UNITE D STATES ENV IRONMENTAL PROTECT ION AGENC Y

REGION 6

SUPERFUND DIV ISION

LouisianaINcw Mexico/Oklahoma Team

144 5 Ross A ven ue

Dallas. Texas 75202-2733

January 9. :W08

Advance Co py Via Electronic Mail

Mr. David C. Clark

Director, Environmental Remediation

BNSF Rai lway Company

920 SE Quincy

P.O. Box 1738

Tope ka. Kansas 6660 1- 1738

Rc: Final Site Characterization and Remediation at GCe Parcel Report for the AT&SF

Albuquerque Superfund Site und Proposed Redevelopment and Conveyance of Parcel

Dear Mr. Clark:

Th e U.S. Environmental Protection Agency (EPA) and the New Mexico

Environmental Departmen t (NME D) have reviewed the Final Site Characterization and

Remediation at Gee Parcel Report for the AT&SF Albuquerque Superfund Site (Site)

(GCe Report). The Gee Report was submitted 10 EPA and NMED under the signature

ofTRC Environmental Corporation. on behalf of BNSF Railway Company (BNSF). In

addition, we have reviewed the GCC of America letter dated Novem ber 20. 2007.

addressed to you. and four related dra wings. <I II submitted as uttuchments to your

electronic mail memo of December 10, 2007 (co llective ly "GCC Lette r"). Consistent

with the Co nsent Decree (CD ) for the Sire. I am responding directly to you.

The EPA and the NME D have found that the Final Site Characterizat ion and

Remediation at Ge e Parcel Report adeq uately addresses these age ncie s' comments and

satisfies the requirements under the Record of Decision (ROD). the Consent Decree and

the Statement of Work. The two agencies acce pt this doc ument as the final report for

documenting additional reme dial activities that have taken place on a l7-acre parcel of

land ( 0 be sold to Gee Premium Trunsfouders, LLC (GCC). which is pan of the Site.

Based on confi rmation sampling data, excavated locat ions meet the cleanup criteria for

the Site for zinc [200 milligrams per kilogram (mg/kg)] and ben zo(a)pyrcne equivalents

(7.8 mglkg) as established in the ROD. At this time. the current da ta results and Site

characterization details indicate that remediation goa ls have been met for the affect ed

media. and further remediation is not necessary. on this 17-acre parcel.

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The EPA has been notified that BNSF and GCC have executed a Purchase and

Sale Agreement for the 17-acre parcel of land that is part ofthe Site and that GCC has

been furnished by BNSF with a copy ofthe Consent Decree entered in connection with

the Site in U.S. District Court in Albuquerque, N.M. on February 9, 2005. Further,

BNSF has indicated to EPA that it has previously furnished GCC with a copy ofthe

proposed "Environmental Protection Easement and Declaration of Restrictive Covenants"

instrument planned for execution and recording in connection with the deed records for

the Site. The GCC letter previously provided to EPA by BNSF noted above describes

GCC's proposed Albuquerque Terminal Facility to be located on the 17 acre parcel,

including a discussion of expected operations, materials, and construction details. Based

on the information provided, the EPA finds that the proposed GCC redevelopment is in

compliance with the Site Statement of Work and that the commencement of any such

redevelopment and use will not interfere with or adversely affect the implementation,

integrity, or protectiveness ofthe remedial measures to be performed pursuant to this

Consent Decree. Therefore, EPA does not object to either the transfer ofthe 17-acre

parcel of property to GCC, or the proposed redevelopment project presented by GCC,

provided that the "Environmental Protection Easement and Declaration of Restrictive

Covenants" noted above is executed, accepted, and recorded first.

These findings by EPA in connection with CERCLA shall in no way relieve GCC

or BNSF ofthe duty to comply with all applicable state, federal, and local legal and

regulatory requirements, including the New Mexico Water Quality Act, NMSA 1978, 74-

6-1 et seq., and Water Quality Control Regulations, 20.6.2 NMAC, in connection with

the proposed conveyance to GCC and the planned redevelopment. Furthermore, in the

event ofsuch conveyance, all of BNSF's obligations under the Consent Decree shall

remain in force and shall continue to be met. In no event shall the proposed conveyance

release or otherwise affect the liability ofBNSF to comply with all provisions ofthe

Consent Decree, absent the express and prior written consent of EPA. Should you have

any questions or concerns, please call me at 214-665-8143.

Sincerely, Ur· .

Katrina Higgins-Coltrain

Remedial Project Manager (6SF-RL)

LAINM/OK Team

cc: Riaz Ahmed, TRC

David Mayerson, NMED

Tannis Fox, NMED

Vice Pres. & General Counsel, BNSF

Paul Seby, McKenna, Long & Aldridge LLP

Larry P. Ausherman, Modrall Sperling

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