SDMS DocID

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

165O Arch Street

Philadelphia, Pennsylvania 19103-2029

2054793

SUBJECT: Addendum to Craig Farm Five Year Review

FROM: Rashmi Mathur, Remedial Project Manager

Hazardous Site Cleanup Division

TO: Craig Farm Drum Site File, Armstrong County, PA

THRU: Peter W. Schaul, Director,

Office of Superfund Site Remediation (3HS20)

The June 2004 Five Year Review for the Craig Farm Superfund Site identified certain

issues and/or deficiencies requiring follow-up action. The following documents the current

status of those issues.

SECTION I

The following identified issues have been addressed and/or resolved:

• The institutional controls were put into place September 23, 2004

• Minor inadequacies were fixed on the caps and monitoring wells on March 4, 2004

• The unidentified drums found in the wetland area and the two unidentified drums near the

seep collection tank were characterized and disposed off site on March 4. 2004.

• The seep collection tank indicator was fixed so it was functioning properly on March 4.

2004.

SECTION II

No items are needed in Section II

SECTION III

I have attached the deed notice recorded for the Craig Farm Site

cc: Raphael Gonzales, OSRTI

David Lope/, OSRTI

Printed on 100% recycled/recyclable paper with 100% post-consumer fiber and process chlorine free.

Customer Service Hotline: 1-800-438-2474
DECLARATION OF RESTRICTIONS

THIS DECLARATION OF RESTRICTIONS is made this 23rd day of

September 2004 by Beazer East, Inc. (formerly known as Koppers Company, Inc.), a

Delaware corporation, having an address of One Oxford Centre, Suite 3000, Pittsburgh,

PA 15219-6401 (the "Declarant").

WITNESSTH:

WHEREAS, Koppers Company, Inc. acquired in three separate transactions

property located in Perry Township, Armstrong County, Pennsylvania more particularly

described in Exhibit A attached hereto and made a part hereof (such real property being

hereinafter referred to as the "Site") by: (1) deed of January 5, 1972 from Herman G.

Craig and Betty L. Craig to Declarant and recorded in the Office of the Recorder of

Deeds of Armstrong County, Pennsylvania, in Deed Book Volume 538 beginning at Page

244; (2) deed of February 27, 1985 from Herman G. Craig to Declarant and recorded in

the Office of the Recorder of Deeds of Armstrong County, Pennsylvania, in Deed Book

Volume 653 beginning at Page 31; and (3) deed of June 13, 1985 from Carl E. Switzer

and Charlene Switzer to Declarant and recorded in the Office of the Recorder of Deeds of

Armstrong County, Pennsylvania, in Deed Book Volume 669 beginning at Page 215;

WHEREAS, beginning in 1958 a waste hauler for Koppers used the Site to

dispose of industrial waste from Koppers' manufacturing plant in Petrolia, Pennsylvania,

including hazardous waste from the production of rcsourcinol and"constituents thereof;

WHEREAS, in 1989, Koppers Company, Inc. changed its name to Beazer

Materials and Services, Inc. and in 1990, Beazer Materials and Services, Inc. changed its

name to Beazer East, Inc.;

WHEREAS, in May of 1990, a Consent Decree was signed and entered with the

United States District Court for the Western District of Pennsylvania addressing

implementation of a Remedial Design and Remedial Action ("RD/RA") at the Site and

payment of certain response costs;

WHEREAS, pursuant to the Consent Decree, Declarant has implemented the

RD/RA at the Site, and as part of the remedial action Declarant created a landfill to

contain the hazardous waste that was disposed on-site ("the Landfill");

WHEREAS, the Consent Decree for the Site requires implementation of

institutional controls restricting future use of the Site, which controls may include

restrictive covenants; and

WHEREAS, it is in the intention of Declarant to create restrictions on the Site that

will run with the land and bind future owners, tenants, subtenants, licensees or other users

of any and ail portions of the Site.
NOW, THEREFORE, Declarant hereby imposes the following restrictions on the

Site, which shall be enforceable by Declarant and its successors and assigns, the

Environmental Protection Agency, the Pennsylvania Department of Environmental

Protection Agency and all other governmental agencies with jurisdiction over the

environmental conditions on the Site.

1. Purposes

The purpose of this Declaration is to restrict certain use and development

activities at the Site so as to prevent any uses of the Site which would be

inconsistent with the RD/RA for the Site and create a risk to human health or the

environment and to fulfill Declarant's commitments under the Consent Decree.

2. Specific Prohibitions

(a) No groundwater underneath the Site may be used for human consumption,

irrigation or other purposes that might bring it into contact with humans

(except for testing purposes required by law, the RD/RA or the terms of the

Consent Decree) and neither the owner, occupant nor any other user of the

Site shall drill or install any wells on the Site for the purpose of extracting

groundwater underneath the Site for human consumption, irrigation, or other

purposes that might bring it into contact with humans (except for testing

purposes as required by law. the RD/RA or the terms of the Consent

Decree).

(b) No building, structure or other object shall be built or placed on the Site that

would disturb the cap or stabilized contents of the Landfill or would

otherwise disturb any component of the RD/RA at the Site without the prior

written approval of Declarant or its successors and assigns and the

Environmental Protection Agency.

(c) The Site shall not be used for the purposes of personal living, dwelling, or

overnight accommodations, whether such uses are in single family

residences, apartments, duplexes or other multiple residential dwellings,

trailers, trailer parks, camping sites, hotels, motels, or any other dwelling

use of any kind, or for child care, schools, parks or other nomndustnal uses,

by the owner or occupant of the Site, or anyone occupying the Site with the

permission of the owner of the Site.

(d) No action shall be taken at the Site to interfere with, obstruct, disturb the

performance, support or supervisions of any remedial response actions taken

or to be taken at the Site, including any operation or maintenance activities.

(e) Any subsequent owner of the Site shall provide a purchaser with notice of

the terms of the Consent Decree prior to transferring any interest in the Site.
3. Access

The employees, agents and contractors of the Declarant and its successors and

assigns shall have the right of ingress and egress from and movement on the Site

sufficient to conduct, maintain, monitor and secure the integrity of the remedy set

forth in the RD/RA, to take other actions required or authorized under applicable

federal and state laws and to monitor and enforce compliance with the terms of

this Declaration. Declarant acknowledges that, notwithstanding any other

provision of this Declaration, the Environmental Protection Agency retains all of

its access authorities and rights, as well as its right to require land/water use

restrictions, including enforcement authorities related thereto, under applicable

statutes and/or regulations.

4. Enforceability

(a) The covenants, conditions and restrictions of this Declaration shall be

enforceable by Declarant and its successors and assigns.

(b) Such covenants, conditions and restrictions shall run with the land, shall be

binding upon any and all successors in interests, and all assignees, lessees,

sub-lessees, operators, tenants, licensees, agents and any and all persons

who acquire any interest in the Site.

(c) Violation of covenants, conditions and restrictions contained herein shall

give Declarant and its successors and assigns in addition to all other

remedies, the right to enter upon the land upon or as to which such violation

exists and summarily to abate and remove, at the expense of the owner

thereof, any structure, thing or condition that may be or exist thereon

contrary to the intent and meaning of the provision of this Declaration.

(d) Declarant and it successors and assigns shall be entitled to enforce the terms

of this Declaration by specific performance or legal process. All remedies

available hereunder shall be in addition to any other remedies at law or in

equity. Enforcement of the terms and conditions of this Declaration shall be

at the discretion of Declarant and its successors and assigns and any

forbearance, delay or omission to exercise its rights under this Declaration

in the event of a breach of any term of this Declaration shall not be deemed

to be a waiver by Declarant or its successors and assigns of such term or of

any subsequent breach of the same or any other term, or of any of the rights

of such parties under this Declaration.

