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15 May 2009 <br /> AGE-NC Project No. 95-0103 <br /> Page 5 of 6 <br /> remediated by air-sparging as documented by soil sample collected in 1999. These samples <br /> demonstrate the remediation of the soil by approximately 90%(attached tables). <br /> The same paragraph contains the EHD conjecture of Chapin Petition assertion that rate of the <br /> reduction of adsorbed mass has not been established. The amount of remediation can be evaluated <br /> based on the comparison of soil sampled collected near the source area prior to ground water <br /> extraction and following the first ground water extraction cycle(2001-2005).Soil samples from CB5 <br /> and EW-5 demonstrate the remediation of the soil by approximately 90% (attached tables). <br /> Additionally, extraction well EW-4 was remediated, which is the location for 8,000-gallon UST <br /> release area. Following several month of ground water remediation the well was generally <br /> remediated. Additionally, a five-day Duel Phase Extraction pilot test was conducted on well EW-4 <br /> and the results indicated no significant mass was extractable from the former 8,000-gallon UST <br /> release area. <br /> The same paragraph contains the EHD conjecture of Chapin Petition assertion that shallow ground <br /> water contamination was present,presumable on-site,when the site is not under active remediation. <br /> The EHD states the shallow ground water is potential route of exposure to petroleum hydrocarbons. <br /> Off-site ground water contamination was not present east of the site at well MW-7, nor at near the <br /> school boundary 130 feet northwest(building location is 1500 from site),nor at well MW-2 north <br /> of the site,southeast of the site at borings B9,B 12,B 13 and CHP8 nor south at CHP9.Ground water <br /> impact was detected west at well MW-5 (vacant lot)and at well MW-3 (parking lot);however,the <br /> off-site ground water contamination was not present in borings B 11,CHP2,CHP3 and CHP7. The <br /> dissolved ground water plume does not appear to threaten off-site structures, following the active <br /> site remediation(s). <br /> AGE recommended the performance of a soil vapor survey in the second quarter 2007 and provided <br /> technical justifications. However, in the letter the EHD dated 26 July 2007 stated"At this time the <br /> EHD does not concur with the recommendations for additional site assessment or collection ofsoil <br /> gas samples from beneath the structures on site as a technical justification was not provided for <br /> either"and"If such data is needed to fulfil the directives currently in effect the site specific need(s) <br /> should be noted". AGE and Chapin are aware of soil and ground water contamination on the site, <br /> from former USTs and dispensers. This fact alone was justification for authorizing a soil vapor <br /> survey,possible for on-site indoor air migration(auto repair garage).Now,the EHD has stated this <br /> ground water contamination is a threat or a requirement for soil vapor sampling was enforce without <br /> a justification. <br /> Although the ATC Associates,Inc,(ATC)Closure Summary Report was not acceptable to the EHD <br /> based on technical deficiencies to demonstrate the site a candidate for closure, the basis of the <br /> arguments within the Closure Summary Report still hold. <br /> Advanced GeoEnoironmental,Inc. <br />