SDMS DOCID# 1121679
FIVE-YEAR REVIEW REPORT
FOR
DEL MONTE CORPORATION
(OAHU PLANTATION)
SUPERFUND SITE
KUNIA, HAWAII
June 2010
¦ l uiiwvivi, i—m viv?iOn
EPA, Region 9
Approved by:
Date:
-------
Contents
Acronyms and Abbreviations v
Executive Summary vii
Five-Year Review Summary Form ix
1.0 Introduction 1-1
2.0 Site Chronology 2-1
3.0 Site Background 3-1
3.1 Physical Characteristics 3-1
3.2 Geology 3-1
3.3 Land and Resource Use 3-2
3.4 History of Contamination 3-3
3.5 Initial Response 3-3
3.5.1 Remedial Investigation Activities 3-4
3.6 Basis for Taking Action 3-4
4.0 Remedial Actions 4-1
4.1 Remedy Selection 4-1
4.1.1 Perched Aquifer and Deep Soil Remedy Components 4-1
4.1.2 Basal Aquifer Remedy Components 4-2
4.2 Remedy Implementation 4-2
4.2.1 Perched Aquifer and Deep Soil Remedy 4-2
4.2.2 Basal Aquifer Remedy 4-3
4.3 Operation and Maintenance 4-4
4.3.1 Basal Aquifer Treatment System 4-4
4.3.2 Perched Aquifer Treatment System 4-5
4.3.3 Institutional Controls 4-5
4.3.4 O&M Costs 4-5
5.0 Progress Since the Last Five-Year Review 5-1
6.0 Five-Year Review Findings 6-1
6.1 Five-Year Review Process 6-1
6.2 Community Notification and Involvement 6-1
6.3 Document Review 6-1
6.4 ARARs Review 6-1
6.5 Human Health, Toxicology and Ecological Risk Analysis Review 6-2
6.6 Data Review 6-2
6.6.1 Evaluation of Perched Aquifer Remedy 6-2
6.6.2 Evaluation of Basal Aquifer Remedy 6-3
6.7 Institutional Controls 6-5
6.8 Site Inspection 6-6
6.9 Interviews 6-7
7.0 Technical Assessment 7-1
7.1 Question A: Is the Remedy Functioning as Intended by the Decision
Documents? 7-1
7.1.1 Remedial Action Performance and Operations and Maintenance7-1
ES032510143353BAO\101730001
-------
CONTENTS
7.1.2 Opportunities for Optimization 7-1
7.2 Question B: Are the Exposure Assumptions, Toxicity Data, Cleanup
Levels and Remedial Action Objectives Used at the Time of the
Remedy Selection Still Valid? 7-2
7.3 Question C: Has Any Other Information Come to Light that Could Call
into Question the Protectiveness of the Remedy? 7-3
7.4 Technical Assessment Summary 7-3
8.0 Issues 8-1
9.0 Recommendations and Follow-Up Actions 9-1
10.0 Protectiveness Statement 10-1
11.0 Next Review 11-1
12.0 References 12-1
Tables
2-1 Chronology of Del Monte Site Events 2-1
4-1 Del Monte Treatment System Operation and Maintenance Costs 2005 - 2009....4-6
8-1 Issues Identified During Five-Year Review Process 8-1
9-1 Recommendations and Follow-Up Actions 9-1
Figures
1-1 Del Monte Corporation (Oahu Plantation) Site Location Map 1-3
3-1 Site Vicinity Map 3-5
3-2 Kunia Village Area 3-7
3-3 EPA Source Area 3-9
4-1 Perched Aquifer Treatment System Layout 4-7
4-2 Basal Groundwater Monitoring Network and October 2008 Groundwater
Elevations 4-9
Appendices
A Documents Reviewed
B ARARs Review Memorandum
C Human Health, Toxicology and Ecological Risk Analysis Memorandum
D Data Review Memorandum
E Institutional Controls Evaluation Memorandum
F Site Inspection Checklist, Photographs, and Figures
G Technical Interviews
iv
ES032510143353BAO\101730001
-------
Acronyms and Abbreviations
(ig/L micrograms per liter
1,2-DCP 1,2-dichloro pro pane
1,2,3-TCP 1,2,3-trichloro pro pane
AOC Administrative Order of Consent
ARARs Applicable or Relevant and Appropriate Requirements
bgs below ground surface
BRA Baseline Risk Assessment
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
of 1980
coc
constituent of concern
DBCP
l,2-dibromo-3-chloro pro pane
EDB
ethylene dibromide
EPA
United States Environmental Protection Agency
FS
Feasibility Study
GAC
granular activated carbon
gpm
gallons per minute
HDOH
Hawaii Department of Health
ICs
institutional controls
JCC
James Campbell Co. LLC
kg
kilogram
KVSA
Kunia Village Source Area
KWTS
Kunia Well Treatment System
MCL
maximum contaminant level
mg/L
milligrams per liter
MNA
monitored natural attenuation
NPL
National Priorities List
O&M
operation and maintenance
ES032510143353BAO\101730001 v
-------
ACRONYMS AND ABBREVIATIONS
RAOs
remedial action objectives
RI
Remedial Investigation
ROD
Record of Decision
SVE
soil vapor extraction
TI
Technical Impracticability
VOC
volatile organic compound
vi
ES032510143353BAO\101730001
-------
Executive Summary
The United States Environmental Protection Agency (EPA) completed the first five-year
review of the remedial actions implemented at the Del Monte Corporation (Oahu
Plantation) Superfund Site (the Del Monte Site, or the Site) located in Kunia, Hawaii. The
purpose of the five-year review is to evaluate whether the remedial measures implemented
at the Del Monte Site continue to be protective of human health and the environment.
Del Monte Fresh Produce (Hawaii) Inc. grew and processed pineapple on the plantation
from about 1946 to November 2006. During that time a number of pesticides (soil
fumigants) were applied to the soil to control nematodes (worms) that attack pineapple
roots. These fumigants were stored, mixed, and spilled in an area near the Kunia well, a
former drinking water supply well. Fumigants spilled in the area have contaminated
shallow (20 feet to 100 feet below ground surface [bgs]) subsurface soil and perched
groundwater, as well as deep basal groundwater.
Constituents of concern (COCs) in soil and groundwater are ethylene dibromide (EDB), 1,2-
dibromo-3-chloropropane (DBCP), 1,2-dichloropropane (1,2-DCP), and 1,2,3-
trichloropropane (1,2,3-TCP).
A Preliminary Assessment/Site Investigation was conducted by EPA at the Site in 1990.
EPA subsequently completed a Hazard Ranking Scoring process for the Site in 1992. The
Site was added to the National Priorities List on December 16,1994, and Del Monte Fresh
Produce (Hawaii) Inc., EPA and the State of Hawaii signed an administrative order of
consent for a Remedial Investigation/Feasibility Study and Engineering Evaluation and cost
analysis on September 28,1995. A Record of Decision (ROD) was signed for the Del Monte
Site in September 2003. The selected remedy addressed soil and groundwater contamination
at the Site. EPA determined that the pesticides EDB, DBCP, 1,2,3-TCP, and 1,2-DCP have
been released into soil and perched groundwater at the Site, and that a substantial threat of
release to basal groundwater exists. The objective of the selected remedy was to eliminate
potential future exposure to contaminants in the Kunia Village Source Area (KVSA) and to
restore drinking water beneficial use to the basal aquifer. EPA's selected cleanup remedy is
divided into two parts: 1) the shallow groundwater (perched aquifer) and contaminated soil
in the KVSA from approximately 20 feet bgs to 100 feet bgs, and 2) the deep groundwater
(basal aquifer). Construction completion for the selected remedies was achieved for the Del
Monte Site with the signing of the Preliminary Close Out Report (EPA, 2008) on September
8, 2008.
The assessment of this five-year review found that the remedy was constructed in
accordance with the requirements of the ROD. The remedy is functioning as intended by the
decision document, except for the one issue stated below and discussed in more detail in the
Five-Year Summary Review Form and in Section 8, Issues, and Section 9, Recommendations.
The remedy for the Del Monte Superfund Site is protective of human health and the
environment because there is no exposure to untreated perched or basal aquifer
groundwater. Furthermore, the Hawaii Department of Health (HDOH) prohibits any use of
ES032510143353BAO\101730001
vii
-------
EXECUTIVE SUMMARY
the basal groundwater, even for irrigation, without treatment, unless the groundwater
meets State of Hawaii maximum contaminant levels (MCLs).
The ultimate objective for the basal aquifer remedy is to restore the basal aquifer to its
beneficial use as a drinking water source. Recent groundwater data shows that the
groundwater in the basal aquifer has "background" levels of COCs above Hawaii MCLs
due to the historical application of pesticides in the area. This means that aside from the
contamination resulting from the spill of COCs at the Site, the groundwater in the basal
aquifer already has COCs present at levels above Hawaii MCLs. This recent data may make
it more difficult to restore the groundwater in the basal aquifer to drinking water levels,
which is one of the remedial action objectives of the basal aquifer remedy. At some point in
the future, this remedial action objective and cleanup levels of Hawaii MCLs for the basal
aquifer may need to be re-evaluated.
viii
ES032510143353BAO\101730001
-------
Five-Year Review Summary Form
SITE IDENTIFICATION
Site name : Del Monte Corporation (Oahu Plantation)
EPA ID: HID980637631
Region: 9
State: Hawaii
City/County: Kunia/Honolulu
NPL status: 0 Final ~ Deleted ~ Other (specify)
Remediation status (choose all that apply): 0 Operating ~ Complete
Multiple OUs? 0 YES ~ NO
Construction completion date: September 8, 2008
Has site been put into reuse? 0YES ~ NO
REVIEW STATUS
Reviewing agency: 0 EPA ~ State ~ Tribe ~ Other Federal Agency
Author name: Judy Huang
Author title: Remedial Project Manager
Author affiliation: EPA Region 9
Review period: December 17, 2009 - June 15, 2010
Date(s) of site inspection: January 27, 2010
Type of review: 0 Statutory
~ Policy ~ Post-SARA ~ Pre-SARA ~ NPL-Removal only
~ Non-NPL Remedial Action Site ~ NPL State/Tribe-lead
~ Regional Discretion)
Review Number: 01 (first) ~ 2 (second) ~ 3 (third) ~ Other (specify)
Triggering action:
~ Actual RA Onsite Construction at OU
0 Actual RA
~ Construction Completion
~ Previous Five-Year Review Reports
~ Other (specify)
Triggering action date: September 27, 2005
Due date (five years after triggering action date): September 27, 2010
ES032510143353BAO\101730001
ix
-------
EXECUTIVE SUMMARY
Five -Year Review Summary Form, cont'd
Issue:
Due to the presence of background concentrations of COCs (EDB, DBCP, 1,2-DCP, and 1,2,3-TCP)
in basal groundwater above Hawaii MCLs, even with the elimination of the COCs from the Kunia
Village Source Area (KVSA) and the phased monitored natural attenuation (MNA)/pump and treat
remedial actions in the basal groundwater, the remedial action objective (RAO) of restoring the basal
groundwater to drinking water use may not be achievable in a reasonable time frame.
Recommendations and Follow-up Actions:
Recent groundwater data show that the groundwater in the basal aquifer has "background" levels of
COCs above Hawaii MCLs due to the historical application of pesticides in the area. This means that
aside from the contamination resulting from the spill of COCs at the Site, the groundwater in the basal
aquifer already has COCs present at levels above Hawaii MCLs. This may make it more difficult to
restore the groundwater in the basal aquifer to drinking water levels. At some point in the future, this
RAO of restoring the basal aquifer to drinking water levels may need to be re-evaluated.
Protectiveness Statement:
The remedy for the Del Monte Superfund Site is protective of human health and the environment
because there is no exposure to untreated perched or basal aquifer groundwater. Furthermore, the
Hawaii Department of Health (HDOH) prohibits any use of the basal groundwater, even for irrigation,
without treatment, unless the groundwater meets State of Hawaii MCLs.
Other Comments:
None
X
ES032510143353BAO\101730001
-------
1.0 Introduction
The United States Environmental Protection Agency (EPA) is conducting this five-year
review of the remedial actions implemented at the Del Monte Corporation (Oahu
Plantation) Superfund Site (the Del Monte Site, or the Site) in Kunia, Hawaii (Figure 1-1).
The five-year review process evaluates whether the remedies for the Del Monte Site,
specified in the Record of Decision (ROD) (EPA, 2003), remain protective of human health
and the environment. The methods, findings, and conclusions of reviews are documented in
five-year review reports. In addition, five-year review reports identify issues found during
the review and provide recommendations and proposed follow-up actions.
This review is required by federal statute. EPA must implement five-year reviews consistent
with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) and the National Oil and Hazardous Substances Pollution Contingency Plan
(also known as the National Contingency Plan). CERCLA Section 121(c), as amended, states:
If the President selects a remedial action that results in any hazardous substances,
pollutants, or contaminants remaining at the Site, the President shall review such
remedial action no less often than each five years after the initiation of such remedial
action to assure that human health and the environment are being protected by the
remedial action being implemented. In addition, if upon such review it is the
judgment of the President that action is appropriate at such site in accordance with
section [104] or [106], the President shall take or require such action. The President
shall report to the Congress a list of facilities for which such review is required, the
results of all such reviews, and any actions taken as a result of such reviews.
EPA interpreted this requirement further in the National Contingency Plan; 40 Code of
Federal Regulations §300.430(f)(4)(ii) states:
If a remedial action is selected that results in hazardous substances, pollutants, or
contaminants remaining at the site above levels that allow for unlimited use and
unrestricted exposure, the lead agency shall review such action no less often than
every five years after the initiation of the selected remedial action.
This is the first five-year review report for the Del Monte Site, and this five-year review
report has been completed because hazardous substances, pollutants, or contaminants
remain at the Del Monte Site above levels that allow for unrestricted use and unlimited
exposure.
ES032510143353BAO\101730001
1-1
-------
Pacific Ocean
Pearl
Harbor
Honolulu
LEGEND
Cities, towns
—Rivers, streams
Highways, roads
10
MILES
Figure adopted from Golder INC.
FIGURE 1-1
DEL MONTE CORPORATION
(OAHU PLANTATION)
SITE LOCATION MAP
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
ES030210152702BAO_Fig-1 -1_Del_Monte_Corp_Site_Location_Map.ai 3/28/10 ez
CH2MHILL -i
-------
2.0 Site Chronology
Table 2-1 provides a chronology of significant events at the Del Monte Site.
TABLE 2-1
Chronology of Del Monte Site Events
Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii
Event
Date
Del Monte Corporation (Del Monte) raised pineapples on 6,000 acres in central Oahu.
Fumigants (pesticides) were stored, mixed, and used to control nematodes (worms) that
infest pineapples.
1940s-2006
The Kunia well produced domestic and agricultural water for about 700 residents of
Kunia village.
1946-April 25,
1980
An accidental spill of about 495 gallons of the soil fumigant ethylene dibromide (EDB),
containing about 0.25 percent 1,2-dibromo-3-chloropropane (DBCP), occurred on bare
ground about 60 feet away from the Kunia well.
April 7, 1977
The Hawaii Department of Health (HDOH) sampled the Kunia well for EDB to see if the
well had been contaminated. Analytical results were non-detect for EDB.
April 15, 1977
DBCP was detected in California drinking water wells near fumigated farmland, so
HDOH again sampled the Kunia well, for EDB and DBCP. Analytical results for the
Kunia well showed the groundwater was contaminated with EDB (300 micrograms per
liter [|jg/L]) and DBCP (0.5 pg/L).
April, 24 1980
Due to confirmed EDB and DBCP contamination, Del Monte disconnected the Kunia
well from the Kunia Village drinking water distribution system.
April 25, 1980
Del Monte initiated soil and groundwater investigations and remedial cleanup efforts in
the vicinity of the Kunia well. Besides the Kunia well spill site, significant soil and
groundwater contamination was identified at the Former Fumigant Mixing and Storage
areas located about 50 - 150 ft northwest of the Kunia well. With HDOH approval,
approximately 18,000 tons of contaminated soil from the spill site was excavated,
spread, and aerated on inactive Del Monte pineapple fields.
1981 - 1983
Shallow groundwater extraction wells were installed and operated in the upper (perched)
groundwater aquifer to extract contaminated perched groundwater, and reduce
infiltration to the deeper (basal) aquifer. The Kunia well was pumped approximately
twice a week for 4-8 hours per day, to limit potential downgradient migration of
chemicals in the basal aquifer. The extracted water from these wells was used to control
road dust and irrigate non-crop areas. In 1994, EPA requested that land spreading of
the contaminated water stop as it may violate the Resource, Conservation, and
Recovery Act.
1980-1994
Del Monte funded epidemiologic studies, conducted by the University of Hawaii, which
indicated no acute effects in the exposed population due to short-term exposures from
Kunia well water.
1981
A Preliminary Assessment/Site Inspection (PA/SI) and Hazard Ranking Scoring process
was conducted by EPA.
1990
The Del Monte Site was proposed for listing on the National Priorities List (NPL).
May 10, 1993
EPA signed a memorandum of action with the State of Hawaii, whereby EPA agreed to
assume the role of lead agency with respect to enforcement activities at the Del Monte
Site.
November 25,
1994
ES032510143353BAO\101730001
2-1
-------
2.0 SITE CHRONOLOGY
TABLE 2-1
Chronology of Del Monte Site Events
Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii
Event
Date
The Del Monte (Oahu Plantation) Site is placed on the final NPL.
December 16,
1994
The Agency for Toxic Substances and Disease Registry (ATSDR) evaluated health
effects from the pre-1980 domestic use of Kunia well water, and the effects of
contaminated water use for dust control and non-crop irrigation. The ATSDR concluded
that Kunia Village residents had not been exposed to significant levels of EDB and
DBCP.
February 7, 1995
Administrative Order of Consent (AOC) signed by Del Monte, State of Hawaii, and EPA
requiring completion of the Remedial Investigation and Feasibility Study (RI/FS).
September 25,
1995
Del Monte conducted a Superfund Treatability Study of phytoremediation using plants
(koa haole) to treat contaminated groundwater. Closed-loop phytoremediation treatment
cells were constructed and are being successfully used to treat extracted groundwater.
1998 - Present
The Rl was conducted during 1997 and 1998 and the Final Rl report was approved by
EPA.
February 4, 1999
A baseline risk assessment (BRA) was performed to evaluate potential risks to human
health for current Kunia Village residents and maintenance workers, downgradient
Hawaii Country Club (HCC) workers, and downgradient hypothetical future residents.
The BRA concluded that the groundwater contamination posed no unacceptable risks to
current Kunia Village residents and maintenance workers or to HCC maintenance
workers, and did not present elevated risks for future residents and maintenance
workers exposed to untreated irrigation water from the Kunia well. The final BRA was
approved by EPA.
December 14,
2000
The final FS, evaluating various remedial alternatives, was completed and approved by
EPA.
April 22, 2003
The Record of Decision (ROD) was issued by EPA.
September 25,
2003
The First Amendment to the 1995 AOC was signed requiring Del Monte to install three
deep basal aquifer monitoring wells and begin extracting and treating groundwater from
the Kunia well. The AOC also specified that additional basal aquifer monitoring wells
would be installed as part of Remedial Design/Remedial Action (RD/RA).
January 12,
2004
EPA deleted the Poamoho section of the Del Monte Site from the NPL, because they
had determined, with concurrence from the HDOH, that the site presents no significant
threat to human health or the environment.
January 13,
2004
The design for the Kunia Well Treatment System (KWTS) was completed and approved
by EPA.
May 10, 2004
Quarterly basal groundwater monitoring and reporting is conducted.
2004 - Present
Consent Decree signed between EPA and Del Monte requiring Del Monte to complete
remaining RD/RA work, as specified in the ROD.
September 27,
2005
EPA issued a letter to Del Monte directing that an investigation be undertaken to
develop background concentrations of EDB and DBCP in the basal aquifer, and
indicating that a Technical Impracticability (Tl) waiver for cleanup to Hawaii MCLs may
be appropriate for the Site.
February 2, 2006
EPA conducted an inspection of the KWTS and determined it was operational and
functional as specified in the ROD.
May 17, 2006
2-2
ES032510143353BAO\101730001
-------
2.0 SITE CHRONOLOGY
TABLE 2-1
Chronology of Del Monte Site Events
Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii
Event
Date
EPA notified the landowner of the Oahu Plantation, James Campbell Co. LLC (JCC),
that they are considered potentially responsible for costs incurred in implementing the
institutional controls portion of the remedial action.
August 31, 2005
A Consent Decree was signed by the Department of Justice, EPA, and JCC, and lodged
in US District Court, requiring JCC to implement institutional controls.
June 8, 2007
Final RA documents were completed including the RA Work Plan, Operations and
Maintenance Manuals for the KWTS and Perched Aquifer System, Compliance
Monitoring Plan, Evaluation of Background Concentrations of Chemicals of Concern,
and a Three-Year Cumulative Basal Groundwater Monitoring Report.
2008 - 2009
The perched aquifer remediation system, vegetated cover, and additional monitoring
and extraction wells were designed, constructed, and underwent startup and shakedown
operations.
2006 to 2008
EPA conducted an inspection of the perched aquifer remedy and determined it was
operational and functional as specified in the ROD, and the system became fully
operational.
August 2008
A Preliminary Close Out Report documenting that all construction activities are complete
at the Del Monte Site was signed by EPA.
September 8,
2008
Quarterly Perched Aquifer Remediation System monitoring and reporting are conducted.
October 2008 -
Present
Del Monte announces they will cease production, harvesting, and shipment of
pineapples at the Del Monte Site.
November 2006
The Del Monte lease with JCC expires and all plantation workers were laid off. Del
Monte maintains responsibility for site cleanup and contractors will operate the
remediation systems until cleanup goals are achieved.
December 2008
The property owner, JCC, sells all parcels of the former Del Monte Site but will complete
annual inspections of the parcels and well restriction area to determine that the
institutional controls are kept in force, as required by the Consent Decree.
2008 - present
First Five-Year Review initiated and Site Inspection and Interviews conducted.
December 2009/
January 2010
ES032510143353BAO\101730001
2-3
-------
3.0 Site Background
The Del Monte Corporation (Oahu Plantation) Superfund Site is a former pineapple
plantation located near Kunia Village, Honolulu County, Hawaii. Del Monte Fresh Produce
(Hawaii) Inc. (Del Monte) grew and processed pineapple on the plantation from about 1946
to November 2006. During that time a number of pesticides (soil fumigants) were applied to
the soil to control nematodes (worms) that attack pineapple roots. These fumigants were
stored, mixed, and spilled in an area near the Kunia well, a former drinking water supply
well. Fumigants spilled in the area have contaminated shallow (20 feet to 100 feet below
ground surface [bgs]) subsurface soil and perched groundwater, as well as deep basal
groundwater. Constituents of concern (COCs) in soil and groundwater are ethylene
dibromide (EDB), l,2-dibromo-3-chloropropane (DBCP), 1,2-dichloropropane (1,2-DCP),
and 1,2,3-trichloropropane (1,2,3-TCP).
3.1 Physical Characteristics
Del Monte's Oahu Plantation was formerly a 6,000-acre pineapple plantation located on the
north-central plateau of the Island of Oahu. Oahu's central plateau is bounded on the east
by the Koolau Mountain Range and on the west by the Waianae Mountain Range
(Figure 1-1).
The Island of Oahu is characterized by moderate temperatures that remain relatively
constant throughout the year. Annual average rainfall on Oahu ranges from as little as 20
inches on the extreme leeward (or western) coast to as much as 300 inches at the crest of the
Koolau Range. Rainfall in the Waianae Range is considerably less than in the Koolau Range.
The occurrence of groundwater resources on Oahu is the direct result of rainfall infiltration.
Due to the higher amounts of rainfall in the Koolau Range as compared to the Waianae
Range, most of the recharge to basal groundwater is associated with the Koolau Range.
3.2 Geology
The Island of Oahu is comprised of the remnants of two late Tertiary shield volcanoes and
their associated rift zones. The western part of the island is the older, eroded Waianae
volcano; the eastern part of the island consists of the younger, eroded dome of the Koolau
volcano. Piling up of lavas from the Koolau volcano occurred on top of the older, eroded
slopes of the Waianae dome and produced the broad gently sloping plateau in the central
area of Oahu.
Near-surface materials in the vicinity of the Site consist primarily of the weathered
remnants of the original basaltic surface. In situ decomposition of basaltic bedrock has
progressed to depths of approximately 100 to 200 feet bgs. Near-surface soils consist of
several feet of a deep-red soil having a loose, and generally porous structure. Underlying
the surface soil is the subsoil, which extends to depths of about 10 to 30 feet. The subsoil is
similar to the surface soil in texture and mineralogy, but has larger and more distinct
ES032510143353BAO\101730001
3-1
-------
3.0 SITE BACKGROUND
structural units. The subsoil grades with depth to saprolite, which is a highly weathered
basalt that retains some textural and structural features of the parent rock, such as vesicles,
fractures and relict minerals. Saprolite is a clay-rich thoroughly decomposed rock formed by
in-situ weathering of the basalt. Beneath the saprolite lies basalt. In places, the basalt
immediately beneath the saprolite exhibits some moderate weathering. This zone of
weathered basalt is a transitional zone between the highly weathered saprolite and fresh
basalt.
As basalt weathers to saprolite, its pore structure is altered and, generally, permeability is
decreased as secondary clay minerals fill in pore spaces. In the Kunia Village Source Area
(KVSA), the permeabilities are low enough to create locally perched water tables (the
perched aquifer) within the saprolite zone. The saprolite generally has a thickness of about
50 to 150 feet.
Groundwater occurs within two distinct zones in the KVSA: the perched (shallow) aquifer
and the basal (deep) aquifer. Perched groundwater is not used for any purpose, but water
from the perched aquifer infiltrates down to the basal aquifer. Basal groundwater is used for
drinking water and irrigation; generally it flows in a southerly direction. The perched zone
is a localized aquifer that exists in the vicinity of the Kunia well. It extends to approximately
100 feet bgs. The basal groundwater begins at approximately 850 feet bgs.
Two basal aquifers are present in the Kunia area. The Kunia Village area is located above
the Pearl Harbor Basal Water Body near the contact between the Ewa-Kunia and Waiawa-
Waipahu Aquifer portions of the basal aquifer. The estimated location of the contact
between the Koolau (Waiawa-Waipahu) and Waianae (Ewa-Kunia) basalts at the basal
aquifer water table elevation is about 1,000 to 2,000 feet west of the Kunia well, as shown on
Figure 3-1 at the end of this section. The contact is comprised of a weathered zone and
accumulations of alluvium separating the lower, older Waianae lavas from the younger
Koolau lavas. Hydraulic head drop across the contact is about 2 to 3 feet, with heads in the
Koolau basalts being higher. Therefore, flow across the contact is always from the Koolau to
the Waianae sections. To date, no COCs have been detected in basal monitoring or
production wells completed in the Ewa-Kunia (Waianae) aquifer sections.
As a result of historical, uncontrolled releases of fumigants in the vicinity of the Kunia well,
both soil and perched groundwater in this area contain high levels of fumigants. The basal
aquifer contains lower levels of contaminants; however, the concentrations are above
Hawaii maximum contaminant levels (MCLs).
3.3 Land and Resource Use
The Oahu Plantation was operated by Del Monte until November 2006 when Del Monte
ceased pineapple operations. Del Monte leased the land from the owner, James Campbell
Company LLC (JCC), until the lease expired in December 2008. While comprised primarily
of agricultural areas, the plantation also contained two company-operated housing areas
(Kunia Village and Poamoho Village), equipment maintenance areas, chemical storage
areas, warehouses, and administrative buildings. The Kunia Village housing complex is in
close proximity to the primary source areas located around the Kunia well and the
surrounding historical chemical storage, mixing, and handling areas.
3-2
ES032510143353BAO\101730001
-------
3.0 SITE BACKGROUND
The plantation property has now been sold by JCC for use by other agricultural operations
and military housing. A Consent Decree (EPA, 2007) requires JCC to implement institutional
controls (ICs) to ensure that the new owners do not engage in activities that may interfere
with the operation of the remedial systems, and to complete annual inspections of the
parcels and well restriction area (see Figure 3-1) to document that the ICs are being
maintained. ICs also prevent unauthorized installation of production wells in the well
restriction area.
3.4 History of Contamination
In April 1977, an accidental spill involving about 495 gallons of the soil fumigant EDB
containing 0.25 percent DBCP occurred on bare ground within approximately 60 feet of the
Kunia well. The spill resulted from the failure of a hose connector on a bulk transport
container during transfer operations to an aboveground storage tank. EDB contamination
was not detected above the detection limit of 0.5 milligrams per liter (mg/L) in the Kunia
well based on analytical results of samples taken by the Hawaii Department of Health
(HDOH) within one week of the spill. However, subsequent sampling conducted in April
1980 indicated the presence of EDB and DBCP which resulted in disconnection of the Kunia
well from the Kunia Village drinking water system.
In response to the detection of the compounds in the Kunia well, Del Monte initiated soils
and groundwater investigations to determine the extent of contamination in the spill area
and adjacent areas where pesticides had been stored and mixed. In addition to the Kunia
well spill area, other areas impacted with fumigants near the well were identified, including
the Former Soil Fumigant Mixing Area and Former Soil Fumigant Storage Area (Figure 3-2).
These areas are located within about 50 to 150 feet northwest of the Kunia well. The nature
of accidental spillage near the former mixing and storage areas may have been intermittent
over a span of years, and the cumulative quantity of accidental spillage in these areas is
unknown.
3.5 Initial Response
Based on the initial investigations, 2,000 tons of contaminated soil were removed from the
EDB spill area in 1981, and 16,000 tons of contaminated soil were removed from the former
pesticide mixing and storage areas in 1983 (Figure 3-2). These soil removal activities resulted
in the creation of a 60-foot-deep by 75-foot-wide by 75-foot-long excavation pit. With
HDOH approval, the excavated soil was spread on a nearby field. Immediately after the
completion of excavation activities, a fence was constructed around the excavation area and
the Former Soil Fumigant Storage Area to restrict access. The entire fenced area around the
pit drained generally towards the excavation, which collected water during periods of
heavy rainfall (EPA, 2003).
In addition, three groundwater extraction wells were installed into the shallow, perched
aquifer and pumped periodically from 1980 to 1994. The Kunia well was also pumped
periodically during this time period. The extracted perched groundwater was used for dust
control on in-field pineapple roads away from residential populations. Groundwater
pumped from the Kunia well was used for non-crop irrigation of a grass-covered field
ES032510143353BAO\101730001
3-3
-------
3.0 SITE BACKGROUND
approximately 350 feet north of the Kunia well site. In September 1994, EPA requested that
Del Monte cease pumping of the Kunia well and perched groundwater wells due to
concerns regarding use of the extracted water (EPA, 2003).
In 1998, Del Monte entered into an agreement with the U.S. Department of Agriculture, U.S.
Army, and U.S. Army Corps of Engineers to conduct a Superfund Treatability Study of
phytoremediation using plants (koa haole) to treat contaminated groundwater. Closed-loop
phytoremediation treatment cells were constructed and successfully used to treat extracted
perched groundwater. The phytoremediation cells are shown in Figure 3-3.
A Preliminary Assessment/Site Investigation was conducted by EPA at the Site in 1990.
EPA subsequently completed a Hazard Ranking Scoring process for the Site in 1992. The
Site was added to the National Priorities List (NPL) on December 16,1994, and Del Monte
Fresh Produce (Hawaii) Inc., EPA and the State of Hawaii signed an administrative order of
consent (AOC) for a Remedial Investigation/Feasibility Study (RI/FS) and Engineering
Evaluation and cost analysis on September 28,1995.
3.5.1 Remedial Investigation Activities
The Del Monte Corporation Superfund Site RI was conducted in 1997 and 1998 and the final
RI report (Golder, 1998) was approved by EPA on February 4,1999. With EPA's approval,
the pit was backfilled in October 1999 (EPA, 2003). The final FS was approved on April 22,
2003. The first amendment to the AOC for the RI/FS was signed on January 12, 2004. Prior
to entry into the Consent Decree, EPA approved the Basal Groundwater Monitoring Plan
and the Design Report for the Kunia well pump-and-treat system for the basal aquifer and
the soil vapor extraction (SVE) pilot test work plan for the perched aquifer.
3.6 Basis for Taking Action
EDB and DBCP were discovered in groundwater in the Kunia well and Del Monte Site at
concentrations greater than their respective Hawaii MCLs. The site of the initial spill and the
Former Soil Fumigant Mixing and Storage Areas are shown in Figure 3-2. The groundwater
contamination occurred in a known drinking-water supply aquifer. Based on data from
various animal studies and other scientific evaluations, all four COCs found in the basal
groundwater aquifer (EDB, DBCP, 1,2-DCP, and 1, 2, 3-TCP) are classified as probable
human carcinogens for an oral route of exposure. EDB and DBCP are also classified as
probable human carcinogens for the inhalation route.
Risk characterization results show potentially unacceptable cancer and noncancer risks to
Kunia Village and downgradient residents within 1.5 miles of the Kunia Village Area. The
presence of contamination in excess of State of Hawaii drinking water MCLs in the basal
aquifer, and the use of groundwater in the Del Monte Site vicinity as a source of irrigation
and drinking water, provided the basis for taking action.
3-4
ES032510143353BAO\101730001
-------
^
Scftoftefd Barracks
Military Reserve
DLNRMuikftDMp
Mcrfi Marina wll
| LOT U1
OLNK PWfl HBfbM Mlddla
Bwp Ejcptof tory WW
LEGEND
$1 Wall Locations
D*( M«H» S«» Boundar?
AppfwUnute B*mI
raws
r\XN3 EPA VWI RMtrieUon Ath
<* _t L«id Court Late
Fi g-3-1 _S ite_Vi ci nity _Ma p 3-17-10 ez
NOTE." fW9 Lh4 CatMi Lota 171. V7H, M1 Med 1WH Kdlvin 1Site mnd ftr* rWl MCWrtly
p«l of »!• Sil». Porttafli of lot* «Tt, irt, W1, ir*l 1«Ml «r» mrtO** to poe*td«l
Turin lrrv»»tln*Se*i
FIGURE 3-1
SITE VICINITY MAP
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA. HAWAII
CH2MHILL —
-------
LEG-ZND:
HISTORICAL PERCHED MOniIORinG WELL
N
**r
***r
T
/ / / / * ; < i
/ /_> „ \ ...-^w^, \\
Ar—A. /
FORMFR.'SOfL FUk'i;GA.\/
/ ..STORAGE AR^A
/// • /T
V
\
vs>
9 ^
=S§K
if?
EXTENJ pf *'9B3 £ XCAVA'f?Oi\
b j ^S.
y-
b:
S*ML »©
FOR MLR SOIL FUMIGANT MIXING ARL A
f i
,~
s Av\\V^"ri
i s*'
V ~ I i
v \ }
f y,.'' ; i ^
' V 1
,y)W
" ' \ n
/ ) / ! /
x-iffp
I^S",
\ 1
m
EXTENT OF APRIL 7. 1977 EDS SPILL^7^
f
1981 SHALLOW EXCAVATION
\N
NS^
• WM/ A VI .«-••.
/ -if / fiSr
^ W .
\ mar
60
! 70
TEET
/K A* V ^
Figure adopted from Golder INC.
.*«• -
AS «tt.
FIGURE 3-2
KUNIA VILLAGE AREA
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
CH2MHILL -
ES030210152702BAO_Fig-3-2_Kunia_Village_Area.ai 3-26-10 ez
-------
LEGENDr
APJiftCUflMATE EPA "SOURCE AflSA*
EOUNQA.^
PERC*SJZD*re MCW-tQBBHQ WSJ.
©UAL WELL GROUNDWATER AM* SVE
SVE WELL ONLY
GROUNDWATER DCWyiCT«3N WQl ONLY
BASAL Mph iTQRWQ WELL
' otfrrrroAD
assySSSfflC
\ \
\
\
r.
\
®\v
./
WW I
%
Si\ \.
\V\
WA
^$5
¦
ATUENTSfSTEM PAD
/if \
if/
///
¦rviruuftn
KUMAWBLl.
treatment
system
I
J
\
\
PWJPlsrrt La
NOTE 3
f SOURCE BASE *4AP AftO WBlL LOCATION! EROM St#!VEY CCfcPLETSD AUGUST, Kd(L
a. EPA "SOURCE AREA* OEFHEO H THE 3f37IR131QNAJL CONTROLS CONSENT DECREE BETWEEN JAMES CAMPBELL COUP AW LLC AMD EPA
FILED OH SEPTEMBER tfl. 2CCT
Figure adopted from Golder INC.
ES030210152702BA0_Fig-1 _Site_Layout.ai 2-26-10 ez
FIGURE 3-3
EPA SOURCE AREA
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
CH2MHILL —
-------
4.0 Remedial Actions
4.1 Remedy Selection
The ROD for the Del Monte Corporation (Oahu Plantation) Superfund Site was signed in
September 2003. The main goals of the selected remedial actions at the Site were to eliminate
exposure to contaminants at the Site and to restore the groundwater underneath the Site to
drinking water use. Specifically the remedial action objectives (RAOs) for the Del Monte Site
are to:
• Prevent exposure of the public to contaminated groundwater above chemical-specific
cleanup levels (described below);
• Inhibit further migration of the contaminant plume away from the KVSA (source
control);
• Limit discharge of KVSA perched groundwater and deep soil contaminants to basal
groundwater such that basal groundwater concentrations do not exceed the chemical-
specific cleanup goals described below (source control), and;
• Restore basal groundwater to its beneficial use of drinking water supply within a
reasonable timeframe (aquifer restoration).
EPA's selected cleanup remedy is divided into two parts: 1) the shallow groundwater
(perched aquifer) and contaminated soil in the KVSA from approximately 20 feet bgs to 100
feet bgs, and 2) the deep groundwater (basal aquifer). The selected remedies address
contamination through the actions described below.
4.1.1 Perched Aquifer and Deep Soil Remedy Components
The contaminated soil in the KVSA has been designated as a principal threat at the Site.
EPA's goal is to prevent perched aquifer and deep soil contaminants (deeper than 20 feet)
from further contaminating the basal aquifer. This will be achieved by extracting and
treating contaminated groundwater from the perched aquifer and treating deep soil.
Perched aquifer treatment system layout is as shown in Figure 4-1 at the end of this section.
Specific components include:
• Pumping contaminated groundwater from the perched aquifer and treating the water
using plants (referred to as phytoremediation).
• Placing a vegetated soil covering (a cap) over the contaminated soil area (the source
area). The soil cap will reduce the amount of rainwater that moves through the soil and
carries contaminants down to the basal aquifer.
• Installing a soil vapor extraction system to withdraw contaminants present in vapor
form (volatile chemicals) from the soil. The extracted vapor will be treated with a carbon
filter to remove the contaminants before the vapor is released to the atmosphere.
ES032510143353BAO\101730001
4-1
-------
4.0 REMEDIAL ACTIONS
• Restricting land use to prevent exposure to contaminated soil and perched groundwater
impacted by COCs and to prevent activities that might interfere with the effectiveness of
the remedy.
4.1.2 Basal Aquifer Remedy Components
EPA's goal is to prevent future exposure to contaminated groundwater in the basal aquifer.
The selected remedy components in addressing the basal aquifer are as follows:
• Installing monitoring wells to characterize the extent of contaminated groundwater in
both the source area and the downgradient plume.
• Pumping and treating contaminated groundwater in a phased manner, starting at the
Kunia well.
• Monitoring the effectiveness of source control and evaluating whether natural
attenuation is effective at reducing contaminant concentrations in the downgradient
plume to drinking water standards.
• If monitoring data show no evidence of natural breakdown, install additional pumping
wells to ensure the entire plume is captured and treated.
• Treating the contaminated groundwater to drinking water standards using air stripping
and carbon adsorption.
• Using treated groundwater for irrigation.
• Restricting land use to prevent exposure to basal groundwater impacted by COCs and to
prevent activities that might interfere with the effectiveness of the remedy.
4.2 Remedy Implementation
Groundwater monitoring, extraction and treatment for the perched aquifer started in 1998
as part of the phytoremediation treatability study. In 2008, modifications were made to
improve system performance and combine groundwater extraction with SVE. The Kunia
Well Treatment System (KWTS) was designed in 2003, constructed in 2005, and has been
operating since September 2005.
4.2.1 Perched Aquifer and Deep Soil Remedy
The perched aquifer source area refers to the portion of the perched aquifer where COCs in
groundwater exceed 1.0 micrograms per liter (|j,g/L). The perched aquifer treatment system
consists of a vegetative soil cap, as well as groundwater extraction and treatment and SVE
systems for the perched aquifer source area.
Between 1998 and 2008, 24 monitoring wells were installed to delineate the extent of
perched aquifer COCs, and 42 perched aquifer groundwater extraction wells were installed
to reduce infiltration to the basal aquifer of perched groundwater containing the highest
levels of COCs. Prior to completion of the full-scale perched groundwater extraction and
SVE treatment system (completed in July 2008), extracted groundwater was treated in the
phytoremediation system. Construction activities included the conversion of 30 monitoring
4-2
ES032510143353BAO\101730001
-------
4.0 REMEDIAL ACTIONS
and extraction wells that had little water present or that were dewatered from previous
pumping to new SVE wells. Additionally, 19 wells were converted into dual extraction wells
to serve as both SVE and groundwater extraction wells. By July 2008,19 dual and two
groundwater-only extraction wells were fitted with air-driven, low-level drawdown
groundwater extraction pumps. These pumps are typically set approximately 1.5 feet from
the bottoms of the wells to maximize the ability to dewater the perched aquifer for SVE
operations. Pumps automatically activate when the water level rises to above the pump and
deactivate when the water is lowered to the top of the pump.
Extracted perched groundwater is currently treated by the KWTS (the primary treatment
route), or by phytoremediation if the KWTS is not operating. The phytoremediation system
is a closed-loop system with no subsurface infiltration or discharge. Lined phytoremediation
cells collect excess water in a sump and then re-circulate it through a drip irrigation system.
The perched aquifer remediation system is shown on Figure 4-1. There are currently 63
perched aquifer wells at the Site. Twelve wells are groundwater monitoring only; the
remaining 51 wells consist of 19 dual groundwater extraction and SVE wells, 30 SVE-only
wells, and two groundwater-only extraction wells (Golder, 2009e). Dual-extraction and SVE-
only wells are plumbed into nine groups of wells called "headers," which are connected to
two vacuum blowers that extract air from the subsurface soil, along with volatile organic
compounds (VOCs), in the vicinity of the wells. The extracted air and VOCs are treated with
granular activated carbon (GAC) before the offgas is discharged to the atmosphere.
In 2008, as part of the perched aquifer remedy, a vegetative soil cover was installed over the
entire perched aquifer source area to reduce infiltration to the perched aquifer. A
stormwater control system was also installed to divert runoff to drainage channels around
the perched aquifer.
4.2.2 Basal Aquifer Remedy
Pursuant to the ROD, the KWTS is designed to restore the basal aquifer in accordance with
the ROD. The system consists of groundwater extraction from the Kunia well, treatment of
extracted groundwater, and distribution of treated water to a crop irrigation system (Golder,
2008). The KWTS is enclosed within a 6-foot-high chain link fence to prevent unauthorized
entry to the treatment area. Groundwater is generally extracted 24 hours a day, except for
weekends, holidays, and during routine maintenance, with a constant flow electric powered
pump. Extracted groundwater from the Kunia well is treated to below Hawaii MCLs for the
COCs by air stripping, followed by liquid-phase carbon adsorption for effluent from the air
stripping tower. Treated groundwater is pumped into a 10-inch-diameter discharge pipe
which connects to the irrigation distribution piping in the Kunia section of the former Del
Monte Oahu Plantation.
As specified in the ROD, Del Monte also implemented a groundwater monitoring program.
As part of the program, Del Monte installed a basal groundwater monitoring well network,
as shown in Figure 4-2. Del Monte collects and analyzes quarterly groundwater samples
from the basal groundwater monitoring well network and monthly groundwater samples
from the KWTS.
ES032510143353BAO\101730001
4-3
-------
4.0 REMEDIAL ACTIONS
4.3 Operation and Maintenance
Del Monte, with EPA oversight, is conducting long-term operation and maintenance (O&M)
and monitoring of the remediation systems at the Del Monte Corporation (Oahu Plantation)
Superfund Site. O&M activities are being conducted in accordance with the following EPA-
approved documents:
• Draft Final Operations and Maintenance for the Kunia Well Pump and Treat System.
Groundwater Extraction, Del Monte Corporation (Oahu Plantation) Superfund Site (Colder,
2006).
• Final O&M Manual for the Kunia Well Pump-and-Treat System, Del Monte Corporation (Oahu
Plantation) Superfund Site (Golder, 2008).
• Operations and Maintenance Manual for the Perched Groundwater Remediation System, Del
Monte Corporation (Oahu Plantation) Superfund Site (Golder, 2009c)
• Compliance Monitoring Plan, Del Monte Corporation (Oahu Plantation) Superfund Site
(Golder, 2009d).
Current O&M and compliance monitoring reporting requirements are quarterly for both the
perched and basal remediation systems, and annually for the ICs. Every three years, a
cumulative basal groundwater monitoring report is also required.
4.3.1 Basal Aquifer Treatment System
The Kunia well and KWTS have been in full-scale operation since September 2005 and have
treated approximately 1.24 billion gallons of groundwater through December 2009. The
KWTS was designed to treat up to 1,000 gallons per minute (gpm) of groundwater extracted
from the Kunia well for basal groundwater plume capture and source control. However, it
was determined that a 1,000-gpm sized pump would not fit in the Kunia well, so a smaller
pump capable of 750 gpm was installed. The pump achieved 750 gpm during startup but
eventually decreased to approximately 720 gpm. The Kunia well pumping rate was further
reduced to an average continuous rate of 500 gpm based on a capture zone analysis and
data evaluation indicating that the Kunia well pump can be off for 45 days before loss of
plume capture occurs (Golder, 2008).
Beginning in 2008, extracted perched groundwater, which contains much higher
concentrations of COCs than basal groundwater, was blended with the extracted basal
groundwater and treated by the KWTS, rather than the phytoremediation system. In
January 2009, monthly KWTS performance sampling analytical results indicated that GAC
removal efficiency had dropped below 50 percent, resulting in breakthrough of COCs above
Hawaii MCLs in treated effluent. The KWTS was shut down and spent bituminous GAC
was removed and replaced with a new coconut-based GAC. The KWTS resumed operation
in February 2009. Spent GAC from the KWTS was determined to contain listed hazardous
wastes (EDB and DBCP). The GAC (approximately 16 tons) was transported to, and
disposed of at, a permitted hazardous waste disposal facility in Oregon (there are no
hazardous waste facilities in Hawaii) at a cost of about $37,000. Current monitoring data
indicate the new GAC is performing well.
4-4
ES032510143353BAO\101730001
-------
4.0 REMEDIAL ACTIONS
Beginning in about 2007, periodic malfunctions of submersible pumps in several of the basal
groundwater monitoring wells were encountered due to corrosion and leaks in the steel
discharge pipes in the wells. With EPA approval, all submersible pumps were removed
from basal monitoring wells and replaced with dedicated point-source bailers, which
should result in O&M cost savings and more reliable quarterly basal monitoring data.
