NCG200335_Response to NOV_20140502

Robinson
Bradshaw
May 2, 2014
VIA EMAIL AND CERTIFIED MAIL
Danny Smith
Regional Supervisor
Water Quality Operations, Raleigh Regional Office
North Carolina Department of Environment and Natural Resources
1628 Mail Service Center
Raleigh, NC 27699-1628
William W. Toole
Charbtte Office
704.377.8373 Direct Phone
704.373.3973 Direct Fax
wtooleOrbh.conn
rbh.com
Re: Notice of Violation NOV 2014-PC-0047 dated March 27, 2014 ("NOV")
2310 Garner Road
Wake County
Response of Raleigh Recycling NC Scrap Metal LLC ("Raleigh Recycling")
Dear Mr. Smith:
This firm represents Raleigh Recycling with regard to the NOV. This letter and the attachments
are timely submitted in response to the NOV that Raleigh Recycling received on April 3, 2014.
As requested in the NOV, this response includes the following: (i) a comprehensive plan to stop
pollutants from discharging from the site into surface waters; (ii) a plan to stabilize the site such
that infiltration, erosion and pollution will be addressed to prevent ongoing transport of
contaminants to surface waters of the state; and (iii) an implementation schedule.
On April 23, 2014 an entity related to Raleigh Recycling obtained control over the site from the
previous owner and operator, allowing Raleigh Recycling to speed the responses necessary to
stop pollutants from discharging from the site. As detailed below, Raleigh Recycling proposes a
comprehensive approach that will stabilize PCB and metals contaminated soils with a cover
expected to be 95% impervious, treat soils with excessive metals contamination, and install two
stormwater ponds designed to manage site stormwater from 14.5 acres of the site, essentially all
but a minor gravel parking lot. Raleigh Recycling will then evaluate discharges from this
holistic system and make additional improvements as necessary and appropriate to meet
stormwater discharge requirements. Such additional measures might include some combination
of direct treatment of stormwater prior to discharge from the site.
4751031A 19853.00020
Robison Bradshaw&Hinan, PA Attorneys at law101 North Tryon Street. Site 1900, Chadotte, NC 28246, 704.377.2536
Charlotte Reaeardr Triwoe' Rork H10

Danny Smith
May 2, 2014
Page 2
I. Current Efforts
A. Apri123, 2014 Purchase of Site
Raleigh Recycling has proceeded aggressively and through a related entity bought the site so as
to speed efforts to address problems it did not create. These problems are the result of historic
activities dating back to the 1940's that were undertaken by previous site owners and operators,
primarily Seymour Brown Investment Co., Inc., formerly named Goldsboro Iron and Metal
("SBIC") which acquired the property in 1968. Raleigh Recycling, formerly known as GIMCO
Acquisition LLC, first had dealings with the site when it purchased certain operational assets, but
not the land nor responsibility to respond to historic contamination, from SBIC on August 3,
2007. Raleigh Recycling never had any control over SBIC operations and, until April 23, 2014,
neither owned the site nor had the right to implement necessary cleanup to control the legacy
contamination affecting stormwater discharges from the site. Nonetheless, Raleigh Recycling
Scrap Metal NC LLC, an entity related to Raleigh Recycling, purchased the site on April 23,
2014 so that the measures necessary to address the historic contamination could be implemented
aggressively.
B. Identification of and Proposed Response to Historic Contamination
1. Comprehensive Identification of Historic Contamination
Before its purchase of operational assets in 2007, Raleigh Recycling identified to SBIC site
contamination that has affected stormwater discharges from the site. In August 2010 Mid -
Atlantic Associates submitted to North Carolina Department of Environment and Natural
Resources, Inactive Hazardous Sites Branch — REC Program, a comprehensive remedial
investigation report that identified the vertical and horizontal extent of the historic contamination
('RI'). The RI may be downloaded from the Inactive Hazardous Sites Branch portal at
h s://edm.nc. ov/DENR-Portal/ and referencing Site ID NCD045915568.
That historic soil contamination included lead, cadmium and polychlorinated biphenyls (PCBs),
constituents which the Water Quality Operations of DENR identified in the stormwater discharge
from outfall 4 (retaining wall outlet). The PCBs were introduced in connection with a
transformer cracking operation that SBIC operated during the 1960's. Raleigh Recycling has
never allowed PCBs to be transported to the site and since becoming an operator in 2007 has
maintained a strict screening process to prevent PCBs from being introduced to the site.
2. Historic Contamination is Primary Source of Stormwater
Exceedances
PCBs do not appreciably dissolve in water. Instead, they tend to adhere to soil. This means that
PCBs become mobile only to the extent the soils to which they have adhered become mobile.
Similarly, the metals identified in the stormwater discharges are not particularly soluble in water.
The characteristics of these constituents are such that the primary source of stormwater
exceedances is likely to be contaminated site sediments that are caught up in stormwater, not
47S1031v4 19853.00020

