wells are used as the sole water supply for seven
residences. Two of these residences share the same well. Three wells are located on Consolidated
Freightways Incorporated property and have been abandoned and were closed by the introduction of
grout in these wells on October 23, 1991. The company does not believe these on-site wells will serve
as a channel for substances to migrate off-site. There are no large capacity drinking water supply
wells or drinking water supply intakes at surface water bodies located within a½ mile radius of the
site. Drinking water in the area is obtained from the City of Statesville Light and Water Department
or the Iredell Water Corporation. The water supplied by the City of Statesville Light and Water
Department comes from a surface water intake located five miles from the site owned by Consolidated
Freightways Incorporated. Water from the Iredell Water Corporation is from two water supply wells
located 8/10 of a mile from the site. These two wells are six inch diameter and are located
approximately 400 feet deep in bedrock. The yield from these wells ranges from 16,000 to 40,000
gallons per day. Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site.
Based on groundwater flow information obtained during the Comprehensive Site Assessment,
it is believed that the contaminant plume is moving to the west-southwest. Consolidated Freightways
Incorporated has calculated the time it will take Benzene and other substances found at the site to
impact three down-gradient on-site ponds that discharge into Fourth Creek, a tributary of the Yadkin
River. The company asserts that substances in the plume of dissolved petroleum hydrocarbons will
enter the three farm ponds at concentration levels exceeding 15A NCAC 21 .0202 standards for
Benzene, Ethylene Dibromide, and Isopropyl Ether between 30 and 62 years. This estimated range
assumes that no dilution or attenuation of the plume occurs.
An Iredeli Water Corporation water supply line passes through the area for which the variance
has been requested. The Iredell Water Corporation has reported to the Groundwater Section staff that
water supply lines are generally located at a depth of three to six feet beneath land surface.
Consolidated Freightways has estimated that the depth to groundwater, where substances have been
reported in excess of the 15A NCAC 21 .0202 Groundwater Quality Standards, is 25 to 35 feet
beneath land surface. It is highly unlikely that substances in groundwater at the site owned by
Consolidated Freightways Incorporated will have an adverse impact on this water supply line.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 21 .0106G). Consolidated Freightways Incorporated has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained in
ISA NCAC 21 .0202. This is due to the high probability that continued remediation activities at the
site will not significantly reduce contaminant levels below Groundwater Quality Standards in I SA
NCAC 21 .0202. Consolidated Freightways Incorporated reports that 4100 cubic yards of diesel and
gasoline contaminated soils were removed, stockpiled, and remediated at this site. A total of2,448,750
gallons of groundwater has been treated using this technology. A total of$ 286,000 has been
4
expended to conduct the site assessment, reimburse claims, conduct monitoring, and cleanup this
site. Information from the Groundwater Section shows that as of June 10, 1997, $ 165,564.69 of this
cost has been reimbursed through the Non-Commercial Leaking Petroleum Underground Storage
Tank Trust Fund.
Consolidated Freightways Incorporated has shown that no significant increases in the
concentration of any substance above groundwater standards was observed in monitoring wells as a
result of the cessation of pump-and-treat cleanup at this site. It must be noted that fluctuations in the
concentrations of Benzene, Toluene, Ethylbenzene, and Xylene in recovery well RT-1 have occurred
and no significant reductions have been observed since March 7, 1994. The company believes that the
continued presence of substances in the recovery trench of the former Tank Pit # 1, demonstrates that
continued implementation of pump and treat will not result in a significant reduction in contaminant
concentrations at this site.
Consolidated Freightways Incorporated does not believe the use of in-situ or enhanced
bioremediation is best available technology for this site. In-situ or enhanced bioremediation relies on
the introduction of nutrients and oxygen to groundwater to assist in supporting the development of
a population of microorganisms capable of breaking down substances into harmless chemicals such
that concentrations of substances are reduced below the 15A NCAC 2L .0202 Groundwater Quality
Standards. The company has submitted information demonstrating that conditions at this site are
such that the life and growth of indigenous populations of microbes that may exist in the subsurface
will be sustained. Consolidated Freightways Incorporated believes that "intrinsic bioremediation"
is already occurring at this site. In-situ or enhanced bioremediation will require the company to
expend additional funds to meet the permitting requirements for injection wells in 15A NCAC 2C
.0200 to introduce nutrients and oxygen into the subsurface. Consolidated Freightways does not
believe it is cost effective to use in-situ bioremediation at a site where natural conditions in the
subsurface are capable of supporting viable microbial populations.
Consolidated Freightways Incorporated has considered the use of air sparging as an alternate
technology to the present pump-and-treat system. The company does not believe that the use of this
technology is practical to meet the requirements of 15A NCAC 2L .0113(c)(5). Consolidated
Freightways Incorporated estimates the yearly costs to operate and maintain an air sparging system
would be approximately $ 18,000 based on a monthly projected monthly cost of$ 1,500. Additional
costs for air sparging system design, well construction, and equipment would need to be calculated
before this cleanup technology could be used at the site. The company estimates that it may take at
least two years for air sparging to reduce remaining contaminant levels below the Groundwater
Quality Standards in 15A NCAC 2L .0202, if these standards can be met at all. Consolidated
Freightways believes that the low residual concentrations of substances in groundwater at the site and
the lack of any human receptors does not warrant the additional expense of implementing air sparging.
The hearing will be held as follows:
ST A TESVILLE
Tuesday, August 26, 1997
7:00 PM
Iredell County Hall of Justice
Second Floor, Courtroom# 1
221 Water Street
5
Oral Comments may be made during the hearing, or written statements may be submitted to the
agency by September 26, 1997. Written copies of oral statements exceeding three minutes are requested.
Oral statements may be limited at the discretion of the hearing officers.
Please forward comments or information requests to:
David Hance
EHNR-DWQ-Groundwater Section
P.O . Box 29578
Raleigh, NC 27626-0578
Phone: [phone]; Fax: [phone]
Internet E-Mail Address: [e-mail]
This proposed variance request is available for public inspection at the locations listed below. Copies
may be obtained at each location fora charge often cents per page.
A. Preston Howard, Jr., P .E.
Director, Division of Water Quality
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
P.O. Box 29578
2728 Capital Blvd.
Raleigh, NC 27626-0578
[phone]
Dept. of Environment, Health and Natural Resources
Div. of Water Quality
Mooresville Regional Office
919 North Main Street
Mooresville, NC 28115
[phone]
6
IT IS THE VIEW OF CONSOLIDATED FREIGHTWAYS THAT AV ARIANCE WILL
ASSIST IN THE SALE OF THIS PROPERTY THAT HAS BEEN ON THE MARKET FOR
THREE YEARS. IF POSSIBLE, WE WOULD LIKE THIS VARIANCE REQUEST
READY BY JUNE 27, 1997. PLEASE NOTE THAT A JUSTIFICATION FOR THIS
VARIAN CE HAS ALSO BEEN INCLUDED IN THE PACKET ALONG WITH OTHER
IMPORTANT MATERIALS. IF WE NEED TO DISCUSS THIS, PLEASE CALL 715-6189.
cc: Arthur Mouberry
Carl Bailey
David Hance •
Cz)
DIVISION OF WATER QUALITY
Groundwater Section
June 20, 1997
MEMORAND UM
TO:
THROUGH:
FROM:
SUBJECT:
A. Preston Howard, Jr. P.E.
Arthur Mouberry, P.E. #,-
Chief, Groundwater Section
Carl Bailey vb
Assistant Chief for Planning, Groundwater Section
Variance Request for Consolidated Freightways (Former N.C. James Farm Site)
in Statesville, North Carolina (Groundwater Incident Number 5484).
The Groundwater Section is in the process of reviewing a request for variance from Title
15A North Carolina General Statutes, Subchapter 2L "Classifications and Wa ter Quali ty
Standards Applicable to the Groundwa ters o.[Nor th Carolina " for the subject site. The
petitioner, Consolidated Freightways Incorporated of Statesville, North Carolina requests a
variance from 15A NCAC 2L .0202 (Groundwater Quality Standards) and ISA NCAC 2L
.0106(j) (Corrective Action Plans).
Attached for your consideration is a memorandum in which staff have provided
comments concerning the information required to be submitted in support of the request in
accordance with ISA NCAC 2L. 0113(c) and which must be considered by the Environmental
Management Commission (EMC) prior to granting a variance. Based on the information
received thus far, this facility seems to be a good candidate for a variance. Your concurrence is
needed so that the Division can proceed with public notice of hearing in accordance with
procedures set out in ISA NCAC 2L .0113(d) and (e) and for subsequent review by the
Environmental Management Commission. If you have any questions concerning this matter
please contact me at 715-6169.
Attachments
cc: Arthur Mouberry
Groundwater Section Assistant Chiefs
David Hance
1
MITCHELL COMMUNITY COLLEGE
Space Request Form
INSTRUCTIONS: Please complete and submit all copies to the Space Coordinator. FORM MUST BE SUBMITTED
AT LEAST TWO (2) WEEKS IN ADVANCE OF EVENT TO BE GUARANTEED THAT WORK WILL BE COM-
PLETED. Please print or type and press firmly .
Date: ___________ _
Month Day Year
Organization (s): ______________________________ _
Event:·-~------------Requested Space: ______________ _
Date of Event: Time of Event: ______ AM/PM _____ AM/PM
Expected Attendance: Length of Time Reserved: AM/PM AM/PM
Representative: Telephone Number: __________ _
Address: Authorized Signature: ___________ _
Security Services Needed:
Physical Plant Services Needed:
Audio Visual Equipment Services Needed:
Additional Services Needed:
Labor
Materials
Security
Maintenance Deposit
Rental Fee
Physical Plant
Security ($)
Other
TOTAL
REF#
_____ Hr.·
____ Hrs.
Space Coordinator Approval _____ _
REFUND DETERMINATION:
Amount: ______ _
Explanation:
Contact Person: _________ _
Space Coordinator: ________ _
REF# ________ _
Date: ________ _
WHITE· SPACE COORDINATOR I YELLOW· SPACE COORDINATOR / PINK· FILE / GOLD· ORGANIZATION
.,
IMPORT ANT NOTE:
TO: DONNA PITTMAN
FROM:~~~
6/18/97
SUBJECT: VARIANCE REQUEST FOR CONSOLIDATED FREIGHTWA YS OF
STATESVILLE, NC (GW INCIDENT# 5484).
HERE IS AV ARIAN CE REQUEST FOR CONSOLIDATED FREIGHTWA YS
INCORPORATED. TIDS VARIANCE IS FOR APPROXIMATELY 2.75 ACRES OF LAND.
TIDS SITE WAS CONTAMINATED BY PETROLEUM PRODUCT FROM AN AREA THAT
ONCE HAD UNDERGROUND STORAGE TANKS WHEN TIDS PROPERTY WAS A
FARM. THE NEW OWNER, CONSOLIDATED FREIGHTWA YS, HAS CLEANED UP
MOST OF THE RELEASE EXCEPT FOR SUBSTANCES THAT REMAIN IN THE TANK
PIT AREA. CONSOLIDATED FREIGHTWA YS DOES NOT BELIEVE THAT ANY
READILY AVAILABLE TECHNOLOGY CAN EFFECTIVELY CLEANUP THIS SITE
WITHIN A REASONABLE PERIOD OF TIME. THE MOORESVILLE REGIONAL OFFICE
AND THE DIVISION OF EPIDEMIOLOGY AGREE THAT TIDS VARIANCE NEEDS TO
GO FORWARD.
PURSUANT TO ISA NCAC 2L .0113(d), THE DIRECTOR HAS THE AUTHORITY
TO DETERMINE IF AV ARIANCE IS COMPLETE AND THAT IT SHOULD GO TO
PUBLIC HEARING . THE GROUNDWATER SECTION BELIEVES THAT TIDS
VARIANCE IS READY FOR THIS REVIEW. IT IS MY UNDERSTANDING THAT
PRESTON HOW ARD WILL BE OUT OF TOWN THIS WEEK AND MOST OF NEXT
WEEK. IT IS ALSO MY UNDERSTANDING FROM ARTHUR THAT HARLAN BRITT
CAN SIGN FOR HIM.
PLEASE PROVIDE THIS VARIANCE TO THE DIRECTOR OR ms DESIGNEE FOR
REVIEW AND SIGNATURE. UPON COMPLETION OF THIS REVIEW AND OBTAINING A
SIGNATURE ON THE JUNE 27, 1997 MEMORANDUM, I WOULD BE GLAD TO PICK THIS
UP FOR DISTRIBUTION TO THE CC LIST THE RESPONSIBLE PARTY HAS PHONED US
ON SEVERAL OCCASIONS NOTING THAT TIDS PROPERTY IS PRESENTLY UNUSED
AND IS FOR SALE.
C4)
...
IT IS THE VIEW OF CONSOLIDATED FREIGHTWA YS THAT AV ARIANCE WILL
ASSIST IN THE SALE OF TIIlS PROPERTY THAT HAS BEEN ON THE MARK.ET FOR
THREE YEARS. IF POSSIBLE, WE WOULD LIKE TIDS VARIANCE REQUEST
READY BY JUNE 27, 1997. PLEASE NOTE THAT A WSTIFICATION FOR THIS
VARIANCE HAS ALSO BEEN INCLUDED IN THE PACKET ALONG WITH OTHER
IMPORTANT MATERIALS. IF WE NEED TO DISCUSS THIS,PLEASE CALL 715-6189.
cc: Arthur Mouberry
Carl Bailey
David Hance
Cz.J
DIVISION OF WATER QUALITY
Groundwater Section
June 20, 1997
MEMORAND UM
TO: A. Preston Howard, Jr. P .E.
