Controlled Correspondence ForOffice of the Regional Administrator/Deputy Regional Administrator

CONTROL NO:

STATUS:

FROM r: ORG: i

SALUTATION:CONSTITUENT:

TO:TO ORG: lSUBJECT: i

ASSIGNED:

" -" ' ' '- ^ ' - ' ' ' . ' -

RADA-9901623 ORIG. DUE DATE: ' • ; | 1

UNCONTROLLED CORRES. DATE: 11/01/99. -• - , ._JL. ji-RECEIVED DATE: 11/03/99 ; !ASSIGNED PATE: "; ! 11/03/99

; * CLOSED DATE: V .- ' , ' i = '•

RINDE JONATHAN E. ' • ' ' ' ' , ' '* 'PRIVATE CITIZEN

MCCA5E/W. MICHAELREGIONAL ADMINISTRATORCOMMODORE SEMICONDUCTOR GROUP SUPERFUND SITE

COPIES OF INCOMING PROVIDED TO:

SIGNATURE:RADA COMMENTS:

RADA INSTRUCTIONS:

Assigned

|ltad HSCD

lofiWiiMs* T^ -«S«Ssw«fl Wara»i *' • T*k*fwnnmwmmm*;-: tDate Assigned Code/Status Dote Completed by Date Returned to

Assignee RADA :11/03/99 FYI

(Unfitted) AR0002I7

Jonathan E. Rinde

NOV 0 3

November 1,1999

VIA TELEFAX J V /^

Michael J. Maransky, EsquirePowell, Trachtman, Logan, Carrie, . / , ,..'.. .. \."_. ,Bowan & Lombardo ' , _ ;; /

475 Allendale Road, Suite 200 "King of Prussia, PA 119406- , r ;\

Re: Commodore Semiconductor Group Suoerfund Site

Dear Mr. Maransky:

Please accept this letter as a timely response to your letter to me dated October 26,1999. For the reasons outlined below, we must at this time respectfully decline yourrequest for access to the General Washington Country Club (the **Club") to develop arecovery well at the Club to withdraw approximately 10.5 million gallons of groundwaterp year in association with your client's remediation of the above-referenced Superfundsite. : - ,.. . . ! . . " : . ... , T , " , . ..; '].( ; ...." . " - . . _ _ " . ' : . ,

By way of background, I serve with six other community members as the unpaid,volunteer Board of the Lower Providence Township Municipal Authority (the"Authority'0, a public municipal authority created pursuant to state law and the recordowner of the Club since 1994. The Club, a 108-acre facility, includes among otheractivities, an 18-holc championship golf course that relies on two existing groundwaterwells for irrigation purposes. Because the Authority has no staff, nor do we have anyadditional funds to address the issues presented by your request, the Authority has askedme to coordinate with you on your request. Please be advised that, although you haveaddressed your correspondence to me at my law firm, and have had other representativesof your client and your firm call me during the workday at the office, I am correspondingto you as a Volunteer member of the Authority, arid neither my firm nor I represent theAuthority. . , . ' _ . - . . - .

fiR0002!8 120739

Michael J. Maransky, EsquireNovember 1,1999Page 2

As is discussed below, the principal reason why we must at this time respectfullydecline your request for access to the Club is that there appears to have been noconsideration given to the Club's existing groundwater wells during the development ofthe remedial action you are constructing. I use the terms "appears to be" because, despitemy written request to you of October 8,1999 to provide information which addresses thisissue, I have not received any documentation whatsoever, and instead received from youtwo demand letters, dated October 13 and 26,1999, requiring the Authority, within oneweek of our receipt of each demand letter, to execute the proffered documents allowingaccess or else you "will be forced to solicit the assistance of the EPA to secure the accessand easement that [you] request" as is stated in both of your demand letters.

The only explanation I can give to your denial of our information requests, andthe lack of any meaningful discussion of our groundwater concerns, is to refer to the fact,as acknowledged in your letter of October 13,1999, that you and/or your client neverdetermined that the Authority was the owner of the Club, despite the years of planningthat has apparently been undertaken by you and your client. With all due respect, youand/or your client's oversight for many years that the Authority has been record owner ofthe Club since 1994 should not now require that the Authority make, without anydocumentation or discussion and in less than two months of your first contact with theAuthority, the substantial decision you are now requesting. Although I am stunned thatthe U.S. Environmental Protection Agency ("EPA") approved a remedy when you hadmisidentified the relevant property owners, I believe EPA's "assistance" in this mattershould be to require your client to address our concerns, and not to bully the Authorityinto an agreement as is stated in your demand letters.