4.3.2 Perched Aquifer Treatment System
Although perched groundwater extraction to reduce COCs in the perched groundwater and
minimize infiltration to the basal aquifer has been ongoing at the Site since the 1980s, the
full-scale perched aquifer remediation system consisting of groundwater extraction, SVE, a
vegetated soil cap, and stormwater controls began operation in late 2008. A total of
approximately 1.3 million gallons of groundwater were extracted and treated in 2009.
Currently, minor and routine adjustments are being made to the SVE system (cycling
operation between headers) and perched groundwater extraction pumps to increase
extraction efficiency. No significant or unexpected issues have been identified.
4.3.3 Institutional Controls
A Consent Decree was issued on March 19, 2007 (EPA, 2007) that requires the former
landowner (JCC) to monitor the institutional controls at the Site to verify that new property
owners and lessees have not undertaken any construction in the source area that would
damage or interfere with the perched or basal aquifer remediation systems. Additionally,
JCC must also monitor the well restriction area for any groundwater extraction permits or
activities that may damage or interfere with basal groundwater monitoring wells. An
annual IC report is submitted to EPA by JCC. The 2008 and 2009 annual IC reports indicate
that there have been no issues or problems with the ICs (LFR Inc., 2009a; 2009b).
4.3.4 O&M Costs
The original O&M present value cost estimate for the perched aquifer treatment system was
$1,590,000 (Golder, 2003). The original O&M present value cost estimate for the basal aquifer
treatment system, including post-closure monitoring, was $5,580,000 for 30 years (Golder,
2003). Table 4-1 summarizes the actual O&M costs for the review period of 2005 through
2009.
ES032510143353BAO\101730001
4-5
-------
4.0 REMEDIAL ACTIONS
TABLE 4-1
Del Monte Treatment System Operation and Maintenance Costs 2005 - 2009
Del Monte Corporation (Oahu Plantation) Superfund Site Kunia, Hawaii
Year
Total O&M Costs
Comments
9/1/2005 To 12/31/2005
$140,000
For basal groundwater (GW) only (KWTS pump and
treat system; started Sept. 2005)
1/1/2006 To 12/31/2006
$464,000
For basal GW only (KWTS)
1/1/2007 To 12/31/2007
$464,000
For basal GW only (KWTS)
1/1/2008 To 12/31/2008
$498,000
For basal GW (KWTS) and 1/4 year for perched system
(SVE and GW pump and treat; started July 2008)
1/1/2009 To 12/31/2009
$690,000
For basal GW (KWTS) and perched system (SVE and
GW pump and treat)
Total for Years 2005 - 2009
$2,256,000
Note:
Perched aquifer treatment system O&M costs prior to full-scale system startup in July 2008 are not included
because system costs incurred before that time are more accurately characterized as pilot testing and
characterization.
4-6
ES032510143353BAO\101730001
-------
DIRT ROAD
DIRT ROAD
BURIED PIPELINE
EW-41
ViWTE
TANK
Header 1
'ERCHED aquifer
TREATMENT
SYSTEM PAD
Header 2
BURIED PIPELINE '
Header 3
Header 4
IIA WELL
GRAVEL:
Header ~ ew-
EW-8
Header 5
KUNIA WELL
TREATMENT
SYSTEM
Header ~[- Ew 18i
TL EW-IO
Header ~
HeadeJPD
MW-8
LEGEND:
cww-10 PERCHED zone monitoring well
sEW-9 DUAL WELL: GROUNDWATER AND SVE
¦ EVM0 SVE WELL ONLY
0 HW"3 GROUNDWATER EXTRACTION WELL ONLY
^BMW-2 BASAL MONITORING WELL
KUNIA WELL PIPELINE
- GUTTER DRAINAGE PIPELINE
-3» S* STORMWATER PIPELINE
—p POWER LINE
SVE PIPELINE
9 SVE HEADERS; 4 9 WELLS
3 WELLS: EW-36, EW-37, EW-42
<2> 3 WELLS: HW-40, EW-d. MW-2A
<§> 5 WELLS: EW-1S, EW-16, EW-31, EW-32, EW-34
<4> 6 WELLS: EW-2. EW 9. EW-13, EW-H. EW-28. EW-3S
8 WELLS: EW-3. EW-10, EW-20, EW-26, EW-38. MW-13, MW-16, MW-18
<§> 7 WELLS: EW-4, EW-6. EW-7. EW-B, EW-11. EW-22, EW-39
6 WELLS: EW-B, EW-12, EW-17. EW-19. EW-27. MW-7
<§> 5 WELLS: EW-18. EW-21, EW-23. EW-25, MW-19
<9> 6 WELLS: EW-24. EW-29. EW-30, MW-15, MW-20, MW-21
SCALE IN FEET
Figure adopted from Golder INC.
FIGURE 4-1
PERCHED AQUIFER TREATMENT SYSTEM LAYOUT
NOTES:
SOURCE: BASE MAP AND WEI.L LOCATION FROM SURVEY COMPLETED AUGUST. 2008.
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
ES030210152702BAO_Fig-2_Perched_Aquifer_SVE_System_Layout.pdf 2-26-10 ez
CH2MHILL
-------
Schofield Barracks
Military Reserve
Kunia Well
Mililani
Town
Waikakalaua FSA
WellSTI 2MW05
20.97'
DLNR Mauka Deep
Monitoring Well
16.54720.09' (a)
Ewa-Kunia
Deep Well
16.19'
LEGEND
We Location - Water eve s
measurement (ft amsl)
...... Unconformity Contact at
Basal Water Level
Water Level Ewa-Kunia
Aquifer
Water Level Waiawa-
Waipahu Aquifer
fr. Basal Groundwater
Flow Direction
'XXJ Schofield Aquifer Southern Dam
(a) 16.54 ft measured in open hole
well. 20.09 measured in sounding tube.
This figure was originally produced in color. Reproduction in black and white may result in loss of information.
Figure adopted from Golder INC.
4,000 (
Scale 1" = 4,000 Feet
Map Projection:
Hawaii State Plane
Zone 3, NAD 83, Feet
Source: Oki, 1998,
(Golder 2005a)
96315320022100F09R03 | 4/1/09 | TBROUSSEAU
ES030210152702BAO_Fig-7_Basal_Groundwater_Monitoring 2-26-10 ez
FIGURE 4-2
BASAL GROUNDWATER MONITORING
NETWORK AND OCTOBER 2008
GROUNDWATER ELEVATIONS
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
CH2MHILL —
-------
5.0 Progress Since the Last Five-Year Review
This is the first five-year review for this Site. There are no recommendations from a previous
review.
ES032510143353BAO\101730001
5-1
-------
6.0 Five-Year Review Findings
6.1 Five-Year Review Process
The five-year review consisted of a review of relevant documents (Appendix A); Applicable
or Relevant and Appropriate Requirements (ARARs) evaluation (Appendix B); human
health and ecological risk assessment review (Appendix C); data review (Appendix D);
institutional controls review (Appendix E); and a site inspection and interviews with staff
associated with O&M of the treatment system and Hawaii Department of Health staff
(Appendices F and G).
6.2 Community Notification and Involvement
A public notice indicating the initiation of the five-year review was published in the
Honolulu Advertiser newspaper on March 4, 2010. The final five-year review report will be
placed in Site information repositories.
6.3 Document Review
As a part of the five-year review process, a review of numerous documents related to Site
activities was conducted. The documents chosen for review primarily focused on 2005 to
present, but ranged in publication date from 1998 to the present. Appendix A provides a list
of the documents reviewed as part of this report.
6.4 ARARs Review
The ARARs for the Del Monte Site were presented in the Record of Decision, Del Monte
Corporation (Oahu Plantation) Superfund Site (EPA, 2003). Chemical-specific ARARs and
action-specific ARARs were identified in the 2003 ROD. No location-specific ARARs were
identified in the 2003 ROD. A regulatory review was conducted to determine if new or
revised regulations promulgated since the issuance of the 2003 ROD may now impact the
protectiveness of the remedy on human health and the environment. The specific
regulations cited for each ARAR were reviewed for changes since the 2003 ROD was issued.
The review did not identify any changes to ARARs identified in the ROD that could
potentially impact the protectiveness of the remedial actions. Since no significant changes to
ARARs were identified during this review, their status remains unchanged. A detailed
discussion of the ARARs review can be found in Appendix B.
ES032510143353BAO\101730001
6-1
-------
6.0 FIVE-YEAR REVIEW FINDINGS
6.5 Human Health, Toxicology and Ecological Risk Analysis
Review
A risk assessment and toxicology analysis review was conducted to support the five-year
review of the Del Monte Site. To determine whether the remedy at the Site remains
protective of human health and the environment, changes in Site conditions, exposure
pathways, toxicity values, and cleanup levels since completion of the Baseline Risk
Assessment (BRA) and selection of the Site remedy were evaluated. Based on an evaluation
of current Site conditions, exposure pathways, and toxicity values, the review found that
remedial actions at the Del Monte Site are currently protective of human health and the
environment. Potential sources of exposure that could result in unacceptable risks are being
controlled. A detailed discussion of the Risk Assessment and Toxicology Analysis review
can be found in Appendix C.
6.6 Data Review
The data review analysis provides an evaluation of the mass of COCs in the perched aquifer
soils, the groundwater extraction system, perched aquifer COC trends, the SVE system,
COCs in the Kunia well used for basal aquifer extraction, and COC trends in the basal
aquifer. Collectively these data were evaluated to determine whether remedial actions are
resulting in the intended outcomes described in the ROD for COCs originating in the Kunia
Village Source Area. A detailed discussion of the data review analysis and evaluation can be
found in Appendix D.
6.6.1 Evaluation of Perched Aquifer Remedy
The overall objective of the perched aquifer remedy, as described in the ROD, is to reduce
perched aquifer contamination such that it can no longer cause exceedances of Hawaii
MCLs in the basal aquifer. The perched groundwater monitoring program has been
conducted quarterly since the full-scale perched aquifer system was started in 2008 to
evaluate the effects (e.g., changes in groundwater chemical concentrations, dewatering of
the perched groundwater aquifer, contaminant removal using SVE) of the perched aquifer
remediation system. Groundwater extraction provides hydraulic containment, COC source
removal, and dewatering of the perched aquifer so that the SVE system can remove COCs
from soil in the deeper, most contaminated portion of the perched aquifer. Because
implementation of full-scale operation of the perched aquifer remedy has only been active
for about 1.5 years, there are currently limited data to evaluate the performance of this
remedy.
6.6.1.1 Evaluation of Perched Aquifer Dewatering
Automatic groundwater extraction pumps in the perched aquifer wells, in combination with
the vegetated cover and stormwater diversion system, have been effective at dewatering the
perched aquifer during times of normal rainfall. However, the pumps may become
temporarily overwhelmed during long winter rainfall events, due to a combination of
increased stormwater infiltration and possible recharge from upgradient portions of the
perched aquifer. The elevated water levels in the SVE wells during wet months may cause
water to be drawn into the SVE wells, reducing effective operation of the SVE system. The
6-2
ES032510143353BAO\101730001
-------
6.0 FIVE-YEAR REVIEW FINDINGS
effectiveness of the SVE system is further reduced when perched aquifer water levels are
elevated because this leads to elevated soil moisture and reduced soil permeability
throughout the perched aquifer.
6.6.1.2 Evaluation of Perched Aquifer Groundwater COC Data
The evaluation of long-term trends in perched aquifer groundwater COC concentrations is
complicated by the limited number of wells with a sufficient amount of water to allow for
sampling, due to dewatering of the perched aquifer. The concentrations of COCs in the
perched aquifer generally decreased shortly after the start of post-RI perched groundwater
extraction activities in 2004. After the initial decline in concentrations, COC concentrations
have generally remained steady, with some wells indicating slight increasing trends, while
others demonstrate slight decreasing trends. Many wells saw higher-than-normal
concentrations in the first sampling event in October 2008 after full-scale treatment
commenced; however, subsequent sampling results returned to historical ranges.
In the RI and subsequent investigations, elevated COCs were present in the deepest portion
of the aquifer, at the base of the saprolites where the perched aquifer wells are completed.
The perched aquifer extraction wells have generally been effective at dewatering the
perched aquifer to the pump levels..
6.6.1.3 Evaluation of Soil Vapor Extraction Data
Vacuum readings collected through October 2009 at each of the active SVE wells and
surrounding wells indicate that the SVE system is achieving inward pressure gradients
throughout each of the active treatment areas (headers) and slightly beyond. Overall, the
SVE system is operating in accordance with its design.
The performance objectives for the SVE system specified in the ROD are removal of COC
masses from the perched aquifer source zone soils by exerting an inward pressure gradient
across the source area. The SVE system is expected to operate until source area COC masses
for EDB and 1,2-DCP have been reduced to a level where they no longer cause exceedances
of Hawaii MCLs in the basal aquifer.
SVE off-gas samples are collected at least monthly from each operational header to indicate
the relative contribution of COCs from different areas of the Site. This information permits
activation of headers in higher concentration areas to optimize removal efficiency.
The SVE portion of the perched aquifer remedial action has not been operated long enough
for a complete evaluation at this time.
6.6.2 Evaluation of Basal Aquifer Remedy
The ROD specified a two-phased approach for the basal aquifer remedy. Phase 1 of the
remedy includes installation of monitoring wells to characterize the source area and
downgradient plume; source control at the Kunia well through groundwater extraction and
treatment; and downgradient plume monitoring to determine whether monitored natural
attenuation (MNA) is effective at reducing COC concentrations to Hawaii MCLs. Phase 2 of
the remedy specified that if monitoring data show that MNA is not effective at reducing
contaminant concentrations to Hawaii MCLs within 5 years, additional groundwater
extraction and treatment will be implemented to ensure that the entire plume is captured
ES032510143353BAO\101730001
6-3
-------
6.0 FIVE-YEAR REVIEW FINDINGS
and treated. However, as described in the following subsections, due to the presence of
background COCs throughout the basal aquifer greater than Hawaii MCLs, it is likely
impracticable to reduce COCs within the basal aquifer to Hawaii MCLs with groundwater
extraction or MNA. A detailed discussion of the basal aquifer data review analysis and
evaluation can be found in Appendix D.
6.6.2.1 Evaluation of Basal Aquifer Groundwater Extraction and Source Control
The Kunia well extraction and treatment system has operated steadily with minimal
interruptions since startup in 2005. From September 2005 to October 1, 2008, the Kunia well
and KWTS had operated for 21,160 hours and pumped/treated approximately 914 million
gallons of water.
The average of the detected COC concentrations for the Kunia well samples were: EDB -
0.045 (.ig/L; DBCP - 0.39 (ig/L; and 1,2,3-TCP - 1.4 (ig/L (Golder, 2009b). The resulting total
mass of COCs removed is estimated to be: 0.15 kg of EDB; 1.35 kg of DBCP; and 4.85 kg of
1,2,3-TCP (Golder, 2009b). In comparison, the amount of DBCP estimated to be present in a
square mile of the basal aquifer, assuming a uniform concentration of 0.25 (ig/L, is less than
4.5 kg, or less than 1 gallon (Golder, 2009a). The fourth COC, 1,2-DCP, is detected in the
basal groundwater samples, but has not historically exceeded the MCL.
Pumping tests and capture zone analysis conducted during startup of the Kunia well in
2005 (Golder, 2007) indicated that the Kunia well extraction system captures COCs that
originate from the basal aquifer source area. The capture zone analysis also indicated that
reductions in COC concentrations in the source area from the pump and treat activities
would be observed in a relatively short time in groundwater monitoring wells located in the
source area (e.g., BMW-1 and BMW-2), and that basal groundwater extraction from the
Kunia well would take longer to affect groundwater quality at BMW-4, located 3,500 feet
downgradient of the Kunia well. The estimated basal groundwater travel time to BMW-4 is
about two to three years. However, COC concentrations have generally remained consistent
in the Kunia extraction well source area since pumping began in September 2005.
6.6.2.2 Evaluation of Basal Aquifer Downgradient Plume
Basal groundwater level measurements and contours indicate that the regional hydraulic
gradient is southerly. In the course of evaluating the extent of the basal aquifer COC plume
and data from background basal monitoring well BMW-6, data consistently indicated that a
background source of COCs is present within the Waiawa-Waipahu Aquifer related to
intensive historical application of fumigants at pineapple farms located throughout the
central Oahu plateau. An assessment of these data was presented in the Three-Year
Cumulative Basal Groundwater Monitoring Report (Golder, 2009b), and in the Report on
Evaluation of Background Concentrations of Contaminants of Concern in the Basal Aquifer
(Background Report) (Golder, 2009a). The Background Report (Golder, 2009a) concluded
that multiple lines of evidence indicate that approximately 95 percent of the COCs currently
observed in the basal aquifer beneath the perched aquifer source area (Kunia well, BMW-1
and BMW-2) are from widespread regional application of these COCs on agricultural fields
and not directly related to the Del Monte Site. EPA concurs with the Background Report's
conclusion that background concentrations exist and is working with Del Monte to establish
background COC concentrations (EPA, 2006).
6-4
ES032510143353BAO\101730001
-------
6.0 FIVE-YEAR REVIEW FINDINGS
Three wells (Kunia well, BMW-1 and BMW-2) are completed within or near the KVSA,
whereas wells BMW-4 and BMW-5 are located downgradient of the KVSA. Well BMW-6 is a
background well located cross-gradient of the KVSA. The concentrations of EDB and DBCP
detected in the Kunia well and BMW-1 decreased from 1997 to 2005, presumably due to the
startup of post-RI perched aquifer groundwater extraction. From 1997 through 1999 the
concentrations of EDB in the Kunia well and BMW-1 averaged 0.16 (ig/L. From 1997
through 1999 the concentrations of DBCP in the Kunia well and BMW-1 averaged 0.77 (ig/L.
Concentrations of EDB and 1,2-DCP have remained consistent since 2005, while
concentrations of DBCP have been slightly increasing in the Kunia well and BMW-2.
Analytical data for these wells are summarized in graphs presented in Appendix D.
Concentrations of 1,2,3-TCP, which was not a significant component of the fumigants
released at the Del Monte Site, are low or nearly absent in the perched aquifer source area
wells, but increased in many of the basal wells during 2006; concentrations have
subsequently shown a general decline since 2007. These data provide evidence that the
Kunia well is capturing COCs not originating from the perched aquifer source area.
Concentrations of EDB and 1,2-DCP in BMW-1, BMW-2, and the Kunia well are generally
similar to the COC concentrations in BMW-4, BMW-5 and BMW-6, located long distances
downgradient or cross-gradient of the KVSA, providing additional evidence for background
concentrations of the COCs that are present in the KVSA.
6.6.2.3 Conclusions
Recent groundwater data shows that the groundwater in the basal aquifer has
"background" levels of COCs above Hawaii MCLs due to the historical application of
pesticides in the area. This means that aside from the contamination resulting from the spill
of COCs at the Del Monte Site, the groundwater in the basal aquifer already has COCs
present at levels above Hawaii MCLs. This recent data may make it more difficult to restore
the groundwater in the basal to drinking water levels, which is one of the remedial action
objectives of the basal aquifer remedy. At some point in the future, this remedial action
objective and cleanup levels of Hawaii MCLs for the basal aquifer may need to be re-
evaluated. Because background levels of COCs in the basal aquifer are currently above
Hawaii MCLs, remedial action objectives will need to be re-evaluated and/ or modified and
documented in a decision document.
6.7 Institutional Controls
A Consent Decree was issued on March 19, 2007 (EPA, 2007) that requires annual
monitoring of ICs at the Site to verify that property owners and lessees have not undertaken
any construction in the source area or the well restriction area that has damaged or
interfered with basal groundwater monitoring or extraction wells. The ROD (EPA, 2003)
identified ICs as a component of the Site remedy. A detailed discussion of the ICs review
can be found in Appendix E.
Based upon review of various documents, interviews with key personnel, and the Site
inspection, it appears that the institutional controls, as well as the engineered controls, are
currently functioning as intended. As part of this five-year review, title reports were
obtained for the Site. Declaration of Environmental Restrictions (Well Restriction Area) and
ES032510143353BAO\101730001
6-5
-------
6.0 FIVE-YEAR REVIEW FINDINGS
Declaration of Covenants regarding Water Allocation and Easements are properly recorded
as evidenced from the reports (Appendix E). Prohibited use and activities include, but are
not restricted to, application for permits to withdraw water from a well in the well
restriction area without prior EPA approval, and construction in the well restriction area
that damages or interferes with components of the remedy. The restrictions set forth in the
declaration run with the property and are binding on all occupants. There are no known
deficiencies related to the institutional controls set forth in the ROD for the Del Monte Site.
The ICs remain protective of human health and the environment.
6.8 Site Inspection
A site inspection at the Del Monte Corporation (Oahu Plantation) Superfund Site was made
on January 27, 2010. EPA, with assistance from CH2M HILL, conducted the site inspection.
As part of the inspection, interviews and a technical review of the components of the
remedies were conducted for this Del Monte five-year review report. Golder Associates'
project manager, the site O&M supervisor, and an HDOH representative were interviewed
as part of the site inspection report. The site inspection checklist is contained in Appendix F
of this five-year review report, as are select Site photographs.
No violations, unauthorized entries, or vandalism were reported for the review period of
2005 to 2009. Warning signs are posted on the fences and gates at the treatment systems and
the security fence around the source area is in good condition, as were the additional fences
around the perched and basal aquifer treatment systems.
Onsite documents and records were verified during the site visit. The Operations &
Maintenance Manual for the Kunia Well Pump and Treat System (Golder, 2008), Operations &
Maintenance Manual for the Perched Groundwater Remediation System, including As-Built
Drawings (Golder, 2009c), and Compliance Monitoring Plan (Golder, 2009d), as well as O&M
records for perched and basal remediation systems, daily logs, and weekly and monthly
inspection logs, were up to date and complete.
The Kunia well and perched aquifer treatment systems were observed to be in good
condition and well maintained. All perched aquifer monitoring wells were inspected and
found in good condition. They are sampled quarterly, which was verified by reviewing the
quarterly monitoring reports. The stormwater diversion channel, which is lined with rip-
rap, is in good condition and appeared to be functioning as designed. Vegetation along the
lower stormwater channel helps filter stormwater runoff and keeps the drainage culvert
underneath Kunia road free of debris.
The vegetated cap over the perched aquifer area appeared to be in good condition and no
settlement or erosion was observed. Fresh soil has been placed around several perched
aquifer extraction well pads to make them match existing surface grade and to mitigate any
future erosion/settlement issues.
The phytoremediation system, which consists of about 2 acres of plants in a lined
containment area, appeared to be healthy. Prior to construction of the KWTS, extracted
perched groundwater was treated through irrigation of the plants. According to review of
the documentation, analytical testing of the soil and plant material indicated no detections
above the screening criteria for COCs. Currently, extracted perched groundwater is held in
6-6
ES032510143353BAO\101730001
-------
6.0 FIVE-YEAR REVIEW FINDINGS
a storage tank and treated at the KVVTS, and the phytoremediation system typically receives
irrigation from the tank approximately once a week to keep the plants healthy, or if the
KWTS is shut down for maintenance. All SVE extraction wells associated with the on-site
treatment system were observed to be in good condition.
The basal and perched remediation systems and current O&M activities and documentation
appeared to be in order, and in compliance with the O&M manuals and Compliance
Monitoring Plan. Perched and basal aquifer monitoring wells are sampled quarterly.
Perched wells are within the locked fence around the source area. Basal wells are locked
within steel monuments.
6.9 Interviews
As part of the five-year review process, technical interviews were conducted with personnel
having knowledge of and/ or concerns with the Del Monte Corporation (Oahu Plantation)
Superfund Site. Interviews were conducted with the Golder Associates project manager, the
Second City Property Management O&M supervisor, and the HDOH representative.
Detailed interview discussions are provided in the completed interview forms provided in
Appendix G.
Jeff Cotter from CH2M HILL conducted an interview with Gary Zimmerman (Golder
Associates) on January 27, 2010 as a part of the site inspection and technical review being
conducted for the Del Monte five-year review report. Mr. Zimmerman indicated that his
overall impression of the Site and the treatment systems is that they are functioning as
designed and intended. According to Mr. Zimmerman, monitoring data indicate that the
perched groundwater extraction and treatment system has significantly decreased EDB,
DBCP, and 1,2-DCP concentrations at the base of the perched aquifer, and that
concentrations of COCs in the basal aquifer have remained consistent for over 5 years. He
indicated that the SVE system, while functioning as designed, is not able to treat the most
contaminated portions of the perched aquifer that remain saturated at the very base of the
aquifer and just below the reach of the extraction pumps. Mr. Zimmerman indicated that the
remedial action objectives and performance criteria specified in the 2003 ROD will need to
be re-evaluated and likely revised. According to Mr. Zimmerman, the performance criteria
for the perched aquifer are also unobtainable, since Golder believes that the perched source
zone is no longer contributing COCs greater than Hawaii MCLs to the basal aquifer. The
issue of background concentrations of COCs in the basal aquifer will need to be carefully
evaluated in the near future to establish more attainable performance criteria.
An interview was conducted with Shane Lee (Second City Property Management) on
January 27, 2010 as part of the site inspection and technical review being conducted for this
Del Monte five-year review report. Mr. Lee is the O&M supervisor at the Del Monte Site and
said that his overall impression of the Site and the treatment systems is that they are
functioning well with few problems or shutdowns.
An interview was also conducted with Eric Sadoyama of HDOH on January 27, 2010. Mr.
Sadoyama has been involved with the Del Monte Site since 2002 as the HDOH point of
contact for the project. He indicated that overall the project is well run and making good
progress.
ES032510143353BAO\101730001
6-7
-------
7.0 Technical Assessment
This section evaluates the functioning of the remedy as intended, the current status of
assumptions, and new information affecting the remedy at the Del Monte Superfund Site.
7.1 Question A: Is the Remedy Functioning as Intended by the
Decision Documents?
Yes. All remedial actions pertaining to soil and groundwater, as mandated in the 2003 ROD,
have been implemented.
Based on the site inspection, as well as data and document reviews, it appears that the basal
and perched aquifer remedies, including an institutional controls component, are currently
functioning as intended by the ROD, although RAOs have not yet been achieved.
7.1.1 Remedial Action Performance and Operations and Maintenance
The remedy for the perched aquifer consists of groundwater extraction and treatment as
well as a vegetated cover and stormwater controls to effect perched groundwater source
control and inhibit infiltration of perched groundwater to the basal aquifer. This is
augmented with SVE to address deeper soil contamination. There is also an institutional
controls component to restrict land use in order to prevent damage to the vegetated cover,
or cap. Perched groundwater is being treated at both the KWTS and the phytoremediation
system. Soil vapor is treated with carbon and discharged to the air. Perched aquifer
monitoring data indicate that the perched groundwater plume has been contained and COC
concentrations have decreased substantially since 2003. The SVE portion of the perched
aquifer remedial action has not been operated long enough for a complete evaluation at this
time.
The remedy for the basal aquifer consists of basal groundwater extraction and treatment
from the Kunia well to effect plume capture and source control. Basal aquifer monitoring
data indicate that COC concentrations have decreased in the Kunia well and the source area
is effectively contained. COC concentrations in downgradient monitoring wells remain
stable and consistent. Due to the presence of background concentrations of COCs in basal
groundwater above Hawaii MCLs, it does not currently appear that reducing basal
groundwater COC concentrations to less than Hawaii MCLs, as indicated in the 2003 ROD,
is feasible.
The perched and basal groundwater monitoring and SVE well network, KWTS, and SVE
system continue to be monitored monthly and quarterly, and reports are prepared on a
quarterly basis.
7.1.2 Opportunities for Optimization
Operation of the perched aquifer extraction wells and SVE system are currently being
optimized by daily, weekly, and monthly measurements. Perched groundwater extraction
ES032510143353BAO\101730001
7-1
-------
7.0 TECHNICAL ASSESSMENT
rates have improved with the installation of automatic pneumatic pumps, which has
resulted in increased source control and dewatering of the perched aquifer.
The basal groundwater monitoring program is being optimized by using point source
bailers, which give very consistent analytical results and eliminate problems with
submersible pumps and transport and disposal of purged groundwater.
7.2 Question B: Are the Exposure Assumptions, Toxicity Data,
Cleanup Levels and Remedial Action Objectives Used at the
Time of the Remedy Selection Still Valid?
Yes. A review of the existing ARARs indicates that there have been no significant changes or
updates that would impact the protectiveness of the remedy. Review of chemical-specific
and action-specific ARARs did not identify any changes to ARARs identified in the 2003
ROD that could potentially impact the protectiveness of the remedial actions. No location-
specific ARARs were identified in the 2003 ROD. Since no significant changes to ARARs
were identified during this review, their status remains unchanged.
An additional exposure pathway that was not addressed in the Baseline Risk Assessment is
VOC vapors migrating from impacted soil or groundwater to indoor air inside buildings.
Target groundwater concentrations were developed and screening levels were calculated
using a target risk of 1 x 106 for chemicals with carcinogenic health effects and a target
hazard quotient of 1 for chemicals with non-carcinogenic health effects. The Hawaii MCLs
are lower than the vapor intrusion screening levels for three of the four COCs (EDB, DBCP,
and 1,2,3-TCP), but for 1,2-DCP, the vapor intrusion screening level is less than the MCL. To
determine the protectiveness of the MCL for 1,2-DCP for the vapor intrusion pathway, the
risk of exposure through inhalation of vapors from 1,2-DCP in groundwater was computed.
It was determined that cleaning up the groundwater to Hawaii MCLs will be protective of
potential future residents exposed to COCs in groundwater through vapor intrusion.
There have been a number of changes to the toxicity values for specific COCs in soil and
groundwater at the Del Monte Site since the ROD was completed in 2003. However, these
changes have not affected the RAOs as the RAOs were based on chemical-specific ARARs
(i.e., Hawaii MCLs), which are set at conservative levels at which no known or anticipated
adverse health effects are expected to occur.
The RAOs incorporated Hawaii MCLs as the cleanup levels in the basal aquifer for
groundwater contamination at the Del Monte Site. The Hawaii MCLs for the COCs have not
changed since the ROD was issued so the cleanup levels are current.
The qualitative screening ecological risk assessment concluded that there were no realistic
exposure pathways for ecological receptors and no unacceptable risk. Because Site
conditions have not changed since completion of the Baseline Risk Assessment, the
conclusion that there are no exposure pathways for ecological receptors is still valid, and no
unacceptable risk is attributable to the KVSA.
The remedial actions at the Del Monte Site are currently protective of human health and the
environment based on a review of current Site conditions, exposure pathways, and toxicity
7-2
ES032510143353BAO\101730001
-------
7.0 TECHNICAL ASSESSMENT
values. In general, potential sources of exposure that could result in unacceptable risks are
being controlled.
7.3 Question C: Has Any Other Information Come to Light that
Could Call into Question the Protectiveness of the
Remedy?
No. Although groundwater data collected post-ROD indicate that RAOs are likely
unachievable due to the presence of background COC concentrations, the remedy remains
protective since there is no exposure to untreated groundwater from the perched or basal
aquifer at the Site.
7.4 Technical Assessment Summary
Based on the data and documents reviewed, site inspections, and the interviews, the remedy
for the Del Monte Site is functioning as intended by the ROD. There have been no changes
in the physical conditions of the site that would affect the protectiveness of the remedy, no
changes to the ARARs have been identified that would affect the protectiveness of the
remedy, and the minor changes in toxicity factors for the COCs do not impact the RAOs or
the protectiveness of the remedy since the remedy is based on State of Hawaii MCLs.
ES032510143353BAO\101730001
7-3
-------
8.0 Issues
Issues identified during the five-year review process for the Del Monte Site are presented in
Table 8-1 below.
TABLE 8-1
Issues Identified During Five-Year Review Process
Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii
Issue
Currently Affects
Protectiveness
(Y/N)
Affects Future
Protectiveness
(Y/N)
Due to the presence of background concentrations of COCs (EDB,
DBCP, and 1,2,3-TCP) in basal groundwater above Hawaii MCLs, it
does not currently appear feasible that phased extraction (pump and
treat) of basal groundwater in the Kunia Village Source Area (KVSA)
will eliminate the source of COCs and reduce basal groundwater COC
concentrations to less than Hawaii MCLs.
N
N
ES032510143353BAO\101730001
8-1
-------
9.0 Recommendations and Follow-Up Actions
Recommendations and follow-up actions for the Del Monte Site are presented in Table 9-1.
TABLE 9-1
Recommendations and Follow-Up Actions
Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii
Recommendations /
Follow-up Actions
Party
Responsible
Oversight
Agency
Milestone
Date
Affects
Protectiveness?
(Y/N)
Issue
Current
Future
Existence of
Background COC
Concentrations
Review the necessity of
re-evaluating the
remedial action
objectives for the basal
aquifer remedy
Del Monte
Fresh Produce
(Hawaii) Inc.
State of
Hawaii/
EPA
06/15/2015
N
N
ES032510143353BAO\101730001
9-1
-------
10.0 Protectiveness Statement
The remedy for the Del Monte Superfund Site is protective of human health and the
environment because there is no exposure to untreated perched or basal aquifer
groundwater. Furthermore, the Hawaii Department of Health prohibits any use of the basal
groundwater, even for irrigation, without treatment, unless the groundwater meets State of
Hawaii MCLs.
ES032510143353BAO\101730001
10-1
-------
11.0 Next Review
The next comprehensive five-year review for the Del Monte Site will be completed during or
before June 2015.
ES032510143353BAO\101730001
11-1
-------
12.0 References
Golder Associates Inc. 1998. Remedial Investigation Report for the Del Monte Corporation (Oahu
Plantation) Superfund Site. Golder Associates Inc. Redmond, VVA, November.
Golder Associates Inc. 2003. Feasibility Study Report for the Del Monte Corporation (Oahu
Plantation) Superfund Site. Golder Associates Inc. Redmond, WA.
Golder Associates Inc. 2006. Draft Final Operations and Maintenance for the Kunia Well Pump
and Treat System. Groundwater Extraction, Del Monte Corporation (Oahu Plantation)
Superfund Site. Golder Associates Inc. Redmond, WA. July 24.
Golder Associates Inc. 2007. Capture Zone Analysis Report from the Kunia Well Basal
Groundwater Extraction, Del Monte Corporation (Oahu Plantation) Superfund Site. Golder
Associates Inc. Redmond, WA. February 9.
Golder Associates Inc. 2008. Final Operations and Maintenance Manual for the Kunia Well Pump
and Treat System. Del Monte Corporation (Oahu Plantation) Superfund Site. Golder
Associates Inc. Redmond, WA. October 24.
Golder Associates Inc. 2009a. Report on Evaluation of Background Concentrations of
Contaminants of Concern in the Basal Aquifer, Del Monte Corporation (Oahu Plantation)
Superfund Site, Kunia, Hawaii. July 28.
Golder Associates Inc. 2009b. Three Year Cumulative Basal Groundwater Monitoring Report Del
Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii. July 29.
Golder Associates Inc. 2009c. Operations and Maintenance Manual For the Perched Groundwater
Remediation System, Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia,
Hawaii. July 29.
Golder Associates Inc. 2009d. Compliance Monitoring Plan. Del Monte Corporation (Oahu
Plantation) Superfund Site, CERCLIS ID HID980637631, Kunia, Hawaii. July 9.
Golder Associates Inc. 2009e. Third Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii.
November 18.
LFR Inc. 2009a. 2008 Institutional Controls Annual Report, Del Monte Pineapple Plantation
Superfund Site, Kunia, Oahu, Hawaii. March 6.
LFR Inc. 2009b. 2009 Institutional Controls Annual Report, Del Monte Pineapple Plantation
Superfund Site, Kunia, Oahu, Hawaii. October 14.
U.S. Environmental Protection Agency (EPA). 2003. Record of Decision - Del Monte
Corporation Oahu Plantation Superfund Site - Kunia, Hawaii. Region IX - San Francisco,
California. September.
U.S. Environmental Protection Agency (EPA). 2006. "Re: Background Concentrations of
Contaminants of Concern and the Implications for Remediation, Del Monte
ES032510143353BAO\101730001
12-1
-------
12..0 REFERENCES
Corporation (Oahu Plantation) Superfund Site." Letter from Janet Rosati/EPA
Region IX to Eduardo Littleton/Del Monte Fresh Produce. February 2.
U.S. Environmental Protection Agency (EPA). 2007. Consent Decree. United States of America
v. James Campbell Company, LLC. Lodged June 8.
U.S. Environmental Protection Agency (EPA). 2008. Preliminary Close Out Report, Del Monte
Corporation Oahu Plantation Superfund Site, Kunia, Hawaii. September 8.
12-2
ES032510143353BACA101730001
-------
Appendix A
Documents Reviewed
-------
APPENDIX A
Documents Reviewed
Golder Associates Inc. 1998. Remedial Investigation Report for the Del Monte Corporation (Oahu
Plantation) Superfund Site. Golder Associates Inc. Redmond, VV A, November.
Golder Associates Inc. 2003. Feasibility Study Report for the Del Monte Corporation (Oahu
Plantation) Superfund Site. Golder Associates Inc. Redmond, WA.
Golder Associates Inc. 2003. Final Basal Groundwater Monitoring Plan, Del Monte Corporation
(Oahu Plantation) Superfund Site. Golder Associates Inc. Redmond, WA. December 5.
Golder Associates Inc. 2003. Final Design Report - Kunia Well Pump-and-Treat System, Del Monte
Corporation(Oahu Plantation) Superfund Site. Golder Associates Inc. Redmond, WA.
December 8.
Golder Associates Inc. 2006. Draft Final Operations and Maintenance for the Kunia Well Pump
and Treat System. Groundwater Extraction, Del Monte Corporation (Oahu Plantation)
Superfund Site. Golder Associates Inc. Redmond, WA. July 24.
Golder Associates Inc. 2007. Capture Zone Analysis Report from the Kunia Well Basal
Groundwater Extraction, Del Monte Corporation (Oahu Plantation) Superfund Site. Golder
Associates Inc. Redmond, WA. February 9.
Golder Associates Inc. 2007. Design for Changes to the Kunia Well Pump-and-~Treat System, Del
Monte Corporation (Oahu Plantation) Superfund Site. Golder Associates Inc. Redmond,
WA. May 17.
Golder Associates Inc. 2007. Final Perched Groundwater Remedial Design Report, Del Monte
Corporation (Oahu Plantation) Superfund Site. Golder Associates Inc. Redmond, WA.
December 20.
Golder Associates Inc. 2008. Final Construction Quality Assurance Plan for the Perched Groundwater
Treatment System Del Monte Corporation (Oahu Plantation) Superfund Site .Golder
Associates Inc. Redmond, WA. April 24.
Golder Associates Inc. 2008. Remedial Action Work Plan Del Monte Corporation (Oahu Plantation)
Superfund Site, Kunia, Hawaii. Golder Associates Inc. Redmond, WA. April 29.
Golder Associates Inc. 2008. Approximate Mass ofCOCs in the Perched Aquifer Source Area. Del
Monte Corporation (Oahu Plantation) Superfund Site. Golder Associates Inc. Redmond,
WA. June 4.
Golder Associates Inc. 2008. Final Operations and Maintenance Manual for the Kunia Well Pump
and Treat System. Del Monte Corporation (Oahu Plantation) Superfund Site. Golder
Associates Inc. Redmond, WA. October 24.
ES032510143353BAO\101730001
A-1
-------
APPENDIX A
DOCUMENTS REVIEWED
Golder Associates Inc. 2008. Final Operations and Maintenance Manual tor the Perched
Groundwater Remediation System. Del Monte Corporation (Oahu Plantation) Superfund Site.
Golder Associates Inc. Redmond, WA. October 24.
Golder Associates Inc. 2009. Report on Evaluation of Background Concentrations of Contaminants
of Concern in the Basal Aquifer, Del Monte Corporation (Oahu Plantation) Superfund Site,
Kunia, Hawaii. July 28.
Golder Associates Inc. 2009. Three Year Cumulative Basal Groundwater Monitoring Report Del
Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii. July 29.
Golder Associates Inc. 2009. Operations and Maintenance Manual For the Perched Groundwater
Remediation System, Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia,
Hawaii. July 29.
Golder Associates Inc. 2009. Compliance Monitoring Plan. Del Monte Corporation (Oahu
Plantation) Superfund Site, CERCLIS ID HID980637631, Kunia, Hawaii. July 9.
Golder Associates Inc. 2009. Fourth Quarter 2008 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii.
February 6.
Golder Associates Inc. 2009. First Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii. May 5.
Golder Associates Inc. 2009. Second Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii. July 31.
Golder Associates Inc. 2009. Third Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii.
November 18.
Golder Associates Inc. 2010. Fourth Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii.
January 22.
Golder Associates Inc. and GlobalTox. 1999. Baseline Risk Assessment Del Monte Corp. (Oahu
Plantation) Superfund Site, Kunia, Hawaii. Prepared for Del Monte Fresh Produce
(Hawaii) Inc. December.
James Campbell Company LLC. 2008. Letter to United States Environmental Protection
Agency for purchase of Section 8 by Kunia Agricultural Park Re: Institutional Controls
consent Decree for the Del Monte Superfund Site, Civil Action no: CV-07-00308. June 6.
James Campbell Company LLC. 2008. Letter to United States Environmental Protection
Agency for purchase of Section 6 by Syngenta Hawaii, LLC Re: Institutional Controls
Consent Decree for the Del Monte Superfund Site, Civil Action no: CV-07-00308.
September 15.
James Campbell Company LLC. 2009. Letter to United States Environmental Protection
Agency for purchase of Kunia village by Hawaii Agricultural Research Center Re:
Institutional Controls Consent Decree for the Del Monte Superfund Site, Civil Action no: CV-
07-00308. December 4.
A-2
ES032510143353BAO\101730001
-------
APPENDIX A
DOCUMENTS REVIEWED
LFR Inc. 2009a. 2008 Institutional Controls Annual Report, Del Monte Pineapple Plantation
Superfund Site, Kunia, Oahu, Hawaii. March 6.
LFR Inc. 2009b. 2009 Institutional Controls Annual Report, Del Monte Pineapple Plantation
Superfund Site, Kunia, Oahu, Hawaii. October 14.
U.S. Environmental Protection Agency. 2001. Comprehensive Five-Year Review Guidance. EPA-
540-R-01-007. Office of Solid Waste and Emergency Response, Washington, D.C. 9355-
7-033-P. June.
U.S. Environmental Protection Agency. 2002. OSWER Draft Guidance for Evaluating the Vapor
Intrusion to Indoor Air Pathway from Groundwater and Soils (Subsurface Vapor Intrusion
Guidance). November.
U.S. Environmental Protection Agency. 2003. Record of Decision - Del Monte Corporation Oahu
Plantation Superfund Site - Kunia, Hawaii. Region IX - San Francisco, California.
September.
U.S. Environmental Protection Agency. 2004. User's Guide for Evaluating Subsurface Vapor
Intrusion into Buildings. February 22.
U.S. Environmental Protection Agency. 2007. Consent Decree. United States of America v.
James Campbell Company, LLC. Lodged June 8.
U.S. Environmental Protection Agency. 2008. Preliminary Close Out Report, Del Monte
Corporation Oahu Plantation Superfund Site, Kunia, Hawaii. September 8.
Zimmerman, Gary. 2010. Personal Communication. Email from Gary Zimmerman/Golder
Associates to Jeff Cotter/CH2M HILL. January 5.
ES032510143353BAO\101730001
A-3
-------
Appendix B
ARARs Review Memorandum
-------
DRAFT TECHNICAL MEMORANDUM
CH2MHILL
Del Monte Corporation (Oahu Plantation) Superfund
Site, 5-Year Review
Applicable or Relevant and Appropriate
Requirements (ARARs) Evaluation
PREPARED FOR: United States Environmental Protection Agency, Region IX
PREPARED BY: CH2M HILL
DATE: February 25, 2010
This technical memorandum presents an evaluation of the Applicable or Relevant and
Appropriate Requirements (ARARs) at the Del Monte Corporation (Oahu Plantation)
Superfund Site.
ARARs Background
Section 121(d) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA) requires that remedial actions implemented at CERCLA sites attain
any Federal or more stringent State environmental standards, requirements, criteria, or
limitations that are determined to be ARARs.
Applicable requirements are those cleanup standards, criteria, or limitations promulgated
under Federal or State law that specifically address the situation at a CERCLA site. A
requirement is applicable if the jurisdictional prerequisites of the environmental standard
show a direct correspondence when objectively compared with the conditions at the Oahu
Plantation Superfund Site.
If a requirement is not legally applicable, the requirement is evaluated to determine whether
it is relevant and appropriate. Relevant and appropriate requirements are those cleanup
standards, standards of control, and other substantive environmental protection
requirements, criteria, or limitations promulgated under Federal or State law that, while not
applicable, address problems or situations sufficiently similar to the circumstances of the
response actions and are well-suited to the conditions of the site. The criteria for
determining relevance and appropriateness are listed in 40 CFR 300.400(g)(2).
Pursuant to U.S. Environmental Protection Agency (EPA) guidance, ARARs are classified
into three categories: chemical-specific, location-specific, and action-specific requirements,
defined below:
• Chemical-specific ARARs include those laws and requirements that regulate the release
to the environment of materials possessing certain chemical or physical characteristics or
containing specified chemical compounds. These requirements generally set health- or
risk-based concentration limits or discharge limitations for specific hazardous
ES032510143353BAO\100890002
B-1
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
substances. If, in a specific situation, a chemical is subject to more than one discharge or
exposure limit, the more stringent of the requirements should generally be applied.
• Location-specific ARARs are those requirements that relate to the geographical or
physical position of the site, rather than the nature of the contaminants or the proposed
remedial actions. These requirements may limit the placement of remedial action, and
may impose additional constraints on the cleanup action. For example, location-specific
ARARs may refer to activities in the vicinity of wetlands, endangered species habitat, or
areas of historical or cultural significance.
• Action-specific ARARs are requirements that apply to specific actions that may be
associated with remediation. Action-specific ARARs often define acceptable handling,
treatment, and disposal procedures for hazardous substances. These requirements are
triggered by the particular remedial activities that are selected to accomplish a remedy.
Examples of action-specific ARARs include requirements applicable to landfill closure,
wastewater discharge, hazardous waste disposal, and emissions of air pollutants.
To-be-considered (TBC) criteria are requirements that may not meet the definition of an
ARAR as described above but still may be useful in determining whether to take action at a
site or to what degree action is necessary. TBC criteria are defined in 40 CFR 300.400(g)(3).
Chemical-specific TBC requirements are applied in the absence of ARARs or when the
existing ARARs are not sufficiently protective to develop cleanup levels. TBC documents
are non-promulgated advisories or guidance issued by Federal or State government that are
not legally binding but that may provide useful information or recommended procedures
for remedial action. Although TBC criteria do not have the status of ARARs, they are
considered together with ARARs to establish the required level of cleanup for protection of
human health or the environment. The critical difference between a TBC and an ARAR is
that one is not required to comply with or meet a TBC when deciding on a remedial action.
Del Monte Site Background
The ARARs for the Del Monte Site were presented in the Record of Decision (ROD), Del Monte
Corporation (Oahu Plantation) Superfund Site (EPA, 2003).
The purpose of this regulatory review is to determine if regulations promulgated since the
issuance of the 2003 ROD may now impact the protectiveness of the remedy on human
health and the environment. In the preamble to the final National Contingency Plan, EPA
states that it will not reopen remedy selection decisions contained in RODs (i.e., ARARs are
normally frozen at the time of ROD signature) unless a new or modified requirement calls
into question the protectiveness of the selected remedy (55 FR 8757, March 8,1990).
Chemical-specific ARARs identified in the ROD are summarized in Table 1, and action-
specific ARARs identified in the ROD are summarized in Table 2. No location-specific
ARARs were identified in the 2003 ROD.
The current versions of the Hawaii Administrative Regulations (HAR) and the Code of
Federal Regulations (CFR) were consulted via the internet for pertinent updates.
B-2
ES032510143353BAO\100890002
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
Del Monte ARARs Review
Review of Chemical-Specific ARARs
A summary of chemical-specific ARARs and TBCs is provided in Table 1. The specific
regulations cited for each ARAR contained in Table 1 were reviewed for changes since the
2003 ROD was issued. The "Current Status" column presents the results of the review. State
of Hawaii Maximum Contaminant Levels (MCLs) were determined to be cleanup levels for
the basal aquifer, because they are more stringent than federal MCLs for the chemicals of
concern. Due to an oversight, state MCLs were not included in the ARARs table presented
in the 2003 ROD (Table 15), but were presented as ARARs in Section 12.1.1 of the ROD.
Review of Action-Specific ARARs
A summary of the action-specific ARARs is provided in Table 2. The specific regulations
cited for each ARAR contained in Table 2 were reviewed for changes since the 2003 ROD
was issued. The "Current Status" column presents the results of the review.
Summary of Changes to Existing ARARs
The review did not identify any changes to ARARs identified in the ROD that could
potentially impact the protectiveness of the remedial actions. Since no significant changes to
ARARs were identified during this review, their status remains unchanged.
References
United States Environmental Protection Agency (EPA). 2003. Record of Decision, Del Monte
Corporation, Oahu Plantation Superfund Site, Kunia, Hawaii. September
ES032510143353BAO\100890002
B-3
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
TABLE 1
Chemical-Specific3 ARARs for Selected Remedy
Requirement
Citation13
ARAR
Determination
Comments
Current Status
PERCHED AQUIFER - FEDERAL
Safe Drinking Water Act (42 U.S.C., ch. 6A, § 300[f]-300[j]-26)
National primary drinking water
standards are health-based standards
(MCLs) for public water systems.
40 CFR § 141.61(a)
Not an ARAR
The NCP defines MCLs as relevant and
appropriate for groundwater determined to be a
current or potential source of drinking water, in
cases where MCLGs are not ARARs. The Kunia
Village perched aquifer is considered a Class III
aquifer (not a potential source of drinking water)
because of insufficient quantity and drinking
water standards are not relevant or appropriate.
Status has not changed
since issuance of the 2003
ROD.
Resource Conservation and Recovery Act (42 U.S.C., ch. 82, §§ 6901-6991 [1])
Defines RCRA hazardous waste. A
solid waste is characterized as toxic if
the waste exceeds the TCLP maximum
concentrations. A solid waste can also
be a hazardous waste if it contains a
listed hazardous waste.
HAR Title 11 261-
22(1 )(3)(4), 261-
24(a)(2)-(a)(8), 261-
101, 261 -3(a)(2)(C) or
(F)
262-10, 262-11, 264-
178, 264-197, 264-258,
264-288
Applicable
Applicable for determining whether either soil
cuttings from well drilling or extracted
groundwater is hazardous. The extracted
groundwater will likely contain a listed waste and
be considered hazardous under the "contained
in" policy. Soil may also be hazardous waste
under the "contained in" policy if it contains a
listed waste or if it exceeds the criteria for
characteristic hazardous waste.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
PERCHED AQUIFER - STATE
(No chemical-specific State ARARs have been identified for the perched aquifer)
BASAL AQUIFER
- FEDERAL
Safe Drinking Water Act (42 U.S.C., ch. 6A, § 300[f]-300[j]-26)c
National primary drinking water
standards are health-based standards
(MCLs) for public water systems.
40 CFR § 141.61(a)
Relevant and
Appropriate
The NCP defines MCLs as relevant and
appropriate for groundwater determined to be a
current or potential source of drinking water, in
cases where MCLGs are not ARARs. MCLs are
relevant and appropriate for Class II aquifers
such as the Ewa-Kunia Aquifer System at the
Site.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
ES032510143353BAO\100890002
B-5
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
TABLE 1
Chemical-Specific3 ARARs for Selected Remedy
Requirement
Citation13
ARAR
Determination
Comments
Current Status
Resource Conservation and Recovery Act (42 U.S.C., ch. 82, §§ 6901—6991 [i])
Defines RCRA hazardous waste. A
solid waste is characterized as toxic if
the waste exceeds the TCLP maximum
concentrations. A solid waste can also
be a hazardous waste if it is "listed" or
if it contains a listed hazardous waste.
See the specific
citations above in the
Perched Aquifer part of
the table.
Applicable
Applicable for determining whether soil cuttings
from well drilling or extracted groundwater is
hazardous. If the extracted groundwater
contains Site COCs (which are listed wastes) in
excess of MCLs, it will be considered hazardous
under the "contained in" policy. Soil may also be
hazardous waste under the "contained in" policy
if it contains a listed waste or if it exceeds the
criteria for characteristic hazardous waste.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Groundwater protection standards:
Owners/operators of RCRA treatment,
storage, or disposal facilities must
comply with conditions in this chapter
that are designed to ensure that
hazardous constituents entering the
groundwater from a regulated unit do
not exceed specified concentration
limits in the uppermost aquifer
underlying the waste management
area of concern.
HAR Title 11 264-94,
except 264-94(a)(2)
and 264-94(b)
Relevant and
appropriate
Applicable for hazardous waste TSD facilities;
potentially relevant and appropriate in site-
specific circumstances, such as when a listed
waste has been released. The Del Monte Site is
not a TSD facility. However, because the waste
in the groundwater is a listed waste, this
requirement is determined to be relevant and
appropriate.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
BASAL AQUIFER - STATE
Hawaii drinking water maximum
contaminant levels (MCLs) are health-
based standards for public water
systems.d
HAR 11-20-4,
maximum contaminant
levels for organic
chemicals
Relevant and
appropriate
The NCP defines MCLs as relevant and
appropriate for groundwater determined to be a
current or potential source of drinking water, in
cases where MCLGs are not ARARs. MCLs are
relevant and appropriate for Class II aquifers
such as the Waiawa-Waipahu and Ewa-Kunia
Aquifer Systems at the Site. State MCLs are
ARARs when they are more stringent than
federal requirements.
State MCLs for ethylene
dibromide (EDB), 1,2-
dibromo-3-chloropropane
(DBCP), and 1,2,3-
trichloropropane (TCP) were
identified as ARARs in the
2003 ROD. Status remains
unchanged.
B-6
ES032510143353BAO\100890002
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
TABLE 1
Chemical-Specific3 ARARs for Selected Remedy
ARAR
Requirement
Citation13
Determination
Comments
Current Status
AIR - STATE
Hawaii Air Pollution Control Standards:
Address discharge of air pollution
including visible emissions, fugitive
dust, incineration, process industries,
sulfur oxides from fuel combustion,
storage of VOCs, VOC separation from
water, and waste gas disposal.
HAR Title 11, Chapter
60
Applicable
The regulation requires permits for point sources
and treatment systems that exceed 0.1 ton per
year of each hazardous air pollutant. The
substantive provisions of these regulations will
be applicable for any action that includes air
discharges exceeding this threshold. At this
stage, it does not appear likely that either the air
stripper (basal aquifer) or the SVE treatment unit
(perched aquifer) will have discharges
approaching the 0.1 ton per year threshold
HAR 11-60.1 was revised on
April 7, 2004 to add EDB and
DBCP to the list of
hazardous air pollutants
(HAPs). HAR 11-60.1-174
requires sources of HAP
emissions to comply with the
requirements of 40 CFR Part
63. 40 CFR Part 63, Subpart
GGGGG, applies to the site
remediation source category.
However, CERCLA actions
are specifically exempt from
these provisions. Therefore,
the status of the State air
pollution control standards
remains unchanged.
Notes:
Many action-specific ARARs contain chemical-specific limitations and are addressed in the action-specific ARARs tables (Table 16 of the 2003 ROD).
Only the substantive provisions of the requirements cited in this table are ARARs.
Statutes and policies, and their citations, are provided as headings to identify general categories of ARARs for the convenience of the reader; listing the statutes
and policies does not indicate that the entire statutes or policies are ARARs; specific ARARs are addressed in the table below each general heading; only
pertinent substantive requirements of the specific citations are considered ARARs.
Due to an oversight, state MCLs were not included in the ARARs table presented in the 2003 ROD (Table 15), but were presented as ARARs in Section 12.1.1.
Acronyms/Abbreviations:
ARAR - applicable or relevant and appropriate requirement
CFR. - Code of Federal Regulations
ch. - chapter
COCs - contaminants of concern
HAR - Hawaii Administrative Rules
MCL - maximum contaminant level
MCLG - maximum contaminant level goal
NCP - National Oil and Hazardous Substances Pollution Contingency Plan
RCRA- Resource Conservation and Recovery Act
§ - section
SVE - soil vapor extraction
TCLP - toxicity characteristic leaching procedure
TSD-treatment, storage, and disposal
VOCs - volatile organic compounds
U.S.C. - United States Code
ES032510143353BAO\100890002
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
TABLE 2
Action-Specific ARARs3 for Selected Remedy
Action/Req u irement
Citation13
ARAR
Determination
Comments
Current Status
PERCHED AQUIFER-
-FEDERAL
Resource Conservation and Recovery Act (42 U.S.C. §§ 6901—6991 [i])c
On-site waste generation/Person who
generates waste shall determine if that waste
is a hazardous waste.
HAR Title 11 262-10(a),
262-11
Applicable
Applicable for any operation where waste is
generated. The determination of whether
wastes generated during remedial activities,
such as soil cuttings from well installation and
treatment residues, are hazardous will be made
when the wastes are generated.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
On-site waste generation/Requirements for
analyzing waste to determine whether waste
is hazardous.
HAR Title 11 264-13(a)
and (b)
Applicable
Applicable for any operation where waste is
generated. The determination of whether
wastes generated during remedial activities are
hazardous will be made when the wastes are
generated.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Hazardous waste accumulation/On-site
hazardous waste accumulation is allowed for
up to 90 days as long as the waste is stored
in containers or tanks, on drip pads, inside
buildings, is labeled and dated, etc.
HAR Title 11 262-34
Applicable
Applicable for any operation where hazardous
waste is generated and transported. The
determination of whether wastes generated
during remedial action activities are hazardous
will be made at the time the wastes are
generated.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Hazardous waste accumulation/Containers of
RCRA hazardous waste must be:
Maintained in good condition,
HAR Title 11 264-171,
264-172, and 264-173
Applicable
Substantive provisions are applicable if waste is
determined to be RCRA hazardous waste.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Compatible with hazardous waste to
be stored, and
Closed during storage except to add
or remove waste.
Hazardous waste accumulation/Inspect
container storage areas weekly for
deterioration.
HAR Title 11 264-174
Applicable
Substantive provisions are applicable if waste is
determined to be RCRA hazardous waste.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
ES032510143353BAO\100890002
B-9
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
TABLE 2
Action-Specific ARARs3 for Selected Remedy
Action/Req u irement
Citation13
ARAR
Determination
Comments
Current Status
Hazardous waste accumulation/Place
containers on a sloped, crack-free base, and
protect from contact with accumulated liquid.
Provide containment system with a capacity
of 10 percent of the volume of containers of
free liquids. Remove spilled or leaked waste
in a timely manner.
HAR Title 11 264-175(a)
and (b)
Applicable
Substantive provisions are applicable if waste is
determined to be RCRA hazardous.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Site closure/At closure, remove all hazardous
waste and residues from the containment
system, and decontaminate or remove all
containers and liners.
HAR Title 11 264-178
Applicable
Substantive provisions are applicable if waste is
determined to be RCRA hazardous.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Use of tanks or piping/Requirements for
secondary containment of tank systems and
ancillary equipment.
HAR Title 11 264-
193(b), (c), (d), (e), and
(f)
Applicable
Substantive provisions are applicable for
phytoremediation treatment unit and associated
transfer piping.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Use of tanks or piping/Design requirements
for a tank system.
HAR Title 11 264-192
Applicable
Substantive provisions are applicable for
phytoremediation treatment unit and associated
transfer piping.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Use of tanks or piping/Upon closure of tank
system, minimize the maintenance and
remove or decontaminate all contaminated
equipment and materials to the extent
necessary to protect human health and the
environment.
HAR Title 11 264-197(a)
Applicable
Substantive provisions are applicable for
phytoremediation treatment unit and associated
transfer piping.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Miscellaneous treatment units/Design
requirements for miscellaneous treatment
units.
HAR Title 11 264-600
Applicable
Substantive provisions are applicable for
phytoremediation treatment unit.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Monitoring/Requirement for identifying
chemicals of concern.
HAR Title 11 264-93
Relevant and
Appropriate
Substantive provisions are relevant and
appropriate requirements for identifying
groundwater-monitoring COCs. Not applicable
because Del Monte Site is not a regulated unit.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
B-10
ES032510143353 BAO\100890002
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
TABLE 2
Action-Specific ARARs3 for Selected Remedy
Action/Req u irement
Citation13
ARAR
Determination
Comments
Current Status
Monitoring/Requirements for monitoring
groundwater.
HAR Title 11 264-97(b),
(d), and (e)(2)—(5)
Relevant and
Appropriate
Substantive provisions are relevant and
appropriate requirements for groundwater
monitoring. Not applicable because Del Monte
Site is not a regulated unit.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Monitoring/Requirements for an evaluation
monitoring program.
HAR Title 11 264-99(b),
(c), (e), (f), and (g)
Relevant and
Appropriate
Substantive provisions are relevant and
appropriate requirements for groundwater
monitoring. Not applicable because Del Monte
Site is not a regulated unit.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Corrective action/The owner or operator
required to take corrective action to
remediate releases from the regulated unit
and to ensure that the regulated unit achieves
compliance with the water quality protection
standard.
HAR Title 11 264-100(b)
Relevant and
Appropriate
Substantive provisions are relevant and
appropriate requirements for groundwater
monitoring and corrective action for the release.
Not applicable because Del Monte Site is not a
regulated unit.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Corrective action/The owner or operator shall
implement corrective action measures that
ensure COCs achieve their respective
concentration limits at all monitoring points
and throughout the zone affected by the
release, including any portions of the affected
zone that extend beyond the facility
boundary, by removing the waste
constituents or treating them in place. The
owner or operator shall take other action to
prevent noncompliance due to a continued or
subsequent release including, but not limited
to, source control.
HAR Title 11 264-100(c)
Relevant and
Appropriate
Substantive provisions are relevant and
appropriate requirements for groundwater
monitoring and corrective action. Not applicable
because Del Monte Site is not a regulated unit.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Monitoring/The owner or operator shall
establish and implement, in conjunction with
the corrective action measures, a water
quality monitoring program that will
demonstrate the effectiveness of the
corrective action program, effectively
determine compliance with the water quality
protection standard, and determine the
success of the corrective-action measures
under subsection (c) of this section.
HAR Title 11 264-100(d)
Relevant and
Appropriate
Substantive provisions are relevant and
appropriate requirements for groundwater
monitoring. Not applicable because Del Monte
Site is not a regulated unit.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
ES032510143353BAO\100890002
B-11
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
TABLE 2
Action-Specific ARARs3 for Selected Remedy
Action/Req u irement
Citation13
ARAR
Determination
Comments
Current Status
Completion of response action/Completion of
the corrective action program must be
demonstrated to be in compliance with the
water quality protection standard based on
the results of sampling and analysis for all
chemicals of concern for 1 year.
HAR Title 11 264-
100(g)(1) and (3)
Relevant and
Appropriate
Substantive provisions are relevant and
appropriate requirements for groundwater
monitoring. Not applicable because Del Monte
Site is not a regulated unit.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Hazardous waste must be labeled in
accordance with DOT regulations before
transport.
HAR Title 11 262-31
Applicable
Applicable for any operation where hazardous
waste is generated on-site and transported. The
determination of whether wastes generated
during remedial activities are hazardous will be
made when the wastes are generated.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Provides requirements for marking hazardous
waste before transport.
HAR Title 11 262-32
Applicable
Applicable for any operation where hazardous
waste is generated on-site and transported. The
determination of whether wastes generated
during remedial activities are hazardous will be
made when the wastes are generated.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
A generator must assure that the transport
vehicle is correctly placarded before transport
of hazardous waste.
HAR Title 11 262-33
Applicable
Applicable for any operation where hazardous
waste is generated on-site and transported. The
determination of whether wastes generated
during remedial activities are hazardous will be
made when the wastes are generated.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
PERCHED AQUIFER - STATE
(No action-specific State ARARs have been identified for the perched aquifer)
BASAL AQUIFER - FEDERAL
Resource Conservation and Recovery Act (42 U.S.C. §§ 6901—6991 [i])c
All of the ARARs cited above for the perched aquifer also apply to the basal aquifer. The phytoremediation treatment unit referenced for the perched aquifer, becomes the
groundwater treatment unit for the basal aquifer.
B-12
ES032510143353 BAO\100890002
-------
DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, 5-YEAR REVIEW
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARS) EVALUATION
TABLE 2
Action-Specific ARARs3 for Selected Remedy
Action/Req u irement
Citation13
ARAR
Determination
Comments
Current Status
Underground Injection Control Program (40 CFR Part 144)
Underground Injection Control regulations
and permitting requirements for five general
classes of injection wells.
40 CFR Part 144
Applicable (if
injection wells
used)
Applicable if groundwater injection wells used
for recharge of treated groundwater. This is not
currently planned, but may be considered if the
volume of basal aquifer extraction exceeds Del
Monte's water rights. The injection wells would
be considered Class V injection wells.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Pesticide use/Requirements for a buffer zone
around water wells.
FIFRA § 3 and 40 CFR
Part 152 Subparts C
and D
Applicable
Places restrictions on pesticide formulations
containing 1,3-dichloropropene (including
Telone II®, which is used on the Oahu
plantation), that stipulate such formulations
cannot be used within 100 feet of a water well.
Will require establishment of a buffer zone
around any monitoring, extraction or injection
wells installed in or near pineapple fields.
Requirements have not
changed since issuance of
the 2003 ROD. Status
remains unchanged.
BASAL AQUIFER - STATE
(No action-specific State ARARs have been identified for the basal aquifer)
Notes:
a Many action-specific ARARs contain chemical-specific limitations and are addressed in this action-specific ARAR table.
b Only the substantive provisions of the requirements cited in this table are ARARs.
0 Statutes and policies, and their citations, are provided as headings to identify general categories of ARARs for the convenience of the reader; listing the statutes and
policies does not indicate that the entire statutes or policies are ARARs; specific ARARs are addressed in the table below each general heading; only pertinent
substantive requirements of the specific citations are considered ARARs.
Acronyms/Abbreviations:
ARAR - applicable or relevant and appropriate requirement
CFR - Code of Federal Regulations
COCs - contaminants of concern
DOT - Department of Transportation
FIFRA - Federal Insecticide, Fungicide, and Rodenticide Act
HAR - Hawaii Administrative Rules
RCRA- Resource Conservation and Recovery Act
§ - section
U.S.C. - United States Code
ES032510143353BAO\100890002
B-13
-------
Appendix C
Human Health, Toxicology and Ecological
Risk Analysis Memorandum
-------
DRAFT TECHNICAL MEMORANDUM
CH2MHILL
Del Monte Corporation Oahu Plantation Superfund
Site 5-Year Review:
Risk Assessment and Toxicology Analysis
PREPARED FOR: United States Environmental Protection Agency, Region IX
PREPARED BY: CH2M HILL
DATE: February 25, 2010
This technical memorandum presents a risk assessment and toxicology analysis to support
the five-year review of the Del Monte Corporation (Oahu Plantation) Superfund Site (Del
Monte Site) in Kunia, Hawaii on the Island of Oahu. The Record of Decision (ROD) selecting
the remedy for the Del Monte site was issued by the U.S. Environmental Protection Agency
(EPA) in September 2003, and active remediation of contaminated basal groundwater was
initiated by Del Monte in September 2005.
As described in the guidance for EPA's Comprehensive Five-Year Reviews (EPA, 2001), a
key purpose of the five-year review process for a site is to determine if the remedy is, or
upon completion will be, protective of human health and the environment. Protectiveness is
generally defined in the National Contingency Plan (NCP) by the risk range and the Hazard
Index (HI).
The following three questions are part of the technical assessment of the protectiveness of
the remedy, as outlined in the EPA five-year review guidance document:
• Question A - Is the remedy functioning as intended by the decision documents?
• Question B - Are the exposure assumptions, toxicity data, cleanup levels, and remedial
action objectives (RAOs) used at the time of remedy selection still valid?
• Question C - Has any other information come to light that could call into question the
protectiveness of the remedy?
To determine whether the remedy at the Del Monte site remains protective of human health,
the sections below evaluate changes in site conditions, changes in exposure pathways,
changes in toxicity values, and changes in cleanup levels since completion of the Baseline
Risk Assessment (BRA) and selection of the Site remedy. A section evaluating the findings
from the qualitative ecological screening assessment presented in the BRA is also included.
The BRA prepared by Golder and Associates and GlobalTox (1999) was reviewed as part of
these evaluations.
Changes in Site Conditions
The Del Monte Site is part of a 6,000-acre pineapple plantation that was operated by Del
Monte Fresh Produce (Hawaii), Inc. under lease from the Estate of James Campbell
(Campbell Estate), the landowner. The plantation was used for cultivation of pineapple
ES032510143353BAO\100890003
C-1
-------
DEL MONTE CORPORATION OAHU PLANTATION SUPERFUND SITE 5-YEAR REVIEW:
RISK ASSESSMENT AND TOXICOLOGY ANALYSIS
from 1946 through November 2006 (LFR, 2009). During that time, soil fumigants were
stored and mixed onsite, and applied to the soil to kill nematodes (worms that attack
pineapple roots). In April 1997, an accidental spill involving about 495 gallons of the soil
fumigant ethylene dibromide (EDB) occurred on bare ground near the Kunia Well, which
supplied domestic water to nearby Kunia Village, as well as irrigation water for the
plantation. As a result of the fumigant spill, and storage and mixing activities, chemicals in
these fumigants have contaminated both shallow (perched) and deeper (basal) groundwater
beneath the site. The chemicals of potential concern (COPCs) identified in the BRA include
EDB, l,2-dibromo-3-chloropropane (DBCP), 1,2-dichloropropane (DCP), and 1,2,3-trichloro-
propane (TCP).
In early 2008, Del Monte ceased operation of the Oahu Plantation and closed all associated
plantation facilities, with the exception of the perched and basal groundwater remediation
systems, which are currently operated and maintained by Del Monte contractors. Following
the closure of the plantation, James Campbell Company (JCC), the successor to the
Campbell Estate, initiated the sale of parcels of the former plantation lands to various
entities. In 2008 and 2009, parcels of the former plantation were sold to the U.S. Army, for
redevelopment as housing for Schofield Army Barracks; to Syngenta Hawaii LLC; to Hawaii
Agricultural Research Center; and to Kunia Agricultural Park (LFR, 2009). With the
conveyance of parcels, institutional controls remain in place to assure that the remedy will
be maintained, as required by the Consent Decree between JCC and EPA (EPA, 2007).
The ROD (EPA, 2003) lists two components of remedial action to be implemented at the Site:
1) perched groundwater extraction, soil vapor extraction and installation of a vegetative soil
cap over the contaminated soil in the Source Area; and 2) basal groundwater extraction and
treatment with a contingency for natural attenuation. Institutional controls in the form of
land and/ or water use restrictions are an integral part of each of these components of the
remedial action in order to prevent any exposure of the public to contaminants at the Site
while cleanup levels have not been achieved, as well as to prevent interference with any
aspect of the remedial action.
Changes in Exposure Pathways
The human health exposure pathways evaluated in the 1999 BRA (Golder and GlobalTox,
1999) include:
• Ambient air inhalation in residential and occupational settings from volatilization of
COPCs from the former excavation pit water;
• Inhalation of COPCs in occupational settings from the direct use of the Hawaii Country
Club (HCC) well water for golf course irrigation without physical treatment;
• Inhalation of and dermal contact with COPCs in occupational settings from the direct
use of the Kunia Well water for agricultural irrigation without physical treatment; and,
• Hypothetical future residential exposure through ingestion, dermal contact, and/ or
inhalation of COPCs from the residential use of impacted groundwater without physical
treatment.
C-2
ES032510143353BAO\100890003
-------
DEL MONTE CORPORATION OAHU PLANTATION SUPERFUND SITE 5-YEAR REVIEW:
RISK ASSESSMENT AND TOXICOLOGY ANALYSIS
Because the excavation pit has been filled in, there is no longer the potential for exposure to
contaminated surface water in the Kunia Village Area, eliminating the first bullet as a
pathway. The other pathways that were evaluated are still appropriate.
An additional potential pathway that was not addressed in the BRA is volatile organic
compound (VOC) vapors migrating from impacted soil or groundwater to indoor air inside
buildings. EPA's draft Vapor Intrusion Screening Guidance issued in November 2002 states
that the vapor intrusion pathway should be investigated if COPCs exceed the vapor
intrusion screening levels in shallow groundwater. Target groundwater concentrations were
developed that correspond to target indoor air concentrations where the soil gas to indoor
air attenuation factor is 0.001 and partitioning across the water table obeys Henry's Law as
described in the Vapor Intrusion Screening Guidance. Target indoor air concentrations were
based on an adult residential exposure scenario and assume exposure of an individual for
350 days per year over a period of 30 years. Screening levels were calculated using a target
risk of 1 x 10'6 for chemicals with carcinogenic health effects and a target hazard quotient of
1 for chemicals with noncarcinogenic health effects. Table 1 provides the vapor intrusion
screening levels and the Hawaii State Maximum Contaminant Levels (MCLs) for the COPCs
at the Site. The MCLs are lower than the vapor intrusion screening levels for three of the
four COPCs (EDB, DBCP, and TCP), but for DCP, the vapor intrusion screening level of 2
micrograms per liter (|_ig/ L) is less than the MCL for that compound of 5 ju,g/L.
TABLE 1
Comparison Between Vapor Intrusion to Indoor Air Pathway Screening Levels and Hawaii MCLs
Chemical
Target Groundwater Concentration
Corresponding to Target Indoor Air
Concentration (jig/L)(a)
Hawaii State
MCL (jig/L)
Ethylene dibromide (EDB)
0.15
0.04
1,2-Dibromo-3-chloropropane (DBCP)
0.07
0.04
1,2,3-Trichloropropane (TCP)
21
0.6
1,2-Dichloropropane (DCP)
2
5
Notes:
(a) Target groundwater concentrations were derived using OSWER Draft Guidance for Evaluating
the Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils (EPA, 2002)
MCL = Maximum Contaminant Level
To determine the protectiveness of the MCL for DCP for the vapor intrusion pathway, site-
specific conditions were entered into EPA's screening level Groundwater Model (EPA, 2004)
to compute the risk of exposure through inhalation of vapors from DCP in groundwater at 5
Hg/L. The perched groundwater is approximately 25 to 75 feet below ground surface and
the soil type is silt loam. Using a depth below grade to the water table of 25 feet and a soil
type of silt loam, the model predicts an attenuation factor of 0.0001 and a risk of 1 x 10 7,
which is less than the 1 x 10 6 criterion for potentially unacceptable risk. Therefore, cleaning
up the groundwater to MCLs will be protective of potential future residents exposed to
COPCs in groundwater through vapor intrusion.
ES032510143353BAO\100890003
C-3
-------
DEL MONTE CORPORATION OAHU PLANTATION SUPERFUND SITE 5-YEAR REVIEW:
RISK ASSESSMENT AND TOXICOLOGY ANALYSIS
Changes in Toxicity Values
There have been a number of changes to the toxicity values for specific COPCs in soil and
groundwater at the Del Monte Site since the ROD was completed in 2003. For example,
revisions to the oral slope factor for EDB indicate a lower risk from exposure than
previously considered; however, revisions to the inhalation slope factor for EDB increased,
signifying a higher risk from exposure. Table 2 provides a direct comparison between the
1999 toxicity values, as specified in Tables 8 and 9 of the ROD, and current EPA Region 9
values. These changes have not affected the remedial action objectives (RAOs) as the RAOs
were based on chemical-specific Applicable or Relevant Appropriate Requirements (i.e.,
Hawaii State MCLs), which are set at conservative levels, where no known or anticipated
adverse health effects are expected to occur.
TABLE 2
Comparison Between 1999 Toxicity Values and Current Regional Screening Level (RSL) Values
Chemical
Inhalation Exposure
RfC
(mg/m3)
URF
(ng/m3)
Table 9(a)
2009 RSL
Table
Change in
Toxicity
Table 8(a)
2009 RSL
Table
Change in
Toxicity
Ethylene dibromide
0.0002
0.009
Less toxic
0.00022
0.0006
More toxic
1,2-Dibromo-3-chloropropane
0.00024
0.0002
Slightly
more toxic
0.00000069
0.006
More toxic
1,2,3-Trichloropropane
0.006
0.0003
More toxic
0.002
NA
Less toxic
1,2-Dichloropropane
NA
0.004
More toxic
0.0000194
0.00001
Less toxic
Chemical
Ingestion Exposure
RfDo
(mg/kg-day)
SFo
(mg/kg-day)"1
Table 9 (a)
2009 RSL
Table
Change in
Toxicity
Table 8 (a)
2009 RSL
Table
Change in
Toxicity
Ethylene dibromide
0.000057
0.009
Less toxic
85
2
Less toxic
1,2-Dibromo-3-chloropropane
0.000057
0.0002
Less toxic
1.4
0.8
Less toxic
1,2,3-Trichloropropane
0.006
0.004
More toxic
7
30
More toxic
1,2-Dichloropropane
0.0011
0.09
Less toxic
0.068
0.036
Less toxic
Notes:
RfC = Reference Concentration
URF = Unit Risk Factor
RfDo = Oral Reference Dose
SFo = Oral Slope Factor
2009 RSL Table = EPA Regional Screening Levels Table (updated December 2009)
(a) Tables 8 and 9 are from the 2003 Record of Decision - Del Monte Corporation Oahu Plantation
Superfund Site (EPA, 2003)
C-4
ES032510143353BAO\100890003
-------
DEL MONTE CORPORATION OAHU PLANTATION SUPERFUND SITE 5-YEAR REVIEW:
RISK ASSESSMENT AND TOXICOLOGY ANALYSIS
Changes in Cleanup Levels
The RAOs incorporate Hawaii State MCLs as the cleanup levels in the basal aquifer for
groundwater contamination at the Del Monte site. The Hawaii MCLs for the COPCs have
not changed since the ROD was issued so the cleanup levels are current.
Ecological Screening Assessment
In the BRA (Golder and GlobalTox, 1999), ecological risks were evaluated qualitatively
because very few shallow soil and sediment samples contained detectable concentrations of
COPCs, and because contaminated perched groundwater typically occurs at depths of 50 to
80 feet below ground surface and does not discharge to surface water. Therefore, the
qualitative screening assessment concluded that there are no realistic exposure pathways for
ecological receptors and no unacceptable risk. Because site conditions have not changed
since completion of the BRA, the conclusion that there are no exposure pathways for
ecological receptors is still valid, and no unacceptable risk is attributable to the Kunia
Village Area.
Conclusions
The remedial actions at the Del Monte site are currently protective of human health and the
environment based on a review of current site conditions, exposure pathways, and toxicity
values. In general, potential sources of exposure that could result in unacceptable risks are
being controlled.
References
Golder Associates Inc. and GlobalTox. 1999. Baseline Risk Assessment Del Monte Corp. (Oahu
Plantation) Superfund Site, Kunia, Hawaii. Prepared for Del Monte Fresh Produce
(Hawaii) Inc. December.
LFR Inc. 2009. 2009 Institutional Controls Annual Report. Del Monte Pineapple Plantation
Superfund Site. Prepared for James Campbell Company, LLC. October 14.
U.S. Environmental Protection Agency (EPA). 2001. Comprehensive Five-Year Review
Guidance. EPA-540-R-01-007. Office of Solid Waste and Emergency Response,
Washington, D.C. 9355-7-033-P. June.
U.S. Environmental Protection Agency (EPA). 2002. OSWER Draft Guidance for Evaluating the
Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils (Subsurface Vapor
Intrusion Guidance). November.
U.S. Environmental Protection Agency (EPA). 2003. Record of Decision - Del Monte
Corporation Oahu Plantation Superfund Site - Kunia, Hawaii. Region IX - San Francisco,
California. September.
U.S. Environmental Protection Agency (EPA). 2004. User's Guide for Evaluating Subsurface
Vapor Intrusion into Buildings. February 22.
U.S. Environmental Protection Agency (EPA). 2007. Consent Decree. United States of America
v. James Campbell Company, LLC. Lodged June 8, 2007.
ES032510143353BAO\100890003
C-5
-------
Appendix D
Data Review Memorandum
-------
DRAFT TECHNICAL MEMORANDUM
Data Review Memorandum for the Del Monte
Corporation (Oahu Plantation) Superfund Site, Kunia,
Hawaii, 5-Year Review
This technical memorandum (TM) summarizes findings from a review of monitoring and
remediation data for the Del Monte Corporation (Oahu Plantation) Superfund Site in Kunia,
Hawaii (the Site), during the first 5-year review period. As described in the Record of
Decision (ROD), the Environmental Protection Agency's (EPA's) selected remedy is divided
into two parts: 1) remediation of the shallow groundwater (perched aquifer) and
contaminated soil in the Kunia Village Area from approximately 20 feet below the ground
surface (bgs) to 100 feet bgs, and 2) remediation of the deep groundwater (basal aquifer).
EPA's goal is to prevent perched aquifer and deep soil contaminants further contaminating
the basal aquifer, and to prevent future exposure to contaminated groundwater from the
basal aquifer (EPA, 2003). In the ROD, EPA selected the following remedies for the Site:
1. Remediation of shallow groundwater and deep soil in the perched aquifer by pumping
and treating contaminated groundwater using plants (phytoremediation), placing a
vegetative soil cover over the perched aquifer source area to reduce rainfall infiltration,
installing a soil vapor extraction (SVE) system to withdraw volatile chemicals from the
deep soil, and restricting land use to prevent exposure to contaminated soil and
groundwater (institutional controls).
2. Remediation of deep groundwater (basal aquifer) by pumping groundwater in a phased
manner, starting with the Kunia well (source control), treating extracted groundwater to
Hawaii maximum contaminant levels (MCLs), installation of monitoring wells to
characterize the extent of the contamination in the source area and downgradient plume,
monitoring the effectiveness of source control and monitored natural attenuation (MNA)
in reducing contamination in the downgradient plume, and restricting land use to
prevent exposure to contaminated basal groundwater (well restriction area).
These remedial actions are expected to be the only actions required to remediate impacted
soil and groundwater. This TM evaluates data collected for the engineered portions of these
remedies through the fourth quarter of 2009 (institutional controls are evaluated in
Appendix E of the Five Year Report). The purpose of this review is to evaluate whether the
remedies are effectively meeting the remedial action objectives (RAOs) established in the
ROD, and remain protective of human health and the environment. This review considers
the following:
ES032510143353BAO\100890004 D-1
DATE:
PREPARED FOR:
PREPARED BY:
U.S. Environmental Protection Agency, Region IX
CH2M HILL, Inc.
March 1, 2010
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
• Performance of the perched aquifer remedy by reviewing groundwater extraction data
and the effectiveness of the vegetative cap, groundwater constituent of concern (COC)
trends, and SVE system data.
• Performance of basal aquifer remedy of source control by pumping in the Kunia well by
reviewing COC trends in extracted groundwater from the Kunia pumping well and
monitoring wells.
Background
The Del Monte Corporation Oahu Plantation was a 6,000-acre pineapple plantation operated
by Del Monte. In 2006, Del Monte shut down pineapple operations and the land owner,
James Campbell Co. LLC (JCC), initiated the sale of the former agricultural lands. The
history of Del Monte activities and COC releases in the Kunia Village Area are detailed in
previous documents generated during the Remedial Investigation (RI), Feasibility Study
(FS), and subsequent remedial design and remedial action (RD/RA) work (Golder, 1998;
2003a; and 2009a). A sequence of events related to the site is summarized in Section 2.0 of
the main text of the Five Year Review report.
Hydrogeologic Setting
The most extensive bodies of freshwater on Oahu occur as basal groundwater (Golder,
2009b). Basal groundwater occurs when fresh water percolates into the saturated zone and
displaces the underlying seawater. The accumulating fresh water forms a lens-shaped body
with a surface that extends above the surface of the salt water due to the contrast in
densities between freshwater and seawater. The water table or potentiometric surface of a
basal-water body is typically rather flat and no more than several feet to several tens of feet
above sea level. The predominant volume of the freshwater body lies below sea level where
it gradually transitions to higher chloride concentrations with increasing depth.
Two basal aquifers are present in the Kunia area. The Kunia Village Area is located above
the Pearl Harbor Basal Water Body near the contact between the Ewa-Kunia and Waiawa-
Waipahu Aquifer portions of the basal aquifer. The estimated location of the contact
between the Koolau (Waiawa-Waipahu) and Waianae (Ewa-Kunia) basalts at the basal
aquifer water table elevation (roughly about mean sea level) has generally been mapped as
being slightly to the east of the Kunia Village; however, new information on basal water
levels obtained during RD/RA activities indicate that the contact lies about 1,000 to 2,000
feet west of the Kunia well. The contact is comprised of a weathered zone and
accumulations of alluvium, separating the lower, older Waianae lavas from the younger
Koolau lavas. Hydraulic head drop across the contact is about 2 to 3 feet, with heads in the
Koolau basalts being higher. Therefore, flow across the contact is always from the Koolau to
the Waianae sections (Golder, 2009b). To date, no COCs have been detected in basal
monitoring or production wells completed in the Ewa-Kunia (Waianae) aquifer sections.
D-2
ES032510143353BAO\100890004
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
Remedial Action Objectives
EPA's Remedial Action Objectives for the Del Monte Site are to (EPA, 2003):
• Prevent exposure of the public to contaminated groundwater above chemical-specific
cleanup levels (described below);
• Inhibit further migration of the contaminant plume away from the Kunia Valley Source
Area (KVSA) (source control);
• Limit discharge of Kunia Village Area perched groundwater and deep soil contaminants
to basal groundwater such that basal groundwater concentrations do not exceed the
chemical-specific cleanup goals described below (source control); and
• Restore basal groundwater to its beneficial use of drinking water supply within a
reasonable time frame (aquifer restoration).
The current groundwater cleanup levels that apply to both on- and off-property
groundwater remediation are described in the ROD (EPA, 2003). To meet RAOs, source
control will be required in the Kunia Village basal aquifer source area as long as
contaminant concentrations in groundwater exceed cleanup levels, and downgradient MNA
will be required until the downgradient plume meets the cleanup levels. The RAOs for the
Del Monte Site incorporate the following chemical-specific cleanup levels in the basal
aquifer, based on Hawaii MCLs, which are more stringent than Federal MCLs:
• Ethylene dibromide (EDB) - 0.04 micrograms per liter (|j,g/L)
• l,2-dibromo-3-chloropropane (DBCP) - 0.04 (ig/L
• 1,2,3-trichloropropane (TCP) - 0.6 (J.g/L
• 1,2-dichloropropane (DCP) - 5 (J.g/L
Data Review
Table 1 presents the compliance monitoring programs, data collected, and the reporting
frequencies at the Oahu Plantation Site as part of the remedial actions detailed in the
Compliance Monitoring Plan for Del Monte Corporation (Oahu Plantation) (Golder, 2009c).
Figure 1 presents the layout of the remedial systems in the KVSA. The following sections
provide an evaluation of the mass of COCs in the perched aquifer soils, the groundwater
extraction system, perched aquifer COC trends, the SVE system, COCs in the Kunia well
used for basal aquifer extraction, and COC trends in the basal aquifer. Collectively these
data were evaluated to determine whether remedial actions are resulting in the intended
outcomes described in the ROD for COCs originating in the KVSA (EPA, 2003).
Evaluation of Perched Aquifer Remedy
The overall objective of the perched aquifer remedy, as described in the ROD, is to reduce
perched aquifer contamination such that it can no longer cause exceedances of MCLs in the
basal aquifer. The perched groundwater monitoring program has been conducted quarterly
since the full-scale perched aquifer system was started in 2008 to evaluate the effects (e.g.,
changes in groundwater chemical concentrations, dewatering of the perched groundwater,
contaminant removal using SVE, etc.) of the perched aquifer remediation system.
ES032510143353BAO\100890004
D-3
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
Figure 2 shows the layout of groundwater extraction, monitoring, and SVE wells that are
part of the perched aquifer remediation system. There are currently 63 perched aquifer wells
at the site. Twelve wells are groundwater monitoring only; the remaining 51 wells consist of
19 dual groundwater extraction and SVE wells, 30 SVE-only wells, and two groundwater-
only extraction wells (Golder, 2009d). Dual-extraction and SVE-only wells are plumbed into
nine groups of wells called "headers" which are connected to two vacuum blowers that
extract air from the subsurface soil in the vicinity of the SVE wells along with volatile
compounds, which are treated with carbon before the offgas is discharged to the
atmosphere.
Groundwater extraction provides hydraulic containment, COC source removal, and
dewatering of the perched aquifer so that the SVE system can remove COCs from soil in the
deeper, most contaminated portion of the perched aquifer. The Fourth Quarter 2008 and
First, Second, and Third Quarter 2009 Perched Groundwater Remediation Reports were
reviewed for this evaluation (Golder, 2009d-g). Because implementation of full-scale
operation of the perched aquifer remedy has only been active for 1.5 years, there are limited
data to evaluate the performance of this remedy. Groundwater and SVE monitoring results
for the first 1.5 years of operations are summarized in the following sections.
Evaluation of Perched Aquifer Dewatering
Groundwater extraction from the perched aquifer began in 1998. Between 1998 and 2008, 42
perched aquifer groundwater extraction wells and 24 monitoring wells were installed to
delineate the extent of perched aquifer COCs, and reduce infiltration to the basal aquifer of
perched groundwater containing the highest levels of COCs. Prior to completion of the full-
scale perched groundwater extraction and SVE treatment system (completed in July 2008),
extracted groundwater was treated in the phytoremediation system (Figure 1). Construction
activities included the conversion of 30 monitoring wells with little water present and
extraction wells that were dewatered from previous pumping, to new SVE wells, and the
conversion of 19 wells into dual wells to serve as both SVE and groundwater extraction
wells. As of July 2008,19 dual and two groundwater-only extraction wells were fitted with
air driven, low-level drawdown, groundwater extraction pumps. These pumps are set
approximately 1.5 feet from the bottom of the well to maximize the ability to dewater the
perched aquifer for SVE operations. Pumps automatically activate when the water level
rises to above the pump and deactivate when the water is lowered to the top of the pump.
The perched aquifer must be dewatered by pumping for SVE operations to be optimized in
each of the active SVE headers. Figures 3a through 3h show the cumulative weekly volume
of water extracted from perched aquifer wells since system startup, and the water column
height for perched aquifer wells within selected SVE headers and surrounding perched
aquifer monitoring wells. A review of these figures suggests that during the drier months of
the year (late spring, summer and fall months), groundwater extraction operations have
generally been effective at wells where dedicated pumps could be installed within about
two feet of total well depth. However, the capacity of the extraction system to keep the
perched aquifer dewatered appears to be reduced during, and after, large rainfall events
during the wetter winter months of December and January. As shown in Figure 3a, in
response to large rainfall events in December 2008 through February 2009, the total volume
extracted from perched aquifer wells increased two to three times over normal extraction
volumes, and water levels in some wells remain elevated until mid- to late March even with
D-4
ES032510143353BAO\100890004
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
increased extraction volumes (Figures 3a through 3h). Perched groundwater extraction
volumes fluctuate significantly in response to seasonal precipitation changes, but on average
the perched extraction wells removed about 15,000 to 35,000 gallons per week (Colder,
2010). As of December 31, 2009 a total of approximately 1.7 million gallons have been
extracted from the perched aquifer since system startup on June 18, 2008 (Zimmerman,
2010).
The elevated water levels in the SVE wells during wet months cause water to be drawn into
the SVE wells, reducing effective operation of the SVE system. The effectiveness of the SVE
system is further reduced when perched aquifer water levels are elevated because this
would also lead to elevated soil moisture and reduced soil permeability throughout the
perched aquifer.
In 2008, as part of the perched aquifer remedy, a vegetative soil cover was installed over the
entire perched aquifer source area to reduce infiltration to the perched aquifer. A
stormwater control system was also installed to divert runoff to drainage channels around
the perched aquifer. These measures function well at reducing recharge during most times
of the year with normal rainfall, but do not appear to be fully effective at preventing rapid
infiltration of rainwater during large winter storms that may see tens of inches of rain over
short time periods (see following section). Additionally, there may be increased recharge
from upgradient areas of the perched aquifer to the west that are unaffected by the
vegetated cover and stormwater controls during wetter periods.
Evaluation of Perched Aquifer Groundwater COC Data
The evaluation of long-term trends in perched aquifer groundwater COC concentrations is
complicated by the limited number of wells with sufficient water for sampling that results
from the dewatering of the perched aquifer. Since June 2008, the operation of automatic
groundwater extraction pumps in 21 perched aquifer wells has resulted in a significant
reduction in the amount, and areal extent, of perched groundwater. Accordingly, during the
latter part of 2008 and throughout the third quarter 2009, perched groundwater samples
could not be collected from several of the dual-extraction wells due to limited water levels
in these wells. During 2009, the groundwater extraction system was shut down for at least
24 hours prior to quarterly sampling; however, typically only 10 to 15 perched aquifer
monitoring and extraction wells recharged sufficiently to contain enough water for
sampling (Golder, 2009d-g). During future perched groundwater sampling rounds the SVE
system will be deactivated for two days and active groundwater pumping will be
discontinued for one to two days prior to sampling. This should permit the sampling of a
greater number of perched wells by allowing the wells to recharge sufficiently to permit
sample collection (Golder, 2009d).
Table 2 presents the cumulative COC concentrations for perched aquifer wells through July
2009. The concentrations of EDB and DBCP in the perched aquifer reported through the
third quarter 2009 are presented on Figure 4. A review of Table 2, Figure 4 and COC
concentration trend graphs from Appendix C of the First, Second and Third Quarter 2009
Perched Groundwater Remedial Action Reports (Golder 2009d-g) illustrates that the
concentrations of COCs in the perched aquifer generally decreased shortly after the start of
remedial actions in 2004 (for wells completed by this date), with periodic COC spikes since
the startup of remedial activities. After the initial decline in concentrations COC
ES032510143353BAO\100890004
D-5
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
concentrations have generally remained steady, with some wells indicating slight increasing
trends, while others demonstrate slight decreasing trends. Many wells saw higher than
normal concentrations in the first sampling event in 2008 after full-scale treatment
commenced; however, subsequent sampling results returned to historical ranges.
Evaluation of Soil Vapor Extraction Data
This section presents a brief summary and evaluation of the SVE operational data, and SVE
offgas sampling concentrations and mass removal.
SVE Operations
The Compliance Monitoring Plan (CMP; Golder, 2009c) calls for monthly SVE vacuum and
flow measurements as summarized in Table 1; however, as of the Third Quarter 2009 these
measurements were being recorded at least weekly. The greater monitoring frequency
permits a more detailed evaluation of the variability in the SVE parameters (vacuum and
flow rate). SVE has operated almost continuously since startup. The SVE system has
typically been operated within the tolerances described in the CMP. The SVE system has
typically operated within the following ranges since startup (Golder, 2009d-g):
• The total system flow is generally about 250 standard cubic feet per minute (scfm).
• The 40 horsepower (HP) and 10 HP vacuum blowers are typically operated at vacuums
of 13.5 to 16, and 12.5 to 14.5 inches of mercury (in Hg) to meet the total system vacuum
requirement of 15 in Hg.
• The vacuum within each header generally ranges from 6 to 9.5 in Hg.
At some wells and headers, short-circuiting from surface soils, or higher localized
permeabilities, have resulted in the need to shut off a well or two within the header to
achieve the desired system vacuum of 15 in Hg. This has generally been offset by the greater
radius of influence from adjacent SVE wells in operation; however, greater mass removal
would be expected with if the shut-off wells were in use. Currently the 10-HP and 40-HP
blowers are working in tandem and the desired system vacuum becomes less than 15 in Hg
when five or less of the nine headers are in operation. At header 3, the system vacuum is at
full operational capacity when only the wells in header 3 are online. This is believed to be
the result of relatively highly permeable fill material placed in the area of the former
excavation pit. During the RI it was noted that most of the contaminant mass in this header
is at the base of the perched aquifer that is not dewatered (approximately 100 ft bgs), so SVE
probably would have limited success in this area.
Vacuum readings collected through October 2009 at each of the active SVE wells and
surrounding wells indicate that the SVE system is achieving inward pressure gradients
throughout each of the active treatment areas (headers) and slightly beyond. Overall, the
SVE system is operating in accordance with its design.
SVE Off-Gas Sampling and Total Mass Removal
The performance objectives for the SVE system specified in the ROD are removal of COC
mass from the perched aquifer source zone soils by exerting an inward pressure gradient
across the source area. The SVE system was expected to operate until source area COCs
masses for EDB and DCP have been reduced by 75% and DBCP mass has been reduced by
95%. This is intended to reduce these COCs in the source area such that they no longer cause
D-6
ES032510143353BAO\100890004
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
exceedances of MCLs in the basal aquifer (note that DCP currently does not, and has not
historically exceeded the MCL in the basal aquifer).
SVE off-gas samples are collected from each operational header to indicate the relative
contribution of COCs from different areas of the site. This information permits targeting of
higher concentration areas to optimize removal efficiency. The SVE off-gas concentration
graphs are prepared and reported quarterly in the Quarterly Perched Aquifer Remedial Action
Reports (Colder, 2009d-g) to determine when COC concentrations have diminished
significantly to warrant cycling to the next well group(s) and allow for diffusive recovery to
occur.
The full-scale SVE system underwent startup and shakedown testing in June 2008. Because
the perched aquifer had been substantially dewatered in the vicinity of headers 5, 6, 7, 8,
and 9, SVE at these headers was activated first. Figure 5 summarizes the concentrations of
the primary COCs and total organic carbon (TOC) removed by each header from system
startup through December 15, 2009. While there is uncertainty in concentration trends given
the frequency of sample collection, meeting mass removal goals in the ROD is directly
dependent upon an adequate understanding of where the SVE system is removing the
greatest mass from perched soils. A review of Figure 5 reveals the following observations
for the first year and a half of SVE operations (header well groups presented on Figure 2).
1. Headers 5, 6, 7, 8, and 9 were brought online in June 2008 (through March '09).
- Header 5 had the greatest concentrations of EDB and DBCP measured throughout all
of the SVE headers over the first 1.5 years of operation.
- Initial concentrations of all EDB and DBCP at headers 6, 7, 8, and 9 were much lower
than header 5.
- COC concentrations at all headers generally decreased after the first 2-3 months of
operation, except for headers 6 and 9, where EDB and DBCP concentrations
increased after their initial decline.
2. Headers 1, 2, and 4 were brought online in March 2009 (through September '09).
- Header 2 concentrations of 1, 2-DCP were the greatest observed over the first 1.5
years of operation.
- EDB and DBCP concentrations were moderate at header 2 initially before declining
to near detection limits.
- COC concentrations at headers 1 and 4 were low throughout the 6-month period of
operation.
3. Header 3 SVE wells, which are predominantly completed in the higher permeability fill
material in the former excavation pit, were brought online for a 1-month trial period in
September 2009. Header 3 cannot be operated concurrently with any other headers or
the system vacuum falls substantially below 15 in Hg. 1, 2-DCP concentrations were
greater than those at most other headers, while EDB and DBCP concentrations were
similar to those at other headers.
ES032510143353BAO\100890004
D-7
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
4. Headers 5, 6, and 7 were brought back online after a 7-month recovery period in October
2009 with header 1, which has been in operation since March 2009.
- Concentrations of 1, 2-DCP, EDB and DBCP in headers 5, 6, and 7 were by and large
similar to the concentrations observed during system startup in June 2008.
- It is too soon to assess how long these concentrations will take to begin declining:
however, the observed rebound in COC concentrations indicates that diffusive
recovery is occurring.
Figure 6 summarizes the total COC and TOC mass removed by the SVE system through
December 2009 for 1, 2-DCP, DBCP, and EDB, calculated from the combined off-gas sample
results and recorded flow rates. The mass calculations are interpolated between measuring
points on a daily frequency and assume a linear regression. Non-detected values are entered
at one-half the detection limit. A review of Figure 6 reveals the following trends:
• During initial operation of headers 5, 6, 7, 8, and 9, mass removals were highest during
the first 100 days before concentrations declined.
• Mass removal from headers 1, 2, and 4 was generally low throughout 6 months of
operation.
• Mass removal from header 3 was low during 1 month of operation.
• Mass removal rates from headers 1, 5, 6, and 7, upon reactivation, began to increase at a
similar rate to that observed during the initial startup of headers 5, 6, 7, 8, and 9.
Based upon RI and post-RI soil data obtained from the 2008 installation of additional
monitoring wells MW-22, MW-23, and MW-24, the mass of EDB, DBCP, and 1, 2-DCP in
perched aquifer soils was estimated and presented in a Technical Memorandum (Golder,
2008). The approximate estimated COC masses before SVE startup, and COC masses
removed by SVE after 1.5 years of operations through December 15, 2009, are:
• EDB: Initial estimate - 11 kilograms (kg); SVE mass removed - 0.26 kg
• DBCP: Initial estimate - 35 kg; SVE mass removed - 0.64 kg
• 1,2-DCP: Initial estimate - 26 kg; SVE mass removed - 17.5 kg
These data (and Figure 6) indicate the SVE system is moderately effective at removing 1, 2-
DCP mass from the perched aquifer soils, but that negligible mass recovery of DBCP and
EDB has occurred in the first year and a half of SVE operations. Based upon current removal
rates, DCP removal should attain the 75% mass reduction cleanup goal within the next year;
however, given the low mass removal rates for DBCP and EDB achieved through the 4th
quarter 2009, it may be impracticable to remove these COCs to their mass reduction cleanup
goals (95% and 75%, respectively).
SVE off-gas data collected through the fourth quarter 2009 indicate that operation of the SVE
system in most headers for greater than two to three months generally results in mass
recoveries approaching asymptotic levels. Additional data are needed to establish whether
more frequent cycling of headers will increase mass removal rates above those observed to
date. During the first year and a half of operations, all of the headers have been operated,
D-8
ES032510143353BAO\100890004
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
but cycling was just implemented during the final couple months of the 5-year review
period.
Evaluation of Basal Aquifer Remedy
This section provides a review of the basal aquifer groundwater monitoring data, and the
Kunia well basal aquifer groundwater extraction system used for the source control portion
of the remedy. The basal aquifer remedy specified in the ROD is phased groundwater
extraction and treatment (starting at the Kunia well), with contingent monitored natural
attenuation. The remedy includes installation of monitoring wells to characterize the source
area and downgradient plume; source control at the Kunia well through groundwater
extraction and treatment; and downgradient plume monitoring to determine if MNA is
effective at reducing COC concentrations to MCLs. The ROD states that if monitoring data
show that MNA is not effective at reducing contaminant concentrations to MCLs within 5
years, additional groundwater extraction will be implemented to ensure that the entire
plume is captured and treated. However, as described in the following subsections, due to
the presence of background COCs throughout the basal aquifer greater than MCLs it is
impracticable to reduce COCs within the basal aquifer to MCLs with groundwater
extraction or MNA.
Evaluation of Basal Aquifer Downgradient Plume
Since 2005, quarterly basal monitoring has been generally been conducted in accordance
with the Final Basal Groundwater Monitoring Plan (Golder, 2003b) and the CMP (Golder,
2009b). Source control with groundwater extraction and treatment were initiated in
September 2005 with completion of the Kunia well treatment system and startup of
continuous pumping from the Kunia well. Basal monitoring well BMW-1 was completed
prior to the RI, while wells BMW-2, BMW-3, and BMW-4 were completed during 2004; wells
BMW-5 and BMW-6 were completed in 2005 and 2007, respectively. Well BMW-6 is a
background well, intended to measure the concentrations of COCs present in the basal
aquifer that are not related to the Del Monte site. State of Hawaii-owned deep monitoring
wells (Department of Land and Natural Resources [DLNR] Mauka and Middle Deep wells)
are also used for the monitoring program. Finally, data from Hawaii Department of Health
(HDOH) sampling of the Hawaii Country Club (HCC) well were also evaluated, until
HDOH stopped sampling this well after February 2008 (Golder, 2009b).
Figure 7 presents the basal aquifer monitoring network and basal groundwater elevations
from October 2008. Groundwater contours indicate that the regional gradient is southerly,
and this has been consistent throughout the remedial actions. Prior to completion of
monitoring wells BMW-3 and BMW-4 in 2004, it was believed that the sea-level contact
between the Ewa-Kunia (Waianae) and Waiawa-Waipahu (Koolau) aquifer systems lay to
the east of the Kunia well. However, water level data from these wells demonstrated that
the contact lies to the west of the Kunia well as shown in Figure 7.
In the course of evaluating the extent of the basal aquifer plume and data from background
well BMW-6, data consistently indicated that a background source of COCs is present
within the Waiawa-Waipahu Aquifer related to intensive historical application of fumigants
at pineapple farms located throughout the central Oahu plateau. An assessment of these
data was presented in the Three-Year Cumulative Basal Groundwater Monitoring Report
ES032510143353BAO\100890004
D-9
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
(Colder, 2009b), and in the Evaluation of Background Concentrations of Contaminants of Concern
in the Basal Aquifer (Background Report) (Colder, 2009a). The Background Report concluded
that multiple lines of evidence indicate that most (approximately 95%) of the COCs
currently observed in the basal aquifer beneath the perched aquifer source area (Kunia well,
BMW-1 and BMW-2) are from widespread regional application of these COCs on
agricultural fields and not directly related to the Del Monte site. The Background Report
analysis also indicated that prior to remedial actions including extracting perched
groundwater starting in 1998, a larger percentage (30 to 50%) of the COCs observed in the
basal aquifer source area originated from the Del Monte site. This trend is evident in the
COC concentration trend plots presented in the next section.
Figure 8 presents COC results for monitoring wells installed within the Koolau Basalts
(Kunia well, BMW-1, BMW-2, BMW-4, BMW-5, and BMW-6). COCs are not detected in
monitoring wells screened in the Waianae Basalts (BMW-3 and the DLNR Ewa-Kunia
Middle Deep Well); therefore these data were not included in the COC trend plots. The
DLNR Mauka Deep Monitoring Well, which is an open borehole believed to be in hydraulic
communication with both the Waianae and the Koolau basalt aquifers, has detectable
concentrations of COCs, but at lower concentrations than observed in wells screened
entirely in the Koolau basalts. As a result, this well was not included in this evaluation.
As shown on Figure 7, Kunia well, BMW-1 and BMW-2 are completed within or near the
KVSA, whereas wells BMW-4, BMW-5 and BMW-6 are located long distances downgradient
or cross-gradient of the Kunia source area. A review of Figure 8 (and Golder 2009b)
indicates the following:
• The concentrations of EDB and DBCP detected in the Kunia well and BMW-1 decreased
from 1997 to 2005, presumably due to the startup of perched aquifer groundwater
extraction. From 1997 through 1999 the concentrations of EDB and DBCP in the Kunia
well and BMW-1 averaged 0.16 (ig/L and 0.77 (ig/L, respectively, while during 2005, the
concentrations of EDB and DBCP in the Kunia well and BMW-1 averaged 0.05 (ig/L and
0.39 (ig/L, respectively.
• Concentrations of EDB have remained consistent since 2005, while concentrations of
DBCP have been slightly increasing in the Kunia well and BMW-2.
• Concentrations of 1, 2-DCP have remained consistent since 2005.
• Concentrations of 1, 2, 3-TCP, which is nearly absent in the perched aquifer source area,
increased in many of the basal wells during 2006, but has shown a general decline since
2007. These data provide further evidence that the Kunia well is capturing COCs not
originating from the perched aquifer source area, because 1, 2, 3-TCP concentrations are
low or absent in perched aquifer wells.
• Concentrations of EDB and 1,2-DCP in BMW-1, BMW-2, and the Kunia well are
generally similar to the COC concentrations in BMW-4, BMW-5 and BMW-6, located
long distances downgradient or cross-gradient of the Kunia source area, providing
evidence for background concentrations of the COCs that are present in the KVSA.
D-10
ES032510143353BAO\100890004
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
Evaluation of Basal Aquifer Source Area Groundwater Extraction
Remedial actions in the basal aquifer began in September 2005. Figure 8 presents the
analytical results for samples collected from the Kunia well since the start of extraction
pumping. From September 2005 to October 1, 2008, the system had operated for 21,160
hours and treated approximately 914 million gallons of water. The average of the detected
COC concentrations for the Kunia well samples were: 0.045 (ig/L EDB; 0.39 (ig/L DBCP;
and 1.4 (ig/L 1, 2, 3-TCP (Colder, 2009b). Non-detected values were not included in the
average calculation. Using these average COC concentrations and the total volume of water
extracted from the Kunia well, the resulting total mass of COCs removed is estimated to be:
0.15 kg of EDB; 1.35 kg of DBCP; and 4.85 kg of 1,2,3-TCP (Golder, 2009b). In comparison,
the amount of DBCP estimated to be present in a square mile of the basal aquifer, assuming
a uniform concentration of 0.25 (ig/L, is less than 4.5 kg or less than 1 gallon (Golder, 2009a).
Pumping tests and capture zone analysis were conducted during startup of the Kunia well
in 2005 (Golder, 2007). The capture zone analysis indicated that the Kunia well extraction
system captures COCs that originate from the basal aquifer source area. The capture zone
analysis also indicated that reductions in COC concentrations from the pump and treat
activities would be observed in a relatively short time in groundwater monitoring wells
located in the source area (e.g., BMW-1 and BMW-2), and that basal groundwater extraction
from the Kunia well would take longer to affect groundwater quality at BMW-4, located
3,500 feet downgradient of the Kunia well. The estimated basal groundwater travel time to
BMW-4 is about two to three years. COCs have generally remained consistent in the Kunia
extraction well source area and cross-gradient wells since pumping began, providing
further evidence for the predominant background contribution of COC concentrations.
Available data indicate that perched aquifer groundwater extraction reduced concentrations
of COCs in the basal aquifer from 1999 to 2005. Because background levels of COCs now
dominate concentrations in the basal aquifer, the effects of the Kunia well pump and treat
system since startup in 2005 appear to be minimal. Continued remedial actions in the
perched and basal aquifers are unlikely to reduce total COC concentrations to or below
MCLs, because background levels of COCs in the basal aquifer are above MCLs.
Summary and Conclusions
The conclusions resulting from the data review are summarized as follows:
Perched Aquifer Remediation System
• Automatic groundwater extraction pumps in the perched aquifer wells, in combination
with the vegetated cover and stormwater diversion system, have been effective at
dewatering the perched aquifer during times with normal rainfall but may become
temporarily overwhelmed during long winter rainfall events, due to a combination of
increased infiltration and possible recharge from upgradient portions of the perched
aquifer.
• In the RI and subsequent investigations, elevated COCs were present in the deepest
portion of the aquifer, at the base of the saprolites where the perched aquifer wells are
completed. Although the perched aquifer extraction wells have generally been effective
at dewatering the perched aquifer to the pump levels, there may be considerable mass
ES032510143353BAO\100890004
D-11
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
remaining in the saturated base of the perched aquifer that SVE operations will not be
able to access and remove.
• The SVE portion of the perched aquifer remedial action has not been operated long
enough for a complete evaluation at this time; however, at current mass removal rates,
the SVE system will need to be operated for an extremely long time to significantly
reduce the residual DBCP and EDB COC mass remaining in perched aquifer soils to the
mass reduction goals in the ROD. Mass removal of 1, 2-DCP has been more effective to
date. However, it is noted that 1,2-DCP currently does not exceed, and has not
historically exceeded, the MCL in the basal aquifer
• Given the low mass currently being removed during SVE operations, and the
persistence of elevated COC concentrations in perched aquifer groundwater, continued
operation of the perched aquifer extraction wells may be necessary beyond the period of
operation of the SVE system.
Basal Aquifer Remediation System
• Basal groundwater analytical data presented in the Basal Groundwater and Background
Report presented several lines of evidence indicating that the predominant source of
COCs in the basal aquifer beneath the KVSA, and downgradient plume, is due to the
historic application of soil fumigants containing these COCs for agricultural use.
• Because background levels of COCs in the basal aquifer are currently above MCLs,
remedial actions in the perched and basal aquifers will probably result in limited future
reductions of COC concentrations in the basal aquifer.
• The Kunia well extraction and treatment system has operated steadily with minimal
interruptions since startup in 2005. Pumping the Kunia well at the design flow of 750 -
1,000 gpm is effectively capturing COCs throughout the source area.
• Since 2005, pumping the Kunia well, along with the perched aquifer wells, has resulted
in little discernible change in COC concentrations in the basal aquifer source area (Kunia
well, BMW-1 and BMW-2). It is difficult to estimate the extent that perched aquifer
remediation is currently reducing impacts to the basal aquifer.
• EPA, in its letter to Del Monte dated February 2, 2006, stated that a Technical
Impracticability (TI) Waiver may be appropriate to waive the applicable or relevant and
appropriate requirements (ARARs) of cleaning up the basal aquifer to MCLs if
background levels of COCs are above MCLs. If EPA determines, based on the
background report, that a TI waiver is appropriate, EPA may develop background
concentrations for COCs and write an amendment to the Record of Decision. The ROD
amendment would change one or more of the groundwater remedial goals to
background levels or other levels that the EPA determines are appropriate based on the
technical impracticability of cleaning up to MCLs.
D-12
ES032510143353BAO\100890004
-------
DATA REVIEW MEMORANDUM FOR THE DEL MONTE CORPORATION (OAHU PLANTATION) SUPERFUND SITE, KUNIA, HAWAII, 5-YEAR REVIEW
Works Cited
Golder Associates Inc. 1998. Remedial Investigation Report for the Del Monte Corporation (Oahu
Plantation) Superfund Site. Golder Associates Inc. Redmond, VVA, November.
Golder Associates Inc. 2003a. Feasibility Study Report for the Del Monte Corporation (Oahu
Plantation) Superfund Site. Golder Associates Inc. Redmond, WA.
Golder Associates Inc. 2003b. Final Basal Groundwater Monitoring Plan, Del Monte Corporation
(Oahu Plantation) Superfund Site. Golder Associates Inc. Redmond, WA. December 5.
Golder Associates Inc. 2007. Capture Zone Analysis Report from the Kunia Well Basal
Groundwater Extraction, Del Monte Corporation (Oahu Plantation) Superfund Site. Golder
Associates Inc. Redmond, WA. February 9.
Golder Associates Inc. 2008. Approximate Mass ofCOCs in the Perched Aquifer Source Area. Del
Monte Corporation (Oahu Plantation) Superfund Site. Golder Associates Inc. Redmond,
WA. June 4.
Golder Associates Inc. 2009a. Report on Evaluation of Background Concentrations of
Contaminants of Concern in the Basal Aquifer, Del Monte Corporation (Oahu Plantation)
Superfund Site, Kunia, Hawaii. July 28.
Golder Associates Inc. 2009b. Three Year Cumulative Basal Groundwater Monitoring Report Del
Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii. July 29.
Golder Associates Inc. 2009c. Compliance Monitoring Plan. Del Monte Corporation (Oahu
Plantation) Superfund Site, CERCLIS ID HID980637631, Kunia, Hawaii. July 9.
Golder Associates Inc. 2009d. Third Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii.
November 18.
Golder Associates Inc. 2009e. Fourth Quarter 2008 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii.
February 6.
Golder Associates Inc. 2009f. First Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii. May 5.
Golder Associates Inc. 2009g. Second Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii. July 31.
Golder Associates Inc. 2010. Fourth Quarter 2009 Perched Groundwater Remediation Action
Report. Del Monte Corporation (Oahu Plantation) Superfund Site, Kunia, Hawaii. January
22.
U.S. Environmental Protection Agency (EPA). 2003. Record of Decision - Del Monte
Corporation Oahu Plantation Superfund Site - Kunia, Hawaii. Region IX - San Francisco,
California. September.
Zimmerman, Gary. 2010. Personal Communication. Email from Gary Zimmerman/Golder
Associates to Jeff Cotter/CH2M HILL. January 5.
ES032510143353BAO\100890004
D-13
-------
TABLE 1
Types of Monitoring Data Collected
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
Unit Designation
Description
Monitoring Network
Monitoring Schedule
Monitoring Analysis
(Chemicals)
Report / Frequency of Data Collection
Basal Aquifer Monitoring and Kunia Well Treatment System
Groundwater levels
Groundwater elevations are collected at eight
(8) wells in the basal aquifer monitoring
network. Data are used to prepare a
potentiometric map that depicts the regional
groundwater flow direction in the Ewa-Kunia
and Waiawa-Waipahu aquifers.
BMW-1 through BMW-6, Department of Natural
Resources (DNLR) Mauka Deep Monitoring well,
and Ewa-Kunia deep well.
Quarterly as described in the
Compliance Monitoring Plan (CMP)
None
Basal Groundwater Monitoring Reports
(Quarterly, and 3-year Cumulative)
Groundwater Monitoring
Groundwater samples are regularly collected
at 9 wells, including the Kunia pumping well.
Samples at the Kunia Well Treatment System
(KWTS) are collected of: 1) influent water
from the Kunia well, 2) water after treatment
by air stripping, and 3) after the carbon
treatment unit.
Kunia well, wells BMW-1 through BMW-6. DNLR
Mauka Deep and DLNR Ewa-Kunia Middle Deep
wells. The Hawaii Country Club (HCC) well was
sampled periodically by the Hawaii Dept. of
Health until Sept. 2008, when sampling was
discontinued.
Quarterly for non-pumping wells,
Monthly performance monitoring for the
Kunia well as described in the CMP.
Volatile Organic
Compounds (VOCs) by
EPA method 8260B, and
EDB and DBCP by EPA
Method 504.1.
Basal Groundwater Monitoring Reports
(Quarterly, and 3-year Cumulative)
Perched Aquifer Treatment System
Vegetative Cover and Storm Water Control
System
A vegetative soil cover was constructed over
the perched aquifer source area to reduce
rainfall infiltration through the perched aquifer
source area, and potential recharge to the
basal aquifer. Surface grading and storm
water controls were implemented to mitigate
standing water that may accumulate on the
vegetative soil cover. The cover was
established between August and October
2008, and required irrigation over this time.
Since October 2008 irrigation of the cover
has not been conducted.
Perched aquifer source area. Stormwater
diversion channel installed topographically
upslope from the source area to intercept and
divert runoff around the soil cover area.
Weekly and after large rainfall events by
visual observation as described in the
CMP.
None
Perched Groundwater Remedial Action
Reports (Quarterly)
Soil Vapor Extraction (SVE) System Monitoring
The SVE system was designed and installed
to induce a vacuum on deeper soil throughout
the perched aquifer source area. The SVE
system consists of 30 SVE only wells, and 19
dual SVE/ groundwater extraction wells. The
effectiveness of the SVE system is enhanced
through keeping the perched aquifer
dewatered with groundwater extraction wells.
SVE and dual wells are grouped into nine
spatially distinct areas (headers) and
connected to a central manifold such that any
one or all of the nine headers may be in
operation at any given time, however
currently the vacuum blower only has the
capacity to operate up to 5 headers
concurrently. Soil gas samples to monitor
VOC mass removal are collected regularly
from each header along with the system
vacuums and flow rates.
The SVE system has been built with nine
"headers" grouping a total of 49 dual extraction
and SVE-only wells (Figure 2).
As described in the CMP, collection of
off-gas SVE samples at 24 hours, 1-
week, and monthly after each header is
activated. Sample collection frequency
may increase if monthly data indicate
mass removal is stable. Quarterly
sampling of air following carbon offgas
treatment.
Weekly O&M measurements of the SVE
system performance, SVE wells and
flow measurements. Including:
• Total air flow parameters from the
SVE manifold
• Vacuum readings measured from
each blower (10-HP and 40-HP)
• Vacuum readings measured from
each operational header
• Vacuum readings measured from
each active well and surrounding
Total non-methane
organic compounds
(TNMOC) by EPA
Method TO-12 and EDB,
DBCP, 1,2-DCP, and
trichloropropane (TCP)
by EPA Method TO-15
Perched Groundwater Remedial Action
Reports (Quarterly)
-------
TABLE 1
Types of Monitoring Data Collected
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
Unit Designation
Description
Monitoring Network
Monitoring Schedule
Monitoring Analysis
(Chemicals)
Report / Frequency of Data Collection
in-active wells
Perched Groundwater levels and groundwater
extraction volumes
Automated groundwater extraction pumps are
installed into 21 wells in the perched aquifer
source area. Once sufficient water has
collected over the pump, the pump
automatically turns on and runs until the well
has been dewatered down to the pump.
Pumps are typically installed near the bottom
of extraction wells.
All monitoring and extraction wells in the
perched aquifer (that are not dry), including dual
wells and groundwater-only extraction wells. All
extraction wells are fitted with totalizers that
record extracted groundwater volumes.
Water levels and extracted groundwater
volumes are measured in active
perched groundwater wells on a weekly
basis. Water levels in all site wells are
measured monthly and quarterly during
perched groundwater monitoring
events.
None.
Perched Groundwater Remedial Action
Reports (Quarterly)
Perched Groundwater Monitoring
Groundwater samples are collected from
perched aquifer monitoring wells and dual
extraction wells that contain sufficient water
for sampling, on a quarterly basis. Currently,
groundwater extraction pumps are turned off
at least 48-hours prior to sampling to allow
wells to recharge to facilitate sampling.
Extracted perched groundwater is stored in
the White Tank and primarily treated at the
KWTS. About once a week some perched
water is discharged to the Phytoremediation
system to keep the plants healthy.
All perched aquifer wells that have not been
converted to SVE-only wells that have not been
effectively dewatered by pumping activities.
Collection of treatment samples from the KWTS
is covered under monthly performance
monitoring discussed above.. The
phytoremediation system is also sampled
periodically as described in the CMP.
• Collection of groundwater samples
from wells that are actively pumped
• Collection of groundwater samples
from wells that contain enough
water to permit sample collection,
• Collection of samples from the
"white tank" discharge (tank holding
perched water before treatment)
• Collection of samples from the
KWTS
VOCs by EPA method
8260B, and EDB and
DBCP by EPA Method
504.1.
Perched Groundwater Remedial Action
Reports (Quarterly)
Phytoremediation Treatment System
Extracted perched groundwater is periodically
applied through a drip irrigation system to the
lined Phytoremediation system. Water is
treated through evapotranspiration by Koa
Haole trees. Excess water is collected in
sumps and reapplied to the system in a
closed-loop fashion.
As described in the CMP, performance
monitoring is conducted quarterly on batch water
collected from the White Tank, as well as water
collected in the Phytoremediation sumps.
• Quarterly collection of samples
from the White Tank and
phytoremediation cell sumps.
VOCs by EPA method
8260B, and EDB and
DBCP by EPA Method
504.1.
Perched Groundwater Remedial Action
Reports (Quarterly)
-------
November 18, 2009
PAGE 1 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(Hg/L)
1,2-DCP
(Hg/L)
Comments
EW-40
SVE
7/10/2008
Dry
Dry
Dry
10/21/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
1/20/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
EW-41
Dual
7/10/2008
0.55
1.0U
3.2
10/21/2008
0.43 J
0.69 J
3.3
1/20/2009
0.16 J
1 U
1.7
4/14/2009
0.1 J
1 U
1.4
7/14/2009
0.5 U
1 u
1.5
EW-42
Dual
7/10/2008
36
23
180
10/21/2008
5.2
4.6
67
1/20/2009
11
15
250
4/14/2009
1.7
1.6
18
7/14/2009
3.9
3.9
40
HW-3
GW Only
2/10/1999
0.50 U
1.0U
2.93
6/4/1999
0.102 UJ
1.0U
2.84 UJ
7/27/1999
0.06 UJ
1.0U
2.47
1/31/2000
0.193/0.05
1U/0.01U
2.93
7/5/2000
0.5 U
1.0U
3.08
11/8/2000
0.5 U
1.0U
3.67
1/22/2001
0.5 U
1.0U
3.06
6/11/2001
0.5U/0.02U
1U/0.01U
2.2
2/10/2004
0.50 U
1.0U
1.6
6/7/2005
0.50 U
1.0U
0.81 J
9/20/2005
0.50 U
1.0U
1.0U
4/11/2006
0.50 U
1.0U
1.1
7/11/2006
0.50 U
1.0U
1.1
9/19/2006
0.50 U
1.0U
0.91
1/9/2007
0.50 U
1.0U
1.4
3/20/2007
0.50 U
0.37 J
1.3
6/19/2007
0.5 U
1.0U
1.4
9/18/2007
0.50 U
1.0U
1.6
1/8/2008
0.50 U
1.0U
1.1
1/20/2009
0.50 U
1.0U
0.76 J
7/10/2008
0.50 U
1.0U
1.3
10/21/2008
0.50 U
1.0U
0.88 U
4/14/2009
0.5 U
1 u
1.2
7/14/2009
0.5 U
1 u
1.1
HW-9
GW Only
12/15/1997
0.02 U
0.031
0.5 U
1/12/1998
0.02 U
0.02 U
1 U
5/13/1998
0.39
0.01 J
0.68
7/28/1998
0.84
0.1
1.48
2/9/1999
0.09 UJ
1 u
0.937 UJ
6/4/1999
0.5 U
1 u
1.34
7/27/1999
1.34
1 u
2.34
1/31/2000
2.14/1.85
1 U/0.013
4.79
7/5/2000
7.41
1 u
4.82
11/8/2000
Dry
Dry
Dry
1/22/2001
Dry
Dry
Dry
6/11/2001
Dry
Dry
Dry
Well decomissioned in February 2008.
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 2 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(jug/L)
1,2-DCP
(|ig/L)
Comments
2/9/1999
451 J
355 J
3790 J
5/3/1999
Dry Dry
Dry
7/27/1999
Dry Dry
Dry
1/31/2000
Dry Dry
Dry
7/5/2000
Dry Dry Dry
11/8/2000
Dry Dry Dry
1/22/2001
Dry Dry Dry
GW Only
6/11/2001
Dry Dry Dry
2/10/2004
190
4400
7200
EW-4
6/7/2005
120
1100
3000
9/20/2005
270
900
2000
12/13/2005
Dry
Dry
Dry
4/11/2006
30
770 J
1900
6/19/2007
Dry
Dry
Dry
9/18/2007
Dry
Dry
Dry
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
SVE
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
Dry for remainder of 2009
GW Only
< Jan 2008
Well contained insufficient water for sampli
ng during sampling periods prior to October 2008.
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
EW-5
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
SVE
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
Dry for remainder of 2009
2/9/1999
40 UJ
683
4580
5/3/1999
46.7 UJ
518
6520
7/27/1999
40.3 UJ
259
6690
7/5/2000
250 U
500 U
7340
GW Only
11/8/2000
Dry Dry Dry
1/22/2001
Dry Dry Dry
6/11/2001
Dry Dry Dry
EW-6
6/7/2005
Disconnected
Disconnected
Disconnected
6/19/2007
dry
dry
dry
9/18/2007
Dry
Dry
Dry
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
SVE
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
Dry for remainder 2009
EW-7
SVE
Well contained insufficient water for sampling during sampling periods prior to October
2008.
Sealed for SVE, see note 3.
EW-8
SVE
Well contained insufficient water for sampling during sampling periods prior to October
2008.
Sealed for SVE, see note 3.
2/9/1999
19.4 J
5.6 J
17.1 J
5/3/1999
11.9
4
19.9
7/27/1999
27.5
12.9
55.8
1/31/2000
25.6/23.6
9.4/9.15
34.1
7/5/2000
20.3
8.93
35.9
11/8/2000
49.1
29
119
1/22/2001
48
28
119
6/11/2001
36/20
17/11
110
2/10/2004
11
6.8
27
EW-9
GW Only
6/7/2005
0.39 J
1.0U
3.2
9/20/2005
0.51
0.53 J
5
12/13/2005
0.71
0.81 J
7.4
4/11/2006
0.50 U
1.0U
2
7/10/2006
0.96
1.5
13
9/19/2006
1.3
1.8
19
1/9/2007
1.9
1.4
18
3/20/2007
2.2
0.5 J
18
6/19/2007
2.6
1 U
21
9/18/2007
4.6
1.3
29
Vre Table Cl,^
1/8/2008
5.1
1.9
33
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_FA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 3 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
WeSS
Well Type
Sample
Date
EDB
(jig/L)
DBCP
(fg/L)
1,2-DCP
(Mg/L)
Comments
EW-9
(con't)
Dual
7/10/2008
NS
NS
NS
Water level below pump intake.
10/21/2008
NS
NS
NS
Water level below pump intake.
1/20/2009
NS
NS
NS
Water level below pump intake.
4/14/2009
NS
NS
NS
Insufficient water to collect sample
7/14/2009
NS
NS
NS
Insufficient water to collect sample
EW-10
GW Only
2/9/1999
116 J
32.1 J
102 J
5/3/1999
336
97
547
7/27/1999
201
101
789
1/31/2000
478/384
176/133
622
7/5/2000
109
77.1
910
11/8/2000
25 U
50 U
1220
1/22/2001
25 U
50 U
1170
6/11/2001
25U / 0.02U
50U/0.01U
980
2/10/2004
16
29
86
6/7/2005
0.43 J
2.4
5.5
9/20/2005
0.35 J
1.0U
4.5
12/13/2005
9.1
6
52
4/11/2006
1
1.0U
9.5
7/10/2006
17
13
99
9/19/2006
31
28
190
1/9/2007
51
54
340
3/20/2007
2.5 U
5 U
310
6/19/2007
30
31
320
9/18/2007
9.7
13
450
1/8/2008
18
18
320
Dual
7/10/2008
39
38
240
10/21/2008
22
26
190
1/20/2009
0.5 U
0.68 J
0.48 J
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
EW-11
GW Only
2/9/1999
0.18 UJ
0.51 UJ
4.5 J
5/3/1999
0.75
1 U
3.41
7/27/1999
Dry
Dry
Dry
1/31/2000
Dry
Dry
Dry
7/5/2000
Dry
Dry
Dry
11/8/2000
Dry
Dry
Dry
1/22/2001
Dry
Dry
Dry
6/11/2001
Dry
Dry
Dry
6/7/2005
0.50 U
0.80 J
1.1
9/20/2005
0.50 U
1.0U
1.2
12/13/2005
0.50 U
1.0U
1.8
4/11/2006
0.50 U
1.0U
1.2
7/10/2006
0.30 J
1.0U
2.8
9/19/2006
0.24 J
1.0U
2.6
1/9/2007
0.17 J
1.0U
2.8
3/20/2007
0.5 U
1.0U
2.6
6/19/2007
dry
dry
dry
Well was dry during the September 2007 period
1/8/2008
0.50 U
9.1
2
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
Dry for remainder 2009
EW-12
GW Only
2/9/1999
54.1 UJ
3160
11600
5/3/1999
149 UJ
5750
26200
7/27/1999
128 UJ
4520
25500
7/5/2000
500 U
1000U
23900
11/8/2000
Dry
Dry
Dry
1/22/2001
Dry
Dry
Dry
6/11/2001
Dry
Dry
Dry
Well contained insufficient water for sampling during subseq
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_FA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 4 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(|ig/L)
1,2-DCP
(jug/L)
Comments
11/8/2000
26.8
11.6
61.4
1/22/2001
19.9
12.9
53.6
6/11/2001
16/19
9.6/11
55
2/10/2004
1.6
1.0U
4.6
6/7/2005
0.43 J
0.67 J
1.4
9/20/2005
0.71
1.0U
2.2
12/13/2005
4.7
1.3
8.5
GW Only
4/11/2006
0.61
1.0U
2.8
7/10/2006
6.6
1.6
16
9/19/2006
4.0
0.89
11
EW-13
1/9/2007
29
7.2
63
3/20/2007
37
9.3
79
6/19/2007
46
15
80
9/18/2007
44
14
87
1/8/2008
38
11
63
7/10/2008
48
15
66
10/21/2008
9.1
3.7
27
Dual
1/20/2009
0.26 J
1 U
3.7
4/14/2009
24
7.7
49
7/14/2009
NS
NS
NS
Insufficient water to activate pump
11/8/2000
8.8
3.9
46.7
1/22/2001
10.8
5.68
53.4
6/11/2001
17/17
6.9/6.8
54
2/10/2004
1.5
1.0U
6.8
6/7/2005
0.58
0.64 J
1.9
9/20/2005
0.65
1.0U
2.4
12/13/2005
0.9
1.0U
3.5
GW Only
4/11/2006
0.50 U
1.0U
2.8
7/11/2006
0.7
1.0U
3.0
9/19/2006
1.1
1.0U
4.0
EW-14
1/9/2007
0.50 U
1.0U
2.1
3/20/2007
0.84
0.23 J
2.8
6/19/2007
0.72
1 U
3.5
9/18/2007
0.9
1 U
4.6
1/8/2008
0.79
1.0U
3.6
7/10/2008
Dry
Dry
Dry
10/21/2008
0.38 J
1U
2
Dual
1/20/2009
0.5 U
1 u
0.76 J
4/14/2009
0.12 J
1 u
3.6
7/14/2009
NS
NS
NS
Insufficient water to activate pump
11/8/2000
896
341
905
1/22/2001
621
389
848
6/11/2001
710/720
460/560
1100
2/10/2004
1.2
1.0U
4.2
6/7/2005
0.50 U
1.0U
1.2
9/20/2005
0.50 U
1.0U
1.4
GW Only
12/13/2005
0.81
1.9
5.9
4/11/2006
0.50 U
1.0U
1.8
7/10/2006
5.1
1.0U
27 J
EW-15
9/19/2006
0.71
1.0U
4.1
1/9/2007
40
35
150
3/20/2007
33
27
250
6/19/2007
46
45
490
9/18/2007
49
82
740
1/8/2008
53
79
1200
7/10/2008
94
110
640
Dual
1/20/2009
25
26
310
4/14/2009
4.4
28
150
7/14/2009
NS
NS
NS
Insufficient water to activate pump
App Table Cl-xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 5 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(|ig/L)
1,2-DCP
(jug/L)
Comments
EW-16
GW Only
11/8/2000
24.1
5.11
25.3
1/22/2001
13.6
6.21
26.2
6/11/2001
29/34
8/7
29
2/10/2004
3.1
1.1
3.4
6/7/2005
0.47 J
0.44 J
0.90 J
9/20/2005
0.48 J
0.60 J
2.8
12/13/2005
Well Pump Broken
4/11/2006
0.50 U
1.0U
2.5
7/10/2006
2.4
0.71 J
3.4
9/19/2006
0.50 U
1.0U
2.2
1/9/2007
1.2
0.55 J
4.1
3/20/2007
1.2
0.49 J
5.0
6/19/2007
0.92
1 U
10
9/18/2007
0.74
1.3
10
1/8/2008
0.72
0.82 J
8.8
Dual
7/10/2008
67
7.5
27
10/21/2008
2.6
1.1
5.6
1/20/2009
0.5 U
1 U
0.42 J
4/14/2009
0.45 J
1 u
2.8
7/14/2009
0.21 J
1 u
1.8
EW-17
GW Only
< July 2008
Well contained insufficient water for sampling during subsequent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
EW-18
GW Only
< July 2008
Well contained insufficient water for sampli
ng during subsequent s
ampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
EW-19
GW Only
< July 2008
Well contained insufficient water for sampli
ng during subsequent s
ampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
EW-20
GW Only
< July 2008
Well contained insufficient water for sampli
ng during subsequent s
ampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Dry for remainder of 2009
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 6 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(Hg/L)
1,2-DCP
(Hg/L)
Comments
EW-21
GW Only
< July 2008
Well contained insufficient water for sampli
ng during subsequent s
ampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Dry for remainder of 2009
EW-22
GW Only
11/8/2000
50 U
100 u
1740
1/22/2001
25 U
50 U
1540
6/11/2001
35/38
37/44
1700
2/25/2004
6.5
27
700
12/13/2005
2.0 J
21 J
250 J
4/11/2006
2.1
17
220
7/11/2006
1.8
11
170
9/19/2006
2.5
16
140 J
1/9/2007
dry
dry
dry
Well contained insufficient water for sampling during subsec
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
Dry for remainder of 2009
EW-23
GW Only
2/25/2004
1.8 J
80
3800
Well contained insufficient water for sampling during subsec
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
Dry for remainder of 2009
EW-24
GW Only
2/25/2004
1.8 J
160
4100
Well contained insufficient water for sampling during subsec
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
Dry for remainder of 2009
EW-25
GW Only
< July 2008
Well contained insufficient water for sampli
ng during subsequent s
ampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
Dry for remainder of 2009
EW-26
GW Only
11/8/2000
125 U
250 U
5640
1/22/2001
Dry
Dry
Dry
6/11/2001
Dry
Dry
Dry
Well contained insufficient water for sampling during subsec
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
Dry for remainder of 2009
EW-27
GW Only
11/8/2000
250 U
500 U
14200
1/22/2001
250 U
500 U
12600
6/11/2001
Dry
Dry
Dry
2/25/2004
25 U
190
11000
Well contained insufficient water for sampling during subsec
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 7 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(|ig/L)
1,2-DCP
(jug/L)
Comments
EW-28
GW Only
11/8/2000
5 U
10U
123
1/22/2001
22.5
10.5
42.5
6/11/2001
71/80
20/26
90
2/10/2004
10
4.5
27
6/7/2005
0.59
1.0U
4
9/20/2005
0.21 J
1.0U
2.6
12/13/2005
2.6
1.1
12
4/11/2006
0.50 U
1.0U
3.1
7/11/2006
4.3
2.3
15
9/19/2006
2.2
1.7
8.9
1/9/2007
3.6
1.6
16
3/20/2007
2.8
0.92 J
14
6/19/2007
2.3
0.95 J
13
9/18/2007
2.4
1.2
15
1/8/2008
1.9
0.78 J
14
Dual
7/10/2008
8.8
5.7
33
10/21/2008
0.8
0.92 J
4.6
1/20/2009
0.48 J
0.34 J
3.5
4/14/2009
8.2
3.8
61
7/14/2009
16
6.1
170
EW-29
GW Only
11/8/2000
250 U
500 U
13100
1/22/2001
Dry
Dry
Dry
6/11/2001
Dry
Dry
Dry
Well contained insufficient water for sampling during subset
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
EW-30
GW Only
11/8/2000
500 U
2220
26200
1/22/2001
Dry
Dry
Dry
6/11/2001
Dry
Dry
Dry
Well contained insufficient water for sampling during subseq
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 8 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(|ig/L)
1,2-DCP
(jug/L)
Comments
EW-31
GW Only
6/11/2001
17/15
19/17
60
2/10/2004
1.4
1.0U
2
6/7/2005
0.50 U
1.0U
0.60 J
9/20/2005
0.50 U
1.0U
0.71 J
12/13/2005
0.29 J
1.0U
1.1
4/11/2006
broken pump
7/11/2006
7.1
1.0U
1.9
9/19/2006
1.1
1.0U
1.1
1/9/2007
0.58
1.0U
2.7
3/20/2007
0.57
0.16 J
2.1
6/19/2007
0.29 J
1 U
2.4
9/18/2007
0.38 J
1 UJ
3.8
1/8/2008
0.36 J
1.0U
1.2
Dual
7/10/2008
100
1.5
14
10/21/2008
Dry
Dry
Dry
Insufficient water to collect sample
1/20/2009
0.85
1U
1.6
4/14/2009
0.5 U
1 u
2.9
7/14/2009
NS
NS
NS
Insufficient water to activate pump
EW-32
GW Only
6/11/2001
8500/8500
7500/ 8800
18000
2/10/2004
6.1
12
32
6/7/2005
0.19 J
1.0U
2.4
9/20/2005
0.50 U
1.0U
2.2
12/13/2005
0.20 J
1.0U
3.4
4/11/2006
0.50 U
1.0U
2.3
7/11/2006
5.1
5.5
140
9/19/2006
0.25 J
1.0U
5.2
1/9/2007
9.9
6
180
3/20/2007
72
84
1200
6/19/2007
56
96
1300
9/18/2007
68
82
1700
1/8/2008
37
79
1500
Dual
7/10/2008
45
75
730
10/21/2008
Dry
Dry
Dry
Insufficient water to collect sample
1/20/2009
40
88
1500
4/14/2009
38
120
1700
7/14/2009
NS
NS
NS
Insufficient water to activate pump
EW-33
GW Only
6/11/2001
17/14
2U/0.61
66
2/10/2004
14
1.0U
3.5
6/7/2005
0.21 J
1.0U
1.6
9/20/2005
0.50 U
1.0U
1.8
12/13/2005
0.50 U
1.0U
1.7
4/11/2006
0.50 U
1.0U
1.4
7/10/2006
0.50 U
1.0U
1.2
9/19/2006
0.50 U
1.0U
1.2
1/9/2007
0.50 U
1.0U
1.7
3/20/2007
0.50 U
1.0U
1.4
6/19/2007
0.5 U
1 U
1.5
9/18/2007
0.1 J
1 U
1.7
1/8/2008
0.14 J
1.0U
1.6
Dual
7/10/2008
3.1
1.0U
3.4
10/21/2008
8
1 u
5.4
1/20/2009
9.7
1 u
0.78 J
4/14/2009
1.7
1 u
0.99
7/14/2009
0.39 J
0.62 J
0.85
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 9 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(jug/L)
1,2-DCP
(|ig/L)
Comments
EW-34
GW Only
6/11/2001
160/170
15/15
190
2/10/2004
0.25 J
1.0U
1.7
6/7/2005
0.50 U
1.0U
0.78 J
9/20/2005
0.50 U
1.0U
1.2
12/13/2005
0.50 U
1.0U
2
4/11/2006
0.50 U
1.0U
1.0U
7/10/2006
0.50 U
1.0U
2.4
9/19/2006
0.50 U
1.0U
1.6
1/9/2007
0.50 U
1.0U
1.9
3/20/2007
0.50 U
1.0U
1.5
6/19/2007
0.5 U
1 u
2.4
9/18/2007
0.21 J
1 u
4.3
1/8/2008
0.50 U
1.0U
1.8
Dual
7/10/2008
Dry
Dry
Dry
10/21/2008
Dry
Dry
Dry
Insufficient water to collect sample
1/20/2009
1.5
1 U
0.91 J
4/14/2009
0.15 J
1 u
1.2
7/14/2009
NS
NS
NS
Insufficient water to activate pump
EW-35
GW Only
6/11/2001
90/110
33/39
110
2/10/2004
1
1.0U
6.1
6/7/2005
0.21 J
1.0U
1.5
9/20/2005
0.50 U
1.0U
2.5
12/13/2005
0.20 J
1.0U
5
4/11/2006
0.50 U
1.0U
3.1
7/10/2006
0.50 U
1.0U
1.0U
9/19/2006
0.50 U
1.0U
4
1/9/2007
0.8
1.2
8.6
3/20/2007
1.2
0.59 J
10
6/19/2007
1.3
0.75 J
13
9/18/2007
2.6
0.6 J
19
1/8/2008
6
7.6
100
Dual
7/10/2008
1.8
0.90 J
13
10/21/2008
2.4
3.1
33
1/20/2009
1.5
0.29 J
5.2
4/14/2009
NS
NS
NS
Insufficient water to collect sample
7/14/2009
NS
NS
NS
Insufficient water to activate pump
EW-36
Dual
7/10/2008
0.50 U
1.0U
1.8
10/21/2008
57
61
920
Analytical results for EW-36
and EW-37 appear to be switched
1/20/2009
0.5 U
1.0U
1
4/14/2009
0.093 J
1 u
0.63
7/14/2009
0.1 J
0.27 J
0.72
EW-37
Dual
7/10/2008
170
70
560
10/21/2008
0.5 U
1 U
2.7
Analytical results for EW-36
and EW-37 appear to be switched
1/20/2009
43
33
690
4/14/2009
28
27
2.5 J
7/14/2009
0.58
0.53 J
5
EW-38
Dual
7/10/2008
85
110
210
10/21/2008
0.15 J
0.84 J
9.9
1/20/2009
2
85
78
4/14/2009
11
66
150
7/14/2009
Dry
Dry
Dry
EW-39
SVE
7/10/2008
Dry
Dry
Dry
10/21/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
1/20/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 10 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(Hg/L)
1,2-DCP
(Hg/L)
Comments
EW-40
SVE
7/10/2008
Dry
Dry
Dry
10/21/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
1/20/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
EW-41
Dual
7/10/2008
0.55
1.0U
3.2
10/21/2008
0.43 J
0.69 J
3.3
1/20/2009
0.16 J
1 U
1.7
4/14/2009
0.1 J
1 U
1.4
7/14/2009
0.5 U
1 u
1.5
EW-42
Dual
7/10/2008
36
23
180
10/21/2008
5.2
4.6
67
1/20/2009
11
15
250
4/14/2009
1.7
1.6
18
7/14/2009
3.9
3.9
40
HW-3
GW Only
2/10/1999
0.50 U
1.0U
2.93
6/4/1999
0.102 UJ
1.0U
2.84 UJ
7/27/1999
0.06 UJ
1.0U
2.47
1/31/2000
0.193/0.05
1U/0.01U
2.93
7/5/2000
0.5 U
1.0U
3.08
11/8/2000
0.5 U
1.0U
3.67
1/22/2001
0.5 U
1.0U
3.06
6/11/2001
0.5U/0.02U
1U/0.01U
2.2
2/10/2004
0.50 U
1.0U
1.6
6/7/2005
0.50 U
1.0U
0.81 J
9/20/2005
0.50 U
1.0U
1.0U
4/11/2006
0.50 U
1.0U
1.1
7/11/2006
0.50 U
1.0U
1.1
9/19/2006
0.50 U
1.0U
0.91
1/9/2007
0.50 U
1.0U
1.4
3/20/2007
0.50 U
0.37 J
1.3
6/19/2007
0.5 U
1.0U
1.4
9/18/2007
0.50 U
1.0U
1.6
1/8/2008
0.50 U
1.0U
1.1
1/20/2009
0.50 U
1.0U
0.76 J
7/10/2008
0.50 U
1.0U
1.3
10/21/2008
0.50 U
1.0U
0.88 U
4/14/2009
0.5 U
1 u
1.2
7/14/2009
0.5 U
1 u
1.1
HW-9
GW Only
12/15/1997
0.02 U
0.031
0.5 U
1/12/1998
0.02 U
0.02 U
1 U
5/13/1998
0.39
0.01 J
0.68
7/28/1998
0.84
0.1
1.48
2/9/1999
0.09 UJ
1 u
0.937 UJ
6/4/1999
0.5 U
1 u
1.34
7/27/1999
1.34
1 u
2.34
1/31/2000
2.14/1.85
1 U/0.013
4.79
7/5/2000
7.41
1 u
4.82
11/8/2000
Dry
Dry
Dry
1/22/2001
Dry
Dry
Dry
6/11/2001
Dry
Dry
Dry
Well decomissioned in February 2008.
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 11 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(jig/L)
DBCP
(fg/L)
1,2-DCP
(|ig/L)
Comments
MW-1
Not Used
6/4/1997
0.41
0.025
2.4
9/8/1997
0.39
0.04 U
2.4
10/20/1997
0.63
0.04 U
1.8
1/12/1998
0.52
0.02 U
3
5/12/1998
1.1
0.01 U
2.1
7/27/1998
0.65
0.01 U
2.24
2/25/2004
0.50 U
1.0U
3.3
Well not sampled, because extraction well HW-3 is within 10-feet and HW-3 is sampled
MW-2
Monitoring
6/4/1997
530
72
710 *D
9/8/1997
570
84
850
10/21/1997
140 J
56 J
530
1/12/1998
108
33.8
500 D
5/13/1998
82
40
880
7/27/1998
68
32.8
797
4/11/2006
170
40
250
Well contained insufficient water for sampling during subsec
uent sampling periods through January 2008.
Well decomissioned in February 2008.
MW-2A
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
1/20/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
MW-3
GW Only
9/8/1997
3300
1200
3700
10/22/1997
6800
1700
2000 D
1/12/1998
2660
1060
2300 D
5/13/1998
3200
1400
3500
7/28/1998
1900
1090
2580
Well contained insufficient water for sampling during subsequent sampling periods through January 2008.
Not Used
Well not used a
5 part of perched groun
dwater extraction sysl
em.
MW-3S
GW Only
9/4/1997
130
60000
7100
10/22/1997
400 U
78000 D
5300 D
1/12/1998
130
45,900
5,200 D
5/13/1998
100
47,000
4300
Well contained insufficient water for sampling during subsequent sampling periods through January 2008.
Not Used
Well not used a
5 part of perched groun
dwater extraction sysl
em.
MW-5
Monitoring
9/4/1997
12
160
240
10/23/1997
28
130
340
1/13/1998
15.4
89.9
370 D
5/13/1998
20
160
490
7/28/1998
23
222
524
2/25/2004
0.25 J
6.4
70 J
12/13/2005
1.0U
4.1 J
140 J
4/11/2006
0.50 U
2.7 J
83
7/11/2006
0.35 J
1.1
91
9/19/2006
0.50 U
1.0
16
1/9/2007
0.23 J
0.46 J
86
3/20/2007
0.26 J
0.43 J
81
6/19/2007
1 U
2 U
73
9/17/2007
0.08 J
1 U
36
1/7/2008
0.50 U
1.4
34
7/9/2008
0.50 U
1.0U
10
10/20/2008
0.5 U
1.0U
11
1/21/2009
0.50 U
1.0U
4.2
4/13/2009
0.5 U
0.22 J
26
7/14/2009
Dry
Dry
Dry
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 12 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(jug/L)
1,2-DCP
(|ig/L)
Comments
MW-6
Monitoring
10/24/1997
0.05
0.04 U
1.9
11/20/1997
0.12
0.04 U
1.9
1/13/1998
0.29
0.02 U
3
5/13/1998
0.092 J
0.008 J
1.3
7/27/1998
0.18
0.031
1.12
2/25/2004
0.50 U
1.0U
0.99 J
12/13/2005
0.50 U
1.0U
1.2 J
4/11/2006
0.50 U
1.0U
1.0U
7/11/2006
0.50 U
1.0U
0.70 J
9/19/2006
0.50 U
1.0U
1.0U
1/9/2007
0.50 U
1.0U
0.68 J
3/20/2007
0.5 U
1 U
0.48 J
6/19/2007
0.5 U
1 U
0.17 J
9/17/2007
Dry
Dry
Dry
1/7/2008
0.50 U
1.0U
0.63 J
1/21/2009
0.5 U
1 u
0.23 J
7/9/2008
0.50 U
1.0U
0.39 J
10/20/2008
0.50 U
1.0U
0.11 J
1/21/2009
0.50 U
1.0U
0.23 J
4/13/2009
0.5 U
1 u
0.37 J
7/14/2009
Dry
Dry
Dry
MW-7
Monitoring
11/8/2000
250 U
500 U
15500
1/22/2001
500 U
1000 U
17400
6/11/2001
Dry
Dry
Dry
Well contained insufficient water for sampling during subseq
uent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
7/14/2009
Dry
Dry
Dry
MW-8
Monitoring
11/8/2000
2.5 U
5 U
76.6
1/22/2001
10U
20 U
383
6/11/2001
Dry
Dry
Dry
2/25/2004
0.50 U
1.9
330
Well contained insufficient water for sampling during subseq
uent sampling periods through January 2008.
7/10/2008
Dry
Dry
Dry
Insufficient water to collect sample
10/21/2008
NS
NS
NS
Insufficient water to collect sample
1/20/2009
NS
NS
NS
Insufficient water to collect sample
4/14/2009
Dry
Dry
Dry
Insufficient water to collect sample
7/14/2009
Dry
Dry
Dry
MW-9
Monitoring
Well contained insufficient water for sampling during sampling periods.
MW-10
Monitoring
Well contained insufficient water for sampling during sampling periods.
MW-12
Monitoring
Well contained insufficient water for sampling during sampling periods.
MW-13
Monitoring
6/11/2001
93
310
1300
2/25/2004
0.68
15
180
12/13/2005
0.51 J
4.1 J
86 J
4/11/2006
1.1
91
96
7/11/2006
0.47 J
2.4
64
9/19/2006
0.38 J
1.5
59
1/9/2007
0.28 J
1.2
59
3/20/2007
0.22 J
0.18 J
48
6/19/2007
0.77
8.2
120
9/17/2007
1.8
19
120
1/7/2008
0.36 J
9.5
130
Dual
7/10/2008
0.50 U
1.8
70
10/21/2008
330
250
1400
Concentrations appear anomolous
1/20/2009
0.5 U
2.2
8.1
4/14/2009
0.66
3.1
86
7/14/2009
4.7
11
170
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_FA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 13 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(Hg/L)
DBCP
(jug/L)
1,2-DCP
(|ig/L)
Comments
MW-14
Monitoring
6/11/2001
1.2
2.4
50
2/25/2004
0.26 J
1.0U
27
4/11/2006
0.50 U
3.0 J
6.9 J
Well contained insufficient water for sampling during all subsequent sampling periods
MW-15
Monitoring
< July 2008
Well contained insufficient water for sampling during subsequent sampling periods through January 2008.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
MW-16
Monitoring
< July 2008
Well contained insufficient water for sampling during sampling periods.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
NS
NS
NS
Sealed for SVE, see note 3.
1/20/2009
NS
NS
NS
Sealed for SVE, see note 3.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
MW-17
Monitoring
Well contained insufficient water for s
ampling during sampling periods.
MW-18
Monitoring
2/25/2004
3.9
180
590
12/13/2005
4.7 J
170 J
310 J
4/11/2006
5.0 U
20
110
7/11/2006
3.9
95
170
9/19/2006
3.9
120
190
1/9/2007
3.5
150
170
3/20/2007
2.7
70
150
6/19/2007
2.2 J
48
180
9/17/2007
2.1
26
170
1/7/2008
1.8
30
140
Dual
7/10/2008
2.1
28
160
10/21/2008
40 J
32 J
370 J
Concentrations appear anomolous
1/20/2009
0.5 U
0.53 J
18
4/14/2009
3.4
6.9
150
7/14/2009
Dry
Dry
Dry
Insufficient water to collect sample
MW-19
Monitoring
< July 2008
Well contained insufficient water for sampling during sampling periods.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
1/20/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
MW-20
Monitoring
< July 2008
Well contained insufficient water for sampling during sampling periods.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
1/20/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
MW-21
Monitoring
< July 2008
Well contained insufficient water for sampling during sampling periods.
SVE
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
1/20/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
MW-22
Monitoring
< July 2008
Well contained insufficient water for sampling during sampling periods.
7/10/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
10/21/2008
Dry
Dry
Dry
Sealed for SVE, see note 4.
1/20/2009
Dry
Dry
Dry
Sealed for SVE, see note 4.
4/14/2009
Dry
Dry
Dry
Dry for remainder of 2009
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B60_Table_2_G1_RA_CDCs_2009_3rdQtr.pdf 3/27/10 ez
-------
November 18, 2009
PAGE 14 OF 14
TABLE 2
Historical Summary of Perched Groundwater Chemicals of Concern
Five-Year Review Report for Del Monte Corporation, Oahu Plantation Superfund Site
Kunia, Oahu, Hawaii
WeSS
Well Type
Sample
Date
EDB
(jig/L)
DBCP
(fg/L)
1,2-DCP
(|ig/L)
Comments
MW-23
Monitoring
7/18/2006
0.014
0.0050 U
0.50 J
9/19/2006
0.50 U
1.0U
0.56 J
1/9/2007
0.50 U
1.0U
0.79 J
3/21/2007
0.50 U
1.0U
0.94
6/18/2007
0.5 U
1 U
1.0
9/17/2007
0.5 U
1 U
0.97 J
1/7/2008
0.50 U
1.0U
0.98 J
7/9/2008
0.50 U
1.0U
1
10/20/2008
0.50 U
1.0U
1.1
1/21/2009
0.50 U
1.0U
0.94 J
4/13/2009
0.5 U
1 u
0.86
7/13/2009
0.5 U
1 u
0.92
MW-24
Monitoring
7/18/2006
0.086
0.0050 U
0.72 J
9/19/2006
0.50 U
1.0U
0.42 J
1/9/2007
0.50 U
1.0U
0.97 J
3/21/2007
0.50 U
1.0U
0.95
6/18/2007
0.5 U
1 u
1.0
9/17/2007
0.08 J
1 u
1.1
1/7/2008
0.50 U
1.0U
0.53 J
7/9/2008
0.50 U
1.0U
0.13 J
10/20/2008
0.50 U
1.0U
1.2
1/21/2009
0.50 U
1.0U
1 U
4/13/2009
0.5 U
1 u
0.44 J
7/13/2009
0.5 U
1 u
0.75
U - Analyte was not detected above the given sample quantitation limit
J - Estimated value
NS - Not sampled
SVE - Soil vapor extraction well
GW Only - Groundwater extraction only well
Dual - SVE and GW extraction well
Notes:
1. Samples collected during January 2000 and June 2001 were analyzed for ethylene dibromide (EDB) and l,2-dibromo-3-chloropropane (DBCP)
by both Method 8260 and Method 504.1.
2. Perched groundwater extraction system was switched off from February to June 2008 during remedial action construction.
3. Sealed for SVE indicates groundwater sampling is not possible without disassembling the wellhead.
"NS" designations for SVE wells indicate that water was present in the well but the well was under active SVE, and was not sampled.
4. "Dry" indicates that the well contained an insufficient amount of water for sampling.
App Table Cl.xlsx
Note: Adopted from Golder Associates.
SBD2101S27C2B6O_Table_2_G1_RA_ODCs_2009_3rdQtr.pdf 3/27/10 ez
-------
LEGEND:
C— ^ APPftGA MATE EPA "SttJRCE AREA?
h J BOUNDARY
PERftiSHDNE MOWTQH *0 WH.L
DUAL WELL G«QUNDWATB*AM5ffV'E
SWE WELL ONLY
GROUNDWATER EJC*J%ACT ON WQi ONLY
BASAL MQh TOfl WQ WELL
WH3P£STif lac
HOTE9
1 kHJROC BASE MAP AftO WBJL LOCATOR ^6GM S?JRVEY COMPLETED AiJGJJSF. SfiOfl
2 EPA "SOURCE AREA1 DEF NED N THE «3TrniTONAa. CONTROLS CONSENT DECREE BE "WEEK JAMES CAiFBELL COWPA.VT LLC AMD EPA
F LED OH SSTEKfKR IB. 2«T
Figure adopted from Golder INC.
ES030210152702BAO_Fig-1_Site_Layout.ai 2-26-10 ez
FIGURE 1
EPA SOURCE AREA
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE. KUNIA, HAWAII
CH2MHILL
-------
Header 2
Header 3
Header 4
- ~ 3k !
Header 6
Header 7
Header 1
Header 8
Header 9
|Header 5
3 (H5..5 StK E»D SCC
a aw i
;?:¦ itjsaiBM im 7: eh »i.ia>aKS«i>i
+ *iae«wi»»-a;iBnra»a»s kbj-
! «•_=. r» -a ;*r •« n ; « £. aw
ii *_e £»« rls ws mme-
Kl/MiAWELL
THEATWEMT
¦SYSTEM
trt-33
HW3
Bwa-pmac
Figure adopted from Golder INC.
FIGURE 2
PERCHED AQUIFER TREATMENT SYSTEM LAYOUT
V3TES
«a<
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE. KUNIA. HAWAII
ES030210152702BAO_Fig-2_Perched_Aquifer_SVE_System_Layout.pdf 2-26-10 ez
CH2MHILL
-------
80,000
70,000
60,000
50,000
2 40,000
ra
13
30,000
20,000
10,000
ESO30210152702BAO_Fig-3Month ly^Wa terCol um n_ Plots_2009_3rdQtr.a i_ 2-26-10 ez
FIGURE 3A
TOTAL GALLONS PUMPED FROM
PERCHED AQUIFER EXTRACTION
WELLS PER WEEK
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
CH2MHILL —
-------
10.00
EW-40 —*¦ MW-2A
Note: Active SVE on header 1 since March 11, 2009.
SVE deactivated September 10, 2009
FIGURE 3B
MONTHLY WATER COLUMN
HEIGHT FOR SVE-ONLY WELLS
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
0.00 -I 1 1 1
Dec-08 Jan-09 Feb-09 Mar-09
1
Apr-09
May-09
1
Jun-09
—i—
Jul-09
Aug-09
Sep-09
1
0ct-09
ES030210152702BAO_
_Fig-3B Monthly WaterColumn_Plots_2009_3rdQtr.ai_ 2-26-10 ez
CH2MHILL
-------
40.00
35.00
30.00
25.00
u
u
c
| 20.00
o
u
ns
g
15.00
10.00
5.00
0.00
Dec-08
Jan-09
Feb-09
Mar-09
Apr-09
May-09
Jun-
-09
Aug-09
Sep-09
0ct-09
¦ EW-03
• EW-26
MW-16
Note: Active SVE on header 5 between July 2008
and March 2009. SVE deactivated on March 10, 2009.
FIGURE 3C
MONTHLY WATER COLUMN
HEIGHT FOR SVE-ONLY WELLS
HEADER 5
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
ES030210152702BAO_ Fig-3C^ Monthly^ WaterColumn_Plots_2009_3rdQtr.ai_ 2-26-10 ez
CH2MHILL
-------
45.00
40.00
35.00
1,1,1 il
Dec-08
Jan-09
Feb-09
Mar-09
Apr-09
May-09
Jun-09
Jul-09
Aug-09
Sep-09
31
0ct-09
• EW-04
• EW-08
Note: Active SVE on header 6 between July 2008
and March 2009. SVE deactivated on March 10, 2009.
• EW-05
¦ EW-ll
EW-07
EW-39
FIGURE 3D
MONTHLY WATER COLUMN
HEIGHT FOR SVE-ONLY WELLS
HEADER 6
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
ESO30210152702BAO_Fig-3 D_MonthlyJ/VaterColurnn_Ptots_2009_3rdQlr.ai_ 2-26-10 ez
CH2MHILL
-------
25.00
I EW-06 —9
II EW-19
Note: Active SVE on header 7 between June 2008
and March 2009. SVE deactivated on March 10, 2009.
• EW-12
EW-27
EW-17
FIGURE 3E
MONTHLY WATER COLUMN
HEIGHT FOR SVE-ONLY WELLS
HEADER 7
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
ESO30210152702BAO_Fig-3 E_ Month lyJA/a terCol urn rL Plots_2009_3rdQtr.a i_ 2-26-10 ez
CH2MHILL
-------
30.00
ns
5
25.00
20.00
a;
0)
H-
c
| 15.00
o
u
10.00
5.00
0.00
Dec-08 Jan-09 Feb-09 Mar-09
I EW-18
II EW-25
¦EW-21
MW-19
Apr-09 May-09
EW-23
Jun-09
Jul-09
Aug-09
Sep-09
0ct-09
Note: Active SVE on header 8 between June 2008
and March 2009. SVE deactivated on March 10, 2009.
FIGURE 3F
MONTHLY WATER COLUMN
HEIGHT FOR SVE-ONLY WELLS
HEADER 8
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
ES030210152702BAO_Fig-3F_MonthlyJ/VaterColumrLPIots_2009_3rdQtr.ai_ 2-26-10 ez
CH2MHILL
-------
14.00
12.00
10.00
S 8.00
C
E
_3
O
S 6.00
TO
4.00
2.00
0.00
Dec-08
Jan-09
Feb-09
EW-24
¦*^MW-15
Mar-09
¦ EW-29
lie MW-20
Apr-09 May-09
EW-30
MW-21
Jun-09
Jul-09
Aug-09
Sep-09
0ct-09
Note: Active SVE on header 9 between June 2008
and March 2009. SVE deactivated on March 10, 2009.
FIGURE 3G
MONTHLY WATER COLUMN
HEIGHT FOR SVE-ONLY WELLS
HEADER 9
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
ES030210152702BAO_Fig-3G_Monthly^WaterColumn_Ptots_2009_3rdQtr,ai_ 2-26-10 ez
CH2MHILL
-------
50.00
45.00
3MW-3S
MW-5
3MW-6
MW-10
MW-12
MW-14
MW-17
Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 Jul-09 Aug-09 Sep-09 0ct-09
FIGURE 3H
MONTHLY WATER COLUMN
HEIGHT FOR PERCHED
MONITORING WELLS
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
ESO30210152702BAO_Fig-3 l-LMonthlyJ/VaterColurnn_Ptots_2009_3rdQlr.ai_ 2-26-10 ez
CH2MHILL
-------
EDB Concentrations Perched Aquifer Wells
Note: Well EW-32, June 2001 result of 8,500 ug/L not plotted on this chart.
Sep-07 Jan-09
DBCP Concentrations Perched Aquifer Wells
Sep-07
DBCP = dibromochloropropane, EDB = ethylene dibromide.
-EW-1
-EW-2
-EW-3
EW-4
-EW-9
-EW-10
-EW-11
-EW-13
-EW-14
-EW-15
EW-16
EW-22
EW-28
EW-31
EW-32
EW-33
-EW-34
-EW-35
-EW-36
EW-37
-EW-38
-EW-41
-EW-42
MW-5
-MW-06
-MW-13
-MW-18
-EW-1
-EW-2
-EW-3
-EW-9
-EW-10
-EW-11
-EW-13
-EW-14
-EW-15
EW-16
EW-22
EW-28
EW-31
EW-32
EW-33
-EW-34
-EW-35
-EW-36
EW-37
-EW-38
-EW-41
-EW-42
MW-5
-MW-06
-MW-13
-MW-18
ES030210152702BAO_Fig-4_EDB_DBCP_Percehed_Wells.ai 2/27/10 ez
FIGURE 4
EDB AND DBCP CONCENTRATION
TRENDS IN PERCHED WELLS
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
CH2MHILL
-------
1.2-DCP All Headers
Header Offgas Sample Date
EDB All Headers
Header Offgas Sample Date
DBCP All Headers
Header Offgas Sample Date
Total Organic Carbon (TOC) All Headers
Header Offgas Sample Date
Note:
1) Headers 5, 6,7, 8 and 9 were operated June/July 08 (startup) through March 10, 2009.
2) Headers 1, 2, and 4 were operated (startup) February 09 through September 09.
3) Header 3 was operated September 09 (startup).
4) Headers 1, 5, 6, and 7 were operated October 09 through December 09. This was the first time rebound from inoperation of previously activated headers could be observed.
5) 1,2-DCP = 1,2-dichloropropane, DBCP = dibromochloropropane, EDB = ethylene dibromide, ppmv = parts per million by volume, ppbv, parts per million by volume.
FIGURE 5
COC CONCENTRATIONS WITHIN
INDIVIDUAL SVE HEADERS
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
CH2MHILL
ES030210152702BAO_Fig-5_COC_Concentrations,ai 2-26-10 ez
-------
50
45
40
BS
35
TJ
(U
¦>
30
o
t
75
(U
cc
20
1ft
re
1
15
10
5
0
TOC
<
- 5. 6. 7. 8. 9
~
=4
1. 2.4
3
—~
;
1, 5, 6, 7
¦'
j
h
1
1
V
Jl
sj
o
o
Ln
O
O
O
Ln
O
O
O
Ln
O
O
o
-&»
Ln
O
O
O
Time elapsed (days)
¦TOC kg — -TOC ppmv
Header (well group) Period of Operation
10
E
Q.
6 3
E
o
„ V
E
0)
u
E
O
u
-2
Ln CTi
Ln O
O O
0.80
0.70
"SB 0.60
j*
"g 0.50
>
O
£ 0.40
0)
C£L
g o.3o
05
2 0.20
0.10
0.00
DBCP
5, 6, 7, 8, 9
j
0
1, 5, 6, 7
1,
4
1
1
/
/
*
/
^f\
—J
o
O
O
O
O
O
-&»
o
o
Ln
O
O
O
80
70
60
50
40
Ln CD
Ln O
O O
Time elapsed (days)
-DBCP kg — —DBCPppbv
Header (well group) Period of Operation
-Q
Q.
Q.
E
O
V
30
20
E
0)
u
E
O
u
10
20
18
16
14
12
10
8
6
4
2
0
1,2-DCP
00
ID
1,2,4
71
b.
's
L, 5, 6, 7
!
j
3,600
3,000
2,400
1,800
1,200
600
0
-Q
Q.
Q.
E
O
'¦P
03
i—
E
0)
u
E
O
u
Ln h-i
O O
O
NJ
O
O
NJ
Ln
O
LU
O
O
LU
Ln
O
O
o
Ln
O
Ln Ln CD
O Ln O
O O O
Time elapsed (days)
¦ 1,2-DCP kg 1,2-DCP ppbv
Header (well group) Period of Operation
0.30
0.25
0.20
0.15
0.10
0.05
EDB
0.00
<—L
b,
6,7,8
,9
~
*4—
1.1
A
—~
0
1,5,
6, 7
~
I
V
1
1
\—
35
28
Q.
21 —
E
O
'¦P
14 2
E
0)
^ §
u
OLni-ii-iNJNJU)U)^»^»LnLncr)
OOUiOUiOUiOUiOUiO
OOOOOOOOOOO
Time elapsed (days)
^ EDB kg — —EDB ppbv
1 Header (well group) Period of Operation
Note:
1. SVE initiated Day 0 on headers 7, 8, and 9. Headers 5 and 6 brought online on Day 8. These headers required additional dewatering of Perched Aquifer before startup.
2. SVE switched to headers 1, 2, and 4 on Day 263, after mass removal appeared to be diminishing with headers 5, 6, 7, 8, and 9 online.
3. SVE switched to header 3 on Day 447 for 1-month trial period. Operation of header 3 with other headers is not possible due to higher permeability backfill soil in this area.
4. SVE switched to headers 1, 5, 6, and 7 on Day 482.
5. At day 482, startup and testing of all 9 headers was completed.
6. Switching to operation of headers 1, 5, 6, and 7 (day 482) is the first opportunity to observe the potential for rebound with cycling of headers.
7.1,2-DCP = 1,2-dichloropropane, DBCP = dibromochloropropane, EDB = ethylene dibromide, ppmv = parts per million by volume, ppbv, parts per million by volume.
FIGURE 6
COMBINED CONCENTRATION
AND CUMULATIVE COC MASS
REMOVED BY SVE
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
-------
Schofield Barracks
Military Reserve
Kunia Well
Mililani
Town
Waikakalaua FSA
WellSTI 2MW05
20.97'
DLNR Mauka Deep
Monitoring Well
16.54720.09' (a)
Eva-Kunia
Deep Well
16.19'
LEGEND
We Location - Water eve s
measurement (ft amsl)
...... Unconformity Contact at
Basal Water Level
Water Level Ewa Kunia
Aquifer
Water Level Waiawa-
Waipahu Aquifer
fr. Basal Groundwater
Flow Direction
'XXJ Schofield Aquifer Southern Dam
(a) 16.54 ft measured in open hole
well. 20.09 measured in sounding tube.
This figure was originally produced in color. Reproduction in black and white may result in loss of information.
Figure adopted from Golder INC.
4,000 (
Scale 1" = 4,000 Feet
Map Projection:
Hawaii State Plane
Zone 3, NAD 83, Feet
Source: Oki, 1998,
(Golder 2005a)
96315320022100F09R03 | 4/1/09 | TBROUSSEAU
ES030210152702BAO_Fig-7_Basal_Groundwater_Monitoring 2-26-10 ez
FIGURE 7
BASAL GROUNDWATER MONITORING
NETWORK AND OCTOBER 2008
GROUNDWATER ELEVATIONS
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
CH2MHILL —
-------
EDB - Basal Aquifer All BMW Wells
DBCP - Basal Aquifer All BMW Wells
—O— Kunia Well
—BMW-1
—BMW-2
—A— BMW-3
—A— BMW-4
BMW-5
—BMW-6
Sample Date
Sample Date
Note: 1,2-DCP = 1,2-dichloropropane, DBCP = dibromochloropropane, 1,2,3-TCP = 1,2,3 trichloropropane, EDB = ethylene dibromide, |jg/L = micrograms per liter.
FIGURE 8
COC CONCENTRATIONS WITHIN THE KUNIA AND
KOOLAU BASALT BASAL AQUIFER WELLS
FIVE-YEAR REVIEW REPORT FOR DEL MONTE
CORPORATION OAHU PLANTATION
SUPERFUND SITE, KUNIA, HAWAII
CH2MHILL
ES030210152702BAO_Fig-8_COC_Concentratbns_w-Kunia,ai 2-26-10 ez
1,2,3-TCP - Basal Aquifer All BMW Wells 1,2-DCP - Basal Aquifer All BMW Wells
^,0.80
CL
O
Q
™ 0.60
Sample Date
Sample Date
-------
Appendix E
Institutional Controls Evaluation
Memorandum
-------
DRAFT TECHNICAL MEMORANDUM
CH2MHILL
Del Monte (Oahu Plantation) Superfund Site 5-Year
Review
Institutional Controls Evaluation
PREPARED FOR: United States Environmental Protection Agency (EPA), Region IX
PREPARED BY: CH2M HILL
DATE: March 10, 2010
Institutional controls (ICs) are non-engineered methods, such as administrative or legal
controls, by which public access to contaminated environmental media is restricted. This
technical memorandum summarizes the results of an evaluation of ICs for the Del Monte
(Oahu Plantation) Superfund Site (the Del Monte Site, or the Site) located in Kunia, Hawaii.
Background
A Record of Decision (ROD) was issued for the Del Monte Site in September 2003. In
addition to institutional controls, the U.S. Environmental Protection Agency (EPA) has
selected two active remediation remedies to address soil and groundwater contamination:
• Remediation of shallow groundwater (perched aquifer) and contaminated subsurface
soil in the Kunia Village Source Area from approximately 20 feet below ground surface
(bgs) to 100 feet bgs by dewatering of the perched aquifer through groundwater
extraction, implementing soil vapor extraction (SVE), and minimizing perched
groundwater recharge through a vegetated cover and stormwater diversion system.
• Remediation of deep groundwater (basal aquifer) by phased pump and treat, starting at
the Kunia Well, with contingent monitored natural attenuation (MNA).
Institutional controls, in the form of land and/or water use restrictions, are an integral part
of each of these components of the remedial action in order to prevent any exposure of the
public to contaminants at the Site while cleanup levels have not been achieved, as well as to
prevent any interference with any aspect of the remedial action. ICs of access and deed
restrictions were included as part of the remedies. It should be noted that actual access
controls such as fences and "No Trespassing" signage are considered physical controls and
should be categorized as engineering controls. Therefore, the only true institutional controls
from the ROD are the deed restrictions.
A Consent Decree was lodged on June 8, 2007 (EPA, 2007) that requires monitoring of
institutional controls at the site to verify that property owners and lessees have not
undertaken any construction in the source area or the well restriction area that has damaged
or interfered with basal groundwater monitoring or extraction wells. Following is the
summary of the ICs in the Consent Decree:
ES032510143353BAO\100890005
E-1
-------
DEL MONTE (OAHU PLANTATION) SUPERFUND SITE 5-YEAR REVIEW
INSTITUTIONAL CONTROLS EVALUATION
Restrictions to the Source Area:
• The Source Area shall not be used in any manner that causes a threat to public health.
Until Certification of Completion of the Work by EPA, the Source Area can not be used
or redeveloped for residential use; used as a hospital, school for people aged 21 and
under, or day care center; or other uses by sensitive receptors, as defined by EPA's risk
assessment.
• Construction is not permitted on the Source Area that damages or interferes with any
equipment or other components of the Remedy for the Perched Aquifer and Deep Soils,
including the vegetative soil cap, groundwater extraction and monitoring wells and
conveyance pipelines, the soil vapor extraction system, the phytoremediation treatment
units and the basal groundwater treatment system.
Restrictions to the Well Restriction Area (Refer to Figures in Attachment 2):
• Prior to Certification of Completion of the Work by EPA, an application cannot be filed
for a Water-Use Permit to draw water from a well located in the Well Restriction Area
without prior written approval of EPA. The owner shall notify EPA as well as the
Hawaii Commission on Water Resource Management and shall file an objection to the
issuance of a Water-Use Permit with the Water Resource Management Commission.
• Prior to Certification of Completion of the Work by EPA, construction is not permitted
in the Well Restriction Area that damages or interferes with any equipment or other
components of the Remedy for the Basal Aquifer, including the groundwater monitoring
wells.
• In order to assist EPA in monitoring the effectiveness of the institutional controls at the
Site, an Institutional Controls Annual Report will be submitted annually to EPA.
• Prior written approval of EPA is needed for modification of institutional controls in the
Consent Decree, including modification to the boundaries of the Site or Well Restriction
Area or the Source Area.
The former property owner, James Campbell Company LLC (JCC), prepared Institutional
Controls Annual Reports for 2008 and 2009 (LFR, 2009a and 2009b) to demonstrate to EPA
that the new property owners and lessees are complying with the requirements of the
Consent Decree. A summary of the findings of the Institutional Controls Annual Reports
and recent developments (JCC, 2008a; 2008b; 2009) follows (refer to the figures in
Attachment 2 for section map):
• Hawaii Agricultural Research Center (HARC) purchased the Kunia village on
November 17, 2009.
• Army Hawaii Family Housing, LLC purchased Sections 7 and 9 on December 10, 2008.
• Kunia Agricultural Park purchased Section 8 on January 23, 2008.
• Syngenta Hawaii, LLC purchased Section 6 on September 3, 2008.
• No applications for well installation or water use permits within the well restriction area
have been submitted in the last two years.
E-2
ES032510143353BAO\100890005
-------
DEL MONTE (OAHU PLANTATION) SUPERFUND SITE 5-YEAR REVIEW
INSTITUTIONAL CONTROLS EVALUATION
• The perched and basal aquifer remediation systems are intact and operational and no
construction or other activities have interfered with the functioning of the basal
monitoring wells.
During sale of portions of the Del Monte Superfund site, Limited Warranty Deeds with
Covenants and Reservation of Rights were agreed upon by JCC and the new owners.
Among other agreements, drainage issues were addressed which included development of
property to accept drainage from upslope lands and to avoid damage to adjoining lands
from surface water runoff.
This is the first five-year review for the Site since the ROD was issued in 2003 (EPA, 2003).
As part of this five-year review, title reports were obtained for the Site. The title reports
identify the site as Tax Map keys 9-2-004 (parcels 001, 003, 005, 006), 9-2-005 (parcels 001 and
002), and 9-4-004-005. Declaration of Environmental Restrictions (Well Restriction Area) and
Declaration of Covenants regarding Water Allocation and Easements are properly recorded
as evidenced from the reports (Attachment 1). Prohibited use and activities include, but are
not restricted to, application for permit to withdraw water from a well in the well restricted
area without prior EPA approval, and construction in the well restriction area that damages
components of the remedy. The restrictions set forth in the declaration run with the
property and are binding on all occupants. Attachment 1 presents detailed title reports for
each parcel including Declaration of Environmental Restrictions.
Based upon review of various documents, interviews with key personnel and the site
inspection, it appears that the institutional controls, as well as the engineered controls, are
currently functioning as intended.
The title reports and declarations are included as Attachment 1. A Well Restriction Area
Map and a Section Map are included as Attachment 2.
Deficiencies and Recommendations
There are no known deficiencies related to the institutional controls set forth in the ROD for
the Del Monte Site. The institutional controls remain protective of human health and the
environment.
References
James Campbell Company LLC (JCC). 2008a. Letter to United States Environmental
Protection Agency for purchase of Section 8 by Kunia Agricultural Park Re:
Institutional Controls consent Decree for the Del Monte Superfund Site, Civil Action no: CV-
07-00308. June 6.
James Campbell Company LLC (JCC). 2008b. Letter to United States Environmental
Protection Agency for purchase of Section 6 by Syngenta Hawaii, LLC Re: Institutional
Controls Consent Decree for the Del Monte Superfund Site, Civil Action no: CV-07-00308.
September 15.
ES032510143353BAO\100890005
E-3
-------
DEL MONTE (OAHU PLANTATION) SUPERFUND SITE 5-YEAR REVIEW
INSTITUTIONAL CONTROLS EVALUATION
James Campbell Company LLC (JCC). 2009. Letter to United States Environmental
Protection Agency for purchase of Kunia village by Hawaii Agricultural Research
Center Re: Institutional Controls Consent Decree for the Del Monte Superfund Site, Civil
Action no: CV-07-00308. December 4.
LFR Inc. 2009a. 2008 Institutional Controls Annual Report, Del Monte Pineapple Plantation
Superfund Site, Kunia, Oahu, Hawaii. March 6.
LFR Inc. 2009b. 2009 Institutional Controls Annual Report, Del Monte Pineapple Plantation
Superfund Site, Kunia, Oahu, Hawaii. October 14.
United States Environmental Protection Agency (EPA). 2003. Record of Decision, Del Monte
Corporation, Oahu Plantation Superfund Site, Kunia, Hawaii. September
United States Environmental Protection Agency (EPA). 2007. Consent Decree. United States of
America v. James Campbell Company, LLC. Lodged June 8, 2007.
E-4
ES032510143353BAO\100890005
-------
Attachment 1
Title Reports
-------
STATUS REPORT
Maximum liability limited to
$3,500.00
This report (and any revisions thereto) is issued solely for the
convenience of the titleholder, the titleholder's agent, counsel,
purchaser or mortgagee, or the person ordering it.
SCHEDULE A
Title Guaranty of Hawaii, Incorporated, hereby reports that, subject
to those matters set forth in Schedule "B" hereof, the title to the
estate or interest to the land described in Schedule "C" hereof is
vested in:
SYNGENTA HAWAII, LLC,
a Hawaii limited liability company,
as to LOT 881,
and
FAT LAW'S FARM, INC.,
a Hawaii corporation,
as to an undivided 60% interest,
LAW TIENG'S FARM LLC,
a Hawaii limited liability company,
as to an undivided 20% interest,
TONY TAN LAW and
MANYVONE LAW,
husband and wife,
as Tenants by the Entirety,
as to an undivided 10% interest, and
HAE VIENGKHOU and
PHOUANGPHET VIENGKHOU,
husband and wife,
as Tenants by the Entirety,
as to an undivided 10% interest,
as to LOT 882-A,
as Fee Owner
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 1
-------
SCHEDULE A CONTINUED
This report is dated as of February 5, 2010 at 8:00 a.m.
Inquiries concerning this report
should be directed to
OFELIA LOPEZ.
Email olopez0tghawaii.com
Fax (808) 521-0210
Telephone (808) 533-5831.
Refer to Order No. 201004417B.
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 2
-------
SCHEDULE B
EXCEPTIONS
1. Real Property Taxes, if any, that may be due and owing.
-Parcel First (LOT 881) is (are) covered by Tax Key: (1) 9-2-
004-011.
-Parcel Second (LOT 882-A):- is(are) covered by Tax Key: (1) 9-2-
004-010.
-Note:- Attention is invited to the fact that the premises
covered herein may be subject to possible rollback or
retroactive property taxes.
2. -AS TO PARCEL FIRST (LOT 881):-
(A) Any rights or interests which may exist or arise by reason
of the following facts shown on survey map prepared by Kevin
K. Kea, Land Surveyor, with Ace Land Surveying LLC, dated
January 16, 2007:
Barb wire fence crosses into subject lot and adjoining lot,
ownership unknown.
(B) Any claim or boundary dispute which may exist or arise by
reason of the failure of the GRANT OF NONEXCLUSIVE EASEMENTS
(ACCESS, WATERLINE AND OTHER UTILITY PURPOSES) dated
September 3, 2008, filed as Land Court Document No. 3 78 5832,
referred to in Schedule C, to locate with certainty the
boundaries of the easement area which is approximately one
hundred fifteen (115) feet wide extending approximately
fifty-seven and one-half (57-1/2) feet on each side of the
centerline graphically shown on Exhibit A attached thereto,
described in said instrument.
3. -AS TO PARCEL SECOND (LOT 882-A):-
(A) DESIGNATION OF EASEMENT "49" (40 feet wide)
SHOWN : on MaplO, as set forth by Land Court Order
No. 4113, filed August 5, 1940
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 3
-------
SCHEDULE B CONTINUED
Said Easement "49" was amended by Land Court Order No.
17969, filed April 1, 1960, to reduce the width from 40 feet
to 30 feet.
(B) Water rights, claims or title to water, whether or not shown
by the public records.
(C) Encroachments or any other matters as shown on survey map
prepared by KEVIN K. KEA, Land Surveyor, with Ace Land
Surveying LLC, dated December 11, 2007.
(D) The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF SITE ACCESS; JOINDER
DATED
FILED
RECORDED
2007
Land Court Document No. 3676945
Document No. 2007-193800
(E) The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF ENVIRONMENTAL RESTRICTIONS
(WELL RESTRICTION AREA); JOINDER
DATED
FILED
RECORDED
2007
Land Court Document No. 36 76 9 46
Document No. 2007-193801
(F) Unrecorded leases described below and matters arising from
or affecting the same:
(a) Lease of Right of Way dated December 8, 1937, in favor
of Hawaiian Electric Company Inc. (Easement No.
E00782800), the term of which is month to month,
subject to earlier termination pursuant to terms
thereof.
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 4
-------
SCHEDULE B CONTINUED
(b) Access in favor of The Nature Conservancy, as set forth
in unrecorded lease dated April 18, 1990 (Lease No.
L00758700), as amended, the term of which expires on
April 18, 2020, subject to earlier termination pursuant
to the terms thereof, affecting Easement "49".
(G) The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND
RESERVATION OF RIGHTS
DATED : as of January 23, 2008
FILED : Land Court Document No. 3704219
(H) REAL PROPERTY MORTGAGE; SECURITY AGREEMENT; ASSIGNMENT OF
RENTS AND FINANCING STATEMENT
MORTGAGOR : FAT LAW'S FARM, INC., a Hawaii corporation,
LAW TIENG'S FARM LLC, a Hawaii limited
liability company, TONY TAN LAW and MANYVONE
LAW, husband and wife, and HAE (NMN) VIENGKHOU
and PHOUANGPHET (NMN) VIENGKHOU, husband and
wife
MORTGAGEE
BRIDGEVIEW CAPITAL SOLUTIONS, L.L.C., a
Delaware limited liability company
DATED
FILED
AMOUNT
January 23, 2008
Land Court Document No. 3 70 4221
$3,954,000.00
(I) FINANCING STATEMENT
DEBTOR
LAW TIENG'S FARM LLC, a Hawaii limited
liability company, FAT LAW'S FARM, INC., a
Hawaii for profit corporation, TONY TAN LAW
MANYVONE LAW, HAE VIENGKHOU and PHOUANGPHET
VIENGKHOU
SECURED
PARTY
BRIDGEVIEW CAPITAL SOLUTIONS, L.L.C.
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 5
-------
SCHEDULE B CONTINUED
RECORDED :
RECORDED ON:
Document No. 2008-009772
January 23, 2008
(J) FINANCING STATEMENT
DEBTOR
LAW TIENG'S FARM LLC, a Hawaii limited
liability company, FAT LAW'S FARM, INC., a
Hawaii for profit corporation, TONY TAN LAW,
MANYVONE LAW, HAE VIENGKHOU and PHOUANGPHET
VIENGKHOU
SECURED
PARTY
BRIDGEVIEW CAPITAL SOLUTIONS, L.L.C.
RECORDED :
RECORDED ON:
Document No. 2008-009773
January 23, 2008
(K) MORTGAGE
MORTGAGOR
MORTGAGEE
DATED
FILED
AMOUNT
FAT LAW'S FARM, INC., a Hawaii corporation,
LAW TIENG'S FARM LLC, a Hawaii limited
liability company, TONY TAN LAW and MANYVONE
LAW, husband and wife, and HAE VIENGKHOU and
PHOUANGPHET VIENGKHOU, husband and wife
AMERICAN FARM MORTGAGE COMPANY, INC., a
Tennessee corporation
January 23, 2008
Land Court Document No.
$3, 596, 000 .00
3704222
(L) FINANCING STATEMENT
DEBTOR
FAT LAW'S FARM, INC.; LAW TIENG'S FARM LLC;
TONY LAW; MANYVONE LAW; HAE VIENGKHOU;
PHOUANGPHET VIENGKHOU
SECURED
PARTY
RECORDED
AMERICAN FARM MORTGAGE COMPANY, INC.
Document No. 2008-010732
RECORDED ON: January 2 4, 2 00 8
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
-------
SCHEDULE B CONTINUED
(M) FINANCING STATEMENT
DEBTOR
FAT LAW'S FARM, INC.; LAW TIENG'S FARM LLC;
TONY LAW; MANYVONE LAW; HAE VIENGKHOU;
PHOUANGPHET VIENGKHOU
SECURED
PARTY :
RECORDED :
RECORDED ON:
AMERICAN FARM MORTGAGE COMPANY, LLC
Document No. 2008-010733
January 24, 2008
(N) GRANT
TO
DATED
FILED
GRANTING
SYNGENTA HAWAII, LLC, a Hawaii limited
liability company
September 3, 2 00 8
Land Court Document No. 3785841
the right, in the nature of a nonexclusive
easement for waterline easement (25 feet wide)
(O) GRANT
TO
GILL-OLSON JOINT VENTURE, a Hawaii Joint
Venture
DATED
FILED
GRANTING
September 30, 20 09
Land Court Document No.
3903238
the right, in the nature of a nonexclusive
easement over said Easement "49" for access
and utility purposes
(P) GRANT
TO
DATED
FILED
EDMUND C. OLSON, as Trustee of the Edmund C.
Olson Trust No. 2 under agreement dated August
21, 1985
September 30, 20 09
Land Court Document No. 3903244
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 7
-------
SCHEDULE B CONTINUED
GRANTING : the right, in the nature of a nonexclusive
easement over said Easement "49" for access
and utility purposes
(Q) GRANT
TO
DATED
FILED
GRANTING
THE TRUST FOR PUBLIC LAND, a California
nonprofit public benefit corporation
September 30, 20 09
Land Court Document No.
3903248
the right, in the nature of a nonexclusive
easement over said Easement "49" for access
and utility purposes
(R) TAX LIEN
BY
AGAINST
DATED
RECORDED
AMOUNT
UNITED STATES OF AMERICA, DEPARTMENT OF
TREASURY, INTERNAL REVENUE SERVICE
LAW TIENGS FARM LLC | JOHNSON CHOI
December 17, 2 00 9
Document No. 2009-196907
$11,771.97
4. The terms and provisions contained in the following:
INSTRUMENT : TRUSTEES LIMITED WARRANTY DEED
DATED
FILED
RECORDED
November 1, 2 006
Land Court Document No. 3505988
Document No. 2006-198463
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page J
-------
SCHEDULE B CONTINUED
5. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS
DATED
FILED
RECORDED
December 13, 2007
Land Court Document No. 3694441
Document No. 2007-219110
Said Declaration amended and restated in its entirety by
instrument dated August 21, 2008, filed as Land Court Document
No. 3782044, and recorded as Document No. 2008-133157.
6. The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND
RESERVATION OF RIGHTS
DATED : September 3, 20 08
FILED : Land Court Document No. 3785831
7. Claims arising out of customary and traditional rights and
practices, including without limitation those exercised for
subsistence, cultural, religious, access or gathering purposes,
as provided for in the Hawaii Constitution or the Hawaii Revised
Statutes.
END OF SCHEDULE B
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 9
-------
SCHEDULE C
-PARCEL FIRST:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 881, area 11.129 acres, more or less, as shown on Map 110, filed
in the Office of the Assistant Registrar of the Land Court of the
State of Hawaii with Land Court Application No. 1069 of the Trustees
under the Will and of the Estate of James Campbell, deceased;
Together with access over Lots 878 and L, as set forth by Land Court
Order No. 17936, filed March 17, 1960;
Being the land(s) described in Transfer Certificate of Title No.
921,365 issued to SYNGENTA HAWAII, LLC, a Hawaii limited liability
company.
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR
JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE
SYNGENTA HAWAII, LLC, a Hawaii limited liability
company
DATED
FILED
September 3, 20 08
Land Court Document No. 3785831
Together with a nonexclusive easement for vehicular and pedestrian
access to and from Kunia Road (a public highway) and for waterline and
other utility purposes, as granted by GRANT OF NONEXCLUSIVE EASEMENTS
(ACCESS, WATERLINE AND OTHER UTILITY PURPOSES) dated September 3,
2008, filed as Land Court Document No. 3785832; and subject to the
terms and provisions contained therein. Said easement over an
easement area approximately one hundred fifteen (115) feet wide
extending approximately fifty-seven and one-half (57 1/2) feet on each
side of the center line graphically shown on Exhibit A attached
thereto, and located within the land described in Exhibit B attached
thereto.
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 10
-------
SCHEDULE C CONTINUED
-PARCEL SECOND:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 882-A, area 425.963 acres, more or less, as shown on Map 110,
filed in the Office of the Assistant Registrar of the Land Court of
the State of Hawaii with Land Court Application No. 1069 of the
Trustees under the Will and of the Estate of James Campbell, deceased;
Being the lands(s) described in Transfer Certificate of Title No.
892,761 issued to FAT LAW'S FARM, INC., a Hawaii corporation, as to an
undivided 60% interest, LAW TIENG'S FARM LLC, a Hawaii limited
liability company, as to an undivided 20% interest, TONY TAN LAW and
MANYVONE LAW, husband and wife, as Tenants by the Entirety, as to an
undivided 10% interest, and HAE VIENGKHOU and PHOUANGPHET VIENGKHOU,
husband and wife, as Tenants by the Entirety, as to the remaining
undivided 10% interest, as Tenants in Common.
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR
JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE
FAT LAW'S FARM, INC., a Hawaii corporation, as to
an undivided sixty percent (60%) interest, LAW
TIENG'S FARM LLC, a Hawaii limited liability
company, as to an undivided twenty percent (20%)
interest, TONY TAN LAW and MANYVONE LAW, husband
and wife, as Tenants by the Entirety, as to an
undivided ten percent (10%) interest, and HAE
VIENGKHOU and PHOUANGPHET VIENGKHOU, husband and
wife, as Tenants by the Entirety, as to the
remaining undivided ten percent (10%) interest, as
Tenants in Common
DATED
FILED
as of January 23, 2008
Land Court Document No. 3704219
END OF SCHEDULE C
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 11
-------
GENERAL NOTES
1. There is hereby omitted from any covenants, conditions and
reservations contained herein any covenant or restriction based
on race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin,
ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law. Lawful restrictions
under state or federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page
-------
GUIDELINES FOR THE ISSUANCE OF INSURANCE
A. Taxes shown in Schedule B are as of the date such information is
available from the taxing authority. Evidence of payment of all
taxes and assessments subsequent to such date must be provided
prior to recordation.
B. Evidence of authority regarding the execution of all documents
pertaining to the transaction is required prior to recordation.
This includes corporate resolutions, copies of partnership
agreements, powers of attorney and trust instruments.
C. If an entity (corporation, partnership, limited liability company,
etc.) is not registered in Hawaii, evidence of its formation and
existence under the laws where such entity is formed must be
presented prior to recordation.
D. If the transaction involves a construction loan, the following is
required:
(1) a letter confirming that there is no construction prior to
recordation; or
(2) if there is such construction, appropriate indemnity
agreements, financial statements and other relevant information
from the owner, developer, general contractor and major sub-
contractors must be submitted to the Title Company for approval
at least one week prior to the anticipated date of recordation.
Forms are available upon request from Title Guaranty of Hawaii.
E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable
tolerances for discrepancies in structures or improvements relative
to private property boundaries for various classes of real
property. If your survey map shows a position discrepancy that
falls within the tolerances of Chapter 669, call your title officer
as affirmative coverage may be available to insured lenders.
F. The right is reserved to make additional exceptions and/or
requirements upon examination of all documents submitted in
connection with this transaction.
G. If a policy of title insurance is issued, it will exclude from
coverage all matters set forth in Schedule B of this report and in
the printed Exclusions from Coverage contained in an ALTA policy or
in the Hawaii Standard Owner's Policy, as applicable. Different
forms may have different exclusions and should be reviewed. Copies
of the policy forms are available upon request from Title Guaranty
of Hawaii or on our website at www.tghawaii.com.
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 13
-------
DATE PRINTED: 2/19/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: SYNGENTA HAWAII LLC
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 004 Oil 0000
CLASS: 5 AREA ASSESSED: 11.129 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records of this division show the assessed values and taxes on
the property designated by Tax Key shown above are as follows:
BUILDING
EXEMPTION
NET VALUE
LAND
EXEMPTION
NET VALUE
TOTAL NET VALUE $
Installment (1 - due 8/20; 2 - due 2/20)
Tax Installment Tax
Year Amount
Penalty
Amount
Interest
Amount
2009 2
2009 1
406.41
406.41
0
0
0
142,600
0
142,600
142,600
Tax Info As Of -
9/30/2009
Other
Amount
Total Amount Due:
Penalty and Interest Computed to: 9/30/2009
Total
Amount
406.41
406.41
406.41
PENDING
PAID
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 14
-------
DATE PRINTED: 2/19/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: FAT LAW'S FARM INC
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 004 010 0000
CLASS: 5 AREA ASSESSED: 425.963 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records of this division show the assessed values and taxes on
the property designated by Tax Key shown above are as follows:
BUILDING
EXEMPTION
NET VALUE
LAND
EXEMPTION
NET VALUE
TOTAL NET VALUE $
Installment (1 - due 8/20; 2 - due 2/20)
Tax Installment Tax
Year Amount
2009 2
2009 1
2,271.45
2,271.45
Penalty
Amount
136.29
Interest
Amount
0
0
0
797,000
0
797,000
797,000
Tax Info As Of -
9/30/2009
Other
Amount
Penalty and Interest Computed to:
48 .15
Total Amount Due:
9/30/2009
Total
Amount
2,271.45 PENDING
2,455.89 DELINQUENT
4,727.34
201004417B
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 15
-------
STATUS REPORT
Maximum liability limited to
$3,500.00
This report (and any revisions thereto) is issued solely for the
convenience of the titleholder, the titleholder's agent, counsel,
purchaser or mortgagee, or the person ordering it.
SCHEDULE A
Title Guaranty of Hawaii, Incorporated, hereby reports that, subject
to those matters set forth in Schedule "B" hereof, the title to the
estate or interest to the land described in Schedule "C" hereof is
vested in:
SYNGENTA HAWAII, LLC,
a Hawaii limited liability company,
as Fee Owner
This report is dated as of February 5, 2010 at 8:00 a.m.
Inquiries concerning this report
should be directed to
OFELIA LOPEZ.
Email olopez0tghawaii.com
Fax (808) 521-0210
Telephone (808) 533-5831.
Refer to Order No. 201004417C.
201004417C
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 1
-------
SCHEDULE B
EXCEPTIONS
1. Real Property Taxes, if any, that may be due and owing.
Tax Key: (1) 9-2-004-003 Area Assessed: 19.296 acres
-Note:- Attention is invited to the fact that the premises
covered herein may be subject to possible rollback or
retroactive property taxes.
2. The terms and provisions contained in the following:
INSTRUMENT : TRUSTEES LIMITED WARRANTY DEED
DATED
FILED
RECORDED
November 1, 2 006
Land Court Document No. 35059i
Document No. 2006-198463
3. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF SITE ACCESS; JOINDER
DATED : (acknowledged October 15, 2007, October 30,
2007, and November 2, 2 00 7
FILED : Land Court Document No.3676945
RECORDED : Document No.2007-193800
4. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF ENVIRONMENTAL RESTRICTIONS (WELL
RESTRICTION AREA)
DATED : (acknowledged October 15, 2007, October 30,
2007, and November 2, 2 00 7
FILED : Land Court Document No.3676946
RECORDED : Document No.2007-193801
201004417C
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 2
-------
SCHEDULE B CONTINUED
5. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS
DATED
FILED
RECORDED
December 13, 2007
Land Court Document No. 3694441
Document No. 2007-219110
Said Declaration amended and restated in its entirety by
instrument dated August 21, 2008, filed as Land Court Document
No. 3782044, and recorded as Document No. 2008-133157.
6. The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND
RESERVATION OF RIGHTS
DATED : September 3, 20 08
FILED : Land Court Document No. 3785831
7. Claims arising out of customary and traditional rights and
practices, including without limitation those exercised for
subsistence, cultural, religious, access or gathering purposes,
as provided for in the Hawaii Constitution or the Hawaii Revised
Statutes.
8. Any claim or boundary dispute which may exist or arise by reason
of the failure of the GRANT OF NONEXCLUSIVE EASEMENTS (ACCESS,
WATERLINE AND OTHER UTILITY PURPOSES) dated September 3, 2008,
filed as Land Court Document No. 3785832, referred to in Schedule
C, to locate with certainty the boundaries of the easement area
which is approximately one hundred fifteen (115) feet wide
extending approximately fifty-seven and one-half (57-1/2) feet on
each side of the centerline graphically shown on Exhibit A
attached thereto, described in said instrument.
201004417C
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 3
-------
SCHEDULE B CONTINUED
9. The unrecorded leases and permit and matters arising from or
affecting the same, described as follows:
Lease of Right of Way dated December 8, 1937, in favor of
Hawaiian Electric Company, Inc. (Easement No. E00782800), the
term of which is month to month, subject to earlier termination
pursuant to the terms thereof.
END OF SCHEDULE B
201004417C
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 4
-------
SCHEDULE C
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT M-9-A, area 19.296 acres, more or less, as shown on Map 6, filed
in the Office of the Assistant Registrar of the Land Court of the
State of Hawaii with Land Court Application No. 1069 of the Trustees
under the Will and of the Estate of James Campbell, deceased.
Being the land(s) described in Transfer Certificate of Title No.
921,358 issued to SYNGENTA HAWAII, LLC, a Hawaii limited liability
company.
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR : JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE : SYNGENTA HAWAII, LLC, a Hawaii limited liability
company
DATED : September 3, 20 08
FILED : Land Court Document No. 3785831
Together with a nonexclusive easement for vehicular and pedestrian
access to and from Kunia Road (a public highway) and for waterline and
other utility purposes, as granted by GRANT OF NONEXCLUSIVE EASEMENTS
(ACCESS, WATERLINE AND OTHER UTILITY PURPOSES) dated September 3,
2008, filed as Land Court Document No. 3785832; and subject to the
terms and provisions contained therein. Said easement over an
easement area approximately one hundred fifteen (115) feet wide
extending approximately fifty-seven and one-half (57 1/2) feet on each
side of the center line graphically shown on Exhibit A attached
thereto, and located within the land described in Exhibit B attached
thereto.
END OF SCHEDULE C
201004417C © Title Guaranty of Hawaii, Inc. Page 5
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
GENERAL NOTES
1. There is hereby omitted from any covenants, conditions and
reservations contained herein any covenant or restriction based
on race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin,
ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law. Lawful restrictions
under state or federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.
201004417C
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
-------
GUIDELINES FOR THE ISSUANCE OF INSURANCE
A. Taxes shown in Schedule B are as of the date such information is
available from the taxing authority. Evidence of payment of all
taxes and assessments subsequent to such date must be provided
prior to recordation.
B. Evidence of authority regarding the execution of all documents
pertaining to the transaction is required prior to recordation.
This includes corporate resolutions, copies of partnership
agreements, powers of attorney and trust instruments.
C. If an entity (corporation, partnership, limited liability company,
etc.) is not registered in Hawaii, evidence of its formation and
existence under the laws where such entity is formed must be
presented prior to recordation.
D. If the transaction involves a construction loan, the following is
required:
(1) a letter confirming that there is no construction prior to
recordation; or
(2) if there is such construction, appropriate indemnity
agreements, financial statements and other relevant information
from the owner, developer, general contractor and major sub-
contractors must be submitted to the Title Company for approval
at least one week prior to the anticipated date of recordation.
Forms are available upon request from Title Guaranty of Hawaii.
E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable
tolerances for discrepancies in structures or improvements relative
to private property boundaries for various classes of real
property. If your survey map shows a position discrepancy that
falls within the tolerances of Chapter 669, call your title officer
as affirmative coverage may be available to insured lenders.
F. The right is reserved to make additional exceptions and/or
requirements upon examination of all documents submitted in
connection with this transaction.
G. If a policy of title insurance is issued, it will exclude from
coverage all matters set forth in Schedule B of this report and in
the printed Exclusions from Coverage contained in an ALTA policy or
in the Hawaii Standard Owner's Policy, as applicable. Different
forms may have different exclusions and should be reviewed. Copies
of the policy forms are available upon request from Title Guaranty
of Hawaii or on our website at www.tghawaii.com.
201004417C
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 7
-------
DATE PRINTED: 2/19/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: SYNGENTA HAWAII LLC
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 004 003 0000
CLASS: 5 AREA ASSESSED: 19.296 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records
of this division show
the assessed values and taxes on
the property
designated
by Tax Key
shown above are as follows:
BUILDING
$
0
EXEMPTION
$
0
NET VALUE
$
0
LAND
$
36,100 AGRICULTURAL USE VALUE
EXEMPTION
$
0
NET VALUE
$
36,100
TOTAL NET
VALUE $
36,100
Installment (1 - due
8/20; 2 - due 2/20)
Tax Info As Of - 9/30/2009
Tax Installment Tax
Penalty
Interest
Other Total
Year Amount
Amount
Amount
Amount Amount
2009 2 102.88
102.88 PENDING
2009 1 102.89
102.89 PAID
2008 2 83.79
83.79 PAID
2008 1 83.79
83.79 PAID
Total Amount Due: 102.88
Penalty and Interest Computed to:
9/30/2009
201004417C © Title Guaranty of Hawaii, Inc. Page 8
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
STATUS REPORT
Maximum liability limited to
$3,500.00
This report (and any revisions thereto) is issued solely for the
convenience of the titleholder, the titleholder's agent, counsel,
purchaser or mortgagee, or the person ordering it.
SCHEDULE A
Title Guaranty of Hawaii, Incorporated, hereby reports that, subject
to those matters set forth in Schedule "B" hereof, the title to the
estate or interest to the land described in Schedule "C" hereof is
vested in:
SYNGENTA HAWAII, LLC,
a Hawaii limited liability company,
as to LOTS 171 and 416, and
JAMES CAMPBELL COMPANY, LLC,
a Delaware limited liability company,
as to LOT M-8-B,
as Fee Owner
This report is dated as of February 5, 2010 at 8:00 a.m.
Inquiries concerning this report
should be directed to
OFELIA LOPEZ.
Email olopez0tghawaii.com
Fax (808) 521-0210
Telephone (808) 533-5831.
Refer to Order No. 201004417D.
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 1
-------
SCHEDULE B
EXCEPTIONS
1. Real Property Taxes, if any, that may be due and owing.
Parcel First and Second is(are) covered by Tax Key: (1) 9-2-004-
012 .
Parcel Third is(are) covered by Tax Key: (1) 9-2-004-013.
-Note:- Attention is invited to the fact that the premises
covered herein may be subject to possible rollback or
retroactive property taxes.
2. -AS LOT 171:-
Any rights or interests which may exist or arise by reason of the
following facts shown on survey map prepared by Kevin K. Kea,
Land Surveyor, with Ace Land Surveying LLC, dated January 16,
2007 :
(A) Old leaning barb wire fence meanders between adjoining lot
and subject lot, ownership unknown; and
(B) Old leaning barb wire fence crosses between adjoining lot
and subject lot, ownership unknown.
3. -AS TO LOT 416:-
(A) GRANT
TO
EDMUND C. OLSON, as Trustee of the Edmund C. Olson
Trust No. 2 under agreement dated August 21, 1985
DATED
FILED
GRANTING
July 14, 2006
Land Court Document No. 3452986
a nonexclusive easement for vehicular and
pedestrian access to and from Kunia Road (a public
highway) and for waterline and other utility
purposes
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 2
-------
SCHEDULE B CONTINUED
(B) GRANT
TO
DATED
FILED
GRANTING
MONSANTO COMPANY, a Delaware corporation
July 18, 2007
Land Court Document No. 3630150
a nonexclusive easement for vehicular and
pedestrian access to and from Kunia Road (a public
highway) and for waterline and other utility
purposes
(C) Any rights or interests which may exist or arise by reason
of the following facts shown on survey map prepared by Kevin
K. Kea, Land Surveyor, with Ace Land Surveying LLC, dated
January 16, 2007:
(1) Barb wire fence appurtenant to adjoining lot extends
36.1' into subject lot; and
(2) Barb wire fence meanders across subject lot and
adjoining lot, for its entire length, ownership is
unknown.
(D) The terms and provisions contained in the following:
INSTRUMENT : ENCROACHMENT AGREEMENT AND LICENSE
DATED
FILED
PARTIES
RE
December 8, 2 00 8
Land Court Document No.
3813697
EDMUND C. OLSON, as Trustee of the Edmund C. Olson
Trust No. 2 under agreement dated August 21, 1985;
and SYNGENTA HAWAII, LLC, a Hawaii limited
liability company
a portion of waterline crossing portion of Lot 416
4. -AS TO LOT M-8-B:-
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 3
-------
SCHEDULE B CONTINUED
(A) DESIGNATION OF EASEMENT "49" (40 feet wide)
SHOWN : on Maps 10 and 23, as set forth by Land Court Order
No. 4113, filed August 5, 1940
Said Easement "49" was amended by Land Court Order No.
17969, filed April 1, 1960, to reduce the width of said
easement from 40 feet to 30 feet.
(B) -AS TO EASEMENT "49":-
Access rights in favor of Lot 17534 (as shown on Map 1338), as
set forth by Land Court Order No. 172495, filed October 22, 2007.
(C) The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF SITE ACCESS; JOINDER
DATED : , 2007 (acknowledged October 15, 2007, October
30, 2 00 7 and November 2, 2007)
FILED : Land Court Document No. 3676945
RECORDED : Document No. 2007-193800
Joinders by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and DEL
MONTE FRESH PRODUCE (HAWAII), INC., a Delaware corporation.
(D) The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF ENVIRONMENTAL RESTRICTION (WELL
RESTRICTION AREA); JOINDER
DATED : , 2007 (acknowledged October 15, 2007, October
30, 2 00 7 and November 2, 2007)
FILED : Land Court Document No. 3676946
RECORDED : Document No. 2007-193801
Joinders by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and DEL
MONTE FRESH PRODUCE (HAWAII), INC., a Delaware corporation.
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 4
-------
SCHEDULE B CONTINUED
(E) GRANT OF PRIVATE WATERLINE EASEMENT
TO
SYNGENTA HAWAII, LLC, a Hawaii limited liability
company
DATED
FILED
GRANTING
September 3, 2 00 8
Land Court Document No.3785842
a nonexclusive easement for underground water
pipeline(s) through the easement area shown on map
attached thereto as Exhibit "A"
(F) GRANT OF NONEXCLUSIVE EASEMENT (ACCESS ONLY)
TO : ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
DATED : December 10, 2 00 8
FILED : Land Court Document No.3812213
GRANTING : a nonexclusive easement solely for vehicular and
pedestrian access in favor of Lot 17846 of Land
Court Application No. 1069, as shown on Map 1370,
said easement shown on map attached thereto as
Exhibit "A"
(G) GRANT OF NONEXCLUSIVE EASEMENT (ACCESS AND UTILITY PURPOSES)
TO : GILL-OLSON JOINT VENTURE, a Hawaii Joint Venture
DATED : September 30, 20 09
FILED : Land Court Document No.3903239
GRANTING : a nonexclusive easement over said Easement "49"
solely for vehicular and pedestrian access to and
from Kunia Road (a public highway) and for utility
purposes, in favor of the Benefitted Property more
particularly described therein
(H) GRANT OF NONEXCLUSIVE EASEMENT (ACCESS AND UTILITY PURPOSES)
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 5
-------
SCHEDULE B CONTINUED
TO
EDMUND C. OLSON, AS TRUSTEE OF THE EDMUND C. OLSON
TRUST NO. 2 UNDER AGREEMENT DATED AUGUST 21, 1985
DATED : September 30, 20 09
FILED : Land Court Document No.3903245
GRANTING : a nonexclusive easement over said Easement "49"
solely for vehicular and pedestrian access to and
from Kunia Road (a public highway) and for utility
purposes, in favor of Lot 12006 (as shown on Map
885)
(I) GRANT OF NONEXCLUSIVE EASEMENT (ACCESS AND UTILITY PURPOSES)
TO
THE TRUST FOR PUBLIC LAND, a California nonprofit
public benefit corporation
DATED
September 30, 20 09
FILED : Land Court Document No.3903249
GRANTING : a nonexclusive easement over said Easement "49"
solely for vehicular and pedestrian access to and
from Kunia Road (a public highway) and for utility
purposes, in favor of Lot 18717 (as shown on Map
1468)
(J) GRANT OF NONEXCLUSIVE EASEMENT (ACCESS ONLY)
TO
THE TRUST FOR PUBLIC LAND, a California nonprofit
public benefit corporation
DATED
FILED
GRANTING
September 30, 20 09
Land Court Document No.3903251
a nonexclusive easement solely for vehicular and
pedestrian access in favor of Lot 18717 (as shown
on Map 1468), provided that the use of the easement
area by the general public is prohibited
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
-------
SCHEDULE B CONTINUED
(K) Claims arising out of the failure to convey the land
described herein together with an easement or right of
access.
-Note:- This will be deleted from the policy if such conveyance
occurs prior to the policy date.
(L) Water rights, claims or title to water, whether or not shown
by the public records.
(M) Discrepancies, conflicts in boundary lines, shortage in
area, encroachments or any other matters which a correct
survey or archaeological study would disclose.
(N) Any unrecorded leases and matters arising from or affecting
the same.
5. The terms and provisions contained in the following:
INSTRUMENT : TRUSTEES LIMITED WARRANTY DEED
DATED
FILED
RECORDED
November 1, 2 006
Land Court Document No. 35059i
Document No. 2006-198463
6. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS
DATED
FILED
RECORDED
December 13, 2007
Land Court Document No. 3694441
Document No. 2007-219110
Said Declaration amended and restated in its entirety by
instrument dated August 21, 2008, filed as Land Court Document
No. 3782044, and recorded as Document No. 2008-133157.
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 7
-------
SCHEDULE B CONTINUED
7. Claims arising out of customary and traditional rights and
practices, including without limitation those exercised for
subsistence, cultural, religious, access or gathering purposes,
as provided for in the Hawaii Constitution or the Hawaii Revised
Statutes.
8. -AS TO LOTS 171 AND 416:-
(A) The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND
RESERVATION OF RIGHTS
DATED : September 3, 20 08
FILED : Land Court Document No. 3785831
(B) -AS TO LOTS 171 AND 416:-
Any claim or boundary dispute which may exist or arise by reason
of the failure of the GRANT OF NONEXCLUSIVE EASEMENTS (ACCESS,
WATERLINE AND OTHER UTILITY PURPOSES) dated September 3, 2008,
filed as Land Court Document No. 3785832, referred to in Schedule
C, to locate with certainty the boundaries of the easement area
which is approximately one hundred fifteen (115) feet wide
extending approximately fifty-seven and one-half (57-1/2) feet on
each side of the centerline graphically shown on Exhibit A
attached thereto, described in said instrument.
END OF SCHEDULE B
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 8
-------
SCHEDULE C
-PARCEL FIRST:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 171, area 1.319 acres, more or less, as shown on Map 27, filed in
the Office of the Assistant Registrar of the Land Court of the State
of Hawaii with Land Court Application No. 1069 of the Trustees under
the Will and of the Estate of James Campbell, deceased.
Being the land(s) described in Transfer Certificate of Title No.
921,360 issued to SYNGENTA HAWAII, LLC, a Hawaii limited liability
company.
-PARCEL SECOND:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 416, area 91.99 acres, more or less, as shown on Map 16_, filed in
the Office of the Assistant Registrar of the Land Court of the State
of Hawaii with Land Court Application No. 1069 of the Trustees under
the Will and of the Estate of James Campbell, deceased.
Together with access to Kunia Road over existing roads within Lot 170,
as set forth by Land Court Order No. 15399, filed May 14, 1957.
-Note:- Lot 170 was subdivided into Lots 878, 879, and 880, as shown
on Map 109, by Land Court Order No. 17935, filed March 17,
1960.
Being the land(s) described in Transfer Certificate of Title No.
921,361 issued to SYNGENTA HAWAII, LLC, a Hawaii limited liability
company.
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 9
-------
SCHEDULE C CONTINUED
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR
JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE
SYNGENTA HAWAII, LLC, a Hawaii limited liability
company
DATED
FILED
September 3, 20 08
Land Court Document No. 3785831
Together with a nonexclusive easement for vehicular and pedestrian
access to and from Kunia Road (a public highway) and for waterline and
other utility purposes, as granted by GRANT OF NONEXCLUSIVE EASEMENTS
(ACCESS, WATERLINE AND OTHER UTILITY PURPOSES) dated September 3,
2008, filed as Land Court Document No. 3785832; and subject to the
terms and provisions contained therein. Said easement over an
easement area approximately one hundred fifteen (115) feet wide
extending approximately fifty-seven and one-half (57 1/2) feet on each
side of the center line graphically shown on Exhibit A attached
thereto, and located within the land described in Exhibit B attached
thereto.
-PARCEL THIRD:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT M-8-B, area 854.23 acres, more or less, as shown on Map 5, filed
in the Office of the Assistant Registrar of the Land Court of the
State of Hawaii with Land Court Application No. 1069 of the Trustees
under the Will and of the Estate of James Campbell, deceased;
Being the lands(s) described in Transfer Certificate of Title No.
830,900 issued to JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company.
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 10
-------
SCHEDULE C CONTINUED
BEING THE PREMISES ACQUIRED BY TRUSTEES LIMITED WARRANTY DEED
GRANTOR
C.R. CHURCHILL, D.A. HEENAN, RICHARD W. GUSHMAN, II
and RONALD J. ZLATOPER, the duly appointed,
qualified and acting Trustees under the Will and of
the Estate of James Campbell, deceased, acting in
their fiduciary and not in their individual
capacities
GRANTEE
JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
DATED
FILED
November 1, 2 006
Land Court Document No.
3505988
END OF SCHEDULE C
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 11
-------
GENERAL NOTES
1. There is hereby omitted from any covenants, conditions and
reservations contained herein any covenant or restriction based
on race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin,
ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law. Lawful restrictions
under state or federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page
-------
GUIDELINES FOR THE ISSUANCE OF INSURANCE
A. Taxes shown in Schedule B are as of the date such information is
available from the taxing authority. Evidence of payment of all
taxes and assessments subsequent to such date must be provided
prior to recordation.
B. Evidence of authority regarding the execution of all documents
pertaining to the transaction is required prior to recordation.
This includes corporate resolutions, copies of partnership
agreements, powers of attorney and trust instruments.
C. If an entity (corporation, partnership, limited liability company,
etc.) is not registered in Hawaii, evidence of its formation and
existence under the laws where such entity is formed must be
presented prior to recordation.
D. If the transaction involves a construction loan, the following is
required:
(1) a letter confirming that there is no construction prior to
recordation; or
(2) if there is such construction, appropriate indemnity
agreements, financial statements and other relevant information
from the owner, developer, general contractor and major sub-
contractors must be submitted to the Title Company for approval
at least one week prior to the anticipated date of recordation.
Forms are available upon request from Title Guaranty of Hawaii.
E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable
tolerances for discrepancies in structures or improvements relative
to private property boundaries for various classes of real
property. If your survey map shows a position discrepancy that
falls within the tolerances of Chapter 669, call your title officer
as affirmative coverage may be available to insured lenders.
F. The right is reserved to make additional exceptions and/or
requirements upon examination of all documents submitted in
connection with this transaction.
G. If a policy of title insurance is issued, it will exclude from
coverage all matters set forth in Schedule B of this report and in
the printed Exclusions from Coverage contained in an ALTA policy or
in the Hawaii Standard Owner's Policy, as applicable. Different
forms may have different exclusions and should be reviewed. Copies
of the policy forms are available upon request from Title Guaranty
of Hawaii or on our website at www.tghawaii.com.
Page-13
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 13
-------
DATE PRINTED: 2/24/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: SYNGENTA HAWAII LLC
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 004 012 0000
CLASS: 5 AREA ASSESSED: 93.309 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records of this division show the assessed values and taxes on
the property designated by Tax Key shown above are as follows:
BUILDING
EXEMPTION
NET VALUE
LAND
EXEMPTION
NET VALUE
TOTAL NET VALUE $
Installment (1 - due 8/20; 2 - due 2/20)
Tax Installment Tax Penalty Interest
Year Amount Amount Amount
0
0
0
174,600
0
174,600
174,600
Tax Info As Of -
9/30/2009
Other
Amount
Total
Amount
2009 2
2009 1
497.61
497.61
497.61
497.61
PENDING
PAID
Total Amount Due:
Penalty and Interest Computed to: 9/30/2009
Page-14
497.61
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 14
-------
DATE PRINTED: 2/24/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: JAMES CAMPBELL COMPANY LLC
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 004 013 0000
CLASS: 5 AREA ASSESSED: 854.230 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records of this division show the assessed values and taxes on
the property designated by Tax Key shown above are as follows:
BUILDING
EXEMPTION
NET VALUE
LAND
EXEMPTION
NET VALUE
$ 0
$ 0
$ 0
$ 10,636,100
$ 0
$ 10,636,100
TOTAL NET VALUE $ 10,636,100
Installment (1 - due 8/20; 2 - due 2/20) Tax Info As Of -
9/30/2009
Tax Installment Tax Penalty Interest
Year Amount Amount Amount
Other
Amount
Total
Amount
2009 2
2009 1
30.312.88
30.312.89
Total Amount Due:
Penalty and Interest Computed to: 9/30/2009
Page-15
26,220.00
30,312.89
26,220.00
PENDING
PAID
201004417D
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 15
-------
STATUS REPORT
Maximum liability limited to
$3,500.00
This report (and any revisions thereto) is issued solely for the
convenience of the titleholder, the titleholder's agent, counsel,
purchaser or mortgagee, or the person ordering it.
SCHEDULE A
Title Guaranty of Hawaii, Incorporated, hereby reports that, subject
to those matters set forth in Schedule "B" hereof, the title to the
estate or interest to the land described in Schedule "C" hereof is
vested in:
SYNGENTA HAWAII, LLC,
a Hawaii limited liability company,
as Fee Owner
This report is dated as of February 5, 2010 at 8:00 p.m.
Inquiries concerning this report
should be directed to
OFELIA LOPEZ.
Email olopez0tghawaii.com
Fax (808) 521-0210
Telephone (808) 533-5831.
Refer to Order No. 201004417E.
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 1
-------
SCHEDULE B
EXCEPTIONS
1. Real Property Taxes, if any, that may be due and owing.
Tax Key: (1) 9-2-004-006 Area Assessed: 724.893 acres
-Note:- Attention is invited to the fact that the premises
covered herein may be subject to possible rollback or
retroactive property taxes.
2. -AS TO LOT 8 78:-
(A) Access rights in favor of Lot 881, as set forth by Land
Court Order No. 17936, filed March 17, 1960.
(B) Any rights or interests which may exist or arise by reason
of the following facts shown on survey map prepared by Kevin
K. Kea, Land Surveyor, with Ace Land Surveying LLC, dated
January 16, 2007:
(1) Old leaning barb wire fence crosses between adjoining
lot and subject lot, ownership unknown;
(2) Barb wire fence crosses through subject lot and
adjoining lot, ownership unknown;
(3) Rip rap crosses through subject lot and adjoining lot,
ownership unknown; and
(4) Exposed pipe crosses through subject lot, ownership
unknown.
3. -AS TO LOT 8 79:-
(A) DESIGNATION OF EASEMENT "290" (75 feet wide)
PURPOSE : electric powerline
SHOWN : on Mapl31, as set forth by Land Court Order No.
20062, filed May 16, 1962
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 2
-------
SCHEDULE B CONTINUED
(B) DESIGNATION OF EASEMENT "292" (75 feet wide)
PURPOSE : electric powerline
SHOWN : on Map 131, as set forth by Land Court Order No.
20062, filed May 16, 1962
(C) GRANT
TO
THE HAWAIIAN ELECTRIC COMPANY, LIMITED, a Hawaii
corporation, now known as HAWAIIAN ELECTRIC
COMPANY, INC.
DATED
FILED
GRANTING
November 16, 1962
Land Court Document No. 322521
a perpetual right of way in the nature of an
easement for utility purposes, over said Easements
"290" and "292"
Said Grant was amended by instrument dated October 21, 1977,
filed as Land Court Document No. 962648.
(D) GRANT
TO
DATED
FILED
GRANTING
EDMUND C. OLSON, as Trustee of the Edmund C. Olson
Trust No. 2 under agreement dated August 21, 1985
July 14, 2006
Land Court Document No. 3452986
a nonexclusive easement for vehicular and
pedestrian access to and from Kunia Road (a public
highway) and for waterline and other utility
purposes
(E) Any rights or interests which may exist or arise by reason
of the following facts shown on survey map prepared by Kevin
K. Kea, Land Surveyor, with Ace Land Surveying LLC, dated
January 16, 2007:
Exposed pipe crosses through subject lot, ownership is
unknown.
201004417E © Title Guaranty of Hawaii, Inc. Page 3
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
SCHEDULE B CONTINUED
(F) GRANT
TO
EDMUND C. OLSON, as Trustee of the EDMUND C. TRUST
NO. 2 under agreement dated August 21, 1985, and
MONSANTO COMPANY, a Delaware corporation
DATED : September 3, 2 00 8
FILED : Land Court Document No.3585840
GRANTING : a nonexclusive easement in common with the Grantor
and others, for private overhead electrical power
line purposes only, which easement area is
approximately twenty-five (25) feet wide and
graphically shown as Easement "E-5" and Easement
"E-7" on Exhibit A attached thereto
-NOTE:- Above Easements "E-5" and "E-7" are not designated and
filed in Land Court Application No. 1069, in the Office
of the Assistant Registrar of the Land Court of the
State of Hawaii.
(G) GRANT
TO
DATED
FILED
GRANTING
MONSANTO COMPANY, a Delaware corporation
July 18, 2007
Land Court Document No.3630150
a nonexclusive easement for vehicular and
pedestrian access to and from Kunia Road (a public
highway) and for waterline and other utility
purposes
(H) GRANT
TO
DATED
FILED
GRANTING
EDMUND C. OLSON, as Trustee of the Edmund C. Olson
Trust No. 2 under Agreement dated August 21, 1985;
MONSANTO COMPANY, a Delaware corporation
September 3, 2 00 8
Land Court Document No.3785840
an easement over said Easements
electrical purposes.
"E-5" and "E-7" for
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 4
-------
SCHEDULE B CONTINUED
(I) The terms and provisions contained in the following:
INSTRUMENT : ENCROACHMENT AGREEMENT AND LICENSE
DATED
FILED
PARTIES
RE
December 8, 2 00 8
Land Court Document No.
3813697
EDMUND C. OLSON, as Trustee of the Edmund C. Olson
Trust No. 2 under agreement dated August 21, 1985;
and SYNGENTA HAWAII, LLC, a Hawaii limited
liability company
a portion of waterline crossing portion of Lot 879
4. -AS TO LOT 8 80:-
(A) Well designated as BMW-5, as shown on survey map prepared by
Kevin K. Kea, Land Surveyor, with Ace Land Surveying LLC,
dated January 16, 2007.
(B) Any rights or interests which may exist or arise by reason
of the following facts shown on survey map prepared by Kevin
K. Kea, Land Surveyor, with Ace Land Surveying LLC, dated
January 16, 2007:
Rip rap crosses through subject and adjoining lot, ownership
unknown.
5. -AS TO LOTS 878, 879, and 880:-
Easement or access rights in favor of Lot 416, as shown on Map
76, as set forth by Land Court Order No. 15399, filed May 14,
1957 .
6. The terms and provisions contained in the following:
INSTRUMENT : TRUSTEES LIMITED WARRANTY DEED
DATED
FILED
RECORDED
November 1, 2 006
Land Court Document No. 3505988
Document No. 2006-198463
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 5
-------
SCHEDULE B CONTINUED
7. -AS TO LOTS 169 and 880:-
(A) The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF SITE ACCESS; JOINDER
DATED : (acknowledged October 15, 2007, October 30,
2 00 7, and November 2, 2 00 7
FILED : Land Court Document No.3676945
RECORDED : Document No.2007-193800
(B) The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF ENVIRONMENTAL RESTRICTIONS (WELL
RESTRICTION AREA)
DATED : (acknowledged October 15, 2007, October 30,
2 00 7, and November 2, 2 007)
FILED : Land Court Document No.3676946
RECORDED : Document No.2007-193801
The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS
DATED
FILED
RECORDED
December 13, 2007
Land Court Document No. 3694441
Document No. 2007-219110
Said Declaration amended and restated in its entirety by
instrument dated August 21, 2008, filed as Land Court Document
No. 3782044, and recorded as Document No. 2008-133157.
9 .
-AS TO LOTS 878 and 880:-
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
-------
SCHEDULE B CONTINUED
GRANT
TO : (a) FAT LAW'S FARM, INC., a Hawaii corporation, as
to an undivided sixty percent (60%) interest, (b)
LAW TIENG'S FARM LLC, a Hawaii limited liability
company, as to an undivided twenty percent (20%)
interest, (c) TONY TAN LAW and MANYVONE LAW,
husband and wife, as to an undivided ten percent
(10%) interest, as Tenants by the Entirety, and (d)
HAE VIENGKHOU and PHOUANGPHET VIENGKHOU, husband
and wife, as to an undivided ten percent (10%)
interest, as Tenants by the Entirety, as Tenants in
Common
January 23, 2008
Land Court Document No. 3 70 4220
a perpetual nonexclusive easement for water
pipeline purposes as shown on the map attached
therein
DATED
FILED
GRANTING
10. The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND
RESERVATION OF RIGHTS
DATED : September 3, 20 08
FILED : Land Court Document No. 3785831
11. Claims arising out of customary and traditional rights and
practices, including without limitation those exercised for
subsistence, cultural, religious, access or gathering purposes,
as provided for in the Hawaii Constitution or the Hawaii Revised
Statutes.
12. Any claim or boundary dispute which may exist or arise by reason
of the failure of the GRANT OF NONEXCLUSIVE EASEMENTS (ACCESS,
WATERLINE AND OTHER UTILITY PURPOSES) dated September 3, 2008,
filed as Land Court Document No. 3785832, referred to in Schedule
C, to locate with certainty the boundaries of the easement area
which is approximately one hundred fifteen (115) feet wide
extending approximately fifty-seven and one-half (57-1/2) feet on
each side of the centerline graphically shown on Exhibit A
attached thereto, described in said instrument.
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 7
-------
SCHEDULE B CONTINUED
13. The unrecorded leases and permit and matters arising from or
affecting the same, described as follows:
(A) -AS TO LOT 169 ONLY:-
Lease of Right of Way dated December 8, 1937, in favor of
Hawaiian Electric Company, Inc. (Easement No. E00782800),
the term of which is month to month, subject to earlier
termination pursuant to the terms thereof.
(B) -AS TO LOT 8 79 ONLY:-
Well Construction Permit dated May 10, 2001 (Ewa-Kunia Mauka
Deep Monitor, State of Hawaii Well No. 2404-01) issued by
the Commission on Water Resource Management, State of
Hawaii, Department of Land and Natural Resources, to the
State of Hawaii, Department of Land and Natural Resources,
for construction of a deep water monitoring well (Agreement
No. A01191300), the term of which expired on May 7, 2003.
END OF SCHEDULE B
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 8
-------
SCHEDULE C
-PARCEL FIRST:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 169, area 0.693 acre, more or less, as shown on Map 27, filed in
the Office of the Assistant Registrar of the Land Court of the State
of Hawaii with Land Court Application No. 1069 of the Trustees under
the Will and of the Estate of James Campbell, deceased.
Being the land(s) described in Transfer Certificate of Title No.
921,359 issued to SYNGENTA HAWAII, LLC, a Hawaii limited liability
company.
-PARCEL SECOND:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 878, area 432.503 acres, more or less, as shown on Map 10 9, filed
in the Office of the Assistant Registrar of the Land Court of the
State of Hawaii with Land Court Application No. 1069 of the Trustees
under the Will and of the Estate of James Campbell, deceased;
Together with access to Kunia Road over Lot L, as set forth by Land
Court Order No. 17935, filed March 17, 1960;
Being the land(s) described in Transfer Certificate of Title No.
921,362 issued to SYNGENTA HAWAII, LLC, a Hawaii limited liability
company.
-PARCEL THIRD:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 9
-------
SCHEDULE C CONTINUED
LOT 879, area 198.580 acres, more or less, as shown on Map 10 9, filed
in the Office of the Assistant Registrar of the Land Court of the
State of Hawaii with Land Court Application No. 1069 of the Trustees
under the Will and of the Estate of James Campbell, deceased;
Together with access to Kunia Road over Lot L, as set forth by Land
Court Order No. 17935, filed March 17, 1960;
Being the land(s) described in Transfer Certificate of Title No.
921,363 issued to SYNGENTA HAWAII, LLC, a Hawaii limited liability
company.
-PARCEL FOURTH:-
All of that certain parcel of land situate Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 880, area 93.117 acres, more or less, as shown on Map 109, filed
in the Office of the Assistant Registrar of the Land Court of the
State of Hawaii with Land Court Application No. 1069 of the Trustees
under the Will and of the Estate of James Campbell, deceased.
Being the land(s) described in Transfer Certificate of Title No.
921,364 issued to SYNGENTA HAWAII, LLC, a Hawaii limited liability
company.
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR
JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE
SYNGENTA HAWAII, LLC, a Hawaii limited liability
company
DATED
FILED
September 3, 20 08
Land Court Document No. 3785831
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page
-------
SCHEDULE C CONTINUED
-AS TO PARCELS FIRST THROUGH FOURTH:-
Together with a nonexclusive easement for vehicular and pedestrian
access to and from Kunia Road (a public highway) and for waterline and
other utility purposes, as granted by GRANT OF NONEXCLUSIVE EASEMENTS
(ACCESS, WATERLINE AND OTHER UTILITY PURPOSES) dated September 3,
2008, filed as Land Court Document No. 3785832; and subject to the
terms and provisions contained therein. Said easement over an
easement area approximately one hundred fifteen (115) feet wide
extending approximately fifty-seven and one-half (57 1/2) feet on each
side of the center line graphically shown on Exhibit A attached
thereto, and located within the land described in Exhibit B attached
thereto.
END OF SCHEDULE C
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 11
-------
GENERAL NOTES
1. There is hereby omitted from any covenants, conditions and
reservations contained herein any covenant or restriction based
on race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin,
ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law. Lawful restrictions
under state or federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page
-------
GUIDELINES FOR THE ISSUANCE OF INSURANCE
A. Taxes shown in Schedule B are as of the date such information is
available from the taxing authority. Evidence of payment of all
taxes and assessments subsequent to such date must be provided
prior to recordation.
B. Evidence of authority regarding the execution of all documents
pertaining to the transaction is required prior to recordation.
This includes corporate resolutions, copies of partnership
agreements, powers of attorney and trust instruments.
C. If an entity (corporation, partnership, limited liability company,
etc.) is not registered in Hawaii, evidence of its formation and
existence under the laws where such entity is formed must be
presented prior to recordation.
D. If the transaction involves a construction loan, the following is
required:
(1) a letter confirming that there is no construction prior to
recordation; or
(2) if there is such construction, appropriate indemnity
agreements, financial statements and other relevant information
from the owner, developer, general contractor and major sub-
contractors must be submitted to the Title Company for approval
at least one week prior to the anticipated date of recordation.
Forms are available upon request from Title Guaranty of Hawaii.
E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable
tolerances for discrepancies in structures or improvements relative
to private property boundaries for various classes of real
property. If your survey map shows a position discrepancy that
falls within the tolerances of Chapter 669, call your title officer
as affirmative coverage may be available to insured lenders.
F. The right is reserved to make additional exceptions and/or
requirements upon examination of all documents submitted in
connection with this transaction.
G. If a policy of title insurance is issued, it will exclude from
coverage all matters set forth in Schedule B of this report and in
the printed Exclusions from Coverage contained in an ALTA policy or
in the Hawaii Standard Owner's Policy, as applicable. Different
forms may have different exclusions and should be reviewed. Copies
of the policy forms are available upon request from Title Guaranty
of Hawaii or on our website at www.tghawaii.com.
201004417E
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 13
-------
DATE PRINTED: 2/22/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: SYNGENTA HAWAII LLC
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 004 006 0000
CLASS: 5
AREA ASSESSED: 724.893 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records
of this division show the assessed values and taxes on
the property
designated by Tax Key shown above are as follows:
BUILDING $ 2,600
EXEMPTION $ 0
NET VALUE $ 2,60 0
LAND $ 1,356,300 AGRICULTURAL USE VALUE
EXEMPTION $ 0
NET VALUE $ 1,356,300
TOTAL NET VALUE $ 1,358,900
Installment (1 - due
8/20; 2 - due 2/20) Tax Info As Of - 9/30/2009
Tax
Installment Tax
Penalty Interest Other Total
Year
Amount
Amount Amount Amount Amount
2009
2 3,872.86
3,872.86 PENDING
2009
1 3,872.87
3,872.87 PAID
2008
2 963.58
963.58 PAID
2008
1 963.59
963.59 PAID
Total Amount Due: 3,872.86
Penalty and Interest Computed to: 9/30/2009
201004417E © Title Guaranty of Hawaii, Inc. Page 14
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
STATUS REPORT
Maximum liability limited to
$3,500.00
This report (and any revisions thereto) is issued solely for the
convenience of the titleholder, the titleholder's agent, counsel,
purchaser or mortgagee, or the person ordering it.
SCHEDULE A
Title Guaranty of Hawaii, Incorporated, hereby reports that, subject
to those matters set forth in Schedule "B" hereof, the title to the
estate or interest to the land described in Schedule "C" hereof is
vested in:
ARMY HAWAII FAMILY HOUSING LLC,
a Delaware limited liability company,
as Fee Owner
This report is dated as of February 5, 2010 at 8:00 a.m.
Inquiries concerning this report
should be directed to
OFELIA LOPEZ.
Email olopez0tghawaii.com
Fax (808) 521-0210
Telephone (808) 533-5831.
Refer to Order No. 201004417F.
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 1
-------
SCHEDULE B
EXCEPTIONS
1. Real Property Taxes, if any, that may be due and owing.
Tax Key: (1) 9-2-005-001 Area Assessed: 3.983 acres
-Note:- Attention is invited to the fact that the premises
covered herein may be subject to possible rollback or
retroactive property taxes.
2. The terms and provisions contained in the following:
INSTRUMENT : TRUSTEES LIMITED WARRANTY DEED
DATED
FILED
RECORDED
November 1, 2 006
Land Court Document No. 35059i
Document No. 2006-198463
3. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF SITE ACCESS; JOINDER
DATED : , 2007 (acknowledged October 15, 2007,
October 30, 2007 and November 2, 2007)
FILED : Land Court Document No.3676945
RECORDED : Document No.2007-193800
4. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS
DATED
FILED
RECORDED
December 13, 2007
Land Court Document No. 3694441
Document No. 2007-219110
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 2
-------
SCHEDULE B CONTINUED
Said above Declaration has been amended and restated by AMENDED
AND RESTATED DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS dated August 21, 2008, filed as Land Court Document
No. 3782044, recorded as Document No. 2008-133157.
5. The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND
RESERVATION OF RIGHTS
DATED
FILED
RECORDED
as of December 10, 2008
Land Court Document No. 3812212
Document No. 2008-185856
6. REAL PROPERTY LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT
OF RENTS AND LEASES, FIXTURE FILING AND FINANCING STATEMENT
MORTGAGOR : ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
MORTGAGEE : U.S. BANK NATIONAL ASSOCIATION, a national banking
association
DATED : April 1, 2005, effective as of April 26, 2005
FILED : Land Court Document No. 3258660
RECORDED : Document No. 2005-082364
AMOUNT : $1,597,500,000.00 - covers the land described
herein, besides other land
ABOVE MORTGAGE AMENDED BY INSTRUMENT
DATED
FILED
RECORDED
RE
as of December 10, 2008
Land Court Document No. 3812214
Document No. 2008-185857
to add the land described in Schedule C to the
Mortgage
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 3
-------
SCHEDULE B CONTINUED
7. The terms and provisions contained in the following:
INSTRUMENT : ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS
DATED
RECORDED
PARTIES
RE
April 1, 2005
Document No. 2005-082365
ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company, as "Assignor", and U.S. BANK
NATIONAL ASSOCIATION, not in its individual
capacity, but solely as Trustee under a Trust
Indenture dated as of April 1, 2005, as "Assignee"
all rights, title and interest of Assignor to
insure the payment and performance of the Mortgage
(Not noted on Transfer Certificate(s) of Title referred to
herein)
ABOVE ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS AMENDED
BY INSTRUMENT
DATED
RECORDED
RE
as of December 10, 2008
Document No. 2008-185858
to add the land described in Schedule C
(Not noted on Transfer Certificate(s) of Title referred to
herein)
8. SECOND REAL PROPERTY LEASEHOLD MORTGAGE, SECURITY AGREEMENT,
ASSIGNMENT OF RENTS AND LEASES, FIXTURE FILING AND FINANCING
STATEMENT
MORTGAGOR : ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
MORTGAGEE : MBIA INSURANCE CORPORATION, a stock insurance
corporation duly organized and existing under the
laws of the State of New York, as indenture trustee
DATED
FILED
RECORDED
April 1, 2005, effective as of April , 2005
Land Court Document No. 3258661
Document No. 2005-082366
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 4
-------
SCHEDULE B CONTINUED
AMOUNT : obligations pursuant to Reimbursement Agreement
dated April 1, 2005 - covers the land described
herein, besides other land
ABOVE MORTGAGE AMENDED BY INSTRUMENT
DATED
FILED
RECORDED
RE
as of December 10, 2008
Land Court Document No. 3812215
Document No. 2008-185859
to add the land described in Schedule C to the
Mortgage
9. The terms and provisions contained in the following:
INSTRUMENT : SECOND ASSIGNMENT OF LEASES, RENTS AND SECURITY
DEPOSITS
DATED
RECORDED
PARTIES
RE
April 1, 2005
Document No. 2005-082367
Delaware limited
and MBIA
ARMY HAWAII FAMILY HOUSING LLC, a
liability company, as "Assignor",
INSURANCE CORPORATION, a New York stock insurance
corporation, as "Assignee"
all rights, title and interest of Assignor to
insure the payment and performance of the
Reimbursement Agreement dated April 1, 2005 and the
Second Mortgage
(Not noted on Transfer Certificate(s) of Title referred to
herein)
ABOVE SECOND ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS
AMENDED BY INSTRUMENT
DATED
RECORDED
RE
as of December 10, 2008
Document No. 2008-185860
to add the land described in Schedule C
(Not noted on Transfer Certificate(s) of Title referred to
herein)
201004417F © Title Guaranty of Hawaii, Inc. Page 5
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
SCHEDULE B CONTINUED
10. Encroachments or any other matters which a survey prepared after
November 27, 2006 would disclose.
11. Unrecorded leases and agreements, and matters arising from or
affecting the same.
12. LEASE UNRECORDED
LESSOR
ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
LESSEE
MONSANTO COMPANY, a Delaware corporation
DATED
TERM
October 30, 2009
Commence on November 1, 2009, and shall end on
October 31, 2039, unless earlier terminated
MEMORANDUM OF LEASE dated October 30, 20 09, filed as Land Court
Document No. 3916672, recorded as Document No. 2009-176891
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT dated
October 30, 2009, recorded as Document No. 2009-176892, filed as
Land Court Document No. 3916673, by and between U.S. BANK
NATIONAL ASSOCIATION, "Mortgagee", ARMY HAWAII FAMILY HOUSING
LLC, a Delaware limited liability company, "Landlord", and
MONSANTO COMPANY, a Delaware corporation, "Tenant"; re: said
Lease is subject and subordinate to the lien of Mortgage filed as
Land Court Document No. 3258660, recorded as Document No. 2005-
082364.
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
-------
SCHEDULE B CONTINUED
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT dated
October 30, 2009, recorded as Document No. 2009-176893, by and
between NATIONAL PUBLIC FINANCE GUARANTEE CORPORATION, a stock
insurance corporation, duly organized and existing under the laws
of the State of Illinois, as reinsurer of one or more financial
guaranty insurance policies pursuant to the Quota Share
Reinsurance Agreement, effective as of January 1, 2009, by and
between MBIA Insurance Corporation and MBIA Insurance Corp. of
Illinois, now known as Nation Public Finance Guarantee
Corporation, "Mortgagee", ARMY HAWAII FAMILY HOUSING LLC, a
Delaware limited liability company, "Landlord", and MONSANTO
COMPANY, a Delaware corporation, "Tenant"; re: said Lease is
subject and subordinate to the lien of Mortgage filed as Land
Court Document No. 3258661, recorded as Document No. 2005-082366.
(Not noted on Transfer Certificate(s) of Title referred to
herein)
END OF SCHEDULE B
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 7
-------
SCHEDULE C
-PARCEL FIRST:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT M-4, area 3.307 acres, more or less, as shown on Map 4, filed in
the Office of the Assistant Registrar of the Land Court of the State
of Hawaii with Land Court Application No. 1069 of the Trustees under
the Will and of the Estate of James Campbell, deceased.
Being the land(s) described in Transfer Certificate of Title No.
930,576 issued to ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company.
-PARCEL SECOND:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT M-5, area 0.676 acre, more or less, as shown on Map _4, filed in
the Office of the Assistant Registrar of the Land Court of the State
of Hawaii with Land Court Application No. 1069 of the Trustees under
the Will and of the Estate of James Campbell, deceased.
Being the land(s) described in Transfer Certificate of Title No.
930,577 issued to ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company.
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 8
-------
SCHEDULE C CONTINUED
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR
JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE
ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
DATED
FILED
RECORDED
as of December 10, 2008
Land Court Document No. 3812212
Document No. 2008-185856
END OF SCHEDULE C
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 9
-------
GENERAL NOTES
1. There is hereby omitted from any covenants, conditions and
reservations contained herein any covenant or restriction based
on race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin,
ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law. Lawful restrictions
under state or federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page
-------
GUIDELINES FOR THE ISSUANCE OF INSURANCE
A. Taxes shown in Schedule B are as of the date such information is
available from the taxing authority. Evidence of payment of all
taxes and assessments subsequent to such date must be provided
prior to recordation.
B. Evidence of authority regarding the execution of all documents
pertaining to the transaction is required prior to recordation.
This includes corporate resolutions, copies of partnership
agreements, powers of attorney and trust instruments.
C. If an entity (corporation, partnership, limited liability company,
etc.) is not registered in Hawaii, evidence of its formation and
existence under the laws where such entity is formed must be
presented prior to recordation.
D. If the transaction involves a construction loan, the following is
required:
(1) a letter confirming that there is no construction prior to
recordation; or
(2) if there is such construction, appropriate indemnity
agreements, financial statements and other relevant information
from the owner, developer, general contractor and major sub-
contractors must be submitted to the Title Company for approval
at least one week prior to the anticipated date of recordation.
Forms are available upon request from Title Guaranty of Hawaii.
E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable
tolerances for discrepancies in structures or improvements relative
to private property boundaries for various classes of real
property. If your survey map shows a position discrepancy that
falls within the tolerances of Chapter 669, call your title officer
as affirmative coverage may be available to insured lenders.
F. The right is reserved to make additional exceptions and/or
requirements upon examination of all documents submitted in
connection with this transaction.
G. If a policy of title insurance is issued, it will exclude from
coverage all matters set forth in Schedule B of this report and in
the printed Exclusions from Coverage contained in an ALTA policy or
in the Hawaii Standard Owner's Policy, as applicable. Different
forms may have different exclusions and should be reviewed. Copies
of the policy forms are available upon request from Title Guaranty
of Hawaii or on our website at www.tghawaii.com.
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 11
-------
DATE PRINTED: 2/22/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: JAMES CAMPBELL COMPANY LLC
LEASED TO : OAHU SUGAR CO LTD
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 001 0000
CLASS: 0,5 AREA ASSESSED: 3.983 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records
of this division show
the assessed values and taxes on
the property
designated
by Tax Key
shown above are as follows:
BUILDING
$
46,700
EXEMPTION
$
0
NET VALUE
$
46,700
LAND
$
36,400 AGRICULTURAL USE VALUE
EXEMPTION
$
0
NET VALUE
$
36,400
TOTAL NET
VALUE $
83,100
Installment (1 - due
8/20; 2 - due 2/20)
Tax Info As Of - 9/30/2009
Tax Installment Tax
Penalty
Interest
Other Total
Year Amount
Amount
Amount
Amount Amount
2009 2 253.77
253.77 PENDING
2009 1 253.78
253.78 PAID
2008 2 130.24
13 . 02
7.16
150.42 PAID
2008 1 130.25
130.25 PAID
Total Amount Due: 253.77
Penalty and Interest Computed to:
9/30/2009
201004417F © Title Guaranty of Hawaii, Inc. Page 12
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
DATE PRINTED: 2/22/2010
CLASS BREAKDOWN FOR TAX MAP KEY BELOW:
CLASS: 0
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 001 0000
AREA ASSESSED:
3.983 AC
BUILDING
$
0
EXEMPTION
$
0
NET VALUE
$
0
LAND
$
12,100
EXEMPTION
$
0
NET VALUE
$
12,100
TOTAL NET VALUE
$
12,100
CLASS: 5
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 001 0000
AREA ASSESSED:
.0 00 AC
BUILDING $
EXEMPTION $
NET VALUE $
LAND $
EXEMPTION $
NET VALUE $
TOTAL NET VALUE $
46,700
0
46,700
2 4,30 0 AGRICULTURAL USE VALUE
0
24,300
71,000
201004417F
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 13
-------
STATUS REPORT
Maximum liability limited to
$3,500.00
This report (and any revisions thereto) is issued solely for the
convenience of the titleholder, the titleholder's agent, counsel,
purchaser or mortgagee, or the person ordering it.
SCHEDULE A
Title Guaranty of Hawaii, Incorporated, hereby reports that, subject
to those matters set forth in Schedule "B" hereof, the title to the
estate or interest to the land described in Schedule "C" hereof is
vested in:
ARMY HAWAII FAMILY HOUSING LLC,
a Delaware limited liability company,
as to Lot 17846,
HAWAII AGRICULTURE RESEARCH CENTER,
a Hawaii nonprofit corporation,
as to Lot 17847,
as Fee Owner
This report is dated as of February 5, 2010 at 8:00 a.m.
Inquiries concerning this report
should be directed to
OFELIA LOPEZ.
Email olopez0tghawaii.com
Fax (808) 521-0210
Telephone (808) 533-5831.
Refer to Order No. 201004417G.
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 1
-------
SCHEDULE B
EXCEPTIONS
Real Property Taxes, if any, that may be due and owing.
-PARCEL FIRST:- is (are) covered by Tax Key: (1) 9-2-005-022.
-PARCEL SECOND:- is(are) covered by Tax Key: (1) 9-2-005-023.
-Note:- Attention is invited to the fact that the premises
covered herein may be subject to possible rollback or
retroactive property taxes.
DESIGNATION OF EASEMENT "2 4'
SHOWN
on Map9_, as set forth by Land Court Order No.
3052, filed March 14, 1938
GRANT
TO
STATE OF HAWAII
DATED
FILED
GRANTING
March 31, 1938
Land Court Document No. 43225
an easement over said Easement "24"
-AS TO LOT 17846:-
(A) DESIGNATION OF EASEMENT "103"
SHOWN
on Map50, as set forth by Land Court Order No.
9534, filed April 20, 1950
(B) DESIGNATION OF EASEMENT "104"
SHOWN
on Map5 0, as set forth by Land Court Order No.
9534, filed April 20, 1950
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 2
-------
SCHEDULE B CONTINUED
(C) GRANT
TO
UNITED STATES OF AMERICA
DATED
FILED
GRANTING
August 23, 1950
Land Court Document No.122254
a perpetual and exclusive easement for Military
purposes over said Easements "103" and "104"
(D) LEASE OF RIGHT OF WAY
TO
DATED
FILED
LEASING
HAWAIIAN ELECTRIC COMPANY, INC.
November 25, 1959
Land Court Document No.
260885
a right of way in the nature of an easement for
utility purposes; said easement being twenty-five
(25) feet wide, extending twelve and one-half (12-
1/2) feet on each side of the center line, as shown
on Map 1006-734 of the Lessee, attached thereto.
(E) LEASE OF RIGHT OF WAY
TO
HAWAIIAN ELECTRIC COMPANY, INC. and HAWAIIAN
TELEPHONE COMPANY, now known as HAWAIIAN TELCOM,
INC.
DATED
FILED
LEASING
February 10, 1961
Land Court Document No.271300
a right of way in the nature of an easement for
utility purposes; said easement being twenty-five
(25) feet wide, extending twelve and one-half (12—
1/2) feet on each side of the center line, as shown
on Map 60-40 of Lessee The Hawaii Electric Company,
Limited, attached thereto
(F) LEASE OF RIGHT OF WAY
TO
DATED
FILED
LEASING
HAWAIIAN TELEPHONE COMPANY, now known as HAWAIIAN
TELCOM, INC.
December 11, 1964
Land Court Document No.351850
a right of way in the nature of an easement for
utility purposes
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 3
-------
SCHEDULE B CONTINUED
Subject to the rights of the United States of America as set
forth in Grant of Easement dated August 23, 1950, filed as Land
Court Document No. 122254.
(G) LEASE OF RIGHT OF WAY
TO : HAWAIIAN TELEPHONE COMPANY, now known as HAWAIIAN
TELCOM, INC.
DATED : December 1, 1968
FILED : Land Court Document No.804694
LEASING : a right of way in the nature of an easement for
utility purposes being twenty-five (25) by thirty-
five (35) feet (repeater sites) as shown on Exhibits
"A" and "F" attached thereto
(H) GRANT
TO
DATED
FILED
GRANTING
HAWAIIAN ELECTRIC COMPANY, INC.
June 6, 1996
Land Court Document No.2331471
a perpetual right and easement for utility purposes
being twenty-five (25) feet wide extending 12-1/2
feet on each side of the centerline located as
shown on Map 79-19 attached thereto
(I) GRANT
TO
DATED
FILED
GRANTING
HAWAIIAN ELECTRIC COMPANY, INC.
June 10, 1998
Land Court Document No.
2490187
a perpetual right and easement for utility purposes
being twenty-five (25) feet wide extending 12-1/2
feet on each side of the centerline located as
shown on Map _79_-19D attached thereto
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 4
-------
SCHEDULE B CONTINUED
(J) Any rights or interest which may exist or arise by reason of
the following facts shown on survey map prepared by Kevin K.
Kea, Land Surveyor, with Ace Land Surveying LLC, last
revised November 27, 2006:
(1) Utility box appurtenant to adjoining lot lies entirely
within subject lot.
(2) Chain link fences appurtenant to adjoining lots lie
within subject lot.
(3) Electric poles and overhead lines appurtenant to
adjoining lots cross into subject lot.
(4) Barb wire fence appurtenant to subject lot crosses into
adjoining lot.
(5) AC driveway.
(6) Concrete driveway.
(7) Overhead line crosses subject lot.
(K) Reservoir as shown on survey map prepared by Kevin K. Kea,
Land Surveyor, with Ace Land Surveying LLC, last revised
November 27, 2006.
(L) Rights of others who may have easement or access rights in
the land described in Schedule C.
(M) The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND
RESERVATION OF RIGHTS
DATED
FILED
RECORDED
as of December 10, 2008
Land Court Document No. 3812212
Document No. 2008-185856
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 5
-------
SCHEDULE B CONTINUED
(N) REAL PROPERTY LEASEHOLD MORTGAGE, SECURITY AGREEMENT,
ASSIGNMENT OF RENTS AND LEASES, FIXTURE FILING AND FINANCING
STATEMENT
MORTGAGOR : ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
MORTGAGEE : U.S. BANK NATIONAL ASSOCIATION, a national banking
association
DATED
FILED
RECORDED
AMOUNT
April 1, 2005, effective as of April 26, 2005
Land Court Document No. 3258660
Document No. 2005-082364
$1,597,500,000.00 - covers the land described
herein, besides other land
ABOVE MORTGAGE AMENDED BY INSTRUMENT
DATED
FILED
RECORDED
RE
as of December 10, 2008
Land Court Document No. 3812214
Document No. 2008-185857
to add the land described in Schedule C to the
Mortgage
(O) The terms and provisions contained in the following:
INSTRUMENT
ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS
DATED
RECORDED
PARTIES
RE
April 1, 2005
Document No. 2005-082365
ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company, as "Assignor", and U.S. BANK
NATIONAL ASSOCIATION, not in its individual
capacity, but solely as Trustee under a Trust
Indenture dated as of April 1, 2005, as "Assignee"
all rights, title and interest of Assignor to
insure the payment and performance of the Mortgage
(Not noted on Transfer Certificate(s) of Title referred to
herein)
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
-------
SCHEDULE B CONTINUED
ABOVE ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS AMENDED
BY INSTRUMENT
DATED : as of December 10, 2008
RECORDED : Document No. 2008-185858
RE : to add the land described in Schedule C
(Not noted on Transfer Certificate(s) of Title referred to
herein)
(P) SECOND REAL PROPERTY LEASEHOLD MORTGAGE, SECURITY AGREEMENT,
ASSIGNMENT OF RENTS AND LEASES, FIXTURE FILING AND FINANCING
STATEMENT
MORTGAGOR : ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
MORTGAGEE : MBIA INSURANCE CORPORATION, a stock insurance
corporation duly organized and existing under the
laws of the State of New York, as indenture trustee
DATED
FILED
RECORDED
AMOUNT
April 1, 2005, effective as of April , 2005
Land Court Document No. 3258661
Document No. 2005-082366
obligations pursuant to Reimbursement Agreement
dated April 1, 2005 - covers the land described
herein, besides other land
ABOVE MORTGAGE AMENDED BY INSTRUMENT
DATED
FILED
RECORDED
RE
as of December 10, 2008
Land Court Document No. 3812215
Document No. 2008-185859
to add the land described in Schedule C to the
Mortgage
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 7
-------
SCHEDULE B CONTINUED
(Q) The terms and provisions contained in the following:
INSTRUMENT : SECOND ASSIGNMENT OF LEASES, RENTS AND SECURITY
DEPOSITS
April 1, 2005
Document No. 2005-082367
ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company, as "Assignor", and MBIA
INSURANCE CORPORATION, a New York stock insurance
corporation, as "Assignee"
all rights, title and interest of Assignor to
insure the payment and performance of the
Reimbursement Agreement dated April 1, 2005 and the
Second Mortgage
(Not noted on Transfer Certificate(s) of Title referred to
herein)
ABOVE SECOND ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS
AMENDED BY INSTRUMENT
DATED : as of December 10, 2008
RECORDED : Document No. 2008-185860
RE : to add the land described in Schedule C
(Not noted on Transfer Certificate(s) of Title referred to
herein)
(R) GRANT
TO
DATED
FILED
GRANTING
DATED
RECORDED
PARTIES
RE
HAWAII AGRICULTURE RESEARCH CENTER, a Hawaii
nonprofit corporation
November 11, 2009
Land Court Document No. 3916315
the right, in the nature of a nonexclusive easement
for utility purposes over said easement area
located within Lot 17846
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 8
-------
SCHEDULE B CONTINUED
(S) LEASE UNRECORDED
LESSOR
ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
LESSEE
MONSANTO COMPANY, a Delaware corporation
DATED
TERM
October 30, 2009
Commence on November 1, 2009, and shall end on
October 31, 2039, unless earlier terminated
MEMORANDUM OF LEASE dated October 30, 20 09, filed as Land Court
Document No. 3916672, recorded as Document No. 2009-176891
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT dated
October 30, 2009, recorded as Document No. 2009-176892, filed as
Land Court Document No. 3916673, by and between U.S. BANK
NATIONAL ASSOCIATION, "Mortgagee", ARMY HAWAII FAMILY HOUSING
LLC, a Delaware limited liability company, "Landlord", and
MONSANTO COMPANY, a Delaware corporation, "Tenant"; re: said
Lease is subject and subordinate to the lien of Mortgage filed as
Land Court Document No. 3258660, recorded as Document No. 2005-
082364.
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT dated
October 30, 2009, recorded as Document No. 2009-176893, by and
between NATIONAL PUBLIC FINANCE GUARANTEE CORPORATION, a stock
insurance corporation, duly organized and existing under the laws
of the State of Illinois, as reinsurer of one or more financial
guaranty insurance policies pursuant to the Quota Share
Reinsurance Agreement, effective as of January 1, 2009, by and
between MBIA Insurance Corporation and MBIA Insurance Corp. of
Illinois, now known as Nation Public Finance Guarantee
Corporation, "Mortgagee", ARMY HAWAII FAMILY HOUSING LLC, a
Delaware limited liability company, "Landlord", and MONSANTO
COMPANY, a Delaware corporation, "Tenant"; re: said Lease is
subject and subordinate to the lien of Mortgage filed as Land
Court Document No. 3258661, recorded as Document No. 2005-082366.
(Not noted on Transfer Certificate(s) of Title referred to
herein)
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 9
-------
SCHEDULE B CONTINUED
5. -AS TO LOT 17847:-
(A) Various Kunia Camps as shown on Tax Map.
(B) LEASE OF RIGHT OF WAY
TO
DATED
FILED
LEASING
HAWAIIAN TELEPHONE COMPANY, now known as HAWAIIAN
TELCOM, INC.
October 31, 1957
Land Court Document No.
211436
for utility purposes, terminating June 30, 1979, and
thereafter from year to year
(C) LEASE OF RIGHT OF WAY
TO : HAWAIIAN ELECTRIC COMPANY, INC. and HAWAIIAN
TELEPHONE COMPANY, now known as HAWAIIAN TELCOM,
INC.
DATED : September 20, 1960
FILED : Land Court Document No. 266064
LEASING : a right of way in the nature of an easement for
utility purposes; said easement being twenty-five
(25) feet wide, extending twelve and one-half (12-
1/2) feet on each side of the center line, as shown
on Map 6_0-78 of Lessee The Hawaiian Electric
Company, Limited, attached thereto
(D) LEASE OF RIGHT OF WAY
TO : HAWAIIAN ELECTRIC COMPANY, INC. and HAWAIIAN
TELEPHONE COMPANY, now known as HAWAIIAN TELCOM,
INC.
DATED : February 10, 1961
FILED : Land Court Document No. 271300
LEASING : a right of way in the nature of an easement for
utility purposes; said easement being twenty-five
(25) feet wide, extending twelve and one-half (12—
1/2) feet on each side of the center line, as shown
on Map 6_0-40 of Lessee The Hawaii Electric Company,
Limited, attached thereto
(E) Water rights, claims or title to water, whether or not shown
by the public records.
201004417G © Title Guaranty of Hawaii, Inc. Page 10
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
201004417G © Title Guaranty of Hawaii, Inc. Page 11
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
SCHEDULE B CONTINUED
(F) GRANT
TO
THE TRUST FOR PUBLIC LAND, a California nonprofit
public benefit corporation
DATED
FILED
GRANTING
September 30, 2 00 9
Land Court Document No.
3903250
the right, in the nature of a nonexclusive easement
over the easement area located within Lot 17847
(G) The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED
DATED : November 11, 2009
FILED : Land Court Document No. 3916314
6. The terms and provisions contained in the following:
INSTRUMENT : TRUSTEES LIMITED WARRANTY DEED
DATED
FILED
RECORDED
November 1, 2 006
Land Court Document No. 35059i
Document No. 2006-198463
7. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF SITE ACCESS; JOINDER
DATED
FILED
RECORDED
RE
_, 2007 (acknowledged October 15, 2007,
October 30, 2007 and November 2, 2007)
Land Court Document No. 3676945
Document No. 2007-193800
environmental covenant
The terms and provisions contained in the following:
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 12
-------
SCHEDULE B CONTINUED
INSTRUMENT : DECLARATION OF ENVIRONMENTAL RESTRICTIONS (WELL
RESTRICTION AREA); JOINDER
DATED : , 2007 (acknowledged October 15,
October 30, 2007 and November 2, 2007)
FILED : Land Court Document No.3676946
RECORDED : Document No.2007-193801
2007,
9. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS
DATED
FILED
RECORDED
December 13, 2007
Land Court Document No. 3694441
Document No. 2007-219110
Said above Declaration has been amended and restated by AMENDED
AND RESTATED DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS dated August 21, 2008, filed as Land Court Document
No. 3782044, recorded as Document No. 2008-133157.
10. Encroachments or any other matters as shown on survey map
prepared by Kevin K. Kea, Land Surveyor, with Ace Land Surveying
LLC, dated , last revised November 27, 2006.
11. Encroachments or any other matters which a survey prepared after
November 27, 2006 would disclose.
12. Any unrecorded leases and agreements, and matters arising from or
affecting the same.
13. Claims arising out of customary and traditional rights and
practices, including without limitation those exercised for
subsistence, cultural, religious, access or gathering purposes,
as provided for in the Hawaii Constitution or the Hawaii Revised
Statutes.
END OF SCHEDULE B
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 13
-------
SCHEDULE C
-PARCEL FIRST:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 17846, GROSS area 2,542.363 acres, LESS Lots M-2, 17847, M-4, M-5,
M-13, M-l-B and M-l-A-2, Exclusions 38, 39 and 40, area 146.402 acres,
NET area 2,395.961 acres, more or less, as shown on Map 13 70, filed in
the Office of the Assistant Registrar of the Land Court of the State
of Hawaii with Land Court Application No. 1069 of the Trustees under
the Will and of the Estate of James Campbell, deceased;
Being the land(s) described in Transfer Certificate of Title No.
930,578 issued to ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company.
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR
JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE
ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
DATED
FILED
RECORDED
as of December 10, 2008
Land Court Document No. 3812212
Document No. 2008-185856
-AS TO LOT 17846:-
Together with a nonexclusive easement over Lot M-8-B, more
particularly described therein, for vehicular and pedestrian access
(parking of vehicles within the easement area is prohibited), granted
by instrument dated December 10, 2008, filed as Land Court Document
No. 3812213; and subject to the terms and provisions contained
therein.
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 14
-------
SCHEDULE C CONTINUED
-PARCEL SECOND:-
All of that certain parcel of land situate at Honouliuli, District of
Ewa, City and County of Honolulu, State of Hawaii, described as
follows:
LOT 17847, area 119.086 acres, more or less, as shown on Map 1370,
filed in the Office of the Assistant Registrar of the Land Court of
the State of Hawaii with Land Court Application No. 1069 of the
Trustees under the Will and of the Estate of James Campbell, deceased.
Being the land(s) described in Transfer Certificate of Title No.
964,710 issued to HAWAII AGRICULTURE RESEARCH CENTER, a Hawaii
nonprofit corporation.
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR : JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE
HAWAII AGRICULTURE RESEARCH CENTER, a Hawaii
nonprofit corporation
DATED
FILED
November 11, 2009
Land Court Document No. 3916314
END OF SCHEDULE C
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 15
-------
GENERAL NOTES
1. There is hereby omitted from any covenants, conditions and
reservations contained herein any covenant or restriction based
on race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin,
ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law. Lawful restrictions
under state or federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page
-------
GUIDELINES FOR THE ISSUANCE OF INSURANCE
A. Taxes shown in Schedule B are as of the date such information is
available from the taxing authority. Evidence of payment of all
taxes and assessments subsequent to such date must be provided
prior to recordation.
B. Evidence of authority regarding the execution of all documents
pertaining to the transaction is required prior to recordation.
This includes corporate resolutions, copies of partnership
agreements, powers of attorney and trust instruments.
C. If an entity (corporation, partnership, limited liability company,
etc.) is not registered in Hawaii, evidence of its formation and
existence under the laws where such entity is formed must be
presented prior to recordation.
D. If the transaction involves a construction loan, the following is
required:
(1) a letter confirming that there is no construction prior to
recordation; or
(2) if there is such construction, appropriate indemnity
agreements, financial statements and other relevant information
from the owner, developer, general contractor and major sub-
contractors must be submitted to the Title Company for approval
at least one week prior to the anticipated date of recordation.
Forms are available upon request from Title Guaranty of Hawaii.
E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable
tolerances for discrepancies in structures or improvements relative
to private property boundaries for various classes of real
property. If your survey map shows a position discrepancy that
falls within the tolerances of Chapter 669, call your title officer
as affirmative coverage may be available to insured lenders.
F. The right is reserved to make additional exceptions and/or
requirements upon examination of all documents submitted in
connection with this transaction.
G. If a policy of title insurance is issued, it will exclude from
coverage all matters set forth in Schedule B of this report and in
the printed Exclusions from Coverage contained in an ALTA policy or
in the Hawaii Standard Owner's Policy, as applicable. Different
forms may have different exclusions and should be reviewed. Copies
of the policy forms are available upon request from Title Guaranty
of Hawaii or on our website at www.tghawaii.com.
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 17
-------
DATE PRINTED: 2/22/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: JAMES CAMPBELL COMPANY LLC
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 022 0000
CLASS: 0,4,5 AREA ASSESSED: 2395.961 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records of this division show the assessed values and taxes on
the property designated by Tax Key shown above are as follows:
BUILDING
EXEMPTION
NET VALUE
LAND
EXEMPTION
NET VALUE
$ 51,300
$ 0
$ 51,300
$ 29,259,600
$ 0
$ 29,259,600
TOTAL NET VALUE $ 29,310,900
Installment (1 - due 8/20; 2 - due 2/20)
Tax Installment Tax Penalty Interest
Year Amount Amount Amount
Tax Info As Of -
9/30/2009
Other
Amount
2009 2 122,187.94
2009 1 122,187.94
Total Amount Due:
Penalty and Interest Computed to: 9/30/2009
Total
Amount
122,187.94
122,187.94
122,187.94
PENDING
PAID
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 18
-------
DATE PRINTED: 2/22/2010
CLASS BREAKDOWN FOR TAX MAP KEY BELOW:
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 022 0000
CLASS: 0 AREA ASSESSED: 2309.810 AC
BUILDING $ 0
EXEMPTION $ 0
NET VALUE $ 0
LAND $ 27,475,200
EXEMPTION $ 0
NET VALUE $ 27,475,200
TOTAL NET VALUE $ 27,475,200
CLASS: 4
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 022 0000
AREA ASSESSED: 1.9 73 AC
BUILDING $ 43,700
EXEMPTION $ 0
NET VALUE $ 43,70 0
LAND $ 12,000
EXEMPTION $ 0
NET VALUE $ 12,000
TOTAL NET VALUE $ 55,700
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 022 0000
CLASS: 5 AREA ASSESSED: 84.178 AC
BUILDING $ 7,600
EXEMPTION $ 0
NET VALUE $ 7,60 0
LAND $ 1,772,400
EXEMPTION $ 0
NET VALUE $ 1,772,400
TOTAL NET VALUE $ 1,780,000
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 19
-------
DATE PRINTED: 2/22/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: JAMES CAMPBELL COMPANY LLC
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 023 0000
CLASS: 0,3,5 AREA ASSESSED: 5,187,386 SF
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records of this division show the assessed values and taxes on
the property designated by Tax Key shown above are as follows:
BUILDING
EXEMPTION
NET VALUE
LAND
EXEMPTION
NET VALUE
TOTAL NET VALUE $
Installment (1 - due 8/20; 2 - due 2/20)
3,961,200
0
3,961,200
3,165,400
0
3,165,400
7,126,600
Tax Info As Of -
9/30/2009
Tax Installment Tax
Year Amount
Penalty
Amount
Interest
Amount
Other
Amount
2009 2
2009 1
23,426.77
23,426.77
Total Amount Due:
Penalty and Interest Computed to: 9/30/2009
Total
Amount
23,426.77
23,426.77
23,426.77
PENDING
PAID
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 20
-------
DATE PRINTED: 2/22/2010
CLASS BREAKDOWN FOR TAX MAP KEY BELOW:
CLASS: 0
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1)
2 005
AREA ASSESSED:
023
BUILDING $ 0
EXEMPTION $ 0
NET VALUE $ 0
LAND $ 552,600
EXEMPTION $ 0
NET VALUE $ 552,600
TOTAL NET VALUE $ 552,600
0000
2,023,493 SF
CLASS: 3
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1)
2 005
AREA ASSESSED:
023
0000
43,560 SF
BUILDING $ 4,800
EXEMPTION $ 0
NET VALUE $ 4,80 0
LAND $ 694,400
EXEMPTION $ 0
NET VALUE $ 694,400
TOTAL NET VALUE $ 69 9,20 0
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 2 005 023 0000
CLASS: 5 AREA ASSESSED: 3,120,333 SF
BUILDING $ 3,956,400
EXEMPTION $ 0
NET VALUE $ 3,956,400
LAND $ 1,918,400
EXEMPTION $ 0
NET VALUE $ 1,918,400
TOTAL NET VALUE $ 5,874,800
201004417G
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 21
-------
STATUS REPORT
Maximum liability limited to
$3,500.00
This report (and any revisions thereto) is issued solely for the
convenience of the titleholder, the titleholder's agent, counsel,
purchaser or mortgagee, or the person ordering it.
SCHEDULE A
Title Guaranty of Hawaii, Incorporated, hereby reports that, subject
to those matters set forth in Schedule "B" hereof, the title to the
estate or interest to the land described in Schedule "C" hereof is
vested in:
ARMY HAWAII FAMILY HOUSING LLC,
a Delaware limited liability company,
as Fee Owner
This report is dated as of February 5, 2010 at 8:00 a.m.
Inquiries concerning this report
should be directed to
OFELIA LOPEZ.
Email olopez0tghawaii.com
Fax (808) 521-0210
Telephone (808) 533-5831.
Refer to Order No. 201004417A.
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 1
-------
SCHEDULE B
EXCEPTIONS
1. Real Property Taxes, if any, that may be due and owing.
Tax Key: (1) 9-4-004-005 Area Assessed: 0.274 acre
2. Reservation in favor of the State of Hawaii of all mineral and
metallic mines.
3. Electrical overhead line appurtenant road right of way crosses
through subject parcel for a total distance of 592.0 feet, as
shown on survey map prepared by Kevin K. Kea, Land Surveyor, with
Ace Land Surveying LLC, dated revised October 31, 2006.
4. The terms and provisions contained in the following:
INSTRUMENT : TRUSTEES LIMITED WARRANTY DEED
DATED
FILED
RECORDED
November 1, 2 006
Land Court Document No. 3505988
Document No. 2006-198463
5. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF SITE ACCESS; JOINDER
DATED
FILED
RECORDED
_, 2007 (acknowledged October 15, 2007,
October 30, 2007 and November 2, 2007)
Land Court Document No. 3676945
Document No. 2007-193800
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 2
-------
SCHEDULE B CONTINUED
The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF ENVIRONMENTAL RESTRICTIONS (WELL
RESTRICTION AREA); JOINDER
DATED : , 2007 (acknowledged October 15, 2007,
October 30, 2007 and November 2, 2007)
FILED : Land Court Document No.3676946
RECORDED : Document No.2007-193801
7. The terms and provisions contained in the following:
INSTRUMENT : DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS
DATED
FILED
RECORDED
December 13, 2007
Land Court Document No. 3694441
Document No. 2007-219110
Said above Declaration has been amended and restated by AMENDED
AND RESTATED DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS dated August 21, 2008, filed as Land Court Document
No. 3782044, recorded as Document No. 2008-133157.
The terms and provisions contained in the following:
INSTRUMENT : LIMITED WARRANTY DEED WITH COVENANTS AND
RESERVATION OF RIGHTS
DATED
FILED
RECORDED
as of December 10, 2008
Land Court Document No. 3812212
Document No. 2008-185856
9. REAL PROPERTY LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT
OF RENTS AND LEASES, FIXTURE FILING AND FINANCING STATEMENT
MORTGAGOR : ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 3
-------
SCHEDULE B CONTINUED
MORTGAGEE : U.S. BANK NATIONAL ASSOCIATION, a national banking
association
DATED : April 1, 2005, effective as of April 26, 2005
FILED : Land Court Document No. 3258660
RECORDED : Document No. 2005-082364
AMOUNT : $1,597,500,000.00 - covers the land described
herein, besides other land
ABOVE MORTGAGE AMENDED BY INSTRUMENT
DATED
FILED
RECORDED
RE
December 10, 2008
Land Court Document No. 3812214
Document No. 2008-185857
to add the land described in Schedule C to said
above Mortgage
10. The terms and provisions contained in the following:
INSTRUMENT : ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS
DATED
RECORDED
PARTIES
RE
April 1, 2005
Document No. 2005-082365
ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company, as "Assignor", and U.S. BANK
NATIONAL ASSOCIATION, not in its individual
capacity, but solely as Trustee under a Trust
Indenture dated as of April 1, 2005, as "Assignee"
all rights, title and interest of Assignor to
insure the payment and performance of the Mortgage
ABOVE ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS AMENDED
BY INSTRUMENT
DATED : as of December 10, 2008
RECORDED : Document No. 2008-185858
RE : to add the land described in Schedule C to said
above Assignment of Leases, Rents and Security
Deposits
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 4
-------
SCHEDULE B CONTINUED
11. SECOND REAL PROPERTY LEASEHOLD MORTGAGE, SECURITY AGREEMENT,
ASSIGNMENT OF RENTS AND LEASES, FIXTURE FILING AND FINANCING
STATEMENT
MORTGAGOR : ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
MORTGAGEE : MBIA INSURANCE CORPORATION, a stock insurance
corporation duly organized and existing under the
laws of the State of New York, as indenture trustee
DATED
FILED
RECORDED
AMOUNT
April 1, 2005, effective as of April , 2005
Land Court Document No. 3258661
Document No. 2005-082366
obligations pursuant to Reimbursement Agreement
dated April 1, 2005 - covers the land described
herein, besides other land
ABOVE MORTGAGE AMENDED BY INSTRUMENT
DATED
FILED
RECORDED
RE
as of December 10, 2008
Land Court Document No. 3812215
Document No. 2008-185859
to add the land described in Schedule C to said
above Mortgage
12. The terms and provisions contained in the following:
INSTRUMENT : SECOND ASSIGNMENT OF LEASES, RENTS AND SECURITY
DEPOSITS
DATED
RECORDED
PARTIES
RE
April 1, 2005
Document No. 2005-082367
Delaware limited
and MBIA
ARMY HAWAII FAMILY HOUSING LLC, a
liability company, as "Assignor",
INSURANCE CORPORATION, a New York stock insurance
corporation, as "Assignee"
all rights, title and interest of Assignor to
insure the payment and performance of the
Reimbursement Agreement dated April 1, 2005 and the
Second Mortgage
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 5
-------
SCHEDULE B CONTINUED
ABOVE SECOND ASSIGNMENT OF LEASES, RENTS AND SECURITY DEPOSITS
AMENDED BY INSTRUMENT
DATED : as of December 10, 2008
RECORDED : Document No. 2008-185860
RE : to add the land described in Schedule C to said
above Second Assignment of Leases, Rents and
Security Deposits
13. Encroachments or any other matters which a survey prepared after
November 27, 2006 would disclose.
14. Unrecorded leases and agreements, and matters arising from or
affecting the same.
END OF SCHEDULE B
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
-------
SCHEDULE C
All of that certain parcel of land (being portion of the land(s)
described in and covered by Royal Patent Number 4490, Land Commission
Award 10,474, Apana 9 to N. Namauu) situate, lying and being on the
westerly side of Kunia Road at Hoaeae, District of Ewa, City and
County of Honolulu, State of Hawaii, being PARCEL 5, and thus bounded
and described August 8, 1988, to wit:
Beginning at the north corner of this parcel of land and on the
westerly side of Kunia Road, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "KAPUAI
NEW" being 22,750.96 feet north and 4,331.52 feet east, thence running
by azimuths measured clockwise from true South:
1. Along the westerly side of Kunia Road, on a curve to the left
with a radius of 2,894.90 feet, the
azimuth and distance of the chord
being:
feet;
feet along Lot M-l-A-1 of Land
Application 1069;
feet along Lot M-l-A-1 of Land Court
Application 1069 to the point of
beginning and containing an area of
11,930 square feet, more or less.
345° 29'
2. 159° 26'
3. 221° 12'
57" 611.81
573 .67
30" 73.3 8
BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED WITH
COVENANTS AND RESERVATION OF RIGHTS
GRANTOR : JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company
GRANTEE : ARMY HAWAII FAMILY HOUSING LLC, a Delaware limited
liability company
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 7
-------
SCHEDULE C CONTINUED
DATED
FILED
RECORDED
as of December 10, 2008
Land Court Document No. 3812212
Document No. 2008-185856
END OF SCHEDULE C
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 8
-------
GENERAL NOTES
1. There is hereby omitted from any covenants, conditions and
reservations contained herein any covenant or restriction based
on race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin,
ancestry, or source of income, as set forth in applicable state
or federal laws, except to the extent that said covenant or
restriction is permitted by applicable law. Lawful restrictions
under state or federal law on the age of occupants in senior
housing or housing for older persons shall not be construed as
restrictions based on familial status.
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 9
-------
GUIDELINES FOR THE ISSUANCE OF INSURANCE
A. Taxes shown in Schedule B are as of the date such information is
available from the taxing authority. Evidence of payment of all
taxes and assessments subsequent to such date must be provided
prior to recordation.
B. Evidence of authority regarding the execution of all documents
pertaining to the transaction is required prior to recordation.
This includes corporate resolutions, copies of partnership
agreements, powers of attorney and trust instruments.
C. If an entity (corporation, partnership, limited liability company,
etc.) is not registered in Hawaii, evidence of its formation and
existence under the laws where such entity is formed must be
presented prior to recordation.
D. If the transaction involves a construction loan, the following is
required:
(1) a letter confirming that there is no construction prior to
recordation; or
(2) if there is such construction, appropriate indemnity
agreements, financial statements and other relevant information
from the owner, developer, general contractor and major sub-
contractors must be submitted to the Title Company for approval
at least one week prior to the anticipated date of recordation.
Forms are available upon request from Title Guaranty of Hawaii.
E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable
tolerances for discrepancies in structures or improvements relative
to private property boundaries for various classes of real
property. If your survey map shows a position discrepancy that
falls within the tolerances of Chapter 669, call your title officer
as affirmative coverage may be available to insured lenders.
F. The right is reserved to make additional exceptions and/or
requirements upon examination of all documents submitted in
connection with this transaction.
G. If a policy of title insurance is issued, it will exclude from
coverage all matters set forth in Schedule B of this report and in
the printed Exclusions from Coverage contained in an ALTA policy or
in the Hawaii Standard Owner's Policy, as applicable. Different
forms may have different exclusions and should be reviewed. Copies
of the policy forms are available upon request from Title Guaranty
of Hawaii or on our website at www.tghawaii.com.