THROUGH: Arthur Mouberry, P.E. r#--
Chief, Groundwater Section
FROM: Carl Bailey t.b
Assistant Chief for Planning, Groundwater Section
SUBJECT: Variance Request for Consolidated Freightways (Former N.C. James Farm Site)
in Statesville, North Carolina (Groundwater Incident Number 5484).
The Groundwater Section is in the process of reviewing a request for variance from Title
15A North Carolina General Statutes, Subchapter 2L "Classi fi cations and Water Qu ali ty
Standards Applicable to the Groundwaters of North Caro lina" for the subject site. The
petitioner, Consolidated Freightways Incorporated of Statesville, North Carolina requests a
variance from 15A NCAC 2L .0202 (Groundwater Quality Standards) and 15A NCAC 2L
.0106(j) (Corrective Action Plans).
Attached for your consideration is a memorandum in which staff have provided
comments concerning the information required to be submitted in support of the request in
accordance with ISA NCAC 2L. Ol 13(c) and which must be considered by the Environmental
Management Commission (EMC) prior to granting a variance. Based on the information
received thus far, this facility seems to be a good candidate for a variance. Your concurrence is
needed so that the Division can proceed with public notice of hearing in accordance with
procedures set out in ISA NCAC 2L .0113(d) and (e) and for subsequent review by the
Environmental Management Commission. If you have any questions concerning this matter
please contact me at 715-6169.
Attachments
cc: Arthur Mouberry
Groundwater Section Assistant Chiefs
David Hance
1
.• ..
land disposal of contaminated soils. Soil Remediation Permit SR0300109 was also
issued for this site. Consolidated Freightways Incorporated reports that 4100 cubic
yards of diesel and gasoline contaminated soils were removed and stockpiled at this
site. Pursuant to approval by the Mooresville Regional Office, these soils were land
applied over a 12 acre area of the farm. After eight weeks of land application, four
composite soil samples were collected and revealed less than 5 parts per million of
BTEX and Total Petroleum Hydrocarbons (TPB). All contaminated soils from
Tank Pit # 1 and Tank Pit # 2 were excavated and treated at the site and there are
no remaining soils impacted by this release. The non-discharge permit for soils
expired on February 18, 1994 and the soil remediation permit for land application
was rescinded on May 20, 1996.
The comprehensive site assessment revealed a groundwater plume from a
small area of free product contamination at Tank Pit # 1 where the four gasoline
underground storage tanks had been removed. The area of free product was in the
shape of an ellipse and was approximately 22,500 square feet (0.52 acres) in
diameter with it's longitudinal axis in a southwesterly direction. Site assessment
information on file in the Mooresville Regional Office shows that the vertical extent
of this plume to be approximately 46.5 feet below the ground surface. It is not
believed that this plume contaminated the bedrock aquifer beneath this site. Based
on core samples of wells the company believes the rock beneath surface is
unfractured up to a depth of 49 feet. Groundwater cleanup was conducted at this
site in an area known as Tank Pit # 1 from October 28, 1991 through December 17,
1993. On December 2, 1993 the Division of Water Quality recommended the pump-
and-treat system be turned off and monitoring be conducted to determine if residual
contaminants in the soils and subsurface would recontaminate the groundwater, if
no treatment system were operating. This recommendation was made on the
condition that Consolidated Freightways Incorporated would maintain this cleanup
system in "operational status" for a period of one year. In order meet this
requirement the company re-activated the pump-and-treat cleanup system from
June 1, 1994 through September 1, 1994. By October 1994 the company's budget
for this site had been expended and the cleanup system was turned off again.
Consolidated Freightways Incorporated did not authorize additional cleanup funds
for this site. Monitoring well sampling data has revealed no groundwater
contamination at Tank Pit # 2.
From October 28, 1991 through December 17, 1993 a total of2,448,750
gallons of groundwater has been treated via pump-and-treat technology. The
cleanup system used by Consolidated Freightways Incorporated consisted of a
combination of pump-and-treat with air-stripping via carbon filter to remove
contaminants from the site. The treated discharge was sent to an upgraident
infiltration gallery. An infiltration gallery is a closed-loop conveyance that allows
water and -other fluids, discharged through an air stripping device, to be sent back
into the subsurface where they recirculated into the cleanup system for continual
treatment. An infiltration gallery may also serve to enhance-intrinsic
3
biodegradation of contaminants by introducing dissolved oxygen in the subsurface
which may stimulate biologic decomposition of some dissolved petroleum
hydrocarbons. A recovery trench was excavated in the area of the former Tank Pit
# 1 as a collection point for migrating liquids beneath the surface of the ground.
Non-Discharge Permit WQ0005069 was issued on September 13, 1991 for the
infiltration gallery. On August 12, 1996 the Mooresville Regional Office reported
that this infiltration gallery is not currently in use and will not be used if the
variance is granted.
The Division of Water Quality required Consolidated Freightways
Incorporated to perform groundwater monitoring to determine the vertical and
lateral extent of contamination at the site. From April 23, 1990 through April 22,
1996 the company conducted periodic groundwater sampling at six on-site
monitoring wells. The deepest of these monitoring wells is Monitoring Well # 8
which is 32.83 feet deep below the land surface. Groundwater samples were
analyzed using US Environmental Protection (USEP A) Method 601 for dissolved
substances and USEP A Method 602 for BTEX, MTBE, and Isopropyl Ether. The
highest concentrations of substances that ever appeared in monitoring wells at this
site occurred on July 29, 1990 in Monitoring Well# 7. Concentrations of substances
found during this monitoring event were in exceedence of the 15A NCAC 2L .0202
Groundwater Quality Standards. The concentrations of substances that appeared in
Monitoring Well # 7 during this sampling period are as follows:
CONCENTRATIQN CONCENTRATION GROUNDWATER
SUBSTANCE (in mi,n2 grams (in Milli grams QUALITY
per liter { ug/L}) per liter {mg/L}) STANDARD (mg/L)
Benzene 341 0.341 0.001
Toluene 1020 1.020 1.000
Ethylbenzene 157 0.157 0.029
Xylene 1181 1.181 0.530
No substances appeared above detection limits in Monitoring Well# 7 after
July 29, 1990. Monitoring Well# 7 is located downgraident from the former Tank
Pit # 1 in a westerly direction from the infiltration gallery and pump-and-treat
cleanup system. No substances were found above detection limits in any of the other
monitoring wells between April 23, 1990 through April 22, 1996. Consolidated
Freightways Incorporated has also monitored BTEX levels in the six monitoring
wells. The highest B'(EX concentration that ever appeared in a monitoring well at
this site was 2.715 milligrams per liter (mg/L) or 2,715 micrograms per liter in
Monitoring Well# 7 during the July 29, 1990 sampling event. The state has no
Groundwater Quality Standard for BTEX. Subsequent semi-annual monitoring
4
since that time has revealed that the BTEX concentration has declined below
detectable limits. BTEX'has not been found in any of the other monitoring well
since July 29, 1990.
The Division also required the Consolidated Freightways Incorporated to
evaluate the effectiveness of groundwater cleanup efforts by examining
concentrations of substances in recovery wells used as sumps to collect free product
and dissolved hydrocarbons from the site. This monitoring effort was necessary to
understand the effect pump-and-treat cleanup has had on concentrations of
constituents at the site. Samples were obtained from four recovery wells February
26, 1992 through April 22 ,1996. These wells are located around the area which
formerly consisted of Tank Pit # 1. The highest concentrations of substances that
ever appeared in recovery wells at this site occurred during a semi-annual
monitoring event on February 26, 1992 in Recovery Well BMW-1/RW-4. All
concentrations reported were in exceedence of the 15A NCAC 2L .0202
Groundwater Quality Standards. The concentrations of substances that appeared in
Recovery Well# BMW-1/RW-4 during this sampling period are as follows:
CONCENTRATIQN CQNCENTRATION GROUNDWATER
SUBSTANCE (m mm:Q grams (in Milligrams QUALITY
per liter {ug/L}) per liter {mg/L}) STANDARD (mg/L)
Benzene 15,000 15.0 0.001
Toluene 51,000 51.0 1.000
Ethylbenzene 3,900 3.9 0.029
Xylene 25,000 25.0 0.530
Since this semi-annual monitoring event, concentrations of substances in this
well have decreased to the extent that they no longer exceed the Groundwater
Quality Standards in 15A NCAC 2L .0202. This recovery well is located in an west-
southwest direction from the infiltration gallery and pump-and-treat cleanup
system. It must be noted that Recovery Well# BMW-1/RW-4 was a monitoring
well at the time the February 26, 1992 sample was obtained. Shortly after the
February 1992 semi-annual monitoring event, this well was converted to a recovery
well. In addition, concentrations of substances in samples taken from Recovery
Well# RT-1 between February 7, 1992 and April 22, 1996 have been and are
presently above the 15A NCAC 2L .0202 standards. Recovery Well# RT-1 is
located directly in th!'. recovery trench which was the former "Tank Pit # 1 " where
the four underground storage tanks had been located at this site. Neither of the
remaining recovery wells have had exeedences of the Groundwater Quality
Standards in 15A NCAC 2L .0202.
5
Consolidated Freightways Incorporated has also monitored BTEX levels in
the four recovery wells at this site to evaluate the effectiveness of the cleanup system.
As shown on the map in Figure 4 of Appendix II, the highest BTEX concentration
that ever appeared in a recovery well at this site was 94.947 milligrams per liter
(mg/L) or 94,947 micrograms per liter (ug/L) in Recovery Well# BMW-I during the
February 26, 1992 sampling event. The state has no Groundwater Quality Standard
for BTEX. Analysis of a groundwater sample taken on October 27, 1992 from this
well shows that this concentration was reduced to 0.072 milligrams per liter or 72 ·
micrograms per liter. In addition, BTEX has also been detected at Recovery Well
# RT-1. The highest concentration of BTEX in this recovery well was· 5.303
milligrams per liter (mg/L) or 5,305 micrograms per liter (ug/L) analyzed from the
sample taken during the February 7, 1992. On August 12, 1996 the Mooresville
Regional Office reported that the BTEX concentration in the sample taken on April
22, 1996 from Recovery Well# RT-1 has decreased to 1.215 milligrams per liter or
1,215 micrograms per liter (ug/L). No other recovery wells have shown BTEX
concentrations above detectable levels during the six years that monitoring has been
conducted at this site.
Since Consolidated Freightways Incorporated conducted cleanup from
October 28, 1991 through December 17, 1993, levels of contaminants in
groundwater have been significantly reduced in monitoring wells and recovery wells
as shown in Table# 1, Figure# 11, and Appendix II of the report titled "Variance
Reg uest Incident No. 5484 Consolidated Frei2htwavs , Inc. Former James Farm Site,
Statesville, North Carolina S&ME Proj ect No. 1354-96-368 Q\.:1a y 1996)". On April
22, 1996 Consolidated Freightways Incorporated conducted routine sampling of
monitoring wells and recovery wells at this site. None of the monitoring wells
showed concentration level above the 15A NCAC 2L .0202 Groundwater Quality
Standards. Except for Benzene, Ethylbenzene and Isopropyl Ether found in the
sample from the well in the recovery trench (Recovery Well# RT-1), laboratory
results from all other recovery wells showed substances below quantitation limits.
Based on the results of the April 1996 monitoring, Consolidated Freightways
Incorporated requested a variance for this site on May 16, 1996. As shown on Page
# 1 of the report, the company has utilized the best available technology for this site
and has aggressively pursued clean-up such that it has resulted in a " .... reduction of
the plume extent and magnitude by over 90%". They have specifically requested a
variance for the "surficial aquifer" beneath the site.
Potential sources of groundwater contamination in the area are shown on
maps located in Figure# 2 and Appendix IV of the report titled "Variance Reg uest
Incident No. 5484 Consolidated Frei2htways , Inc. Former James Farm Site,
Statesville. North Carolina S&ME Proj ect No.1354-96-368 (Ma y 199 6)" and
includes the following: •
6
,,
Consolidated Freightways Incorporated has also monitored BTEX levels in
the four recovery wells at this site to evaluate the effectiveness of the cleanup system.
As shown on the map in Figure 4 of Appendix II, the highest BTEX concentration
that ever appeared in a recovery well at this site was 94.947 milligrams per liter
(mg/L) or 94,947 micrograms per liter (ug/L) in Recovery Well# BMW-1 during the
February 26, 1992 sampling event. The state has no Groundwater Quality Standard
for BTEX. Analysis of a groundwater sample taken on October 27, 1992 from this
well shows that this concentration was reduced to 0.072 milligrams per liter or 72
micrograms per liter. In addition, BTEX has also been detected at Recovery Well
# RT-1. The highest concentration of BTEX in this recovery well was· 5.303
milligrams per liter (mg/L) or 5,305 micrograms per liter (ug/L) analyzed from the
sample taken during the February 7, 1992. On August 12, 1996 the Mooresville
Regional Office reported that the BTEX concentration in the sample taken on April
22, 1996 from Recovery Well# RT-1 has decreased to 1.215 milligrams per liter or
1,215 micrograms per liter (ug/L). No other recovery wells have shown BTEX .
concentrations above detectable levels during the six years that monitoring has been
conducted at this site.
Since Consolidated Freightways Incorporated conducted cleanup from
October 28, 1991 through December 17, 1993, levels of contaminants in
groundwater have been significantly reduced in monitoring wells and recovery wells
as shown in Table# 1, Figure# 11, and Appendix II of the report titled "Variance
Reg uest Incident No. 5484 Consolidated Freightwavs . Inc. Former James Farm Site,
Statesville, North Carolina S&ME Proj ect No. 1354-96-368 (Ma y 1996)". On April
22, 1996 Consolidated Freightways Incorporated conducted routine sampling of
monitoring wells and recovery wells at this site. None of the monitoring wells
showed concentration level above the 15A NCAC 2L .0202 Groundwater Quality
Standards. Except for Benzene, Ethylbenzene and Isopropyl Ether found in the
sample from the well in the recovery trench (Recovery Well# RT-1), laboratory
results from all other recovery wells showed substances below quantitation limits.
