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The Browning Lumber Company operated a pressure treatment facility at the site location until 1996 and a sawmill at the site location until 1998. Chromated Copper Arsenate was utilized during the pressure treatment processing of lumber and the company obtained an EPA ID number for hazardous waste activity in 1987; the company also received a WV/NPDES Permit for operation of the treatment facility.
Since the facility's abandonment in 1998, a fire destroyed portions of the facility. However, during an inspection conducted by WVDEP in July, 2002, to evaluate compliance with the West Virginia Hazardous Waste Management Act, residual products from the operations conducted at the facility were observed on the site. WVDEP observed that human trespassing was occuring at the site by evidence of dumped materials and trash. WVDEP conducted TCLP sampling and determined that elevated TCLP values for arsenic were present in one of the pressure treatment vessels and in the soil below the vessel.
WVDEP contacted EPA Region III and requested that they take the lead in conducting a full assessment at the site and take any necessary actions in mitigating the threats at the site.
START conducted a sampling assessment START collected a total of 11 surface water, 13 sediment, and 47 surface soil samples from the site.
OSC Towle met with responsible party on June 27, 2006. He stated that he is the owner of the road and former crossing over Pond Creek. The PRP also provided location information for the monitoring wells. He verbally approved access for cleanup activities. He explained his operations and timeline.
The flow of Pond Creek was very high. Vehicle crossing was not feasible. Personnel crossing was feasible, but the equipment needed to properly sample the monitoring wells could not be crossed. As such, the START contractors collected deeper soil samples (to evaluate migration), but were unable to collect ground water samples during this trip. The depth of this sampling was up to 2 feet using a hand auger at locations selected by the OSC.
The OSC met with the US Corps of Engineers and WVDEP to discussed the stream crossing. The OSC explained we needed a crossing for about 12 months to handle heavy truck traffic as we load out contaminated soil and the heavy equipment needed to do such operations. They informed the OSC that their contract mechanisms would not get us a crossing until the Fall at the earliest. This is not acceptable given the current Site conditions. They did agree that they could provide us engineering specifications and a materials list for a crossing that would meet our collective needs, withstand normal flood situations, etc. They also will ensure that permit information is obtained as needed. The OSC proposed that we take those specifications and use our ERRS contractors to build the crossing under the supervision of EPA, WVDEP, and the Corps of Engineers.
On June 29, 2006, EPA Civil Investigator (CI) Harry Steinmetz has informed OSC Bob Kelly that the Site property was sold at Sheriff's sale on October 26, 2004, to Rebuild America, Inc. The prior owner and PRP who has previously granted EPA access to the Site, had until March 31, 2006, to pay his back taxes and to redeem the Site property. He apparently failed to do this, and the deeds to the Site property were transferred to Rebuild America, Inc. on April 1, 2006. EPA has no information that the new owner has filed title with the Boone County Registrar of Deeds. The former PRP previously told OSC Kelly that he believed that he had until November, 2006, to pay the back taxes and to redeem the property.
The Office of Regional Counsel contacted that new property owner and has received written authority for EPA and its' contractors to enter onto the property to install erosion controls and erect a fence to restrict access.
On July 5, 2006, OSC Kelly received an email from the former owner acknowledging that he no longer owned the property and provided the new owners information to the OSC.
Current activities include installing erosion controls and installing a fence to restrict access.
OSC is drafting an Acton Memorandum for additional funding to address the removal actions needed to be taken at the Site.
The OSC will continue to work with the State, Corps of Engineers and ERRS contractor to install the proper access over the creek.
The OSC will task the Army Corps of engineers to provide general specifications, materials, and to provide supervision.
The OSC will review the sampling data to determine if additional depth sampling is to be performed using a Geoprobe to determine if comtamination is more than 2 feet.
During the week of July 10, 2006, EPA START and ERRS contractor personnel will return to the Site to collect water samples from the identified monitoring wells, install erosion controls and install fencing to restrict access.
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