The Authority views your request as substantial because of the remedy's potentialadverse impact to the operation of the Club, and the apparent lack of any considerationgiven to the Club and our existing groundwater wells. We understand your remedy, insummary, requires the withdrawal of approximately 10.5 million gallons per year("mgy") (equivalent to 20 gallons per minute) of groundwater from the new recoverywell you propose to develop on the Club, in addition to even more substantialgroundwater withdrawal from other wells close to the Club. You then plan to treat thegroundwater and give the treated groundwater, including the 10.5 mgy, to AudubonWater Company for sale and distribution in the public water supply. The 10.5 mgyremoved from the Club will therefore be forever lost to us. We have calculated that the10.5 mgy you propose to withdraw from the Club equals approximately 75% of theClub's entire annual water withdrawal in a typical year. The amount of groundwater youintend to take directly from the Club, and not return, is not insignificant to the Authority.

In an effort to work within your timetable, created as I have described above byyou and/or your client's oversight into properly determining the record owner of the

AR0002I9

Michael J. Maransky, EsquireNovember 1,1999 '**•'1;Page 3

Club, I agreed to recommend that the Authority approve your request if you wouldundertake certain measures which would prospectively address the concerns we have

' " "

1) Install continuous flow meters on the Club's two existinggroundwater wells (Since making this request, I have beeninformed that continuous flow meters have recently been installedon the two existing groundwater wells at the Club. Therefore, weare withdrawing our request for this to be performed.); and

2) Monitor these meters on a monthly basis and consider this data asyou evaluate the impact of the remediation on existinggroundwater wells; and

:n*'--

3) Provide the Authority a copy of all data regarding the remediationthat you and/or client submit to EPA; and either "

i - ' " , : • . - . ' " . - :: , . ._ -:_i

4a) Return, after treatment, the groundwater withdrawn from theproposed recovery well on the Club for our irrigation purposes; or

4b) Prepare a drought emergency plan to protect the Club's existingwells in case of a drought, and provide us reasonable compensationfor the groundwater taken from the Club. "' *

As you will note from the above, the combination of measures 1, 2 and 3 aboveallow your client, EPA and the Club to monitor, apparently for the first time, the impactthe remediation may have on the Club. These measures are also low cost, with the Clubalready performing measure 1 . (Measure 2 could be performed by your consultant whenit periodically monitors the remediation wells, and measure 3 merely requests that theAuthority receive copies of the groundwater data you otherwise develop, with the intentthat this measure will avoid a repeat of the present situation you created by not providingthe Authority information about the remediation on a timely basis.) Alternative measures4a and 4b seek to preserve the Club's ability and right to either use the groundwaterwithdrawn from the Club, or if we cannot use the water, be assured that its removal fromthe Club will not adversely affect the Club in times of a drought emergency, and that wereceive compensation for the groundwater taken. In your letter to me of October 26,1999, you rejected all of these requests and offered a one-time payment of $1,000.

AR000220

Michael J. Maransky, EsquireNovember 1,1999Page 4

In closing, on behalf of the Authority, I continue to request any information youcan provide to us which addresses these concerns. I also continue to request that you andyour client consider our concerns in a meaningful way rather than continue to attempt tobully the Authority into agreeing to your initial proposal to us.

Sincer

JER/nba

cc: Lower Providence Township Municipal Authority Board MembersMichael Furey, EsquireBoard of Supervisors, Lower Providence TownshipMs. Ruth Scharr, USEPAMr. Michael McCabe, USEPA (w/copies of prior correspondence)Mr. Joseph Feola, PADEP (w/copies of prior correspondence)Mr. John Fabian, PADEP (w/copies of prior correspondence)Mr. Gregory Cavallo, DRBCMr. Russ Mirmelstein, AGIMr. George Buchanan, Normandeau

AR00022I

LAW OFFICES

«.«».LO TtACHTM*,, POWELL, TRACHTMAN, LOGAN, CARRLE,PAUL A. LOOAN**** _ _ . IT:-":"- '•."••: •'--" -"- A , '----"- '--•' :-OUNTHSRO.CARRLI* BOWMAN & LOMBARDO OrCow«tC.OHAIMOWlOWMAM . „ ___ „BWCID.LONIARDO APtOTOiMHALCOtPORATIONJONATHAN K.HOLLM 47* Al I KMTIAI » BrtAHLAWREHCIA. BORDA**t AULBWDAL* KOAD IHNOHTHSKONDSTmUTNEILF.CLADI.JK.* SUITE 200 HARXUBUIO, PA motHTHANN.HALMMTAOT- t KlNO OF PRUSSIA, PA 19406 . ,. . . (7lT)i3l-HooDAVIDT IOLOEM . 4 . , '.. ; j FAX(7i7>i:i-9iisRtCHAiol. DA VIM*- 8mri726K»S?fl'w!SSV. (610)554 700 II. CH^CH ROADFRiDitic? f WARWH- FACIWIU (610)354-9740 . > V, / -;-;• \ =CMUHV.CMUV* MMAlANSKy POWBLLTlUCinMAM.COMST1VI»O.BARDIL1Y» ,-ROIUTI.BALLAKD*MICHA1L W. WMFtlLO*

MICHAEL J.MARANIKY*KAYMONOL.DILUCA*OlOKOlT. RlYNOUM*"*"'•«««•"** , - t ' ,; r,: PLEASE REPLY TO:SEANO.DUPTY* . , ^ . . . . . . .DONALD riTRiLLi. A. v .,.», „. p.. .....MICHAU.W.KUNO- WNOOFPMBSIA

• ALM AOMITTID IM MIMuo ADMITTED m NC ! , - . : ; _ . . - , . t '. . • . . . - ••ALfOAOMrTTSDINMD ' h " ~ ' " " , " •••ALHO ADMITTED WDB ;. ; v . . - ; ; . . ( _- '•ALSO ADMITTED m DC " " - : J '" '" 1 ' "tAUOADMITTtDIHPL , •— ,- - j-*i f ' =[ i , , , - . - "•ALioADHirnDiNNY ' ' ' '•ALMAOUITT1DMKY

Via Federal Express and Certified Mall. R.R.R.Jonathan E. Rlnde, EsquireLower Providence Township Municipal Authorityc/o MANKO, GOLD & KATCHER, LLP401 City Avenue, Ste. 500BalaCynwyd, PA 19004 ' ' \: - -

Re: Commodore Semiconductor Group Superfund Site

Dear Jonathan: ... .L} . - =. ri- ..-."-. . -.- ..,

This letter will confirm your conversation with Neil Clain, Jr., Esquire, of our offices onMonday, October 25, 1999, in which Mr. Clain informed you that Alien-Bradley Co., LLC ("Alien-Bradley'*) is willing to pay the General Washington Country Club (the "Country Club") the sum ofOne Thousand Dollars ($1,000) as compensation for access to the Country Club's golf course (the"Golf Course") for the purpose of constructing the remediation system described in my October 13,1 999, letter to the Country Club and the easement required to protect the improvements associatedwith said construction,

Concerning the remainder of the requests you made on behalf of the Country Club, please beadvised that Alien-Bradley will not:

1) Install flow meters on the Country Club's Egypt Road and Rittenhouse Road wells;

KOP:147741.13177-01

AR000222

Jonathan Rinde, EsquireOctober 26,1999Page 2

2) Collect the meter measurements required by the Delaware River Basin Commission;

3) Copy the Country Club and/or the Lower Providence Township Municipal Authorityon any transmittal of data regarding the remediation system;

4) Prepare a drought emergency plan; or

5) Provide compensation to the Country Club for water removed from the publicaquifer.

Because Allen-Bradley's deadline to commence construction on the Golf Course isupcoming, if we have not heard from you by November 1,1999, with respect to Allen-Bradley'soffer, we will be forced to conclude that our requests for access to construct a remedy and for aneasement to protect the improvements to be installed have been denied, with the result that we willbe forced to solicit the assistance of the EPA to secure the access and easement that we request

Please do not hesitate to call me with any questions you may have concerning this letter.

Very truly yours,

Michael J. Maransky

MJM/lbvcc: William K. Richardson, Jr., P.G.

General Washington Country Club (Via Federal Express & Certified Mail, R.R.R.)