Based on the results of the April 1996 monitoring, Consolidated Freightways
Incorporated requested a variance for this site on May 16, 1996. As shown on Page
# 1 of the report, the company has utilized the best available technology for this site
and has aggressively pursued clean-up such that it has resulted in a " .... reduction of
the plume extent and magnitude by over 90%". They have specifically requested a
variance for the "surficial aquifer" beneath the site.
Potential sources of groundwater contamination in the area are shown on
maps located in Figure# 2 and Appendix IV of the report titled "Variance Req uest
Incident No. 5484 Consolidated Freigbtways. Inc. Former James Farm Site,
Statesv ille. North Carolina S&ME Proj ect No. 1354-96-368 (Ma y 1996)" and
includes the following: •
6
.,
since that time has revealed that the BTEX concentration has declined below
detectable limits. BTEX has not been found in any of the other monitoring well
since July 29, 1990.
The Division also required the Consolidated Freightways Incorporated to
evaluate the effectiveness of groundwater cleanup efforts by examining
concentrations of substances in recovery wells used as sumps to collect free product
and dissolved hydrocarbons from the site. This monitoring effort was necessary to
understand the effect pump-and-treat cleanup has had on concentrations of
constituents at the site. Samples were obtained from four recovery wells February
26, 1992 through April 22 ,1996. These wells are located around the area which
formerly consisted of Tank Pit # 1. The highest concentrations of substances that
ever appeared in recovery wells at this site occurred during a semi-annual
monitoring event on February 26, 1992 in Recovery Well BMW-l/RW-4. All
concentrations reported were in exceedence of the 15A NCAC 2L .0202
Groundwater Quality Standards. The concentrations of substances that appeared in
Recovery Well# BMW-1/RW-4 during this sampling period are as follows:
CONC:ENTRA TION CONCENTRATION GROUNDWATER
SUBSTANCE (in micro grams (in Milligrams QUALITY
per liter {ug/IJ) per liter {mg/L}) STANDARD (mg/Q
Benzene 15,000 15.0 0.001
Toluene 51,000 51.0 1.000
Etbylbenzene 3,900 3.9 0.029
Xylene 25,000 25.0 0.530
Since this semi-annual monitoring event, concentrations of substances in this
well have decreased to the extent that they no longer exceed the Groundwater
Quality Standards in 15A NCAC 2L .0202. This recovery well is located in an west-
southwest direction from the infiltration gallery and pump-and-treat cleanup
system. It must be noted that Recovery Well# BMW-1/RW-4 was a monitoring
well at the time the February 26, 1992 sample was obtained. Shortly after the
February 1992 semi-annual monitoring event, this well was converted to a recovery
well. In addition, concentrations of .substances in samples taken from Recovery
Well# RT-1 between February 7, 1992 and April 22, 1996 have been and are
presently above the 15A NCAC 2L .0202 standards. Recovery Well# RT-1 is
located directly in th~ recovery trench which was the former "Tank Pit # 1 " where
the four underground storage tanks had been located at this site. Neither of the
remaining recovery wells have had exeedences of the Groundwater Quality
Standards in 15A NCAC 2L .0202.
5
1) Property owned by the Clark Equipment Company located to the
south of this site on 93 acres and built in 1978. There is a building on
this property which consists of approximately 413,840 square feet;
2) Twenty acres of land owned by Frame Plastics Incorporated located
to the north and identified as "vacant" on May 1, 1996;
3) A separate property owned by Mr. N.C. James under the corporate
title of "James Farms Incorporated" on 86.3 acres of located east of
the site and east of Interstate 77;
4) Property owned by the John S. Barnes Corporation located to the
southwest of the site on approximately 41.7 acres of land. A building
is on this site with a total square footage equal to 74,210 square feet.
The present use of this property is not known;
5) The well in the recovery trench identified as RT-1 where dissolved
petroleum hydrocarbons have been found as shown in the variance
request;
6) Three inactive drinking water wells located on the property. The
location of these wells relative to the recovery trench are as follows:
one well located directly north 150 feet away, a second well located
200-250 feet to the northwest, and a third well located 550 feet to the
southwest {see Figure 9 of Appendix II and Figure 14 of Appendix III};
7) A septic tank located 150-200 feet south of the recovery trench;
8) An Iredell County water supply line crossing the property from the
north to south and veering southwest {~ee Figure 14 of Appendix Ill};
9) State Road 2171 (a public roadway);
10) Interstate 77 (a public roadway);
Figure# 4 oftlie report titled "Variance Req uest Incident No. 5484
Consolidated Freightways, Inc. Former James Farm Site, Statesville, North
Carolina S&ME Proj ect No. 1354-96-368 (May 1996)" is a copy of an areal
7
photograph of this property and other adjacent properties with the names and
addresses of the owners.
Rule .Ol 13 (c)(3): Description of the proposed area for which the variance is requested:
Maps of the area are shown in the report titled "Variance Req uest Incident
No. 5484 Consolidated Freightway s. Inc. Former James Farm Site, Statesville,
North Carolina S&ME Proj ect No. 1354-96-368 (M a y 1996)". Pursuant to a
request for additional information by the Groundwater Section, Consolidated
Freightways Inco11porated sent a letter with attachments on April 30, 1997 showing
the area on the property for which the variance was requested. The total land area
for.this variance consists of2.75 acres of land or 120,000 square feet in the request.
This area is roughly in the shape of a rectangle and includes the former Tank Pit #
1, the recovery trench, the infiltration gallery, two upgraident "closed" water wells,
and an abandoned trailer. The variance is requested for the area impacted by the
release from Tank Pit # 1 and the portion of the property for which it is anticipated
that substances will migrate. All underground storage tanks, pumps, and
appurences have been removed from the property by the present owner.
No adjacent properties are included in this variance request. If at any time
monitoring reveals that concentrations of substances exceed the Groundwater
Quality Standards in 15A NCAC 2L .0202 on adjacent properties and it can be
determined that Consolidated Freightways Incorporated is responsible for the
contamination, the Division could still require the company to bring these
concentration levels in compliance with the standards in 15A NCAC 2L .0202. A
variance granted by the Environmental Management Commission does not exempt
Consolidated Freightways Incorporated from being held responsible for cleanup.
The concentration of contaminants in groundwater is primarily influenced
by the direction and rate of groundwater flow. The estimated groundwater flow
rate is contained in the site assessment report submitted by Consolidated
Freightways Incorporated to the Mooresville Regional Office. Based on this
information the company asserts that groundwater in the area flows toward three
"farm ponds". One of these ponds is located at what is believed to be the center line
of the direction of groundwater flow. This pond is 900 feet to the west-southwest
(See Figure # 7). The closest downgraident pond that could potentially be impacted
by substances at this site is 550 feet away to the north-northwest. The furthest pond
is to the southwest and is 1,120 feet away from the site. These ponds discharge into
an unidentified branch that empties into Fourth Creek. Fourth Creek eventually
drains into the Yadkin River. Consolidated Freightways has submitted calculations
and other information demonstrating that these ponds and adjacent downgraident
8
properties will not be impacted by the release identified as Groundwater Incident
Number 5484.
Rule .0l 13(c)(4): Supportin£ information to establish that the variance will not endan~er the
public health and safety ... :
This part of the variance concerns Groundwater Quality Standards shown in
15A NCAC 2L. 0202 and has been requested for Benzene, Ethylbenzene, Toluene,
Xylenes (-o,-m, and p), and Ethyl Dibromide. In order to assess health impacts,
monitoring wells were sampled at or near this site to assess the extent of ·
contamination and concentration levels of substances. Concentrations of substances
in recovery wells were also examined to determine the effectiveness of the pump-
and-treat/air stripping system at removing these chemicals. Groundwater
monitoring data from Consolidated Freightways Incorporated indicates that
substances released from previous farming operations at this site do not pose a
hazard to the public. Sampling and analysis of on-site wells at this property have
been conducted since April 23, 1990 at monitoring wells and is being continued at
the present time. A total of eight different sampling events occurred from 1990
through 1996 at seven monitoring wells located at the site. As previously stated the
highest concentrations of substances that appeared in a monitoring well occurred at
Monitoring Well# 7 on July 29, 1990. Since that time concentrations of substances
have not been observed in this well above quantitation limits. Concentrations of
substances from groundwater samples taken from the remaining monitoring wells
on April 22, 1996 did not exceed quantitation limits. USEP A Method 601 and 602
were used to determine concentration levels in samples collected from these
monitoring wells. ·
The company also conducted monitoring at the four recovery wells located at
this site. USEP A Method 601 and 602 were used to determine concentration levels
in samples collected from these recovery wells. As previously stated the recovery
well where the highest concentrations of substances was found was at Recovery Well
BMW-1/RW-4 on February 26, 1992. Since that time gradual reductions in the
concentrations of Benzene, Ethylbenzene, Toluene, Xylenes (-o,-m, and p) have
occurred. Monitoring from the April 22, 1996 semi-annual event revealed that none
of these substances were detected in this well. Ethyl Dibromide was detected in a
sample from this well taken on October 27, 1992 at 9.40 x 10-3 milligrams per liter or
9.40 micrograms per liter. The Groundwater Quality Standard for Ethyl Dibromide
is 4 x 10-7 milligrams per liter or 4 x 104 micrograms per liter. Since that time Ethyl
Dibromide has not been detected at Recovery Well BMW-1/RW-4.
Concentrations of substances in recovery well RW-2 and recovery well RW-3
have not been observed above detectable levels. The highest concentration of
9
substances found in this well occurred during the February 7, 1992 semiannual
monitoring event. Benzene found in recovery well RT-1 was at a concentration of
1. 730 milligrams per liter or 1730 micrograms per liter on February 7, 1992. The
Groundwater Quality Standard for Benzene is 0.001 milligram per liter or 1.0
microgram per liter. In addition, Toluene was reported at 1.470 milligrams per liter
or 1470 micrograms per liter. The Groundwater Quality Standard for Toluene is
1.0 milligram per liter or 1,000 microgram per liter. Ethylbenzene was reported at
0.208 milligrams per liter or 208 micrograms per liter. The Groundwater Quality
Standard for Ethylbenzene is 2.90 x 10-2 milligrams per liter or 29.0 micrograms per
liter. During this monitoring event Xylene was discovered at a concentration of
1.181 milligrams per liter or 1,181 micrograms per liter. The Groundwater Quality
Standard for Xylene is 0.530 milligrams per liter or 530 micrograms per liter. Since
February 1992 the company has monitored the groundwater quality at this well on
six different occasions. Reductions in concentration levels in recovery well RT-1
have been followed by upward "rebounding" of concentrations, above the
Groundwater Quality Standards in 15A NCAC 2L .0202. The April 22, 1996
monitoring 'event revealed that concentrations of substances at recovery well RT-1
still remained above the standards. Benzene found in this recovery well RT-1 was at
a concentration of 0.860 milligrams per liter or 860 micrograms per liter on
February 7, 1992.· The Groundwater Quality Standard for Benzene is 0.001
milligram per liter or 1.0 microgram per liter. Ethylbenzene was reported at a
concentration of 8.30 x 10-2 milligrams per liter or 83.0 micrograms per liter. The
Groundwater Quality Standard for Ethylbenzene is 2.90 x 10-2 milligrams per liter
or 29.0 micrograms per liter. Concentrations of Toluene and Xylenes did not appear
above the 15A NCAC 2L .0202 Groundwater Quality Standards during the April
22, 1996 monitoring event.
Consolidated Freightways Incorporated has attempted to defme the vertical
extent of groundwater contamination beneath the site. The deepest well Monitoring
Well# 8 (MW# 8) and it is 32.83 feet below the ground surface. Groundwater
sampling and analysis, conducted for approximately a six year period using USEP A
Method 601 and Method 602 have consistently shown concentratio.ns of substances
below detectable limits.
Using site assessment information at the Mooresville Regional Office, the.
company has calculated the time it would take for residual contaminants to impact
the nearest down-gradient on-site pond that discharges into Fourth Creek, a
tributary of the Yadkin River. Based on an average hydraulic gradient of 0.02
foot per foot, a hydraulic conductivity or (K) of0.80 feet per day, and an effective
soil porosity of 0.35 for silty saturated soils, the estimated groundwater flow velocity
in the subsurface at this site is approximately 18 feet/year. The company used
measured hydraulic conductivities for the screened aquifer at monitoring wells
· Monitoring Well # 3, ·Monitoring Well # 4, and Monitoring Well # 7 in calculating
the value for (K) as a means to predict the rate of movement of contaminants from
the site. Consolidated Freightways Incorporated asserts that substances in the
10
Department comes from a surface water intake located five miles from the site
owned by Consolidated Freightways Incorporated. Water from the Iredell Water
Corporation is from two water supply wells located 8/10 of a mile from the site.
These two wells are six inch diameter and are located approximately 400 feet deep
in bedrock. The yield from these wells ranges from 16,000 to 40,000 gallons per day.
Consolidated Freightways does not believe pumping from these wells has an
influence on groundwater flow at the site. No wellhead protection area, as defined
in 42 USC 300h-7(e), has been designated for thes~ county water supply wells.
Figure 14 of Appendix Il shows that an Iredell Water Corporation water supply line
passes through the area for which the variance has been requested. The Iredell
Water Corporation has reported to the Groundwater Section staff that water supply
lines are located at a depth of three to six feet beneath land surface. Consolidated
Freightways has estimated that the depth to groundwater, where substances have
been reported in excess of the 15A NCAC 2L .0202 Groundwater Quality
Standards, is 25 to 35 feet beneath land surface. It is highly unlikely that substances
in groundwater at the site owned by Consolidated Freightways Incorporated will
have an adverse impact on these water supply lines.
Rule .0113 (c)(5): Supporting information to establish that requirements of the rule cannot be
achieved b v providing best available technolo gy economically reasonable:
The part of the request that concerns variance to Corrective Action in 15A
NCAC 2L .0106G) will allow Consolidated Freightways Incorporated to discontinue
Corrective Action at this site. The company bas submitted supporting information
in the report and other documents demonstrating that the continued applicatif~n of
BAT will not result in significant long term remediation of the site to the
Groundwater Quality Standards contained in 15A NCAC 2L .0202. The is due to
the high probability that continued cleanup activities at the site will not significantly
reduce contaminant levels below Groundwater Quality Standards in 15A NCAC 2L
.0202. Since discovery of the release in 1990, Consolidated Freightways
Incorporated has disposed of 4,100 cubic yards of petroleum contaminated soil via
land application and all soil cleanup has been completed for this site. The company
has treated approximately 2,448,750 gallons of groundwater to comply with the
cleanup requirements of the Corrective Action Plan that implemented on October
28, 1991. Page 19 of the report titled "Variance Req uest Incident No. 5484
Consolidated Frei~htways. Inc. Former James Farm Site, Statesville, North
Carolina S&ME Proj ect No. 1354-96-368 (M av 1996)" states that a total of$
286,000 has been expe~ded to conduct the site assessment, reimburse claims,
conduct monitoring, and cleanup this site. The amount of money that has been spent
by Consolidated Freightways Incorporated at this site is summarized as follows:
12
sparging as an alternate technology to the present pump-and-treat system. The
company does not believe that the use of this technology is practical to meet the
requirements of 15A NCAC 2L .0113(c)(5). The company estimates the yearly costs
to operate and maintain an air sparging system would be approximately $ 18,000
based on a monthly projected monthly cost of$ 1,500. Additional costs for air
sparging system design, well construction, and equipment would need to be
calculated before this cleanup technology could be used at the site. The company
estimates that it may take at least two years for air sparging to reduce remaining
contaminant levels below the Groundwater Quality Standards in 15A NCAC 2L
.0202, if these standards can be met at all. Consolidated Freightways believes that
the low residual concentrations of substances in groundwater at the site and the lack
of any human receptors does not warrant the additional expense of implementing
air sparging.
On August 12, 1996 the Mooresville Regional Office provided comments
concerning the applicability of cleanup technology for this site. The regional office
believes that soil vapor extraction could reduce remaining concentrations of
substances near recovery well RT-1 that have remained above the Groundwater
Quality Standards. However, the Mooresville Regional Office cannot determine if
the extent of this reduction in contaminant levels will be any more effective at
reducing concentrations than a variance. In addition, if soil vapor extraction is
required for this site, Consolidated Freightways Incorporated will need to conduct
more extensive site assessments to implement this type of technology. Additional
cleanup costs would need to be expended by the company, some portion of which
may be eligible for Trust Fund Reimbursement since this site is Class AB under the
priority ranking system used by the Division of Water Quality.
Rule .0113(c)(6): Supporting information to establish that com~liance would produce serious
financial hardship on the applicant:
Consolidated Freightways Incorporated has submitted information showing
that compliance with the rules will result in a serious financial hardship. Page 17
through 19 of the report shows that the company has demonstrated that the
continued application of pump-and-treat or other alternative technologies to this
location would be unnecessarily expensive methods of remediating groundwater
contamination. The report states on page 19 that Consolidated Freightways
Incorporated plans to sell the property. It further states that " The property was
initially purchased by CF (Consolidated Freightways Incorporated) to build a new
trucking terminal". The company decided not to construct this terminal.
Consolidated Freightways Incorporated has had this property on the market for
three years and, according to Page 19 of the variance request, has not been able to
15
.
I
sell it " .... due to the potential liability and stigma associated with ownership of a
contaminated site". The company has thus far spent $ 286,000 to cleanup this site of
which only $ 165,564.69 has been reimbursed through the Non-Commercial Leaking
Petroleum Underground Storage Tank Trust Fund. The remaining $120,435.31 of
cleanup costs is incurred on Consolidated Freightways Incorporated at property
where the company has never conducted normal business operations or benefited
from it's use.
Consolidated Freightways Incorporated believes that there is immense
uncertainty that best available technology will remediate the groundwaters at this
site to applicable standards within a foreseeable period of time. Allowing the
persistence of low levels of contaminants in groundwaters that, after approximately
two years and three months of applying best available technologies, have
asymptotically approached the Groundwater Quality Standards in 15A NCAC 2L
.0106 through a variance is a prudent means of addressing the company's release at
this site. It is no less effective a means of addressing residual concentrations of
substances at this site than continuing the use of pump-and-treat with carbon
filtration, the implementation of in-situ or enhanced bioremediation technology, air
sparging technology, or soil vapor extraction and is less expensive than any of the
alternatives discussed in the variance request. The company believes that "intrinsic
bioremediation" is occurring at this site and will, with adequate time, reduce the
remaining contaminant concentrations below the Groundwater Quality Standards
in 15A NCAC 2L .0202.
Rule .Ol 13 (c)(7): Supporting information that com pliance would produce seriou s financial
hardshi p without equal or greater public benefit:
The company has submitted information in the request demonstrating that
the environment, safety and public health would not be impacted by this variance.
The Groundwater Section believes that the public will not benefit from compelling
Consolidated Freightways Incorporated to continue remediating this site using
pump-and-treat technology or other alternatives discussed.
Rule .Ol 13 (c )(8): "A co py of any Special Order ... ":
No Special Order by Consent has been issued for this site.
16
lt tC'D APR 3 o 1997
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL P 281 578 510
RETURN RECEIPT REQUESTED
AVA
DEHNR
April 29, 1997
Mr. Stewart M. Hines
S&ME Incorporated
9751 Southern Pines Blvd.,
Charlotte, NC 28273
Subject: Additional Information Needed to Complete the Review of the
Request for Variance Under 15A NCAC 2L .0113 for the
Consolidated Freightways Incorporated Site at State Road 2173 in
Statesville, North Carolina (Groundwater Incident# 5484)
Dear Mr. Hines:
The Division of Water Quality has reviewed the information submitted in the variance
request received on May 16, 1996. The information contained in your request does not meet the
requirements for a variance application filed under 15A NCAC 2L .0113 for the following reason:
1) Pursuant to 15A NCAC 2L .0113(a) and 15A NCAC 2L .0113(c)(3) the
description of the proposed area for which the variance was requested is
incomplete. The Environmental Management Commission may grant variances
pursuant to a "request filed under G.S. 143-215.3(e) ". This law requires that
variances requests be for areas where "Compliance with the rules, standards, or
limitations from which the variance is sought cannot be achieved by application of
best available technology ..... ". You will recall that on April 18, 1997 you had a
discussion with Groundwater Section staff concerning this site. From maps and
GroundwaterSectton, .,...,...j6"1
P.O. Box 29578, Raleigh, North Carolina 27626-0578 l '1 ~.,.. ~
2728 Capital Blvd .. Raleigh, North Caronna 27604 •fWfhf&M
1
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Actton Employer
50% recycles/10% post-consumer paper
figures in the report titled "Varian ce Re guest Incident No. 5484 Consolidated
F re i ~htways , Inc. Former James Fann Site, Statesville, North Carolina S&ME
Pro ject No , 1354-96-368 <May 1996)" you stated that the maximum area that was
impacted by the substances released in soils and groundwater at Tank Pit # One
was approximately 22,500 square feet or 0.52 acres of land. This was the area of
the release prior to implementation of cleanup. Page 8 of the variance request
states that "The area covered by the variance request includes the entire CF property
Boundary, as highlighted in Figures 2 and 4. ". Figure 2 shows the entire property
with a roughly outlined sketch of an area of this property as the portion proposed for
a variance. Figure 4 shows the entire property owned by the Consolidated
Freightways Incorporated as the area proposed for variance. This request could be
interpreted_ as meaning that Consolidated Freightways Incorporated wants a variance
for all 94.492 acres ofland owned by the company the majority of which was never
impacted by the release identified under Groundwater Incident# 5484. General
Statute 143-215.3 prohibits the Commission from granting such a variance. It is for
this reason that the variance request does not meet the criteria of ISA NCAC 2L
.01I3(a). Because the area for which the variance is being requested was not
accurately defined in the report, the request does not meet the criteria of 15A NCAC
2L .0113(c)(3).
In order to complete the information requirements for a variance under ISA
NCAC 2L .0113, p!ease delineate the exact area for which the variance is being
requested. lnclude1nnneric linear distances for each of the boundaries of t~ea
in units of feet and the numeric area that this variance encompasses in either square
feet or rcf'es. The area of the proposed variance should also include those portions
of the property where substances are expected to migrate such that an exceedence
of a Groundwater Quality Standard under 15A NCAC 2L .0202 is likely to occur.
Page 5 of the variance indicates that this request is being made for what is
described as the "surficial aquifer". It is not necessary that you provide a _ ve~ical ..
extenfofthe plumeunless you·liave iiiformatioti"readily availaj)le. Aiso, in order
ta assist staff, pie~ submit a scaled _piap showing formerT~ Pit # One, the
~ltration liJB.llery, monitoring wells,"bandoned water wellsH'ecovery trench, the
""'b'ailer, anct'6oundaries of the area for which the variance requested. You may provide
the distances and area of the variance on this map.
The additional information must be provided so that the Groundwat~r Section can
properly evaluate the variance request and verify to the Director that it meets the
requirements of 15A NCAC 2L .0113 (c). Once the Groundwater Section deems a variance
request has met these requirements, it can proceed to the Director for review in accordance
with 15A NCAC 2L .0113 (d). If Consolidated Freightways Incorporated wishes to continue
pursuing a variance to the Subchapter 2L rules you will need to submit information that addresses
2
Item #1. Attached is a copy of ISA NCAC 2L and a copy ofNorth Carolina General Statute 143-
215.3(e). The Groundwater Section staff have not identified any other issues that need to be
addressed to complete this variance request at this time. If you have any questions concerning this
letter, please contact Mr. David Hance in the Groundwater Section at [phone] .
APH/AM/dah
cc: Arthur Mouberry
Carl Bailey
Burne Boshoff
Sincerely,
~/7t",,.._?
Arthur Mouberry, P .E.,
Chief, Groundwater Section
Mooresville Regional Groundwater Supervisor
David Hance
3
~uthor: David Hance at NRGWS0lP
~te: 4/17/97 3:27 PM
Priority: Urgent
Receipt Requested
TO: Carl Bailey
CC: David Hance
Subject: re: variance for Consolida_ted Freightways Inc (GW # 5484)
------------------------------------Message Contents-----------~------------------------
Carl,
I just had a discussion with Stewart Hines of consulting firm S&ME
Incorporated concerning the variance for Consolidated Freightways
Incorporated (former NC James Farm). Back in 1990 Consolidated
Freightways bought this property from Mr. NC James. Upon removing four
1000 gallon gasoline tanks and one 550 gallon diesel fuel tank, the
company found releases of petroleum into the soils and groundwaters at
two separate tank pits. Soils were treated on-site and groundwater was
treated with pump and treat technology. Consolidated Freightways has
not used this site for any purpose since the transfer of land.
One of questions concerned the exact area of land impacted by the
release and what area of land is involved in this variance request.
Stewart told me that the area where groundwater was contaminated
equaled to approximately 22,500 square feet. The variance request as
wri.tten states that the company wants a variance for the entire
property which is 94.492 acres of land. Stewart confirmed for me that
he had written the request specifying 94.492 acres but could not tell
me if the responsible party wanted the variance to encompass the
entire 94.492 acres of land or a smaller portion. It is important to
note that Consolidated Freightways intent in getting a variance at
this site is to improve is "sell-ability" to potential purchasers.
If a variance were proposed for all 94.492 acres of this property,
I cannot see how the EMC could approve it without some institutional
control to prevent an owner or owners from using the groundwater as a
source of drinking water. It is not know what this property will be
used for in the future. At present it is an abandoned dairy farm. I
feel the the Director would need to designate groundwater RS under 15A
NCAC 2L .0104(a) (2) after a variance has been granted. This would mean
that the responsible party or future owner who has taken cleanup
responsibilities may be subject to additional site characterization
and monitoring requirements pursuant to 15A NCAC 2L .0104(c) through
(d) and notification requirements under lSA NCAC 2L .0104(e). These
requirements would likely be implemented AFTER the variance has been
granted by the Commission. Since we have never had a site approved
with an RS Designation, we have no idea how lending institutions will
react to such a mechanism.
On the other hand, would RS Designation ... and subsequent
reclassification .... be necessary for just over a HALF ACRE OF LAND
(22,500 square feet) in an area where public water supply is
available? I don't think so!
I think it would be worthwhile for us to send a letter to
Consolidated Freightways explaining to them the potential impacts of
asking for a variance for a large piece of property and asking them to
.pr~vide us with a clarification of what their intent really is. WE
would "cc" the MRO and S&ME on this.
PLEASE LET ME KNOW IF I SHOULD GO AHEAD WITH THIS LETTER. I am in
the process of getting the background information on this site
together for Preston to examine.
dh
Author: Arthur Mouberry at NRGWSOlP
Date: 3/21/97 11:44 AM
Priority: Normal
Receipt Requested
TO: David Hance
Subject: Variance Report
------------------------------------Message Contents------------------------------------
David,
In looking over the variance report and talking with Stewart Hines
with S&ME we have concluded that the only request that may need some
additional attention is Consolidated Freightways site #5484. Please
look at this request and see if it is ready to move to the next step.
Let me know what is decided.
Arthur
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Epidemiology .AVA
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Michael Moser, M.D., M.P.H. DEHNR
October 9, 1996
MEMORANDUM
TO: Arthur Mouberry, P.E., Chief
Groundwater Section
FROM: Kenneth Rudo, Ph.D., Toxicologist ~,t
Medical Evaluation and Risk Assessment Branch
Occupational and Environmental Epidemiology Section
-. ..
SUBJECT: Variance Request from 15A NCAC 22.0202 Groundwater Quality Standards by
Consolidated Freightways, Inc.
After reviewing the variance request from the above company, I would like to offer the
following comments.
The level of contaminants has been reduced considerably over time with only one well
(RT-1) still containing significant levels of benzene and other petroleum compounds. This well,
in a recovery trench, appears to have contained the existing contaminants. There is no
evidence at this time of movement downgradient to other monitoring wells. This fact, in addition
to the evidence that no private wells in current use are downgradient within at least a ½ mile
distance from this recovery trench, would seem to indicate that the existing contamination in
RT-1 should not pose any human health risks to people living adjacent to the site. Therefore,
the Occupational and Environmental Epidemiology Section recommends that the variance be
granted at this site, as the existing contamination should not pose any human health risks. I
also concur with the recommendation from Paul Dahlen at the Division of Water Quality's
Mooresville Regional Office to continue monitoring the groundwater at this site for at least two
to three years to ensure oversight in the remaining areas of contamination.
If you have any further questions, please feel free to contact me at 715-6430.
KR:lp
:.
P.O. Box 27687, Raleigh,
North Carolina 27611-7687
N!)C
ltMt;ttffl
An Equal Opportunity Affirmative Action Employer
50% recycled/10"/o post-consumer paper
David Hance
August 12, 1996
Page 2
Consolidated Freight sent a request dated May 16, 1996, to DWQ
for a variance through S&ME, Inc. It was received on May 30,
1996, by the Raleigh Central Office (attached).
(b) Requests for variances are filed by letter from the
applicant to the Environmental Management Commission.
The application shall be mailed to the chairman of the
Commission in care of the Director, Division of Water
Quality, Post Office Box 29535, Raleigh, N.C. 27626-
0535.
See (a) above.
(c) The application should contain the following
information:
(1) Applications filed by counties or municipalities
must include a resolution of the County Board of
Commissioners or the governing board of the
municipality requesting the variance.
This item does not apply.
(2) A description of the past, existing or proposed
activities or operations that have or would result
in a discharge of contaminants to the
groundwaters.
None are existing or proposed in the attached variance request
(page 6).
(3) Description of the proposed area for which a
variance is requested. A detailed location map,
showing the orientation of the facility, potential
for groundwater contaminant migration as well as
the area covered by the variance request, with
reference to at least two geographic references
(numbered roads, named streams/rivers, etc.) must
be included.
This item is addressed starting on page 8 of the attached
variance request. Figures 1 and 2 also depict this area.
(4) Supporting information to establish that the
variance will not endanger the public health ind
safety, including health and environmental effects
from exposure to groundwater contaminants.
(Location of wells and other water supply sources
including details of well construction within 1/2
David Hance
August 12, 1996
Page 3
mile of site must be shown on a map.
This item is addressed on pages 8-16 (and supporting figures) of
the variance request. Six wells are located within a .5-mile
radius, but all these wells are cross-gradient from the
contaminant plume.
(5) Supporting information to establish that
requirements of this Rule cannot be achieved by
providing the best available technology
economically reasonable. This information must
identify specific technology considered, and the
cost of implementing the technology and the impact
of the costs on the applicant.
This item is discussed starting on page 17 of the variance
request. Soil excavation and land application and groundwater
pump and treat remediation have been used on this site at a cost
of $286,000. S&ME has demonstrated through analysis of dissolved
oxygen, oxidation-reduction potential, and other parameters, that
bioremediation is most likely occurring. The groundwater
remediation system was deactivated on September 1, 1994, and as
of April 22, 1996, only one well (RT-1) contained measurable
levels of contaminants. Based on a site visit and my review of
the information contained in the site file and the variance
request, I do not believe that this incident poses a threat to
human health.
(6) Supporting information to establish that
compliance would produce serious financial
hardship on the applicant.
This information is provided starting on page 19 of the variance
request.
(7) Supporting information that compliance would
produce serious financial hardship without equal
or greater public benefit.
See (6) above.
(8) A copy of any Special Order that was issued in
connection with contaminants in the proposed area
and supporting information that applicant has
complied with the Special Order.
No Special Order was issued for this site.
David Hance
August 12, 1996
Page 4
(9) A list of the names and addresses of any property
owners within the proposed area of the variance as
well as any property owners adjacent to the site
covered by the variance.
The names and addresses of property owners within and adjacent to
the proposed area of variance and the site are shown on Figure 4
in the variance request. It does not appear as if the NC DOT has
been included as being the owner of the surrounding roads. The
owner of Interstate 77 would also need to be known (Federal or
state DOT).
The following will hopefully answer questions posed in the July
22, 1996 Memo from Arthur Mouberry (attached):
(1) Two of the wells were properly abandoned, and the
abandonment records are on file at MRO. The third well
was never located. Mr. James, the previous owner of
the property, thinks that this well was either removed
or buried during the removal of a house that used to be
on the property. S&ME made several efforts to locate
this well.
(2) (a) The permitted infiltration gallery has not been in
use since September 1, 1994, and there are no
plans for future use. When it was operating, all
reports indicate that it performed as designed.
(b) & (c) All contamination is localized around the
recovery trench. Analyses of samples taken from
monitoring well MW-8, the bedrock well, have
detected only one compound, 1,1,1-trichloroethane,
at a level of 1 part per billion. This was
detected in the June, 15, 1992 sampling event and
has not been detected since. The property line is
located 900' downgradient from the area of
contamination according to the variance request.
At a groundwater flow rate of 18 feet/year, it
would take 50 years for any remaining contaminants
to migrate to the closest property line. The
variance request has demonstrated that natural
attenuation is occurring at this site. Continued
monitoring could confirm this.
(d) The infiltration gallery is not being used, nor
will it be used.
David Hance
August 12, 1996
Page 5
(3) I calculated a flow rate of 16.68 feet/year using their
figures.
(4) None that I am aware of other than the Director
changing the groundwater classification designation.
Discussion: Based on the well survey, this site is a Class AB
site. Soil vapor extraction could possibly remove contamination
from the soil that is causing a rise in groundwater contaminant
levels when the system is not running. Further assessment would
have to be completed, however, to determine the location
of the contaminated soil before SVE wells could be placed. By
installing and operating an SVE system combined with continued
pumping and treating of the groundwater, the groundwater
contaminant levels might be reduced. It is unknown, however, what
level of reduction in contaminant concentrations would be
achieved, nor whether the reduction would be more than the
anticipated reduction through natural attenuation.
Based on the information contained in the variance request,
I recommend approval of this variance request with the
stipulation that groundwater monitoring will continue over a
period of at least 2 years to ensure that natural attenuation is
occurring.
If you have any questions, please call me at [phone], ext.
234.
Attachments
..
DIVISION OF WATER QUALITY
GROUNDWATER SECTION
July 22, 1996
£ N.C. DEPT. OF
NVlRONMENT, H E -\ 1 TH,
• NATURAL RESOL,,~r.r:s
JUL 23 1996
MEMORANDUM:
IYJSION OF tNV/Rer.i.ffWl ''..4!HSUrl£NT
1108R£SVlUE REGlilNAl OfflCE
TO: Barbara Christian, Regional Groundwater Hydrogeological Supervisor,
Mooresville Regional Office
FROM: Arthur Mouberry, P.E., M J
Chief, Groundwater Secti t.L!7 ( ~
SUBJECT: Division of Epidemiology's Concerns about the Variance Request from
Consolidated Freightways Incorporated (Former James Farm, Incorporated) in
Statesville, North Carolina {DEM 0roundwater Incident Number 5484}.
On June 19, 1996 a request for variance from Corrective Action Plan (CAP) rules and
the Groundwater Quality Standards was sent to the Mooresville Regional Office to conduct
a technical review for a site owned by Consolidated Freightways Incorporated of
Statesville, North Carolina (Groundwater Incident Number 5484). In addition to requesting
review of this variance, we also asked the Division of Epidemiology to provide an evaluation
of the risk assessment methodology used by the company in the supporting information
submitted for the variance. During discussions with Groundwater Section staff Dr. Ken
Rudo raised a number of concerns about this variance request. A summary of these issues
are shown below as follows:
1) There is no information showing that the unused wells identified in the
variance request could not be used as sources of drinking water at a later date
or by future residents unfamiliar with the existence of contamination from
Consolidated Freight Incorporated. How were these wells abandoned? Were
appropriate abandonment procedures followed in sealing these wells?
2) A permitted infiltration gallery (WQ0005069) is located within the area for
which the variance has been requested. Are conditions of the permit adequate
to assure that:
(a) the design of this structure meets the requirements of applicable
rules;
(b) the migration of contaminants from the portion of the property
where the release of petroleum hydrocarbons occurred will be
prevented such that groundwater beneath the surficial aquifer
1
,.
is not likely to have Benzene, Ethylbenzene, Toluene, Xylene
(-o,-m, and -p), lsopropyl Ether, and Ethylene Dibromide at
concentrations in exceedence of the 1 SA NCAC 2L .0202
standards;
(c) the migration of contaminants from the portion of the property
where the release of petroleum hydrocarbons occurred will be
prevented such that groundwater beneath surrounding
properties is not likely to have Benzene, Ethylbenzene,
Toluene, Xylene (-o,-m, and -p), lsopropyl Ether, and Ethylene
Dibromide at concen,trations in exceedence of the 1 SA NCAC
2L .0202 standards; and
(d) a violation of surface water standards contained in 1 SA NCAC
28 as a result of the overspillage of contaminated water from
the permitted facility will be prevented?
(Please contact Brian Wagner [phone] in the Groundwater Section
Permits and Compliance Branch if you need technical assistance on this
issue.)
3) The company has submitted information showing that groundwater movement
at the site is approximately 18 feet per year. Is this information accurate?
4) The information submitted by the Consolidated Freight Incorporated shows
that the company intends to sell this property in the event a variance is
-granted. What legal mechanisms currently exist that will assure notification
of future owners of this property of the contamination at the site and that
groundwater use will be restricted?
Please include a discussion of these issues with your recommendations pursuant to
the information requested in the June 19, 1996 memorandum. If possible please send your
recommendation and comments concerning this variance request to me by Monday, August
12, 1996.
ATTACHMENT:
cc: Arthur Mouberry
Groundwater Section Assistant Chiefs
_ David Hance
Brian Wagner
Dr. Ken Rudo
2
DIVISION OF WATER QUALITY
GROUNDWATER SECTION
July 22, 1996
MEMORANDUM:
TO:
FROM:
Barbara Christian, Regional Groundwater Hydrogeological Supervisor,
Mooresville Regional Office
Arthur Mouberry, P.E., a /
Chief, Groundwater Secti ~ ( ~
SUBJECT: Division of Epidemiology's Concerns about the Variance Request from
Consolidated Freightways Incorporated (Former James Farm, Incorporated) in
Statesville, North Carolina {DEM Groundwater Incident Number 5484}.
On June 19, 1996 a request for variance from Corrective Action Plan (CAP) rules and
the Groundwater Quality Standards was sent to the Mooresville Regional Office to conduct
a technical review for a site owned by Consolidated Freightways Incorporated of
Statesville, North Carolina (Groundwater Incident Number 5484). In addition to requesting
review of this variance, we also asked the Division of Epidemiology to provide an evaluation
of the risk assessment methodology used by the company in the supporting information
submitted for the variance. During discussions with Groundwater Section staff Dr. Ken
Rudo raised a number of concerns about this variance· request. A summary of these issues
are shown below as follows:
1) There is no information showing that the unused wells identified in the
variance request could not be used as sources of drinking water at a later date
or by future residents unfamiliar with the existence of contamination from
Consolidated Freight Incorporated. How were these wells abandoned? Were
appropriate abandonment procedures followed in sealing these wells?
2) A permitted infiltration gallery (WQ0005069) is located within the area for
which the variance has been requested. Are conditions of the permit adequate
to assure that:
(a) the design of this structure meets the requirements of applicable
rules;
(b) the migration of contaminants from the portion of the property
where the release of petroleum hydrocarbons occurred will be
prevented such that groundwater beneath the surficial aquifer
1
DIVISION OF WATER QUALITY
GROUNDWATER SECTION
July 22, 1996
MEMORANDUM:
TO:
FROM:
Barbara Christian, Regional Groundwater Hydrogeological Supervisor,
Mooresville Regional Office
Arthur Mouberry, P.E., M J
Chief, Groundwater Sectit_j!; ( ~
SUBJECT: Division of Epidemiology's Concerns about the Variance Request from
Consolidated Freightways Incorporated (Former James Farm, Incorporated) in
Statesville, North Carolina {DEM Groundwater Incident Number 5484}.
On June 19, 1996 a request for variance from Corrective Action Plan (CAP) rules and
the Groundwater Quality Standards was sent to the Mooresville Regional Office to conduct
a technical review for a site owned by Consolidated Freightways Incorporated of
Statesville, North Carolina (Groundwater Incident Number 5484). In addition to requesting
review of this variance, we also asked the Division of Epidemiology to provide an evaluation
of the risk assessment methodology used by the company in the supporting information
submitted for the variance. During discussions with Groundwater Section staff Dr. Ken
Rudo raised a number of concerns about this variance-request. A summary of these issues
are shown below as follows:
1) There is no information showing that the unused wells identified in the
variance request could not be used as sources of drinking water at a later date
or by future residents unfamiliar with the existence of contamination from
Consolidated Freight Incorporated. How were these wells abandoned? Were
appropriate abandonment procedures followed in sealing these wells?
2) A permitted infiltration gallery (WQ0005069) is located within the area for
which the variance has been requested. Are conditions of the permit adequate
to assure that:
(a) the design of this structure meets the requirements of applicable
rules;
(b) the migration of contaminants from the portion of the property
where the release of petroleum hydrocarbons occurred will be
prevented such that groundwater beneath the surficial aquifer
1
is not likely to have Benzene, Ethylbenzene, Toluene, Xylene
(-o,-m, and -p), lsopropyl Ether, and Ethylene Dibromide at
concentrations in exceedence of the 1 SA NCAC 2L .0202
standards;
(c) the migration of contaminants from the portion of the property
where the release of petroleum hydrocarbons occurred will be
prevented such that groundwater beneath surrounding
properties is not likely to have Benzene, Ethylbenzene,
Toluene, Xylene (-o,-m, and -p), lsopropyl Ether, and Ethylene
Dibromide at concentrations in exceedence of the 1 SA NCAC
2L .0202 standards; and
(d) a violation of surface water standards contained in 1 SA NCAC
2B as a result of the overspillage of contaminated water from
the permitted facility will be prevented?
(Please contact Brian Wagner [phone] in the Groundwater Section
Permits and Compliance Branch if you need technical assistance on this
issue.)
3) The company has submitted information showing that groundwater movement
at the site is approximately 18 feet per year. Is this information accurate?
4) The information submitted by the Consolidated Freight Incorporated shows
that the company intends to sell this property in the event a variance is
granted. What legal mechanisms currently exist that will assure notification
of future owners of this property of the contamination at the site and that
groundwater use wi 11 be restricted?
Please include a discussion of these issues with your recommendations pursuant to
the information requested in the June 19, 1996 memorandum. If possible please send your
recommendation and comments concerning this variance request to me by Monday, August
12, 1996.
ATTACHMENT:
cc: Arthur Mouberry
Groundwater Section Assistant Chiefs
David Hance
Brian Wagner
Dr. Ken Rudo
2
NOTE: 07 /19/96
REVIEW AND SIGNA TUR£ NEEDED IN ARTHUR'S ABSENCE!!!!!
TO: Ted Bush,
SUBJECT: DR . KEN RUDO'S CONCERNS ABOUT THE CONSOLIDATED FREIGHT
INCORPORATED VARIANCE REQUEST(GW INCIDENT# 5484).
It is my understanding that in Arthur Mouberry's absence you are acting Section Chief. Here
is a memo from Arthur Mouberry to the Mooresville Regional Office requesting that they address
concerns that Dr. Ken Rudo has raised during his review of the risk assessment methodology for
this variance. I sent this to Rudo about a week ago and he called telling me it looks OK to him and
that we should mail it out. Carl Bailey has reviewed this memo and is satisfied with it. The
consultant for Consolidated Freightways, S& ME Inc., called today asking about this. Since Arthur
will be back on August 5th we may be able to expedite the review of this request if you can sign
FOR him. Attached to the letter is the another letter we sent on the 19 th of June asking the
Mooresville Region to conduct a technical review of this request. Assuming we can girt this out
next week, we have requested that the MRO send us their response to the variance request and
this letter by August 12, 1996. If you need additional information, please feel free to get a hold of
me at 715-6189.
David Hance
cc: Carl Bailey
1
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
June 19, 1996
MEMORANDUM:
TO:
FROM:
Barbara Christian, Regional Groundwater Hydrogeological Supervisor,
Mooresville Regional Office
Arthur Mouberry, P.E., ~
Chief, Groundwater Section
SUBJECT: Review of Request for Variance from 1 SA NCAC 2L .0106 Corrective Action
Plans and 1 SA NCAC 2L .0202 Groundwater Quality Standards by the
Consolidated Freightways Incorporated (Former James Farm, Incorporated) in
Statesville, North Carolina {DEM Groundwater Incident Number 5484}.
Please review the attached request for a variance from the Corrective Action Plan
(CAP) rules and the Groundwater Quality Standards. Review the request in terms of the
requirements of 1 SA NCAC 2L .0106 Corrective Action to determine if a no corrective
action would be as effective as continuing an active CAP to remediate groundwaters at this
site. If a determination is made that a CAP involving groundwater remediation is not
necessary, please review the request for a variance in terms of the requirements itemized
in 1 SA NCAC 2L .0113, (c) (1 -9), and (d). Verify technical data provided in support of the
request. The company is requesting that current remediation efforts at this site cease. If after
completing this review the regional office believes this variance request should go forward
to the Director, we request that a letter from the responsible party, Consolidated Freightways
Incorporated, be submitted with your response stating that the company intends to obtain
a variance as described in the request.
Please prepare a letter for the Director's signature providing your conclusions
regarding the request for relief from corrective action plans under 1 SA NCAC 2L .0106, the
variance request, and any additional requirements that are deemed appropriate.
A copy of this request has been sent to Dr. Ken Rudo, Division of Epidemiology, for
review of the risk assessment methodology.
If possible please return your recommendatiori • fonday July 22, 1996.
ATTACHMENT:
cc: Carl Bailey
Burrie Boshoff
David Hance
t+o
$"'pt> '~
~1"~'
NOTE: 07 /19/96
REVIEW AND SIGNATURE NEEDED IN ARTHUR'S ABSENCE!!!!!
TO: Ted Bush,
SUBJECT: DR. KEN RUDO'S CONCERNS ABOUT THE CONSOLIDATED FREIGHT
INCORPORATED VARIANCE REQUEST(GW INCIDENT# 5484).
It is my understanding that in Arthur Mouberry's absence you are acting Section Chief. Here
is a memo from Arthur Mouberry to the Mooresville Regional Office requesting that they address
concerns that Dr. Ken Rudo has raised during his review of the risk assessment methodology for
this variance. I sent this to Rudo about a week ago and he called telling me it looks OK to him and
that we should mail it out. Carl Bailey has reviewed this memo and is satisfied with it. The
consultant for Consolidated Freightways, S& ME Inc., called today asking about this . Since Arthur
will be back on August 5th we may be able to expedite the review of this request if you can sign
FOR him. Attached to the letter is the another letter we sent on the 19th of June asking the
Mooresville Region to conduct a technical review of this request. Assuming we can get this out
next week, we have requested that the MRO send us their response to the variance request and
this letter by August 12, 1996. If you need additional information, please feel free to get a hold of
me at 715-6189 .
David Hance
cc: Carl Bailey
1
NOTE: 07 /19/96
REVIEW AND SIGNA TUR£ NEEDED IN ARTHUR'S ABSENCE!!!!!
TO: Carl Bailey,
SUBJECT: DR. KEN RUDD'S CONCERNS ABOUT THE CONSOLIDATED FREIGHT
INCORPORATED VARIANCE REQUEST(GW INCIDENT# 5484).
Here is a memo from Arthur to the Mooresville Regional Office requesting that they address
concerns that Ken Rudo has raised during his review of the risk assessment methodology for this
variance. I sent this to Rudo about a week ago and he called telling me it looks OK to him and that
we should mail it out. Please let me know if any changes are needed. The consultant for
Consolidated Freightways, S& ME Inc., called today asking about this. Since Arthur will be back on
August 5th we may be able to expedite the review of this request if you can sign FOR him.
Attached to the letter is the letter we sent on the 19 th of June asking the Mooresville Region to
conduct a technical review of this request. If we can get this out next week, we have requested
that the MRO send us their response to the variance request and this letter by August 12, 1996. If
you need additional information, please feel free to get a hold of me at 715-6189.
, ,., Sincerely, / ? I . /
c__;_<fJu/'~ %'~
David Hance
1
A copy of this variance request has been sent to the
Mooresville Regional Office for technical review. The variance was
also sent to Dr. Ken Rudo, Division of Epidemiology, for review of
the risk assessment methodology. If you need to discuss this
request, please feel free to contact me at 715-6170.
ATTACHMENT:
cc: Groundwater Assistant Chiefs
David Hance
~5 ~
N~·
Yl~
01-\ \
~
~
NCDEHNR-Groundwater Section
Variance Request
S&ME Project No. 1354-96-368
May 16, 1996
Action Plan (Dated January 23, 1991), and (4) 24 monthly effluent (treatment system)
analyses reports, four quarterly and three annual progress reports for the groundwater
pump and treat system submitted between November 1991 and June 3, 1994 .
1.2 Permits Issued by the State
I -~-·-_. -~T~7 _fol!o~in~~"~:~~:~\t':~ ~~~~9.~_ to_~~·-~~~}~~ ~~te~ (1 )~~~~n~-i-~charge ~P~r~it_ . ·•·
; #WO0003980 issued · on Septemoer 14,1990 for -:tne operation of lanaa,spo~al ·-· ·-----·
(application) of 4100 cubic yards of petroleum (gasoline and diesel) contaminated soils
over 12-acres of inactive farm land on-site. (2) A Non-Discharge Permit #WO0005069
issued on September 13, 1991 for construction and operation of a groundwater collection,
treatment, and disposal (hydraulically upgradient infiltration gallery) system. Permit
#WQ0003980 has since expired, as ciosure of the land applied soils was obtained from
the NCDEHNR-MRO. Permit #WO0005069 should be extended, as CF requested an
extension in March 1996._
1.3 Most Recent State Correspondence Concerning Remediation System
The most recent correspondence from the NCDEHNR-MRO was on December 2, 1993,
and stated that "the MRO agrees that the system should be turned off at this time. The
system must remain in an operational status for a period of at !east one year, during
which time the groundwater will be monitored by Qollecting quarterly samples from BMW-
1 /RW-4 and RT-1." After three quarters of groundwater monitoring, slight increases in
benzene and total xylene concentrations (above the 2L standards) were measured in
these two wells. The system was re-activated from June 1, 1994 through September 1,
1994. In October 1994, S&ME stopped work on this project as the budget was expended
and no additional work was authorized by CF. The operational readiness of the system
2
I •
A copy of this variance request has been sent to the
Mooresville Regional Office for technical review. The variance was
also sent to Dr. Ken Rudo, nj_vision of Epidemiology, for review of
the risk assessment methodology. If you need to discuss this
request, please feel free to contact me at 715 -6170.
ATTACHMENT:
cc: Groundwater Assistant Chiefs
David Hance
Ti? A tL; MI 5 SI O t-~ REPORT
Mr. Mouberry
April 2, 1993
page two
The aforementioned application was sent to the Groundwater
Section, Central Office by the Raleigh Regional Office May 14,
1992. However, because the original request was not from Lee•
Moore Oil Company, a separate request was filed January 18,
1993, received January 20, 1993 (see attached). Also attached
is additional information provided by Del ta in their letter
dated January 15, 1993.
(c) The application should contain the following
information:
(1) Applications filed by counties or municipalities
must include a resolution of the County Board of
Commissioners or the governing board of the
municipality requesting the variance from Water
Quality Standards which apply to the area for
which the variance is requested.
This item does not apply to Lee-Moore Oil Company/Amoco
T-Mart since it is a privately owned facility.
(2) A description of the past, existing or proposed
activities or operations that have or would
result in a discharge of contaminants to the
groundwaters.
This item is addressed in the variance request dated April
30, 1992 under site activities and present activities (See
attached).
(3) Description of proposed area for which a
variance is requested. A detailed location map,
showing the orientation of the facility,
potential for groundwater contaminant migration,
as well as the area covered by the variance
request, with reference to at lease two
geographic references (numbered roads, named
streams/rivers, etc.) must be included.
This item is addressed on page 3 of the variance request
dated April 30, 1992 under "Requested Variance Area" and
depicted by the attached site maps located in the report dated
January 15, 1993 (See figures 1-8).
(4) Supporting information to establish that the
variance will not endanger the public health and
safety, including health and environmental
effects from exposure to the groundwater
contaminants. (Location of wells and other
water supply sources including details of well
construction within 1/2 mile of site must be
shown on a map).
Mr. Mouberry
April 2, 1993
page three
This item is addressed on page 3 of the variance request
document dated April 30, 1992 under the item entitled
"Supporting Information". There are no wells or water supply
sources within 1/2 mile of this site. This had been confirmed
by regional office staff during previous site visits.
Additional information relative to health exposure fate and
migration pathways was addressed in the January 15, 1993
report, (Attachment III).
(5) Supporting information to establish that
standards cannot be achieved by providing the
best available technology economically
reasonable. This information must identify
specific technology considered, changes in
quality of the contaminant plume as demonstrated
through predictive calculations approved by the
Director, and technological constraints which
limit restoration to the level of the standard.
This item is discussed in the variance request dated April
30, 1992 under the "Supporting Information" paragraph. Free
product recovery, groundwater pump and haul, pump and treat,
soil venting and additional soil removal has been used on this
site at a cost of well over $200,000 dollars. In the report
dated January 15, 1993, (Attachment IV) an EPA approved
"Vertical and Horizontal Spread" (VHS) model was used to
predict the concentration of certain contaminants at the
property boundary. This was found to be acceptable. Due to
previously mentioned information concerning the isolated nature
of the contaminant plume, lack of recharge, lack of groundwater
use in this town and other factors, we do not believe this
incident poses a threat to human heal th or the environment.
Additional restoration will occur through natural remediation
mechanisms such as biodegradation.
(6) Supporting information to establish that
compliance would produce serious hardship on the
applicant.
This information is provided in the January 15, 1993
report, (Attachment I). Federated Insurance has paid out over
$200,000 to reach the current level of this incident~ Some of
the best available technology has been used so far. Additional
remedial activities would not be cost effective given the other
facts of this incident and would not likely achieve additional
and significant levels of cleanup.