5. Miscellaneous

(a) Modifications. This Declaration may be modified or terminated, in whole or

in part by the Declarant or it successors or assigns, provided that a written

Modification of Termination Notice in the Office of the Recorder of Deeds
of Armstrong County, Pennsylvania is filed and provided that Declarant or

its successors or assigns obtain written approval from the Environmental

Protection Agency at least thirty (30) days prior to filing such notice.

(b) Reservation of Rights. Declarant hereby reserves unto itself, its successors

and assigns, all rights and privileges in and to the use of the Site which are

not incompatible with the covenants, conditions and restrictions established

herein.

(c) No Public Access. No right of access or use by the general public to any

portion of the Site is conveyed by this Declaration.

(d) Governing Law. The interpretation and performance of this Declaration

shall be governed by the law of Pennsylvania,

(e) Rules of Construction. Any general rule of construction to the contrary,

notwithstanding, this instrument shall be liberally construed in favor of the

grant to affect the purpose of this Declaration and the policy and purpose the

Comprehensive Environmental Response, Compensation and Liability Act,

42 U.S.C. § 9601 et seq. If any provision of this Declaration is found to be

ambiguous, an interpretation consistent with the purpose of this Declaration

that would render the provision valid shall be favored over any

interpretation that would render it invalid.

(f) Severability. If any provision of this Declaration, or the application of it to

any person or circumstance, is found to be invalid, the remainder of the

provisions of this Declaration, or the application of such provisions to

persons or circumstances other than those to which it is found to be invalid,

as the case may be, shall not be affected thereby.

(g) Entire Agreement. This Declaration sets forth the entire undertaking and

agreement of Declarant with respect to rights and restrictions created

hereby, and supersedes all prior discussions, negotiations, understandings,

or agreements relating hereto, all of which are merged herein.

(h) No Forfeiture. Nothing contained herein will result in a forfeiture or

reversion of title in any respect.

(i) Successors. The covenants, terms, conditions and restrictions of this

Declaration shall be binding upon, and inure to the benefit of, Declarant and

its successors and assigns and shall continue as a servitude running in

perpetuity with the Site.

(j) Termination of Rights and Obligations. The rights and obligations of the

owner(s) from time to time of the Site under this Declaration terminate upon
transfer of the party's interest in the Site, except that liability for acts or

omissions occurring prior to transfer shall survive transfer.

(k) Captions. The captions in this Declaration have been inserted solely for

convenience of reference and are not a part of this Declaration and shall

have no effect upon construction or interpretation.

[SIGNATORIES APPEAR ON FOLLOWING PAGE|
EXHIBIT A

BEGINNING at an iron pin comer on line of land of Earl A. Bailey, formerly M.S. and

George Shakley, said point being a Southwest corner and common to land now of W.P.

Vance, formerly E.S. Golden, and the herein described tract; thence by land of Earl. A.

Bailey and G. Pearl Johns, North 7° 08' 20" East, a distance of 3267.00 feet to a Stone

corner on line of land of G. Pearl Johns, and being common to land now of John H.

Hood, formerly Jacob Steel, and the herein described tract; thence by land of John H.

Hood, South 85 06' 30" East, a distance of 1378.77 feet to an iron pin corner on line of

land of John H. Hood, and being common to land now of David E. Frazier (Allotment

"B"), and the herein described tract, thence by land of David E. Frazier, South 00° 39'

West, a distance of 1014.52 feet to an Iron Pin corner on West line of an improved Public

Road passing through the Northeast section of land conveyed herein, and known as

Legislative Route 03030 and being common to an area of land to" be retained by Grantor

and the herein described tract; thence by land to be retained by Herman G. Craig, South

68° 30' West, a distance of 899.00 feet to an Iron Pin comer; thence by land of same,

South 26° 57' 30" East, a distance of 1312.23 feet to an Iron Pin corner; thence by land of

same North 89° 00' East, a distance of 224.66 feet to an iron pin corner on line of land of

David E. Frazier and being along the West line of aforesaid Improved Public Road and

being common to land to be retained by Herman G. Craig, and the herein described tract;

thence by land of David E. Fraizer, South 00° 39' West, a distance of 765.45 feet to an

iron pin corner on line of land now of W.P. Vance, formerly E.S. Golden, and common to

land of David E. Frazier and the herein described tract; thence by land of W.P. Vance,

North 85° 03' West a distance of 1749.00 feet to an iron pin corner, the place of

beginning. CONTAINING 99.899 acres, more or less, as surveyed by EJ. Weibel, a

registered surveyor, November 26, 1971.

BEGINNING at an iron pin corner on line of land now of David E. Frazier, said point

being South 0° 39' West, a distance of 1014.52 feet from the northeast corner of the land

formerly conveyed by Herman G. Craig, et ux., to Koppers Company, Inc. by Deed dated

January 5, L972, and being the northeast comer of the herein described tract; thence by

land of David E. Fraizer (formerly Allotment "B"), South 00° 39' West, a distance of

1495.28 feet to an iron pin corner on line of said land and being common to land

conveyed to Koppers Company, Inc., as aforesaid; thence by said land heretofore

conveyed to Koppers Company, Inc., by Herman G. Craig, et ux., as aforesaid, South 89°

00' West, a distance of 224.66 feet to an iron pin corner; thence by same, north 26° 57'

30" West, a distance of 1312.23 feet to an iron pin corner; thence by same, North 68° 30"

East, a distance of 899.00 feet to an iron pin corner on line of land of David E. Fraizer,

the place of beginning. CONTAINING 17.333 acres, more or less, as surveyed by E.J

Weibel, R.S., December 1, 1971.

{DESCRIPTION CONTINUED OiN NEXT PAGE}
BEGINNING at an iron pin comer along the edge of the Queenstown-Bruin Road, a

Public Road, being known as Legislative Route #03030: Said point being the south-east

comer of the herein described tract; thence west, through land of Herman G. Craig and

Betty L. Craig, his wife, of which this is a part, a distance of two hundred twenty-five

- (225) feet to an iron pin corner; thence North through land of same, a distance of two

hundred fifty (250) feet to an iron pin corner, thence east, through land of Herman G.

Craig and Betty L. Craig, his wife, a distance of two hundred sixty-sive (265) feet to an

iron pin corner at edge of Legislative Route 03030; thence South; along edge of

Legislative Route 03030, a distance of two hundred fifty (250) feet to a point, the place of

beginning.
IN WITNESS WHEREOF, BEAZER EAST, INC. has caused its common and corporate

seal to be affixed to these presents by the hand of its , who is

duly authorized to execute this Declaration on behalf of the corporation, and the same

being duly attested to by its Secretary on the day and year first above written, intending

to be legally bound hereby.

ATTEST: BEAZER EAST, INC., a Delaware

Corporation

Secretary

[CORPORATE SEAL HERE]

STATE OF /^^^t^ J^TL^L^ )

COUNTY OF &&di^uf> )

On this 23rd day of September, 2004 before me, a Notary Public, the undersigned

officer, personally appeared ^rbsffl-fflgsJ/eMdjL^ , who acknowledged himself to be

the /%£*.- fr^dt^t. of BEAZER EAST, INC., a Delaware Corporation, and that

such officer,-being authorized to do so, executed the foregoing instrument as the

' Tx^xu^n^of BEAZER EAST, INC. for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public

My commission expires:

COMMONWEALTH OF PENNSYLVANIA

Notarial Seal

Maureen M. Ststzar, Notary PuMc

Oty Of Rttsbugh, Ateghony County

My Commtaton Expta Ju<y 3,2006

, f*«nniytv»nl« Aiiociatton Of Nottrie*