Danny Smith
May 2, 2014
Page 3
stockpiled scrap. In fact, turbidity sampling conducted by Water Quality Operations staff in
connection with the NOV identified high levels of sediments at outfall 4 and demonstrated that
as turbidity decreased further downstream from the outfall, so did levels of metals and PCBs in
the stormwater samples analyzed.
3. Proposed Response will Stabilize Site
Raleigh Recycling regularly pressed SBIC to develop and implement a comprehensive response
to the legacy contamination at the site. In April 2012 SBIC submitted its Revised Containment
Remedy Proposal (April 3, 2012) to the Inactive Hazardous Sites Branch, and later in June 2012
SBIC submitted the Remedial Action Plan (June 21, 2012) to Region 4 of the Environmental
Protection Agency. These documents describe a remedial action plan to install a cover over
those areas with soils contaminated by PCBs higher than 1 ppm (approximately 9 acres of an
operating yard comprised of roughly 14.5 acres). The cover would consist of geotextile fabric
overlain by approximately 12 inches of recycled concrete or aggregate base course cover. Small
volumes of soil with high levels of metal contamination that are not amenable to fixing (e.g.,
soils with concentrations of lead over 10,000 mg/kg) would be excavated and disposed off -site in
a permitted landfill. Remaining site soils contaminated with metals at levels that could to leach
into water would be amended with a fixing agent to prevent leaching. These metal -contaminated
soils are generally located within the upper two feet of the soil and coincident with the PCB
contaminated soils that would be subject to the protective barrier. The Revised Containment
Remedy Proposal (April 3, 2012) may be downloaded from the Inactive Hazardous Sites Branch
portal at hgRs://edm.nc. og v/DENR-Portal/ and referencing Site ID NCD045915568. I
understand you have already received access to the Remedial Action Plan from Mid -Atlantic
Associates. If not, let me know and I will make the necessary arrangements.
The protective cover will stop contamination of stormwater associated with turbidity by
preventing mobilization of contaminated soils into sediment. The metal excavation and fixing
process will also stop those metals contaminated soils from contributing to stormwater
exceedances. The cover is predicted to be 95% impervious, and as such the volume of
stormwater permeating through the cover and coming into contact with site soil will be limited.
C. Obtaining Required State and Federal Approvals for Response to Historic
Contamination
The remedial action described above has been approved in concept by both DENR's Inactive
Hazardous Sites Branch and Region 4 of the Environmental Protection Agency. The required
formal approval by EPA had been delayed for over 18 months, until Raleigh Recycling was able
to assert control over the regulatory negotiations from which SBIC had previously excluded
Raleigh Recycling. EPA has now committed to make approval issuance a priority and plans to
initiate mandatory 30 day public notice on May 12. Once the EPA approval has been obtained,
Raleigh Recycling will seek the required formal DENR approvals, which also involve .mandatory
public notice and comment periods.
4751031v4 19853.00020