Mr. Mouberry
April 2, 1993
page four
(7) Supporting information that compliance would
produce serious hardship without equal or
greater public benefit.
Another amount equal to or exceeding the amount spent thus
far could be expended, however, it is doubtful that full
compliance with the standards can be met in the foreseeable
future. Given this location and lack of of groundwater use,
additional active cleanup is not cost effective.
(8) A copy of any Special Order that was issued in
connection with the contaminants in the proposed
area and supporting information that applicant
has complied with the Special Order.
No Special Order was issued for this site. Because the
responsible party and their agents acted responsibly, a Special
Order was not warranted.
(9) A list of the names and addresses of any
property owners within the proposed area of the
variance as well as any property owners adjacent
to the site covered by the variance.
The names and addresses of property owners within and
adjacent to the proposed area of variance and the site are
listed in Table 2 of the variance request and shown in an
accompanying figure.
It is the feeling of the Groundwater Section of the
Raleigh Regional Off ice that a variance from 2L standards is
justified. NCAC Title 15A 2L .0202 Water Quality Standards
states .. "Where groundwater quality standards have been exceeded
due to man's activities, restoration efforts shall be designed
to restore groundwater quality to the level of the standard or
as closely there to as practicable".
Mani taring well number 4 which is the only well showing
benzene contamination during monitoring activity is down to
three ( 3) parts per billion (ppb). The standard is one ( 1)
ppb. It is inconceivable, that based on the location of this
site and the fact that there is no groundwater use in the
variance requested area, this site corild be any threat to human
health or the environment. The Regional Office supports this
variance request. We feel that the site .can be properly
monitored with semi-annual sampling events until monitoring
well 4 shows no further evidence of contamination.
Should you have additional questions or comments, please
call Mr. Jay Zimmerman or Mr. Tom Arrington at the RRO at (919)
571-4700.
A memorandum to the Director is attached for your review.
...
DIVISION OF ENVIRONMENTAL MANAGE1\1ENT
GROUNDWATER SECTION
June 20, 1996
l\1EMORANDUM
TO: David Hance
THROUGH: Carl Bailey /jtf7
FROM: Randy Prillam~
SUBJECT: State of Wellhead Protection in Iredale County
In your memo dated June 19., 1996, the request was made for information
regarding the Wellhead Protection status of several wells in Iredale County. To date, no
Wellhead Protection Programs have been approved in the State of North Carolina.
If you require additional assistance, please contact me at [phone].
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
June 19, 1996
MEMORANDUM:
TO: Randy Prillaman
THROUGH: Carl Bailey U;
FROM: David Hance(J},t)--
SUBJECT: Request for the Status of Wellhead Protection Near the
Area of a Proposed Variance Request for Consolidated
Freightways Incorporated (Former James Farms, Inc.)
{Groundwater Incident# 5484}.
On June 3, 1996 the Groundwater Section received a variance
request from S&ME Incorporated on behalf of Consolidated
Freightways Incorporated for a site identified as Groundwater
Incident# 5484. The company has requested variance from corrective
action. In addition, Consolidated Freightways Incorporated has
requested variance from Groundwater Quality Standards in 15A NCAC
2L .0202 for the 11 surfical aquifer".
In examining the information included in this ~equest, I have
found that two municipal water supply wells exist near the area
proposed for variance. According to the attached information
supplied by the person requesting the variance these wells are
owned by the Iredell County Water Corporation. These wells are
believed to be six inches in diameter, 400 feet deep, and yield
between 16,000 and 40,000 gallons per day. These municipal water
supply wells are located 0.8 miles away from this site. The contact
listed for the Iredell County Water Corporation is Mr. Keith
Snoddy.
Although the wells themselves are outside the 1/2 mile radius
for evaluating water use pursuant to 15A NCAC 2L .0113(c) (4), more
information is needed on the wellhead protection area for the
Iredell County Water Corporation. Prior to proceeding to the
Director for permission to provide notice of public hearing on this
variance pursuant to 15A NCAC 2L .0113(d), we need to have a clear
idea of the boundaries of the wellhead protection area for these
municipal wells and their relationship to the property owned by
Consolidated Freightways Incorporated. Please gather any
information that you have on file related to this site. Attached
is a map showing the site and major roadways. If possible, please
return your response to me with the map showing boundaries of the
wellhead protection area that are at or within the 1/2 mile radius
of the site, if they exist, by Monday, July 22, 1996. If you need
tr discuss this with me, feel free to call 715-6189.
1
A copy of this variance request has been sent to the
Mooresville Regional Office for technical review. The variance was
also sent to Dr. Ken Rudo, Division of Epidemiology, for review of
the risk assessment methodology.
ATTACHMENTS:
cc: Carl Bailey
2
NCDEHNR-Groundwater Section
Variance Request
S&ME Project No. 1354-96-368
May 16, 1996
groundwater quality results indicate that the bedrock aquifer at MW-8 and the lower
portion of the surficial aquifer at MW-7 are still "clean".
Considering current dissolved hydrocarbon levels and that no drinking water supply wells
are located downgradient within 0.5-mile of the site, continued remediation is not expected
to significantly reduce the potential impact to public health and the environment. The
groundwater plume does not appear to be migrating outside of the more permeable
recovery trench area, as evidenced by the April 22, 1996 groundwater quality results.
~~~-~-----:; ...... -};frefdre~ME~equests_.::tt,at--rid4urther -remediation-occur-at-4his 3site.28nd-4haLa_i;:::~-:-, __ -, .
Variance be granted for the surficial aquifer beneath the CF site.·
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NCDEHNR-Groundwater Section
Variance Request
S&ME Project No. 1354-96-368
May 16, 1996
the silty saturated soils on-site, and a hydraulic gradient of 0.02, the groundwater velocity
is estimated at 0.05 ft./day or 18 ft/year. At this groundwater flow rate, it woul_d take
groundwater from the area of RT-1 30 years to reach the nearest downgradient pond
located 550 feet away. Within this time frame, the entire groundwater plume is expected
to be n_aturally degraded by intrinsic bioremediation.
The nearest downgradient receptors of the CF groundwater plume include three unnamed l .... -
]
~---.a'!.· :·fa(f11,,J)Onds,.:.~~ ?-.hQ~Q JQ,_f!~,~!~?:l?_pog~aP.hi? M_ap: The nearest pond relative to the
former tarik pit #1 . (for;,,er source) a~e~'"'i~-55() f~~t~ ;_;~ secol1Cl'p0ndis iocated-'-9004eet (::.r""";;:-;-~--
]
··,\:)
!J
;~
_:.::~.i -·,-,,
·-·
71
½ ~,
~·
~ ~ I--~--
'
from former tank pit # 1. A third intermittent pond is located 1120 feet from the former
t~nk pit #1. These three ponds drain southwest into an unnamed creek, which eventually
flows into Fourth Creek and then drains into the Yadkin River. S&ME is not aware of
other potential receptors (i.e. surface water bodies, private or public wells, basements, or
excavations) within 0.5-mile of the site.
Fig·ure 8 -May 3, 1996 Water Well S~rvey Map Within 0.5-Mlle Radius of the CF Site . . . . _:. . . -_. . '~~ ..
indicates the location of all wells within 0.5-mile radius ·of the CF site.' The niap ·was
modified from _ the City of Statesville Street map. Six drinking water supply wells were
found at seven residences along James Farm Road. These six water supply wells are not
hydraulically downgradient of the CF groundwater plume. Two residences (The
Wellhamn's) share the same vvell, as shown in Figure.a and Appendix 5. Five of the six
private water supply wells are the sole source of drinking water supply for these
residences. The Mark White residence (Private Water Well #4) is also on City water . No
other wells (monitor, irrigation or water supply) were identified on adjacent properties or
within the well survey area.
9
NCDEHNR-Groundwater Section
Variance Request
S&ME Project No . 1354-96-368
May 16, 1996
4.1 Measured Intrinsic Bioremediation in On-site Groundwater
It is now understood that a wide variety of hydrocarbons dissolved in groundwater will
biodegrade, without artificial enhancement, due to the presence of indigenous microbes.
The demonstration of "intrinsic bioremediation requires multiple supporting lines of
evidence, including contaminant losses and evidence that bioremediation is occurring in
the field (Chevron, 1995). Evidence of intrinsic bioremediation can be measured in the
field using the indicator , parameters listed .below, recommended in the March 1995 _ _ --~-_---~--_~·::i·:_:.:.:;\~ ,.,:.i:".'i,~·_:1"'.:.-.. _:-,.~.:-.~:_:/\~ .. -: , -·'.:-·-~<-·, :;_:·' · ::~ · .. · . •; . ,·.;. a ... ,. • :-··': ·:· ':···. • .• -. ·~ __ :_·_-~_::-. • .. > -c··.c.. ~ :.• ·--.• --: • :.· .... I?~-----_•. :····:··~ • ; • ; ··-:_~-.-·.: · ........... :~_::.'.,-_';: :· _:·:·.,.::~~ ... ;..~-~~,;-·,).:
Chevron Research and Technology Company's Health, Environment, ana Safety Group .
paper "Protocol for Monitoring Intrinsic Bioremediation in Groundwater". These
parameters and field results are:
Field Measurements on May 8 . 1996
Well ID DO Ter:np pH Cond Fe'' Alkalinity ORP Nitrate Sulfate BTEX-Lll2$
(mg/L) (°F) (uS/cm) (mg/L) (mg/L) (mv) (mg/L) (mg/L) (ug/L)
MW-3 6.2 72.5 7 .79 174 0.4 34 213 >5 125 BQL•
MW-4 , .. , 6 . 66.1-_--., 8.11 -209 .0.4 34 . 200 ->5 50 BQL
MW-5 5.5 74 5.38 290 0.6 51 234 50 BQL
MW-6 5.2 74.1 6.19 110 0.4 51 273 >5 100 BQL
MW-7 1.5 67.1 6.21 199 0.2 68 164 >5 25 BQL
MW-8 6 .5 64 6 .26 236 0 85 176 0 75 BQL
RT-1 2.8* ~ lli 323 >10 204 :ill Q Q 1215
RW-2 0.8 68.7 5 .26 164 3.6 107 -30 0.1 125 BQL
RW-3 0 .8 71.7 5.52 216 4.9 119 -49 0 75 BQL
BMW-1/RW-4 69.1 5.59 195 4.6 119 87 0 100 BQL
Notes:
DO = Dissolved Oxygen
Temp = Temperature
Cond = Conductivity
ORP = Oxidation-Reduction Potential
Fe2• = Ferrous Iron
BQL = Below Quantitatidn Limits
MW-3, MW-4, MW-5, MW-6, MW-7 & MW-8 = Outside of plume wells
13
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NCDEHNR-Groundwater Section
variance Request
S&ME Project No. 1354-96-368
May 16, 1996
5 EVALUATION OF FURTHER REMEDIAL ALTERNATIVES
Groundwater pump and treatment technology provides effective treatment when dissolved
contaminant concentrations ar~ hig~ and the groundwater plume is relatively small, such
that there is not a great distance for the contaminant to travel to the recovery well. Pump
and treat is most useful for controlling plume migration, as demonstrated at this site.
However, as concentrations of dissolved hydrocarbons decrease to near asymptotic
levels, such as now exist at the James Farm site, the benefits of further remediation
--de-crease. using---'--pomp~ridccfreat--technology. ___ _Ibis __ te_chn9log.Y. .bY .. · i~self, .. will n9t .. likely
. ~,.., . ~ .• . ' .:,.,
reduce the existing contaminant levels below the 2L groundwater stanaards with a .
reasonable time frame. S&ME considernd several alternatives that may decrease the
remaining dissolved hydrocarbon. levels. At the time of development of the CAP in 1990,
pump and treat technology was considered the best available technology and is still
considered effective today in many cases.
One technology considered was enhanced bioremediation. This method involves the
addition of nutrients {N, K, P, etc.) and oxygen into the groundwater. Permitting of in-situ
bioremediation is expensive and time consuming, as compared to other alternatives.
Natural or intrinsic bioremediation is presently occurring, as demonstrated in Section 4.1,
and will likely degrade the contaminants to below 2L standards. This active remediation
method appears to be the best available technology in some cases for the future, in terms
of cost effectiveness.
Alterna!ively, the injection of air under pressure into saturated soils (or air sparging), has
proven at some sites to be the_be~tavailable technology to treat volatile contaminants to
below 2L standards. This technology was utilized by S&ME until 1993. It is S&ME's
understandir,g that new NCDEHNR guidelines require air sparging b~ performed only in
17
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TABLE 1 ---. HISTORICAL GROUNDWATER QUALITY
CONSOLIDATED FREIGHTWAYS, INC.
FORMER JAMES FARM SITE
STATESVILLE, NC
S&ME PROJECT NO. 1354-96-368
I I I i I I I wr I SAMPLE I BENZENE! TOLUENE:ETHYLBENZENEi XYLENES I MTBE: IPE I EDS 601 I -;,;__ ! DATE i I I I I i I ! i
W-1/RW-4 I 4/23/90 1 9300 ! 29000 1 23001 130001 I I ' 0 l !
2/26/92 1 15000 51000 1 3900 1 25000 1 ! I I 47 ! I
' I 6/15/92! 15001 19001 4201 3700! i I ! 22 1 I I I
i 10/27/921 251 2! 01 45 1 21 4 ! 9.41 171 !