KOP-.147741.13177-01

AR000223

LAWOFFICES . .. . - ' .. . _.. ;M.CHA.LO .TWCHTMAN POWELL, TRACHTMAN, LOGAN, CARRLE,PAULA.L.OOAN**** __ _ _ *OWTHERO.CAR.W BOWMAN & LOMBARDO .C.CKAINOU BOWMAN . . __ . RALPHS PDWBLL.HBRUClD.LOMBAtDO APWJTOIIOMALCOMORATJeW MALCOLM B JACOMONJONATHAN K.HOLLM 47« AnavnAipPrtAf* - — -LAWRBNCI A. BORDA*** * ' * AU-8KDAL" K°A» 1 1 4 Notra SECOND STIBBTNIIL P. CLAIN. Jt.* SU1TB 200 HARRDIUKO, FA ITIOIITHAHN.HALMRITADT" KlNO OF PRUSSIA, PA 19406" - = .-- : , . <?l7)33«.wooDAVID T.BOtOMt , . . . . FAX(TI7)lJt-»ja5RICH AID J.DAVIU*. : . • - • . ' :-•;•• : - • - : ; ^ -- / : " " = -1-'. : :. . i'-- • .- 7

.. . .. i : . (610)354.9700 r5 i ,FRSDIRKXP.WARNIR- , / FAC8aoLB(*10)3M 7« , _ _CHARLU V.CimiJY* * W4A«AKKY@POWlLLTRACimiAI*.COMSTIVINO.BAftlMLfY*ROBE>TB.BALLA«D* - - " . - .... .., .s...UlcHABLW.WnmiLD* , -MICHILIF.CONTS* ='• " : - - ' " . - • _ • - . s ,MKHAILJ.MAKANBKY* /V.*-l™ 11 1OOORAYMOND L.DILVCA* UCtODCr 13, 1999OlOROlT.RtYNOLDI' -MARY J. FiotRSBN* _ . > PLEASE REPLY TO:stANO.Durrv* - - . - , -SUSSES?.. : : ;•AUOAOMITTIDDINI - , -tALMADMITTBDWNC - -•ALtOAOMITTlDDtMD ,•AUO ADMITTED M O B - - - - - - -•ALtO ADMrTTBD IN DC - ' .tALIOADMtTTBDHFL : " -'-• ALSO AOUITTBD IN NY•ALIO ADMirriD 1H K Y

Via Federal Express & Certified Matt. R.R.R.General Washington Country ClubLower Providence Township Municipal AuthorityATTN: Superintendent2750 Egypt RoadAudubon, PA 19403 * ;

Re: Commodore Semiconductor Group Superfund Site

Dear Sir/Madam: > ; •-.--- : i

The Alien-Bradley Company, LLC ("Alien-Bradley"), is constructing a groundwaterremediation system pursuant to an order issued by the United States Environmental Protection .Agency ("EPA11), which order became effective at the end of August, 1993. The purpose of thisconstruction is to remediate groundwater contamination resulting from a release of materials at theCommodore Semiconductor Group Site (the "CGS Site") located at 950 Rittenhousc Road,Nonistown, Pennsylvania.

To perform its obligations under the EPA's order, Alien-Bradley is seeking access to sitessurrounding the CSG Site, including property owned by the Authority. Our review of propertyrecords discloses that the Authority owns the General Washington Country Club Golf Course (the"Golf Course"). Alien-Bradley requests your permission to gain access to the Golf Coursetoperform some or all of the activities described in the enclosed agreement Pursuant to the approvedremedy, Alien-Bradley intends to construct a pipeline from Audubon Water Company well AUD-

KOP;146e2a.13177-4>1

AR00022U

Lower Providence Township Municipal AuthorityOctober 13, 1999Page 2

MW1 to a treatment system being erected on the former Commodore property, which is currentlyowned by GMT Microelectronics Corp. The location of this pipeline is set forth on a site planpreviously forwarded to Mrs. Deborah McQuiston of the Lower Providence Township MunicipalAuthority (the "Authority") by Kevin Hansen of Advanced GeoServices Corp. ("AGS") on October5, 1999. I have enclosed herewith a copy of a proposed Right of Entry Agreement and a separateDeed of Grant pertaining to an easement for the intended improvements.

