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1993-09-28 WS Exhibits RESOLUTION AUTHORIZING CONTRACT WITH U.S. ARMY CORPS OF ENGINEERS FOR FUNDING OF A PORTION OF THE REMEDIAL DESIGN/REMEDIAL ACTION AT THE NEW HANOVER COUNTY AIRPORT BURN PIT SUPERFUND SITE WHEREAS, the City of Wilmington, New Hanover County, Cape Fear Community College and the U.S. Department of Defense are potentially responsible parties relating to the New Hanover County Airport Burn Pit Superfund Site; and WHEREAS, the PHP's will be required to perform a Remedial Design/Remedial Action (RD/RA) relating to the site. The Department of Defense through the U. S. Army Corps of Engineers has advised the local PRP's that it cannot be a party to a consent decree relating to the Site, but is willing to pay a portion of the cost of the RD /RA; and WHEREAS, because of uncertainties relating to the extent of the contamination at the Site and the effectiveness of the remedy proposed in the Record of Decision for the Site, the parties have been unable to agree upon an amount to be paid by the Corps; and WHEREAS, it appears that part of the work at the Site will include an additional year of groundwater monitoring to determine the extent of the contamination and any natural attenuation of the contaminants at the Site; and WHEREAS, in lieu of reaching agreement on a payment amount at this time, the Corps has offered to consider paying 25% of the cost of an additional year's monitoring and the cost of pursuing the possible reclassification of groundwater at the Site. In addition, the Corps will consider paying 25% of costs billed by the EP A in the first year for past response costs; and WHEREAS, after an additional year of monitoring, the parties should be in a better position to determine the risks associated with the Site and finalize negotiations concerning a buyout amount to be paid by the Corps of Engineers; and WHEREAS, it is in the best interest of the County to proceed with an agreement with the Corps of Engineers for funding the additional year of groundwater monitoring. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners does authorize the County to enter into an agreement with the U. S. Army Corps of Engineers for funding of the costs of additional groundwater monitoring at the New Hanover County Airport Bum Pit Superfund Site in accordance with the terms and conditions set forth above. Adopted this the 28th day of September, 1993. [Seal] /f?LlMu,- Robert G. Greer, Chairman New Hanover County Board of Commissioners Attest: