Southeast Region Headquarters Jim Doyle, Governor 2300 N. Dr. Martin Luther King, Jr. Drive Matthew J. Frank, Secretary Milwaukee, Wisconsin 53212 Gloria L. McCutcheon, Regional Director Telephone 414-263-8500 FAX 414-263-8606 TTY 711 Rationale for No Action Required Date reviewed: 02/02/09 Name and description of site: CP Rail Systems- 504 SLayton Blvd, Milwaukee, WI FlO# 241441750 Description of contamination: On July 1, 1997, WDNR was notified of a release. In November of 1997, a Site Investigation Report was received. In September of 1998 a Remedial Action Plan was received. In December of 2000, a LUST site was transferred to DCOM (03-41-494911 ). That LUST site references this site. On June 26, 2002, DCOM closed LUST site 03-41-494911. On August 5, 2004, WDNR closed ERP site (02-41-0011 00) which is owned by CP Rail and located in the same area. On March 6, 2001, WDNR closed ERP site (02-41-183125). On February 2, 2009, WDNR closed ERP site (02-41-515224). Both 02-41-515224 and 02-41-001100 are/will be on the GIS Registry. Conclusions: Assign No Action Required status to this activity. The contamination associated with this activity has been addressed by the actions taken at the other sites in the area. BRRTS #09·41·152873 FID#2414417L ,-~ Signed: ..it Andrew F Boettcher Cc: Frances Koonce www.dnr.state.wi.us Quality Natural Resources Management www.wisconsin.gov Printed on Through Excellent Customer Service Recycled Paoer Boettcher, Andrew F - DNR From: Boettcher, Andrew F- DNR Sent: Tuesday, February 03, 2009 8:55AM To: 'Hubbes, Ted' Subject: CP Rail Sites - Milwaukee Attachments: CP Rail Systems Final Closure Letter w Industrial Use LUC.pdf; CP Rail- No Action Required Rationale Sheet.pdf Hi Ted: I have reviewed the files for the Canadian Pacific Rail Systems sites in the area of the former Harvester Yard (CP Rail Systems- 504 SLayton Blvd, Milwaukee, WI FID# 241441750). I have found 3 different activities that are still open on our database. I have reviewed the case files and database records. Based on my review, the following changes will be made. 02-41-173165 This site is in the same area and was co-mingled with contamination from 02-41-001100. The submittals regarding 02-41-001100 also addressed the contamination associated with this activity, therefore, the closure letter dated August 5, 2004 and the clarification letter dated January 24, 2007 also apply to this activity. A copy of this email will be added to the GIS packet of that site located on the WDNR's Registry of Contaminated Properties available at http://dnrmaps.wisconsin.gov/imf/imf.jsp?site=brrts2 Also, our database has been updated to reflect this decision. 02-41-515224 This site has been closed with an industrial land-use control and will be placed on the WDNR's Registry of Contaminated Properties available at http://dnrmaps.wisconsin.gov/imf/imf.jsp?site=brrts2 Here is a copy of the final closure letter: ~ ~ CP Rail Systems Final Closure ... 03-41-152873 This site is in the same area and appears to be co-mingled with contamination from 03-41-494911 which was closed by the Wisconsin Department of Commerce on June 6, 2002. Because it appears that the contamination associated with this activity has been addressed {by actions taken regarding 02-41-001100 and 03-41-.494911) the WDNR has determined that no action is required regarding this site. The WDNR has changed the activity type to "No Action Required" and the BRRTS# has been changed to 09-41-152873. ~ CP Rail - No Action Required R... Please pass this email along to the appropriate people at CP Rail. Our online databases will reflect these changes in the next few days. If you have any questions about these sites, please let me know. Thanks! Andy Andrew F Boettcher Hydrogeologist Remediation and Redevelopment Program Wisconsin Department of Natural Resources Milwaukee, WI 53212-3128 (414) 263-8541 [email protected] RR Program Website: http://dm~wi.gov/orglawlrrl 1 State of Wisconsin\ DEPARTMENT OF NATURAL RESOURCES Southeast Region Headquarters Jim Doyle, Governor 2300 N. Dr. Martin Luther King, Jr. Drive Matthew J. Frank, Secretary Milwaukee, Wisconsin 53212 Gloria L. McCutcheon, Regional Director Telephone 414-263-8500 FAX 414-263-8606 TTY 711 February 2, 2009 In Reply Refer To: FlO# 241441750 County of Milwaukee BRRTS# 02-41-515224 Ms. LeeAnn Thomas Canadian Pacific Railway 501 Marquette Avenue Minneapolis, MN 55402 SUBJECT: Final Case Closure with Land Use Limitations or Conditions, CP Rail Systems Site, 504 S Layton Blvd, Milwaukee, WI Dear Ms. Thomas: On January 29, 2009, the Wisconsin Department of Natural Resources (Department) reviewed the above referenced case for closure. This Department reviews environmental remediation cases for compliance with state laws and standards to maintain consistency in the closure of these cases. On December 11, 2008, the Department was contacted by Ted Hubbes at Braun lntertec Corp. on your behalf. Mr. Hubbes asked for help in resolving the status of open sites on this property. Based on the information contained in the case file, it appears that your case meets the requirements of ch. NR 726, Wisconsin Administrative Code. The Department considers this case closed and no further investigation or remediation is required at this time. GIS Registry The conditions of case closure set out below in this letter require that your site be listed on the Remediation and Redevelopment Program's GIS Registry. The specific reasons are summarized below: • Residual soil contamination exists that must be properly managed should it be excavated or removed • Before the land use could be changed from industrial to non-industrial, additional environmental work must be completed Information that was submitted with your closure request application will be included on the GIS Registry. To review the sites on the GIS Registry web page, visit the RR Sites Map page at http://dnr.wi.gov/org/aw/rr/gis/index.htm. If your property is listed on the GIS Registry because of remaining contamination and you intend to construct or reconstruct a well, you will need prior Department approval in accordance with s. NR 812.09(4)(w), Wis. Adm. Code. To obtain approval, Form 3300-254 needs to be completed and submitted to the DNR Drinking and Groundwater program's regional water supply specialist. This form can be obtained on-line http://dnr.wi.gov/org/water/dwg/3300254.pdf or at the web address listed above for the GIS Registry. www.dnr.state.wi.us Quality Natural Resources Management www.wisconsin.gov Printed on Through Excellent Customer Service Recycled Pacer Closure Conditions Please be aware that pursuant to s. 292.12 Wisconsin Statutes, compliance with the requirements of this letter is a responsibility to which you and any subsequent property owners must adhere. If these requirements are not followed or if additional information regarding site conditions indicates that contamination on or from the site poses a threat to public health, safety, welfare, or the environment, the Department may take enforcement action under s. 292.11 Wisconsin Statutes to ensure compliance with the specified requirements, limitations or other conditions related to the property or this case may be reopened pursuant to s. NR 726.09, Wis. Adm. Code. It is the Department's intent to conduct inspections in the future to ensure that the conditions included in this letter including compliance with referenced maintenance plans are met. Remaining Residual Soil Contamination Residual soil contamination remains at the site as indicated in the information submitted to the Department of Natural Resources. If soil in the specific locations described above is excavated in the future, then pursuant to ch. NR 718 or, if applicable, ch. 289, Stats., and chs. 500 to 536, the property owner at the time of excavation must sample and analyze the excavated soil to determine if residual contamination remains. If sampling confirms that contamination is present the property owner at the time of excavation will need to determine whether the material would be considered solid or hazardous waste and ensure that any storage, treatment or disposal is in compliance with applicable standards and rules. In addition, all current and future owners and occupants of the property need to be aware that excavation of the contaminated soil may pose an inhalation or other direct contact hazard and as a result special precautions may need to be taken to prevent a direct contact health threat to humans. ' Industrial Residual Soil Standards Soil samples that are representative of currently remaining residual soil contamination on this property were collected on June 14, 2001 and November I, 2002, and contained several Polycyclic Aromatic Hydrocarbons (PAHs) in concentrations that met the site-specific industrial soil standards developed for this site. Therefore, pursuant to s. 292.12{2){c), Wis. Stats., the property described above may not be used or developed for a residential, commercial, agricultural or other non-industrial use, unless (at the time that the non-industrial use is proposed) an investigation is conducted, to determine the degree and extent of Polycyclic Aromatic Hydrocarbons (PAHs) contamination that remains on the property, and remedial action is taken as necessary to meet all applicable non-industrial soil cleanup standards. If soil in the specific locations described above is excavated in the future, the property owner at the time of excavation must sample and analyze the excavated soil to determine if residual contamination remains. If sampling confirms that contamination is present the property owner · at the time of excavation will need to determine whether the material would be considered solid or hazardous waste and ensure that any storage, treatment or disposal is in compliance with applicable statutes and rules.