NCS000532_Final Settlement Agreement_Oak Bark signed_20241014

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF NEW HANOVER 24 EHR 02883
OAK-BARK CORPORATION
Petitioner,
V.
SETTLEMENT AGREEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY, DIVISION
OF ENERGY, MINERAL, & LAND
RESOURCES (NCDEQ/DEMLR)
Respondent.
Oak-Bark Corporation ("OBC or Petitioner") and the Division of Energy, Mineral and
Land Resources ("DEMLR") of the North Carolina Department of Environmental Quality ("the
Department, NCDEQ, or Respondent"), (collectively referred to as "the Parties"), hereby enter
into this Settlement Agreement("Agreement") in order to resolve matters in controversy between
them pursuant to N.C. Gen. Stat. § 150B-31(b).
OBC owns property located at Oak-Bark Corporation—Riegelwood, 333 Neils Eddy road,
Riegelwood, NC 28456 (the "Site"). The Site had previously been operating under NDPES
Stormwater Permit NCS000532. On June 26,2024,the Department issued a new permit(the"New
Permit"). The Site and certain adjoining parcels are identified as the former Wright Chemical
Corporation Superfund Site (EPA ID: No. NCD024766719).
OBC filed a Petition for a Contested Case Hearing("Petition") ("File No. 24 EHR 02883")
in the Office of Administrative Hearings ("OAH") on July 26, 2024, challenging issuance of the
New Permit.

This Agreement shall not be construed to be a determination on the merits of any factual
allegations or legal claims advanced by any parry to this above-styled matter. Without any hearing
of fact or law in the above-styled matter, IT IS THEREFORE AGREED BY THE PARTIES
THAT:
1. In order to avoid the cost and delay of litigation, the Parties have entered into this
Agreement and have agreed that all Parties have been correctly designated and that there is no
question as to misjoinder or nonjoinder.
2. According to the terms listed below and specifically provided that OBC complies
fully and completely with each and all of them,and with the understanding that OBC shall continue
its regulatory obligations as part of the Superfund action, the Parties have agreed that:
a. OBC shall submit a complete signed recission request' for its coverage under
the New Permit to DEMLR within fourteen days of execution of this
Agreement;
b. DEMLR shall rescind the New Permit within fourteen days after the
rescission request is received; and
c. Within seven days after rescission of the New Permit, OBC shall file a
Withdrawal of Petition and/or Dismissal with Prejudice of its Petition with
OAH.
3. The Parties agree that the consideration for this Settlement is the promises
contained herein and that this Agreement contains the whole Agreement between them.
4. This Agreement shall be binding upon the Parties, their successors and assigns,
upon execution by the undersigned, who represent and warrant that they are authorized to enter
into this Agreement on behalf of the Parties hereto.
1 https://www.deq.nc.gov/energy-mineral-and-land-resources/stormwater/npdes-miscellaneous-forms/npdes-
rescission-form-20210629-demlr-sw/download
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5. This Agreement may be executed in two or more counterparts, each of which shall
be deemed to be an original, but all of which together shal I constitute one and the same instrument.
6. The terms of this Agreement shall become effective upon the signature of the last
party to approve the Agreement.
FOR OAK-BARK CORPORATION FOR THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL
QUALITY, DIVISION OF ENERGY,
1 MINERAL, AND LAND RESOURCES
William E. Oakley William E. Toby Vinson, Jr., PE, PM
Chairman, Oak-Bark Corporation Interim Director
Date: /4 /0 Z Date: 10/14/2024
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