Danny Smith
May 2, 2014
Page 4
II. Two Stormwater Management Ponds
The remedial action plan submitted by SBIC did not include any stormwater management ponds,
though a small pond was contemplated by Raleigh Recycling in the northeast portion of the site.
After receiving the results that accompanied the NOV, and in connection with obtaining control
over site remedial efforts, Raleigh Recycling engaged McAdams Co. to design permanent
stormwater control devices that would augment the site stabilization to be performed by the
protective cover.
In order to assure a comprehensive solution to controlling contaminant loading in stormwater
discharges from the site, McAdams proposes the installation of two stormwater management
ponds along the western boundary of the property that will control discharges from over 14.56
acres of the 18.64 acre site. A large portion of existing discharges to outfall numbers 2 and 6
will be re-routed to the stormwater ponds, and outfall 4 will be eliminated. These ponds are
designed to control stormwater from a 100% impervious drainage area during 100 year storm
events. The ponds will include plants required for erosion control purposes. These plants will
also be selected for their propensity to assimilate metals. A detailed description of McAdams'
two -pond concept to manage stormwater is attached.
III. Evaluation and System Improvements as Appropriate
Within 90 days after the site has been stabilized with the protective cover, the soil with excessive
metals contamination fixed, and the stormwater ponds installed and functioning, Raleigh
Recycling will evaluate stormwater discharges to determine what, if any, additional controls and
polishing of discharges will be necessary and appropriate to avoid exceedances. These
improvements could include direct treatment of stormwater discharges by installing
polyacrylamide (Floc Logs® by Applied Polymer Systems) upstream of the forebay for each
stormwater pond; or filtration between pond risers and pond outfalls. Until the holistic system is
in place and operating, it is not possible to determine what, if any, additional measures may be
necessary and effective.
IV. Schedule of Specific Milestones
Attached please find a schedule of specific milestones for implementing the system. This
schedule has been prepared based upon the experience and expertise of McAdams and Mid -
Atlantic Associates in such matters. Where possible, activities will be conducted concurrently to
shorten the duration of project implementation.
Raleigh Recycling has moved aggressively to seize control over the implementation of measures
necessary to eliminate, stormwater discharge exceedances and to stabilize the site. Since
4751031v4 19853.00020

Danny Smith
May 2, 2014
Page 5
obtaining control, there has been identifiable progress. Raleigh Recycling is committed to
managing this site in a responsible manner. We look forward to your review and approval of the
comprehensive, holistic approach that has been designed and submitted.
Sincerely,
ROBINSON BRADSHAW 8c HINSON, P.A.
William W. Toole
WWT/tbm
Attachments
cc: Gregory M. Brown (Raleigh Recycling NC Scrap Metal LLC)
Nicolette Fulton, Esq. (City of Raleigh)
Daniel H. Nielsen (Mid -Atlantic Associates)
Jon Aldridge (McAdams)
4751031v4 19853.00020

FINAL STORMWATER MANAGEMENT PLAN
SUMMARY
On March 27, 2014, a Notice of Violation (NOV) was issued by the North Carolina Division of
Energy, Mineral, and Land Resources (DEMLR). The NOV stated that exceedances existed for lead,
cadmium, mercury, polychlorinated biphenyls (PCBs), nickel, copper and zinc for stormwater runoff
on the western portion of the Raleigh Metals Site (Outfall #4). This narrative and the attached
conceptual plans provide detail for the proposed stormwater management measures that will be put
in place to control sedimentary runoff and contaminants to meet applicable stormwater discharge
standards.
®DISCUSSION OF PROPOSED MEASURES
There are six existing stormwater outfalls onsite. These outfalls are shown on the attached
conceptual plans. The proposed stormwater management plan includes a variety of measures
including the placement of a cover over much of the site to stabilize contaminated sediment,
installation of two large ponds and rerouting of storm drainage to minimize the number of outfalls
present onsite. After construction of the proposed stormwater management plan, approximately 85%
of the site will be directed to one of the two stormwater management facilities. Please refer to the
attached conceptual plans that detail the proposed measures and drainage areas for each of the
outfalls described below. A conceptual plan of the existing conditions is provided as well.
COVER STABD.17, NC SrrE
A cover will be installed over approximately nine acres of the site in those areas with soils
contaminated by PCBs higher than 1 ppm. Metal -contaminated soils are generally located within the
upper two feet of the soil and coincident with the PCB contaminated soils that would be subject to
the protective cover. The cover would consist of geotextile fabric overlain by approximately 12
inches of recycled concrete or aggregate base course cover.
OUTFALL #1
The drainage area for this outfall consists primarily of the northeast parking lot. Please note that no
operational procedures are performed in this area. Inlet protection is proposed at each inlet in this
area. Additionally, silt fence is proposed on the north side of the parking lot (recently installed).
Both measures will aid in controlling sediment laden water from flowing to downstream properties.
OUTFALL #2
A large portion of the existing drainage directed to this outfall will now be directed to the North
Pond at Outfall #3. There will be a small amount of area that will still sheet flow to this outfall.
However, silt fence is proposed to handle any sediment laden water.
OUTFALL #3
To control contaminants at this discharge point, a stormwater management facility (North Pond) is
proposed. This facility will collect approximately 5.5-acres of drainage, and as stated above, will
treat the majority of the existing drainage to Outfall #2. The North Pond is designed such that it
Raleigh Metal Recycling May 2, 2014
9 MCADAMS 1

controls and provides a 2-day drawdown of the I" water quality storm event for the associated
drainage area. The proposed facility is designed such that peak flow rates at the outfall do not exceed
the pre -development condition for the 2-, 10-, and 100-year storm events. The facility includes
several measures to help control sediment and contaminants. These measures include riprap berms, a
skimmer attached to the outlet structure, and plantings that provide uptake of metals. A detailed
cross-section of this facility is provided on the conceptual plans provided.
OUfFALL #4
This outfall will be eliminated and the entirety of the existing drainage directed to this outfall will
now be directed to the stormwater management facility at Outfall #5.
OUTFALL #5
To control contaminants at this discharge point, a stormwater management facility (South Pond) is
proposed. This facility will collect approximately 9-acres of drainage and includes portions of the
existing drainage to Outfalls #2, #4, and #6. The proposed facility is designed such that peak flow
rates at the outfall do not exceed the pre -development condition for the 2-, 10-, and 100-year storm
events. The facility includes several measures to help control sediment and contaminants. These
measures include riprap berms, a skimmer attached to the outlet structure, and plantings that provide
uptake of metals.
OoTFALL #6
A large portion of the existing drainage directed to this outfall will now be directed to the South
Pond at Outfall #5. There will be a small amount of area that still drains to Gamer Road. Inlet
protection will be used in this area.
® MAINTENANCE, MONITORING, & FURTHER CONTROL MEASURES
A component in the performance of the stormwater measures provided is maintenance. It is
recommended that each of the practices provided be inspected monthly or after each significant
rainfall. Sediment shall be removed in each of the basins routinely and disposed of properly.
Detailed operations and maintenance manuals will be provided to the owner at the time of final
approval.
Routine monitoring will be conducted at each outfall in connection with applicable NPDES Permit
requirements. This will help in determining the effectiveness of the measures proposed. Although we
feel that the stormwater management plan proposed is adequate, additional modifications may be
needed to further enhance the proposed measures ability to remove contaminants. Depending upon
the results of 90 day post -implementation monitoring and evaluation, additional improvements may
be necessary and appropriate. These include covering all or a portion of the operating site with an
impervious cover, installing polyacrylamide (Floc Logs® by Applied Polymer Systems) upstream of
each of the forebays for the stormwater ponds, and installing filtration devices immediately
downstream of the ponds.
Raleigh Metal Recycling May 2, 2014

We appreciate the opportunity to work with you on this project, and look forward to beginning
work as soon as possible.
Sincerely,
THE JOHN R. MCADAMS COMPANY, INC.
Jon Aldridge, PE f" SEAL
Project Manager `py 33782
Water Resources and Infrastructure % �, t'e._ _11
A.
L ("AV 14
Raleigh Metal Recycling May 2, 2014
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