As background, the remediation system currently under construction was approved by theEPA after it was submitted for public comment The Authority offered no objection to theremediation plan during the public comment period. Moreover, prior to learning that the Authoritywas the owner of the Golf Course, AGS, on behalf of Alien-Bradley, engaged in extensivediscussions with Lower Providence Township and had obtained assurances from the township thatit would provide the access needed to comply with the EPA Order.

We have reviewed Jonathan RindVs October 8, 1999, letter to Kevin Hansen of AGS, whichwe understand to have been written on behalf of the Authority, and are aware of the issues thatconcern the Authority. We are willing to discuss these issues in an attempt to resolve themamicably; however, because construction has begun on the remediation project, it is imperative thatour dialogue over these issues begin now. In light of Mr. Rlnde's letter and/or history of discussionpreceding this request, if we have not heard from you by October 21,1 999, we will be forced toconclude that our requests for access to construct the remedy and for an easement to protect theimprovements to be installed have been denied, with the result that we will be forced to solicit theassistance of the EPA to secure the access and easement that we request

Despite the Authority's present position, I hope to continue a dialogue in the hope that wecan reach a mutually satisfactory agreement promptly on the issues raised in this letter and in theenclosed access agreement and deed of grant Please keep an open mind on these issues, andremember that Alien-Bradley seeks access not for its personal gain, but to improve the quality of animportant source of drinking water for the community. I remain most willing to discuss with youany specific concerns that you may have about our requests.

Very truly yours,

Michael J. Maransky

MJM:lbvcc: Jonathan E. Rinde, Esquire

William K. Richardson, Jr., P.O.

KOP:146626.13177-01

AR000225

JaGHT OF ENTRY AGREEMENT

This Agreement is made by and between the Alien-Bradley Company, LLC ("Alien

Bradley"), a Wisconsin corporation, and Lower Providence Township Municipal Authority

C'Owner").

WHEREAS, Alien-Bradley is constructing a groundwater remediation system pursuant to

a unilateral administrative order of the United States Environmental Protection Agency ("EPA")

dated June 29,1993 (the "Order"), in the vicinity of the Commodore Semiconductor Group Site

(the "CSG Site") located at 950 Rittenhouse Road, Norristown, Pennsylvania (the "Remediation

System");

WHEREAS, the Owner owns the Lower Providence-General Washington Country Club

Golf Course (the "Property"); and ;

WHEREAS, Alien-Bradley, in order to construct the Remediation System, has requested

that Owner permit Alien-Bradley, the EPA, and the Pennsylvania Department of Environmental

Resources ("PADER") and their employees, agents, representatives and contractors to enter upon

the Property, for the purpose of conducting certain activities as herein described, and Owner has

agreed to such request ; - .,

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the

parties, intending to be legally bound, agree as follows:

1. Owner shall grant Alien-Bradley, EPA and PADER, and their employees, agents,

representatives and contractors, a right of entry to the Property consistent with the terms and

conditions of this Agreement the purpose of placing, constructing, operating, repairing,

maintaining, testing, rebuilding, replacing, relocating, and removing pipelines, power cables,

KOP:12991fl.13177XJ1

; AR000226

control cables and other related equipment for transporting and transferring water to Allen-

Bradley's treatment facility. Pedestrian and vehicular ingress and egress to the property for these

purposes shall form a part of the rights created by this Agreement Prior to its entry on the

Property to begin the work under this Agreement, Alien-Bradley shall give seven (7) days

advance notice to Owner and shall thereafter keep Owner advised as to when it intends to be on

the Property.

2. Upon completion of the construction and installation, Alien-Bradley shall repair

any pre-existing improvements to the property damaged during the construction and installation,

other than those removed to make way for the permanent improvements placed on the property

pursuant to this Agreement

3. The rights and privileges granted herein shall be in effect until the remediation of

the CSG Site is declared complete pursuant to the terms of a unilateral administrative order

issued by the United States Environmental Protection Agency to Alien-Bradley on June 29,

1993.

4. In the event the activities conducted by or on behalf of Alien-Bradley damage the

Property beyond what is reasonably expected in connection with the construction of the

Remediation System, then Alien-Bradley shall, upon notice from Owner, immediately repair or

remediate such damage at Allen-Bradley's cost, subject to the other terms and conditions of this

Agreement In the event Alien-Bradley fails to remediate or repair within a reasonable time after

written notice from Owner, then Owner shall advise Alien-Bradley in writing of Owner's

intention to remediate at least ten (10) days in advance and shall thereafter have the right to

remediate and/or shall repair at Allen-Bradley's cost In the event Alien-Bradley fails to pay the\

KOR129fl19.13177-01 2

AR000227

cost of repair and/or remediation, as the case may be, then Owner shall have the right to enforce

the payment for the cost of repair and/or remediation in the Court of Common Pleas of

Montgomery County, Pennsylvania, or such other court having jurisdiction, and Alien-Bradley

may defend the action with any and all relevant defenses. In the event judgment is rendered in

favor of Alien-Bradley and against Owner, Alien-Bradley will be entitled to payment of its court

costs and reasonable attorneys* fees by the Owner. In the event judgment is rendered in favor of

Owner and against Alien-Bradley, Owner will be entitled to payment of its court costs and

reasonable attorneys* fees. % , .

5. Alien-Bradley and Owner will work together in a reasonable manner to avoid

interfering or disrupting each other's activities. Alien-Bradley shall immediately upon notice *

from Owner cease and desist from any activity which in the opinion of Owner interferes

unreasonably with Owner's use of the Property. Owner's right to provide said notice is not a

waiver of any rights that Alien-Bradley, PADER and EPA have under the law to seek access to

the Property. .

6. Alien-Bradley agrees to indemnify and hold Owner harmless from any and all

claims arising out of Allen-Bradley's activities pursuant to this Agreement in performing any of

the work to be performed by Alien-Bradley as set forth in this Agreement, including any

demands, judgments, reasonable attorneys* fees and costs.

7. Prior to entry upon the Property, Alien-Bradley shall provide proof of insurance

for its contractors who will be conducting the work and shall provide proof that Owner is named

as an additional insured on the contractor's general liability insurance policies. Owner shall be

named as an additional insured only for liabilities arising in connection with the work to be, -

KOP-.129319.13177-01 *'- 3

, AR000228

performed by Alien-Bradley pursuant to this Agreement

8. Alien-Bradley shall, at its expense, obtain all necessary licenses and permits

required in connection with its activities on the Property.

9. This Agreement shall be construed according to the laws of the Commonwealth of

Pennsylvania.

10. This Agreement may be executed in counterparts.

IN WITNESS WHEREOF, Alien-Bradley and Owner have caused this Agreement to be

executed the day and year set forth below.

Date: LOWER PROVIDENCE TOWNSHIPMUNICIPAL AUTHORITY

________ By:

Date: ALLEN-BRADLEY COMPANY, LLC

________ By:_________________

KOPn29919.13177.01

AR000229

DEEP OF GRANT

I. It is hereby agreed that Lower Providence Township Municipal Authority, hereinafter

called Grantor, for a good and valuable consideration does grant, sell and convey unto Alien-Bradley

Company, LLC, hereinafter called Grantee, an easement and right-of-way upon and across the following

described property of the Grantor located at -' - 5; - • - - - --. designated as Block . Lots .

on the.taxmap ofMontgomery County, Pennsylvania: v ,

' ' [insert correct metes and bounds description of seryient estate].

2. The right-of-way, easement, rights, and privileges herein granted shall be used only for

the purpose of placing, constructing, operating, repairing, maintaining, testing, rebuilding, replacing,

relocating, and removing pipelines, power cables, control cables end other related equipment for- -

transporting and transferring water to Grantee's treatment facility. Pedestrian and vehicular ingress and

egress to the property for these purposes shall form a part of the rights created by this Agreement.

, 3. The pipelines, power cables, control cables and other related equipment shall be

approximately as shown on drawing C*2, attached and made part this Deed of Grant, and shall not vary

therefrom by more than ten (10) feet in either direction. Upon completion of construction, Grantee shall

furnish Grantor with a plat showing the location of said easement and right-of-way which shall then be

twenty (20) feet in width. -: - ^r : - -

4. On the completion of such construction and installation, Grantee shall repair any pre-

existing improvements to the property damaged during the construction and installation other than those

removed to make way for the permanent improvements placed on the property pursuant to this grant

5. The easement, rights, and privileges herein granted shall be in effect until the

remediation of the CSO Site is declared complete pursuant to the terms of a unilateral administrative

order issued by the United States Environmental Protection Agency to Grantee on June 29,1993

(MUAO"). Grantor hereby binds itself, its successors, assigns, and legal representatives, to warrant and

KQP:145947.13177.Q1

AR000230

forever defend the above-described easement and rights unto Grantee, its successors, and assigns, against

every person whomsoever lawfully claiming or to claim the same or any part thereof.

6. The easement, rights, and privileges granted herein are exclusive, and Grantor covenants

mat it will not convey any other easement or conflicting rights within the area covered by this grant

7. This instrument shall extend to and be binding on the heirs, executors, administrators,

trustees, successors, assigns, invitees, agents, contractors and representatives of the parties hereto.f

8. Grantee shall have the right to cut and trim trees or shrubbery which may encroach on

the easement area herein conveyed, and Grantee shall dispose of all cuttings and trimmings by loading

and hauling them away from the premises.

9. The easement, rights, and privileges granted hereunder shall terminate when, or at such•time, as the remedy is complete pursuant to the terms of the UAO or as otherwise directed by the United

States Environmental Protection Agency.

10. . The United States Environmental Protection Agency and the Pennsylvania Department

of Environmental Protection are express third-party beneficiaries of this Agreement and shall be entitled

to enforce its provisions.

11. Grantor also retains, reserves and shall continue to enjoy the use of the surface of such

property for any and all purposes which do not interfere with and prevent the use by Grantee of the

within easement

IN WITNESS WHEREOF, this instrument is executed this _____ day of ____,

1999.

Lower Providence Township Municipal Authority

BY:Name:Title:

KOP-.145347.13177-01 "2-

AR00023I

i j ._.-•-.; -/ -: Authorized Representative

Commonwealth of Pennsylvania

County of ___________

On this, the __ day of ______, 1999, before me the undersigned personally appeared

known to me or satisfactorily proven to be the person whose name is subscribed to the

within instrument, and acknowledged mat ______ executed the same for fee purpose therein

contained.

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

[Seal][Signature]

Notary Public

KQP-.145947.13177-01 ~*

: AR000232

Jonathan E. Rinde1020 Hildebidle Drive

Collegeville, PA 19426-3048

Octobers, 1999

VIA TELEFAX

Mr. Kevin Hansen, P.O.Advanced GeoServices Corp.Chadds Ford Business CampusRts. 202 & 1, Brandywine One - Suite 202Chadds Ford, PA 19317-9676

Re: Lower Providence TownshipGeneral Washington Country Club

Dear Mr. Hansen:

The Board members of the Lower Providence Township Municipal Authority (the"Authority"), owners of the Lower Providence-General Washington Country Club (the"Club'0, have asked me to coordinate with you regarding the recent request of yourclient, Alien-Bradley Company, LLC, to use a monitoring well which is presently locatedon the Club for groundwater extraction as part of the groundwater remediation beingconducted by your client, and also your request to construct a buried pipeline to transportthe groundwater extracted from this well to a treatment plant located on property adjacentto the Club.

As we discussed by telephone yesterday, the Authority is not able to act uponyour request at this time. We have a variety of concerns with your client's proposal, oneof which is that this new pumping may adversely affect the golf course operations and theexisting groundwater withdrawn for irrigation purposes. You have informed me thatthere have been no studies done to determine what affects, if any, the new groundwaterwithdrawal undertaken as part of the remediation may have on the existing wells on thegolf course, or on the operation of the golf course. Obviously, since the Club is apublicly-owned facility, the Authority must protect the taxpayers' investment in the Club.

^ AR000233©

Kevin Hansen, P.O.Octobers, 1999Page 2

As you also confirmed yesterday, the meeting you recently had in the field withAuthority Board members Neil Basile and Bill Markley was the first time anyone hadcoordinated with the Authority on this matter, and therefore we were unaware of yourplans until this time. Although I understand you have developed a timeline for thisproject which provides for your work on the Club to begin in November, we would haveraised these concerns much earlier in the process if the Authority had been consulted.

If you would tike to provide us with additional information which addresses theseissues, we will surely review it and continue to work with you.

JER/nba

cc: Lower Providence Township Municipal Authority Board MembersMichael Furey, EsquireBoard of Supervisors, Lower Providence TownshipMs. Ruth Scharr, USEPAMr. Gregory Cavallo, DRBCMr. Russ Mirmelstein, AGIMr. George Buchanan, Normandeau

fiR00023l*119S91.1