' 10/12/93 I 01 01 0 01 I I I 0! I ' I 2/8/941 1 1 11 01 61 I I 01 I
I 5/11/94 I 361 5 j 0 1 1201 I I 01 I
I 9/1/941 2 1 O! 0 1 5 1 I I 0 1 I
I 4/22/96 1 0 1 0 1 01 01 01 0 I 0 1 I
I ' V-3 I 7/29/901 0 1 01 0 1 01 I i O! I
I 2/26/921 0 01 0 01 I I 01 I
I 6/15/921 0 1 O[ 01 1 1 I I 2 ! I
I
i 10/27/92 1 0 1 01 OI 0 1 0 1 0 1 0 1 Oi I
I 9/1/94 I 31 21 DI 3 1 I I i I I
I 4/22/96 1 0 01 0 01 01 0 i 0 1 I
'v-_4 I . _ 7/~9[~0 1 0 OI 0 0 1 I i 01 I -·--.
10/27/92 1 0 0 1 0 0 01 0 b '
·-oT T
I 9/1/941 0 1 2! DI 0 1 I I i ! I
I 4/22/961 0 O! 0 1 01 01 01 I 01 I
N-5 I 7/29/90 1 0 1 01 ol 0 I I 0i I
I 2/26/921 01 O! 0 1 0 1 I I ! 1 :
6/16/921 0 01 0 1 0 I I 0!
10/27/921 0 1 01 0 0 1 01 0 0 1 O!
I 9/1/94 1 0 1 01 0 9 1 I I ! I
I 4/22/96 1 0 1 01 I 0 1 0 1 0 1 I Oi -
I al 0 1 0 1 ; I i N-6 7/29/90 ! 01 I Oi -•,\ I 10/27/921 OI 0 1 0 0 1 0 1 01 01 0 1 i
I 9/1/941 0 01 OI 0 1 I I I I I
4/22/96 [ 0 DI 0 1 0 0 1 01 Oi
W-7 7/29/90 ! 341 1020 1 157 1181 1 I I 01 I
10/27/921 0 DI 0 1 0 01 0 01 01 I
9/1/94 I 0 O! 0 01 I I i I I
4/22/96 / 0 1 01 0 1 0 1 OI 01 O! !
W-8 I 2/26/921 DI DI OI 01 I ! 0 1 i
6/15/921 0 01 0 1 0 I I 11 i
10/27/921 0 DI 0 1 0 01 OI 0 1 Oi i
I 9/1/94! 0 0 1 01 0 I I I I
I 4/22/96 i 0 01 0 1 0 1 0 1 01 I Oi I
I I
T-1 I 2/7/92 1 1730 14701 2081 18901 I I 7 1 I
I 10/27/921 2 1 O! Oi 51 I 4 1 5 1 21 01 I
10/12/931 21 11 0 1 101 I I I 01 I
217/941 37 1 271 4 1 1201 I I 01 ' !
I 3/7/941 0 1 3! 01 7 1 I I : I
I 5/11/941 1801 281 01 6701 I 0 1 I
9/1/941 150 1 661 15 'i 1701 I I O! I
I 4/22/961 860 1 821 831 1901 581 25 ! Di I
'
W-2 I 9/1/941 01 0! 01 01 I I I
I 10/27/921 0 DI 0 1 0 1 01 0 0 O! I
I
10/12/931 0 1 O! 01 01 I 0 1 i
I 4/22/96 i 0 0 1 0 1 0 1 01 01 Qi i
tW-3 I 9/1/94 I 0 1 4! O · 31 I I I
I 10/27/92 ! OI 01 01 01 01 0 1 01 01
I 10/12/931 01 0 1 0 1 o: I I 2!
--/ _,, ; 4/22/96, 0 1 01 01 o: o: 01 i 0
15 Ai-.,C 2L i 1 I 1000 1 29 ! 530 1 70IMDL I 0.0004IVARIES
iTANDARDS l I I i i ! I
' I
~OTES : ALL CONCENTRATIONS IN MICROGRAMS PER LITER (ug/L) I i I I I
' I I ' ! ' ! ' ;
A copy of this variance request has been sent to the
Mooresville Regional Office for technical review. The variance was
also sent to Dr. Ken Rudo, Division of Epidemiology, for review of
the risk assessment methodology. If you need to discuss this
request, please feel free to contact me at 715-6170.
ATTACHMENT:
cc: Groundwater Assistant Chiefs
David Hance
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
June 19, 1996
MEMORANDUM:
TO:
FROM:
SUBJECT:
Barbara Christian, Regional Groundwater Hydrogeological Supervisor,
Mooresville Regional Office
Arthur Mouberry, P.E ., e
Chief, Groundwater Section
Review of Request for Variance from 15A NCAC 2L .0106 Corrective Action
Plans and 15A NCAC 2L .0202 Groundwater Quality Standards by the
Consolidated Freightways Incorporated (Former James Farm, Incorporated) in
Statesville, North Carolina {DEM Groundwater Incident Number 5484}.
Please review the attached request for a variance from the Corrective Action Plan
(CAP) rules and the Groundwater Quality Standards. Review the request in terms of the
requirements of 1 SA NCAC 2L .0106 Corrective Action to determine if a no corrective
action would be as effective as continuing an active CAP to remediate groundwaters at this
site. If a determination is made that a CAP involving groundwater remediation is not
necessary, please review the request for a variance in terms of the requirements itemized
in 15A NCAC 2L .0113, (c) (1-9), and (d). Verify technical data provided in support of the
request. The company is requesting that current remediation efforts at this site cease. If after
completing this review the regional office believes this variance request should go forward
to the Director, we request that a letter from the responsible party, Consolidated Freightways
Incorporated, be submitted with your response stating that the company intends to obtain
a variance as described in the request.
Please prepare a letter for the Director's signature providing your conclusions
regarding the request for relief from corrective action plans under 1 SA NCAC 2L .0106, the
variance request, and any additional requirements that are deemed appropriate.
A copy of this request has been sent to Dr. Ken Rudo, Division of Epidemiology, for
review of the risk assessment methodology.
If possible please return your recommendation to me by Monday July 22, 1996.
ATTACHMENT:
cc: Carl Bailey
Burrie Boshoff
David Hance
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NCDEHNR-Groundwater Section
Variance Request
S&ME Project No. 1354-96-368
May 16, 1996
natural and pumping conditions. During operation of the groundwater pump and treat
system, the entire groundwater plume was captured by the recovery well systern, as
indicated 'in some of these maps in Appendix 3.
Figure 11 illustrates the BTEX isoconcentration map in groundwater on April 22, 1996.
The laboratory results indicate that all Method 601 and 602 analytes were below
quantitation limits in groundwater from all wells, except recovery trench well RT-1. This
, ..... ,.;. .. ~ellJ~ insti:iHed in th~ center of the release area (Former Tank Pit #1). Three 2L i
---,~ ~;;~~;;~~~~ ·~a~~aidiil~1~irb~~SWe...; ½etecitecl7or liiis'-welr'(Ele'nze~'•i~-e!lJb;'-.:.:,,_;,;i,;,.+
Ethylbenzene -83 ug/L, and IPE -25 ug/L). The 2L standards for these compounds are !
1 ug/L (Benzene), 29 ug/L (Ethylbenzene) and the method detection limit (1 ug/L) for
IPE. Although contaminant concentrations increased in RT-1 since previous sampling
events in 1994, the groundwater outside of the former tank pit #1 is "clean". The
dissolved hydrocarbons in groundwater appear to be confined to the recovery trench area
and are not likely to migrate beyond MW-5. Table.1 indicates that the downgradient most
monitot well MW-5 has . remained "_clei:in" to .date, MW-5 Js located .100 feet southwest
(hydraulically downgradient) fron,, ~T-1. In addition, the.three nearest dowogradient wells
(AW-4, MW-7, and RW-2} located 30 to 40 feet from RT-1 are "clean".
The vertical extent of the groundwater plume was defined at 46.5 feet below ground
surface-in the bedrock at MW-8. -Historically,-groundwater sampled -from the deep (Type
Ill) bedrock well (MW-8) h.as been and is currently "clean" for Class I Hydrocarbo_n
parameters, as indicated in Table 1. Bedroqk (uofractured granitic gneiss) · was
encountered at 46 feet below ground surface at MW-8. A 5-foot rock core from MW-8
indicated that the bedrock was unfractured to 49 feet below ground surface. Dissolved
hydrocarbons in groundwater were detected in a deep (Type 111) monitor well (MW-7)
which is scn~ened from 43.5 feet to 46 f~et (top of bedrock). The April 22, 1996
4
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Lll.lJID LEVELS
DATE: 4/22/96
TABLE 2
SITE: CONSOLIDATED FREIGHTWAYS-
FORMER JAMES FARM, STATESVILLE, NC
JOB# 1354-96-368
RECORDED BY: Haytham Kasem
1
·1 ---------------------------------. -----------------------
11 I ID # I DTW I DTP I PT I ETW I ETP I ETC I WTE I
,1 1--------------------------------------------------------,
I IG-1 I NA I 0.00 I 0;00 I NA I NA I 894.21 I NA I
I BMW~1/RW-4 I 30.15 j 0.00 I 0.00 I 869.75 I NA I 899.90 I 869.75 I
I
I MW-2 I NA I 0.00 I 0.00 I NA I NA I 900.58 I NA I
I _ MW-3 I 24.73 I 0.00 I 0.00 I 870.66 I NA I 895.39 I 870.66 I
,-·MW-4-----J~-30 .. 63_l _ ___Q,__0QJ_0.0Q___I 869. 71 I NA I 900.34 I 869. 71 I
I MW-5 I 32.51 I 0.00 I -6.00 ,-867~79r--7'1A11300:301-~-86-7-;-79-I
I I MW-6 I 29.71 I 0.00 I 0.00 I 868.90 I NA I 898.61 I 868.90 I
I MW-7 I 31.27 I 0.00 I 0.00 I 869 .03 I NA I 900.30 I 869.03 I
I MW-8 I 32.83 I 0.00 I _0.00 I 867.58 I NA I 900.41 I 867.58 I
I RT-1 I 24. 75 I 0.00 I 0.00 I 868.60 I NA I 893.35 I 8~8.60 I
RW-2 I 28.04 I 0.00 I 0.00 I 868.66 I NA I 896.70 I 868.66 ,1
1 RW-3 I 27.65 I 0.00 I 0._00 I 868.77 I NA I 896.42 I 868.77 I
COMMENTS: Topographic survey ofall wells was performed on 11/5/91
ALL MEASUREMENTS IN FEET
DTW=depth to water from fop of casing
DTP=depth to product
ETC=elevation of top of casing (usu. assumed datum
of 898.5 feet from the 1991 Concord Boundary Survey)
ETP=elevation of top ·of product
ETW=elevation of top of water
PT=prodLict thickness (none present)
WTE=elevation of water table-
Bench mark = SW corner of concrete pad closest to MW-4
NA= Not Available
C:\.WK1 23-Apr-96
N OTE: 06/04/96
TO: Arthur Mouberry,
SUBJECT: RESPONSE TO YOUR QUESTION CONCERNING THE GRANTING OF
A VARIANCE FOR CONSOLIDATED FREIGHTWA YS (GW INCIDENT
# 5484) VERSUS HAVING THEM GET AN AL TERNA TE CORRECTIVE
ACTION PLAN UNDER 15A NCAC 2L .0106.
Today, I received the proposed variance by Consolidated Freightways Incorporated
of Statesville, NC (GW INCIDENT# 5484) from you. In your note you asked if this
site would better qualify for an alternate CAP under 15A NCAC 2L .0106(k}(I) or (m)
than to consider a variance under 15A NCAC 2L .0113. Provided a responsible party
can meet the requirements of 15A NCAC 2L .0113(a-c) to the satisfaction of the
Director, a request may proceed to public hearing and the Environmental Management
Commission. There are no rules requiring responsible parties to determine if a site can
meet the criteria of a 15A NCAC 2L .0106(k), (I) or (m) PRIOR to submitting a request
for a variance. No rule specifies that the responsible party must implement a corrective
action plan under 15A NCAC 2L .0106(k) or (I) prior to requesting a variance. The
rules do not prevent a responsible party from pursuing a variance at a site even if the site
could qualify for "CAP termination" under 1 SA NCAC 2L .0106(m).
It is important to note that in the course of reviewing the information submitted in
a variance request, the Groundwater Section examines the applicability of "best available
technologies" (BAT} under 15A NCAC 2L .0113(c)(S). For example, if the
Groundwater Section staff deems technology that employs natural remediation is a BAT
for a particular site, then a demonstration showing that the requirements of the rules
cannot be met using that technology would need to be made by the person requesting the
variance.
Upon a quick perusal of this request, Consolidated Freightways has submitted
information on the potential effectiveness of "in-situ" bioremediation at cleaning up
0 K ~maining substances at this site. I think the best thing we can do for the moment is to U'Y send this request to the Mooresville Regional Office as we usually do, asking them to
/ LjY review this variance request it to see if the site can meet the criteria of 1 SA NCAC 2L
~ .0106. The Regional Office will also review the request in light of the requirements of
1 SA NCAC 2L .0113(a-c). If after completion of the technical review by the MRO,
the regional office still believes this variance should go forward and the responsible party
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wants to continue pursuing a variance, a letter can be sent directly from Consolidated
Freightways Incorporated clearly stating that the company intends to get a variance from
the EMC. If you need to discuss this with me please feel free to call 715-6189.
David Hance
cc: Carl Bailey
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Please examine the risk assessment methodology in the attached report and provide the
Groundwater Section with a recommendation regarding this request. If possible, the Section
would like to receive your recommended response by July 22, 1996. Upon receiving your
recommendation, the Section will forward a recommendation to the Director of the Division of
Environmental Management.
If you need additional assistance or information please call me at 733-3221.
ATTACHMENT:
cc: Carl Bailey
Dr. Burtie Boshoff
David Hance
Mooresville Regional Office Groundwater Supervisor
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