201004417A
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 10
-------
DATE PRINTED: 2/19/2010
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: JAMES CAMPBELL COMPANY LLC
LEASED TO : OAHU SUGAR CO LTD
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(1) 9 4 004 005 0000
CLASS: 5 AREA ASSESSED: .2 74 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2009
The records
of this division show
the assessed values and taxes on
the property
designated
by Tax Key
shown above are as follows:
BUILDING
$
0
EXEMPTION
$
0
NET VALUE
$
0
LAND
$
15,000 HIGHEST & BEST USE
EXEMPTION
$
0
NET VALUE
$
15,000
TOTAL NET
VALUE $
15,000
Installment (1 - due
8/20; 2 - due 2/20)
Tax Info As Of - 9/30/2009
Tax Installment Tax
Penalty
Interest
Other Total
Year Amount
Amount
Amount
Amount Amount
2009 2 50.00
50.00 PENDING
2009 1 50.00
50.00 PAID
2008 2 50.00
5.00
2 . 75
57.75 PAID
2008 1 50.00
50.00 PAID
Total Amount Due: 50.00
Penalty and Interest Computed to:
9/30/2009
201004417A © Title Guaranty of Hawaii, Inc. Page 11
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
-------
CO
DOUBLE
20
r
L-545 STATE OF HAWAII
OFFICE OF ASSISTANT REGISTRAR
RECORDED
NOV02,2007 01:00 PM
DOC No(s) 3676946
on Cert(s) AS LISTED HEREIN
/s/ CARL T. WATANABE
ASSISTANT REGISTRAR
2/2 Z9 R111
LAND COURT
Return By Mail | I Plck-Up I I To:
CARLSMITH BALL LLP
Pacific Tower, Suite 2200
1001 Bishop Street
Honolulu, Hawaii 96813
Attention: Eric A. James
Telephone: (808) 523-2500
R-811 STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
NOV 02, 2007 01:00 PM
Doc No(s) 2007-193801
Isl CARL T. WATANABE
REGISTRAR OF CONVEYANCES
20 2/2 Z9 L545
REGULAR SYSTEM
TITLE OF DOCUMENT- _
DECLARATION OF ENVIRONMENTAL RESTRICTIONS (WELL RESTRICTION AREA);
JOINDER
PARTIES TO DOCUMENT:
Declarant:
JAMES CAMPBELL COMPANY LLC, a Delaware limited liability
company
The James Campbell Building, 1001 Kamokila Boulevard, Kapolei,
Hawaii 96707
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Region IX, 75 Hawthorne Street, San Francisco, California 94105
TAX MAP KEY(S):
DEL MONTE FRESH PRODUCE (HAWAII), INC., a Delaware
corporation
94-1000 Kunia Road, Kunia, Hawaii 96759
(Oahu) 9-2-004: parcel 001, 003, 005, 006
(Oahu) 9-2-005: parcel 001 (por.), 002 (por.)
(Oahu) 9-4-004-005
Certificate of Title Nos. 830,900; 830,905; 830,906; 830,911; 830,913;
830,914; 830,916 (This document consists of jjtp pages.)
4831-7556-2240.10.060497-00879
EXECUTION COPY
-------
1 M3T2Y33J8l'C
DECLARATION OF ENVIRONMENTAL RESTRICTIONS (WELL RESTRICTION AREA)
THIS DECLARATION OF ENVIRONMENTAL RESTRICTIONS (the "Declaration") is
made as of , 2007, by JAMES CAMPBELL COMPANY LLC, a Delaware limited
liability company (the "Declarant"), whose address is the James Campbell Building, 1001
Kamokila Boulevard, Kapolei, Hawaii 96707, with reference to the following;
STATEMENT OF FACTS
A. Declarant is fee owner of that certain real property located in Honoluiiuli, Ewa,
Oahu, State of Hawaii, more particularly described in Exhibit B attached hereto and
incorporated herein by reference (together with the improvements thereon at any time, the
"Property").
B. Declarant currently leases the Property, together with other lands (collectively the
"Leased Lands"), to Del Monte Fresh Produce (Hawaii), Inc, a Delaware corporation ("Tenant")
under that certain unrecorded Amended and Restated Lease dated January 5, 1995, as
amended ("Lease"), which has a term that expires December 31, 2008.
C. The United States Environmental Protection Agency ("EPA") placed portions of
the Leased Lands on the National Priorities List in December 1994, designating them as a
"Superfund Site" referred to as the Del Monte Corporation (Oahu Plantation) Superfund Site.
D. The Tenant has entered into a consent decree with the EPA dated
September 27, 2005 ("Del Monte Consent Decree") under which Tenant has agreed to perform
certain response actions on portions of the Property as provided therein. The contamination
Includes contaminated deep ground water approximately 800 feet beiow the ground surface
("Basal Aquifer").
E. As detailed in the Remedial Investigation Report issued in November 1998
("Rl"), the Feasibility Study issued in February 2003 ("FS") and the Record of Decision issued
on September 25, 2003 by the EPA ("ROD"), the Basal Aquifer is contaminated with the
hazardous substances 1,2,-dibromo-3-chloropropane ("DBCP"), ethylene dibrobide ("EDB") and
1,2,3-trichloropropane ("TCP"). The portion of the Property, based on current information,
necessary to implement the Basal Aquifer remedy selected by the EPA in the ROD ("Remedy
for the Basal Aquifer") is more particularly shown on the Map attached hereto as Exhibit A
and incorporated herein by reference ("Well Restriction Area"). Pursuant to the Del Monte
Consent Decree, Tenant has installed in the Well Restriction Area extraction and monitoring
wells.
F. Declarant has also entered into a Consent Decree with EPA that has been
approved by the Court and entered on September 18, 2007 ("Institutional Controls Consent
Decree") to satisfy a requirement of the ROD that certain institutional controls be placed on the
Well Restriction Area as more fully set forth below. Pursuant to the Institutional Controls
Consent Decree, Declarant is recording this Declaration as an encumbrance against the title to
the Property.
G. Pursuant to the Institutional Controls Consent Decree, Declarant has also
recorded as an encumbrance against the title to the Well Restriction Area that certain
Declaration of Site Access (Site); Joinder dated , 2007, filed in the Office of the
4831-7556-2240.10.060497-00879
EXECUTION COPY
-2-
-------
Assistant Registrar of the Land Court of the State of Hawaii as Document No.
("Site Access Declaration").
NOW, THEREFORE, DECLARANT PROVIDES AS FOLLOWS:
Section 1. HAWAII UNIFORM ENVIRONMENTAL COVENANTS ACT
This Declaration is an environmental covenant executed pursuant to Hawaii
Revised Statutes ch. 508C ("UECA"). For all purposes under ClECA, Declarant shall be the
"Holder" as such term is defined in the UECA. The administrative record for the Institutional
Controls Consent Decree and reports required thereunder shall be held by the EPA at Region
IX, 75 Hawthorne Street, San Francisco, California 94105. In accordance with §§ 508C-7 and
508C-8 of UECA: (i) this Declaration, and any amendment or termination thereof, shall be filed
in the Office of the Assistant Registrar of the Land Court of the State of Hawaii; (ii) Declarant
shall provide a copy of the filed Declaration, any amendment or termination thereof, and
documentation of any other matters related to this Declaration to the Department of Health of
the State of Hawaii; and (Hi) Declarant shall provide a copy of this Declaration in the manner
determined by the EPA to (a) each signatory of this Declaration; (b) each person holding a
recorded interest in the Property; (c) each person in possession of the Property; (d) the City and
County of Honolulu; and (e) any other person as determined by the EPA.
Section 2. PROHIBITED USES AND ACTIVITIES,
a. No application for a water use permit to withdraw water from any well located or
to be located in the Weil Restriction Area shall be filed by any owner, lessee, licensee, or other
occupant or user of such property (collectively "Occupant"), absent prior written approval of the
EPA, which approval shall be granted if such withdrawal would r\ot interfere with the Remedy for
the Basal Aquifer and/or cause exposure to basal groundwater impacted by Site contaminants.
b. In the event that any Occupant determines that an application for a water use
permit to draw water from any well located in the Well Restriction Area has been filed as to any
lands then owned by Occupant within the Well Restriction Area, without Occupant's joinder,
Occupant shall notify the EPA, as well as the Hawaii Commission on Water Resource
Management, and shall file an objection to the issuance of the water use permit with such
Commission.
c. No Occupant shall undertake any construction in the Well Restriction Area that
damages or interferes with any equipment or other components of the Remedy for the Basal
Aquifer, Including the groundwater monitoring and extraction wells.
Section 3. ANNUAL REPORT.
Under Section VII.D (Annual Report) of the Institutional Controls Consent Decree,
Declarant is obligated to submit to the EPA for Its review and approval, an Institutional Controls
Consent Decree Annual Report ("IC Annual Report"), beginning on the first anniversary of the
Effective Date of the Institutional Controls Consent Decree. Within thirty (30) days of receipt of
a written request from the Declarant, the fee simple owner of the Properly or a portion thereof,
shall (I) summarize the activities such owner has undertaken in the previous year to comply with
the requirements of this Declaration as to the Property or portion thereof owned by such owner,
and (ii) certify such information to Declarant in the same manner as required of Declarant by the
EPA, so as to enable Declarant to compile and provide the EPA with the information required for
4831 -7556-2240.10.060497-00879
EXECUTION COPY
-3-
-------
the IC Annual Report. To the extent that the EPA, after reviewing the IC Annual Report, requires
additional information regarding compliance with the requirements of this Declaration as to any
portion of the Property not then owned by Declarant, then the owner of such portion of the
Property shall provide such information to Declarant in a timely fashion so as to enable
Declarant to comply with the requirements of the Institutional Controls Consent Decree in a
timely manner. If portions of the Property are owned by different owners, then this requirement
shall apply to each such owner as to the property owned by them.
Section 4, INDEMNITY.
Each Occupant shall Indemnify the Declarant from and against any and all claims and
demands for loss or damage, arising out of or related to such Occupant's failure to comply with
the requirements of this Declaration after the date of this Declaration. For the purposes of this
Declaration, the term "Indemnify" means the protection of a party, by a money payment if
necessary, against out-of-pocket loss. The term shall include an obligation by the indemnitor to
defend and hold the indemnitee harmless (with counsel acceptable to the Indemnitee) in
connection with any claim against which the obligation to Indemnify operates. The obligation to
Indemnify shall specifically Include, but shall not be limited to payment of (or in the alternative,
reimbursement of) ail reasonable out of pocket costs and expenses paid by the indemnitee for
the indemnitee's defense, including without limitation, reasonable attorneys' fees and costs, and
all other consultants' reasonable fees and costs. The obligation to Indemnify shall also
specifically include all reasonable out of pocket costs for research regarding settlement or other
preventive measures undertaken by the indemnitee with regard to any such claim. The
provisions of this Section 4 (Indemnity1) shall survive the termination of this Declaration.
Section 5. ENFORCEMENT OF DECLARATION.
The provisions of this Declaration can only be enforced by the EPA, Declarant and the
persons, as such term is defined in the UECA, that are entitled to enforce an environmental
covenant under § 508C-11(a) of the UECA; provided that the EPA shall have primary
responsibility for the enforcement of this Declaration. Upon and following Declarant's
conveyance of the Property, or any portion thereof, to a successor in title, the successor in title
and not Declarant shall be responsible for performing the obligations set forth herein as to the
property conveyed, except that notwithstanding such conveyance, Declarant shall be
responsible for seeking in good faith to enforce the provisions of this Declaration as to the
properties so conveyed, to the extent that the EPA is unable, despite its good faith efforts, to
enforce the provisions of this Declaration.
Section 0. COVENANTS RUN WITH THE LAND; NOTICE OF TRANSFER;
PRIORITY.
a. Covenants Run With Land. The restrictions set forth in this Declaration shall run
with the Property and shall be binding on all Occupants having any interest in the Property or
any portion thereof and their successors and assigns; provided, however, that such restrictions
shall be binding on each Occupant, and their respective successors and assigns only for such
period as they shall have title to or an interest In possession or occupancy of the Property or
any portion thereof,
b. Notice of Transfer. At least thirty (30) days prior to any conveyance or other
transfer of a fee simple interest in the Property or portion thereof, the then fee simple owner of
the Property or portion thereof sliall (i) provide the successor owner of the Property or portion
4831-7558-2240.10.060497-00879
EXECUTION COPY
-4-
-------
thereof with written notice of {a) the Institutional Controls Consent Decree; and (b) this
Declaration; and (il) provide to the Regional Administrator of the EPA, Region IX, written notice
of the proposed conveyance or other transfer, and the name and address of the successor
owner of the Property or portion thereof, and the date on which the notice set forth in subpart (i)
of this sentence was given to the successor owner of the Property or portion thereof.
c. Priority. This Declaration shall be prior to any mortgage, deed of trust or other
security recorded against the Property. However, the provisions of this Declaration do not limit
the right of a security holder to foreclose or otherwise enforce any mortgage, deed of trust, or
other encumbrance against the Property or the right of a security holder to pursue any remedies
for the enforcement of any pledge or lien against the Property provided, however, that in the
event of a foreclosure sale under any deed of trust, or other lien or eijcumbrance, or a sale
pursuant to any power of sale contained In any such deed of trust, the purchaser or purchasers
and their successors and assigns, and the Property shall be, and shall continue to be, subject to
all of the conditions, restrictions and covenants provided for in this Declaration.
Section 7. MODIFICATION AND TERMINATION.
a. Modification. If a successor In title of Declarant: (1) seeks a modification of the
restrictions set forth in this Declaration as to its property including a modification to the
boundaries of the Well Restriction Area; or (2) seeks to object to any modification or addition to
such restrictions determined by EPA to be necessary under the Institutional Controls Consent
Decree, such successor in title may request that Declarant request such a modification from the
EPA (or object to such modification proposed by the EPA) pursuant to the Declarant's rights
under Section VIII (Modification of Institutional Controls^ of the Institutional Controls Consent
Decree. If Declarant, in its sole discretion, decides to seek such a modification from EPA (or to
object to such a modification proposed by EPA), then the successor In title requesting such
modification (or making such objection) shall pay all costs and expenses incurred by Declarant
in requesting such modification from the EPA (or making such objection to EPA) and shall
provide to Declarant financial assurances satisfactory to Declarant, in its sole discretion, that the
successor in title has sufficient funds available to pay for such costs and expenses. Nothing
contained herein shall be deemed or construed as a guarantee by Declarant that the EPA will
approve such modification (or agree to such objection).
b. Termination. This Declaration will automatically terminate and be of no further
force and effect upon the earlier to occur of:
(1) Certification of Completion of the Work by EPA pursuant to Paragraph 47
of Section XIV (Certification of Completion) of the Del Monte Fresh Produce (Hawaii), Inc.
Consent Decree; or
(2) The agreement of the Declarant, as the Holder, and the EPA to terminate
this Declaration pursuant to § 508C-10(a) of the UECA.
Section 8. AMENDMENT OF DECLARATION.
This Declaration, including any exhibit attached hereto, may be amended only by
Declarant with the written consent of EPA but without the joinder of, or consent of any owner of
the Property, in the following circumstances:
4831 -7556-2240.10.060497-00879
EXECUTION COPY
-5-
-------
a. To incorporate any modifications approved by the EPA pursuant to Section VIII
(Modification of Institutional Controls) of the Institutional Controls Consent Decree and Section
7,a (Modification1!, above.
b. To incorporate any additional restrictions imposed by the EPA pursuant to its
rights under paragraph 15 /Additional Use Restrictions) and paragraph 28 (EPA Selection of
Further Institutional Controls) of the Institutional Controls Consent Decree.
c. To incorporate any amendments by consent of the Declarant, as the Holder, and
the EPA pursuant to § 508C-10(a) of the UECA.
Section 9. PROTECTIONS OF SUCCESSORS IN TITLE.
As, and to the extent set forth in Section XVI (Covenants Not to Sue Bv Plaintiff) of the
Institutional Controls Consent Decree, the United States of America has agreed not to sue or to
take administrative action pursuant to Sections 106 and 107 of CERCLA against a successor in
title of Declarant (other than a successor in title that otherwise is a responsible or potentially
responsible party for the Well Restriction Area), provided that such successor in title
satisfactorily performs its obligations as an Occupant as set forth in (i) this Declaration and (if)
the Site Access Declaration.
Section 10. JOINDER.
a. .EPA. By its joinder herein, EPA hereby consents to the recordation of the
Declaration and hereby waives, in accordance with § 508010(a)(2) of the UECA, any
requirement under the UECA that the fee simple owner of the Property execute any
amendments or termination of this Declaration.
b. Del Monte. Dei Monte Fresh Produce (Hawaii), Inc., is the current lessee under
the Lease, and hereby joins in this Declaration at the request of Declarant. By its joinder, Del
Monte Fresh Produce (Hawaii), Inc. hereby consents to the recordation of the Declaration,
acknowledges that its rights under the Lease are subordinate and subject to the terms and
provisions of the Declaration, and (i) agrees to be bound by the terms and provisions of this
Declaration; and (li) waives, in accordance with § 508010(a)(3) of the UECA, the right to
consent to any amendments or termination of this Declaration, except for any amendments that
relate or pertain to Del Monte Fresh Produce (Hawaii), Inc.'s duty of indemnity under this
Declaration.
[Balance of page intentionally left blank]
4831-7550-2240.10.060497-00879
EXECUTION COPY
-6-
-------
IN WITNESS WHEREOF, Declarant, EPA and Tenant have executed this Declaration as
of the date first set forth above.
JAMES CAMPBELL COMPANY LLC
By.
MacMillan
frit and Chief Executive Officer
JOINDER
DEL MONTE FRESH PRODUCE (HAWAII), UNITED STATES'...Ef
INC., * AM i* r<*;^ PROTECTIp^X^ENCIP^',
a Delaware corporation
By. fiM sQ
Name: 0icj/r,,rA C1
Its: l/ivr v* ¦
EPA
4831-7556-2240.10.060497-00879
EXECUTION COPY
-7-
-------
STATE OF HAWAII
CITY AND COUNTY OF HONOLULU
)
) ss.
On this day of hMiimlpef , 2001. before me personally appeared STEPHEN H.
MacMILLAN, to me known to be the person described in and who executed the foregoing
instrument, and acknowledged that he executed the same as his free act and deed.
.tyfS,
vbv
lift <£r :*s
jSV
'*>/,# OP
mm
Name:v JENNY ft. OKANQ
Notary Public, State of Hawaii
My commission expires:,
\
30 20IO
4831-7566-2240.10.060497-00879
EXECUTION COPY
-------
STATE OF CALIFORNIA
)
)
)
COUNTY OF SAN FRANCISCO
On this 15th day of October in the year 2007, before me, Kathleen L. Kawakami, personally
appeared Michael M. Montgomery known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Signature
-------
STATE OF _
COUNTY OF
)
) ss.
)
On this day of , 20 , before me personally appeared Michael M,
Montgomery, to me known to be the person described in and who executed the foregoing
instrument, and acknowledged that he executed the same as his free act and deed as such.
Name;
Notary Public, State of _
My commission expires:
4831-7556-2240.10.060497-00879
EXECUTION COPY
-------
STATE OF HAWAII KotC ipA-
eawste county of HewotMiU
pnoc
)
) ss.
)
« On this "9o day of , 20^" before me personally appeared
' vci^<**$, and < — to me known to be the persons described in
and who severally executed the foregoing instrument, and severally acknowledged that they
executed the same as their free act and deed as such.
4831-7556-2240.10.060497-00879
EXECUTION COPY
-------
9 Wall Location*
CZZ2 Land Courf Lots
MOtfi: As »l*w»n, paftten* -at Uni Court Lets 190, SM,. W2-MWS3, IfWI, «¦#«, (!4h* »<« t.C. #wrt 10,474
am K=ce1cd MUtkl Om Wei Rultkttofl Aim «nd am to Bio DsdafaUon, iwalutlari 38 b «B»J
by oW»r» andfe tNw»fw* not *ncw«>U«md by «ha DcctoiaUa*
4631 -7556-2240.10.060497-00879
EXECUTION COPY
1
-------
EXHIBIT B
PROPERTY
PARCEL ONE
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and County of
Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 169 (area 0.693 acre), as shown on Map 27, filed in the Office of the Assistant Registrar of
the Land Court to the State of Hawaii with Land Court Application No. 1069 of the Trustees
under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No. 830,906 issued to
James Campbell Company LLC.
PARCEL TWO
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and County of
Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows: "
LOT 880 (area 93.117 acres), as shown on Map 109, filed in the Office of the Assistant
Registrar of the Land Court to the State of Hawaii with Land Court Application No. 1069 of the
Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No. 830,911 issued to
James Campbell Company LLC.
PARCEL THREE
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and County of
Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 882-A (area 425.963 acres), as shown on Map 110, filed In the Office of the Assistant
Registrar of the Land Court to the State of Hawaii with Land Court Application No. 1069 of the
Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described In and covered by Certificate of Title No. 830,913 issued to
James Campbell Company LLC.
PARCEL POUR
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and County of
Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 16853 (area 2,507.948 acres), as shown on Map 1302, filed In the Office of the Assistant
¦ Registrar of the Land Court to the State of Hawaii with Land Court Application No. 1069 of the
Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No. 830,914 issued to
James Campbell Company LLC.
4831-7556-2240.10.060497-00879
EXECUTION COPY
1
-------
PARCEL FIVE
AH of that certain parcel of land situate at Honouliuli, District of Ewa, City and County of
Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-3 (area 7.099 acres), as shown on Map 4, filed in the Office of the Assistant Registrar of
the Land Court to the State of Hawaii with Land Court Application No. 1069 of the Trustees
under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No. 830,916 issued to
James Campbell Company LLC.
PARCEL SIX
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and County of
Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-8-6 (area 854.23 acres), as shown on Map 5, filed in the Office of the Assistant
Registrar of the Land Court to the State of Hawaii with Land Court Application No. 1069 of the
Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No. 830,900 issued to
James Campbell Company LLC.
PARCEL SEVEN
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and County of
Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-9-A (area 19.296 acres), as shown on Map 6, filed in the Office of the Assistant
Registrar of the Land Court to the State of Hawaii with Land Court Application No. 1069 of the
Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No. 830,905 issued to
James Campbell Company LLC.
PARCEL EIGHT
All of that certain parcel of land {being portion of the land(s) described in and covered by Royal
Patent Number 4490, Land Commission Award 10,474, Apana 9 to N. Namauu) situate, lying
and being on the westerly side of Kunia Road at Hoaeae, District of Ewa, City and County of
Honolulu* State of Hawaii, being PARCEL 5, and thus bounded and described as per sgrvey
dated August 8,1988:
Beginning at the north corner of this parcel of land and on the westerly side of Kunia Road, the
coordinates of said point of beginning referred to Government Survey Triangulation Station
"KAPUAI NEW" being 22,750.96 feet north and 4,331.52 feet east, thence running by azimuths
measured clockwise from true South:
1. Along the westerly side of Kunia Road, on a curve to the left with a radius of 2,894.90
feet, the azimuth and distance of the chord being:
4831 -7556-2240.10.060497-00879
EXECUTION COPY
2
-------
345° 29' 57" 611.81
feet;
2. 159° 26' 573.67 feet along Lot M-1-A-1 of Land Court Application
1069;
3. 221° 12" 30" 73.38 feet along Lot M-1-A-1 of Land Court Application
1069 to the point of beginning and containing an
area of 11,930, square feet, more or less.
BEING the premises acquired by Deed dated November 1, 2006, by and between the Trustees
under the Will and of the Estate of James Campbell, Deceased, and James Campbell Company
LLC, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii as
Document No. 3505988.
End of Exhibit B
4831-7556-2240.10.060497-00879
EXECUTION COPY
3
-------
%
^k
i
29
DOUBLE^YSTEM
L-492 STATE OF HAWAII
OFFICE OF ASSISTANT REGISTRAR
RECORDED
DEC 20, 2007 02:00 PM
Doc No(s) 3694441
on Cert(s) AS LISTED HEREIN
1st CARL T. WATANABE
ASSISTANT REGISTRAR
r-842 STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
DEC 20,2007 02:00 PM
Doc No(s) 2007-219110
IS/ CARL T. WATANABE
REGISTRAR OF CONVEYANCES
Mi
Z13 R842
2S
111
Z13 L492
LAND COURT
r REGULAR SYSTEM
Return By Mail I I Pick-Up X
CARLSMITH BALL LLP
318 Kapolei Building
1001 Kamokiia Boulevard
Kapolei, Hawaii 96707
Attention; Mark K. Murakami
Telephone: 808,523,2561
TITLE OF DOCUMENT: . _ ^
<40JOg/£OO
DECLARATION OF COVENANTS REGARDING WATER ALLOCATION AND EASEMENTS
PARTIES TO DOCUMENT: —— ^
DECLARANT; JAMES CAMPBELL COMPANY LLC,
a Delaware limited liability company
James Campbell Building
1001 Kamokiia Boulevard
Kapolei, Hawaii 96707
TAX MAP KEY{S): {Oahu) 9-2-004: parcels 001, 003,005, and 006
(Oahu) 9-2-005: parcels 001, 002, and 004
Certificate of Title Nos. 830,900; 830,905; 830,908; 830,907; 830,908; 830,909;
830,910; 830,911; 830,912; 830,913; 830,814; 830,915; 830,916; 830,917; 830,918
<- , (This document consists of 29 pages.)
Execution Copy
4840-7230-0802.1.060487-00033
-------
DECLARATION OF COVENANTS REGARDING WATER ALLOCATION AND
EASEMENTS
TABLE OF CONTENTS
Page
ARTICLE I STATEMENT OF AGREEMENT 2
ARTICLE II WATER ALLOCATION 2
2.1 Operation..... 2
2.2 Potential Water Sources . 2
2.3 Licenses, Permits and Approvals 2
2.4 Water Allocation ....3
2.5 Change in Allocation and Delivery 3
2.6 Decrease in Water Output 3
2.7 Redelivery of Water 3
2.8 No Right to Use or Control of Facilities or Water ...3
2.9 Annexation of Land 4
2.10 Condemnation .......4
2.11 Agricultural Use 4
ARTICLE III EASEMENTS 4
3.1 Nonexcl usive Easement 4
3.2 Access 5
3.3 Right to Relocate Easements 5
3.4 Designation of Land Court Easements 5
3.5 Right to Record 5
3.6 Exercise of Easements 5
3.7 Obstruction of Easement ..5
ARTICLE IV MAINTENANCE ..6
4.1 Rights and Obligations 6
4.2 Standard of Performance 6
4.3 Limitation of Liability 6
ARTICLE V OBLIGATION TO PAY COSTS ..7
5.1 Operating Costs ....7
5.2 Calculation of Share of Costs 7
5.3 Payments 7
5.4 Recordkeeping 7
5.5 Right to Audit 7
*40-7230-0802.1.060497-00033
-------
DECLARATION OF COVENANTS REGARDING WATER ALLOCATION AND
EASEMENTS
TABLE OF CONTENTS
(continued)
Page
ARTICLE VI ENFORCEMENT ........8
6.1 Abatement and Suit. 8
6.2 Attorneys' Fees ...8
6.3 Inspection 8
6.4 Lien for Unpaid Charges........ .....8
6.5 Failure to Enforce Not a Waiver of Rights...., , 9
ARTICLE VII GENERAL ..9
7.1 Governing Law 9
7.2 Release and Indemnity.. 10
7.3 Constructive Notice and Acceptance... 10
7.4 Declaration Runs with Land. ,, .....10
7.5 Notice 10
7.6 Amendment.. ..11
7.7 Voting Rights of Each Section 11
7.8 Assignment 11
7.9 Association's Role After the Substitution Date 11
7.10 Binding Effect 11
7.11 Withdrawal 11
7.12 Right to Terminate.. 12
7.13 Duration 12
7.14 Perpetuities 12
7.15 Severability..... 12
7.16 Captions 12
EXHIBITS:
EXHIBIT A: PROPERTY DESCRIPTION
EXHIBIT B; MAP OF SECTIONS
EXHIBIT C-1: CURRENT PERCENTAGE OF WATER ALLOCATION
EXHIBIT C-2: PERCENTAGE OF WATER ALLOCATION INCLUDING STATE OF
HAWAII LAND
EXHIBIT D: MAP OF STATE OF HAWAII LAND
4840-7230-0802.1.060497-00033
-------
DECLARATION OF COVENANTS REGARDING WATER ALLOCATION
AND EASEMENTS
THIS DECLARATION OF COVENANTS REGARDING WATER ALLOCATION AND
EASEMENTS ("Declaration") is made this /tM. day of December, 2007, by JAMES
CAMPBELL COMPANY LLC, a Delaware limited liability company, whose place of business
and post office address is James Campbell Building, 1001 Kamokila Boulevard, Kapolei, Hawaii
96707 (the "Declarant").
BACKGROUND STATEMENT
Declarant, as the owner of the real property described in Exhibit A attached hereto and
incorporated herein by this reference (the "Property"), intends by recording this Declaration to
establish a general plan of water allocation for the areas known as Kunia Village and the
surrounding Kunia Lands. Substantially all of the Property was or is encumbered by that certain
unrecorded Lease dated April 29, 1994 (Lease No. L00977200) between James Campbell
Company LLC, a Delaware limited liability company, as successor Lessors, and Del Monte
Fresh Produce (Hawaii), Inc., a Delaware corporation ("Del Monte"), as Lessee, as amended
and restated by instrument dated January 5, 1995 (collectively the "Lease"), the term of which
expires on December 31, 2008, subject to earlier termination pursuant to the terms thereof.
By imposing the mutually beneficial restrictions created by this Declaration, Declarant
seeks to allocate water use for the benefit of all Property Owners (as such term is defined
below). This Declaration provides a flexible and reasonable procedure for present and future
water allocation as Declarant deems appropriate and provides for the overall water
administration, maintenance, and preservation. An integral part of the water allocation plan is
the creation of the Kunia Water Association ("Association"), an unincorporated association to
be comprised of all Property Owners to administer and enforce this Declaration. Prior to
providing any water in accordance with this Declaration, Declarant shall adopt articles of
association and bylaws for the Association in order to implement the provisions of this
Declaration.
For purposes of this Declaration, the "Substitution Date" shall mean the earlier of
(i) the date by which Declarant or any successor of Declarant pursuant to paragraph 7.8
(Assignment) below no longer owns any portion of the Property, or (ii) when Declarant
voluntarily assigns all of its rights, powers, duties and obligations retained under this Declaration
to the Association, as evidenced by a written declaration to that effect, executed by Declarant
and the Association, and files the same with the Office of the Assistant Registrar of the Land
Court of the State of Hawaii. After the Substitution Date, every reference to Declarant herein
shall be deemed to mean and refer to the Association. To the extent Declarant will own any
portion of the Property after the Substitution Date, Declarant shall be deemed a Property Owner
bound by the same terms and conditions, and with the same rights and privileges as all other
Property Owners hereunder.
For purposes of this Declaration, "Property Owner" shall mean the person or persons,
corporation or corporations, or other legal entities named as grantee in the last recorded deed to
any portion of the Property, or the vendee of the Property on the last recorded agreement of
sale or subagreement of sale, as the case may be, or the lessee of the Property on the last
recorded lease or sublease, as the case may be, for a period exceeding five (5) years, unless
Execution Copy
4840-7230-0802.1.060497-00033
-------
the deed, agreement of sale or subagreement of sale or lease or sublease document provides
otherwise.
ARTICLE I
STATEMENT OF AGREEMENT
As the owner of the Property, Declarant hereby declares that all of the Property shall be
held, sold, and conveyed subject to the covenants, conditions, and easements contained herein,
which are made for the express benefit of: (i) Declarant, its successors and assigns, and (ii) the
present and future Property Owners, the Association and its members. The covenants,
conditions, and easements contained herein shall run with the title to the Property and shall
inure to the benefit of Declarant, the Association and any other person who acquires any
interest in all or any part of the Property.
In consideration of the mutual benefits and covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Declarant, for itself and on behalf of the future Property Owners and the Association, hereby
covenants and agrees as set forth herein.
ARTICLE 11
WATER ALLOCATION
2.1 Operation. Subject to any limitations or conditions precedent provided in this
Declaration, Declarant in its sole discretion shall have the right to withdraw water from the Water
Sources, as defined below, and allocate and deliver such water up to the delivery points
("Delivery Points") which will service each Section (as defined below) by means of
transmission and storage facilities and improvements (the "Water Delivery System"). The
portion of the water system which begins from and includes the Delivery Points and provides
water to the areas solely within each Section shall be referred to herein as the "Property
Owner Distribution System".
2.2 Potential Water Sources. To Declarant's knowledge, the potential water sources
available under this Declaration are Kunia Well No. 1 (State Well Nos. 2703-01 and 02), Kunia
Well No. 3 (State Well No. 2803-05), Kunia Well No. 4 (State Well No. 2803-07), and the
sewage treatment plant located in the Section known as the Kunia Village Area (as such
Section is shown in Exhibit B described below) (collectively, the "Potential Water Sources").
2.3 Licenses. Permits and Approvals. Declarant's right to withdraw water from the
Potential Water Sources is subject to Declarant and/or its agent or the Association obtaining
and maintaining the right to all governmental licenses, permits and approvals necessary to
withdraw water from the Potential Water Sources. Del Monte currently owns the revocable
permits for the use of water derived from the Potential Water Sources, and upon the expiration
of the Lease, subject to the limitations below, Declarant will use commercially reasonable efforts
to cause such revocable permits to be assigned to Declarant or its designee. As Declarant
obtains such rights to the necessary licenses, permits and approvals, Declarant will annex each
Potential Water Source to this Declaration which upon annexation shall be referred to herein as
a "Water Source" or the "Water Sources" under this Declaration. Upon the Substitution Date,
Declarant will use commercially reasonable efforts to assign or cause the assignment of all
rights and interests under the licenses, revocable permits and approvals to the Association.
Execution Copy
4840-7230-0802.1.060497-00033
2.
-------
Declarant shall not annex Well No. 1 to this Declaration unless and until Del Monte
(i) fulfills its obligations under the Consent Decree by and between the United States and Del
Monte entered into by Del Monte on May 2, 2005, and (ii) has obtained all appropriate
Certifications of Completion, as defined in said Consent Decree issued by the Environmental
Protection Agency, as provided in said Consent Decree. Notwithstanding the foregoing, prior to
annexing Well No. 1, Declarant in its sole discretion may accept treated water from Well No. 1
provided that Del Monte complies with the treatment standards for such water as set forth in the
Del Monte Consent Decree, and Declarant may allocate such treated water to the Sections in
accordance with the allocation provisions set forth in Section 2.4 Water Allocation) below.
2.4 Water Allocation. The percentages shown on the attached Exhibit C-1 represent
the allocation of available water that will be delivered to the Delivery Points for each Section.
The Sections are shown on the map attached as Exhibit B and by this reference made a part
hereof. In the event that Declarant exercises the right to annex the lands owned by the State of
Hawaii pursuant to paragraph 2.9 (Annexation of Land) below, then the percentages of water
allocation shall be as shown on the attached Exhibit C-2.
The exact location of the Delivery Points will be determined by mutual agreement
between Declarant and the Property Owner(s) of the Section for which each Delivery Point
services. The cost to construct the Delivery Point and the cost of the Property Owner
Distribution System in a given Section will be the responsibility of the Property Owner(s) of the
Section within which the Delivery Point is located. The cost to deliver water from the Water
Sources to the Delivery Points, including maintenance of the Water Delivery System, shall be an
Operating Cost, paid by the Property Owner(s) of each Section in accordance with paragraph
5.1 (Operating Costs).
2.5 Change in Allocation and Delivery. Any changes in the allocation of water or in
the Delivery Points shall require the consent of Declarant and the Property Owner(s) of the
affected Section(s). Any changes in the costs associated with such change in allocation or
Delivery Points will be the responsibility of the Property Owner(s) of the Section who benefits
from such changes. Pursuant to paragraph 7.11 (Withdrawal), if Declarant withdraws any
Section from this Declaration, then the water allocated to the withdrawn Section shall be re-
allocated pro rata among the remaining Sections without the consent of the Property Owner(s)
of the remaining Sections, and the percentages in Exhibit C-1 and Exhibit C-2, as applicable,
shall be adjusted accordingly. If Declarant instead determines in its sole discretion that the
water for the withdrawn Section shall be re-allocated among the remaining Sections in a
different manner, then such re-allocation shall require the consent of the Property Owner(s) of
the affected Sections.
2.6 Decrease in Water Output. Notwithstanding the occurrence of a decrease in
water output from the Water Sources, any available water shall be delivered in accordance with
the percentages provided in paragraph 2.4 (Water Allocation) above.
2.7 Redelivery of Water. Other than Declarant, a Property Owner shall have no right
to redeliver or otherwise redistribute the water outside of the Property without the prior written
consent of Declarant, which consent may be withheld by Declarant in its sole discretion for any
reason.
2.8 No Right to Use or Control of Facilities or Water. Assessment or payment of a
Property Owner's obligation shall not confer on the Property Owner or any other person or entity
any right, privilege or duty to own, manage, control, maintain, or use the Water Sources or the
Execution Copy
4840-7230-0802.1.060497-00033
3.
-------
Water Delivery System, nor otherwise claim or be entitled to any legal or equitable interest
therein or in any allocation of water for any purpose. Nothing in these restrictions shall be
construed as imposing any duty whatsoever on the part of Declarant or any other person or
entity to provide water to the Property or to a Property Owner, or to construct, develop or
maintain facilities, or to plan for same, now or at any future time. ,
2.9 Annexation of Land. James Campbell Company LLC, a Delaware limited liability
company ("JCCLLC"). reserves the right in its sole discretion to annex the lands owned by the
State of Hawaii, as shown on the map attached as Exhibit D, and to thereafter allocate water to
the State of Hawaii based on the percentage provided in Exhibit C-2; provided, however, that
no water shall be allocated to the State of Hawaii unless and until the State of Hawaii agrees to
be bound by the terms and conditions of this Declaration. The right to annex the lands owned
by the State of Hawaii shall be a right personal to JCCLLC and shall not be a right which will be
assumed by the Association upon the Substitution Date unless such right is expressly assigned
by JCCLLC.
2.10 Condemnation. In the event of condemnation of all or a portion of the Water
Sources, the Water Easements (defined below), the Water Delivery System or the Property
Owner Distribution System, this Declaration shall cease and be null and void as to such portions
of the system condemned, and the amount of water to which each Section shall be entitled
under this Declaration shall be proportionately reduced or increased. If such condemnation
action concerns only the Water Sources, the Water Easements or the Water Delivery System or
portions thereof, Declarant shall have the sole and exclusive right to defend such condemnation
action and all of Declarant's costs and expenses relating to such defense shall be paid from the
condemnation award, up to the amount of the condemnation award that is attributable to the
Water Sources, the Water Easements or the Water Delivery System. The term "condemnation"
shall include a taking pursuant to a conveyance under threat of condemnation. The entire
amount of the condemnation award that is attributable to the Water Sources, the Water
Easements or the Water Delivery System shall be payable solely and exclusively to Declarant.
2.11 Agricultural Use. The Property Owners acknowledge and agree that the water to
be allocated from the Water Sources and delivered to each Delivery Point under this Declaration
is for agricultural use only, and in no event shall Declarant (or the Association after the
Substitution Date) be responsible for the delivery of potable water or compliance with the Safe
Drinking Water Act, as the same may be amended from time to time, or any similar federal,
Hawaii state and local laws and ordinances, and regulations now or hereafter adopted. Nothing
herein shall be deemed or construed to prohibit: (a) the Property Owners) in the Section
known as Kunia Village Area from continuing to treat and use such water for domestic use; or
(b) the Property Owners in the Sections other than the Kunia Village Area from using the water
for potable or domestic use in their Sections, provided that they obtain the required licenses,
permits and approvals necessary for such use.
ARTICLE III
EASEMENTS
3.1 Nonexclusive Easement. Declarant hereby reserves to itself and its successors
and assigns, and grants to the Property Owners, a blanket, perpetual, nonexclusive easement
over, under, and across the Property solely for water source, transmission and storage
purposes in order to allocate and deliver water to the Property as provided in this Declaration
Execution Copy
4840-7230-0802.1.060497-00033
4.
-------
("Water Easements"), and for no other purposes. The location of the Water Sources, the
Water Easements and the Water Delivery System ("Easement Areas") shall be mutually
agreed upon by Declarant and the Property Owner(s) of the land upon which such easement(s)
Is to be located.
3.2 Access. Declarant hereby reserves to itself, its agents, successors and assigns,
a blanket, perpetual, non-exclusive easement over, under, and across the Property for the
purpose of access, ingress and egress, operation, maintenance and repair to the extent
reasonably necessary for Declarant or its agents and assigns to perform its responsibilities with
respect to the Water Sources, the Water Easements and the Water Delivery System. The
location of such easements shall be mutually agreed upon by Declarant and the Property
Owner(s) of the land on which such easement(s) is to be located.
3.3 Right to Relocate Easements. The Property Owner(s) shall have the right from
time to time to realign or relocate the Easement Areas, or portions thereof as may be located on
such Property Owner(s) land, provided that (a) such Property Owner(s) shall be solely
responsible for paying the cost of realigning or relocating the Easement Areas (including the
cost of realigning or relocating utilities, other infrastructure or improvements within the
Easement Areas); (b) such Easement Areas shall be equivalent or better in quality and size to
the Easement Areas being replaced; and (c) such realigning or relocating of the Easement
Areas shall be completed in a manner that will not unreasonably interfere with or disturb the use
and enjoyment of the Water Delivery System by the other Property Owners. Declarant shall not
have any right to relocate any Easement Area without the prior written consent of each affected
Property Owner.
3.4 Designation of Land Court Easements. Declarant and each Property Owner
shall have the right to seek subdivision approval for the Easement Areas from the Department
of Planning and Permitting of the City and County of Honolulu, and designation of the Easement
Areas in the Office of the Assistant Registrar of the Land Court of the State of Hawaii without
the joinder or consent of the other Property Owners. The party who seeks designation of the.
Easement Areas shall be responsible for the cost to obtain such governmental approvals to
create such Land Court designated easement.
3.5 Right to Record. Declarant also reserves for itself the right and power to
delineate, grant and record with the Assistant Registrar of the Land Court of the State of Hawaii
such specific easements as may be necessary, in Declarant's sole discretion, in connection with
the operation and maintenance of the Water Sources, the Water Easements and the Water
Delivery System without the joinder or consent of the Property Owners.
3.6 Exercise of Easements. The Water Easements shall be used in such a manner
as to minimize interference with the use and enjoyment of the property burdened by the
easement ("Burdened Property").
3.7 Obstruction of Easement. No person shall construct, install, or maintain any
obstruction on the Burdened Property, or otherwise hinder Declarant's ability to exercise the
easement rights created hereby. Declarant shall have the right to remove any such obstruction
placed in violation of this paragraph, without notice and without liability to the person(s) who
constructed said obstruction or hindered such use.
Execution Copy
4840-7230-0802.1.060497-00033
5.
-------
ARTICLE IV
MAINTENANCE
4.1 Rights and Obligations. Declarant shall have the right and the obligation to
operate, maintain, repair and administer the Water Sources, Water Easements and Water
Delivery System for which each Property Owner agrees to contribute to the cost of such
maintenance as set forth in Article V (Obligation to Share Costs) below. Each Property Owner
acknowledges and agrees that Declarant shall have the right to engage the services of an
independent contractor to operate, maintain, repair and administer the Water Sources, the
Water Easements and the Water Delivery System and that the cost of such agreement shall be
included in the Operating Costs to be paid by the Property Owners as set forth in Article V
(Obligation to Pav Costs) below. The independent contractor shall hold all contracting and other
licenses and permits required by law for the performance of such obligations and shall at all
times during its engagement maintain liability insurance covering claims for bodily injury and
property damage with a combined single limit of not less than $1,000,000 naming the Property
Owners and Declarant (or the Association after the Substitution Date) as additional insureds.
The Property Owners further acknowledge and agree that upon Declarant's engagement of an
independent contractor that meets the requirements set forth above, and for so long as such
independent contractor is engaged to do and does perform the obligations of Declarant
hereunder, the obligations of Declarant to operate, maintain, repair and administer the Water
Sources, the Water Easements and the Water Delivery System shall be deemed satisfied and
Declarant shall have no further obligation or liability with respect to the same. In the event that
the independent contractor ceases to perform such obligations, then Declarant or the
Association, as the case may be, shall assume the performance of such obligations or engage
the services of another independent contractor to perform such obligations. The Property
Owner(s) of each Section shall have the obligation to operate, maintain, repair and administer
the Property Owner Distribution System for their respective Sections.
4.2 Standard of Performance. Declarant shall maintain and repair the Water
Sources, the Water Easements and the Water Delivery System in good operating condition
including, without limitation, repairing and replacing improvements, maintaining, repairing, and
replacing equipment and fixtures, as well as such other duties as may be necessary or
appropriate. The Property Owner(s) of each Section shall maintain and repair the Property
Owner Distribution System located in their Section in good operating condition including, without
limitation, repairing and replacing improvements, maintaining, repairing, and replacing
equipment and fixtures, as well as such other duties as may be necessary or appropriate.
Maintenance, as such term is used in this Declaration, shall mean maintaining, improving,
repairing, replacing, insuring, paying taxes and other incidental charges incurred, and taking any
and all steps to keep the systems in good operating condition including, without limitation,
repairing and replacing improvements; maintaining, repairing, and replacing equipment and
fixtures, as well as such other duties as may be necessary or appropriate. Declarant shall also
be responsible for preparing and timely filing any and all monthly reports regarding water usage
with the appropriate governmental entity.
4.3 Limitation of Liability. Notwithstanding anything contained herein to the contrary,
in fulfilling its responsibilities hereunder Declarant shall not be liable for property damage or
personal injury occurring on, or arising out of the condition of, property which it does not own,
unless, and only to the extent that, it has been grossly negligent in the performance of its
maintenance responsibilities.
Execution Copy
4840-7230-0802.1.060497-00033
6.
-------
ARTICLE V
OBLIGATION TO PAY COSTS
5.1 Operating Costs. AH Property Owners shall be obligated to pay for the costs of
operation and maintenance of the Water Sources, Water Easements and the Water Delivery
System used to deliver water to each Delivery Point (the "Operating Costs"! The Operating
Costs will include, but shall not be limited to, all costs and expenses incurred by Declarant, the
independent contractor engaged pursuant to paragraph 4.1 (Rights and Obligations) above or
the Association from and after the Substitution Date for operating, repairing, maintaining and
administering ditches, metering devices, pumps, transmission lines, appurtenances and other
improvements and facilities for the production and/or delivery of water from the Water Sources,
including without limitation, wages, salaries and benefits, security, insurance, materials and
supplies, professional services, taxes, fees and permits, and energy, utility and communication
charges, rates and assessments. The obligation to pay the Operating Costs shall be
mandatory. No diminution or abatement of a Section's share of the Operating Costs or setoff
shall be claimed or allowed by reason of any alleged failure of Declarant or the Association to
perform its maintenance or operation responsibilities. Notwithstanding anything in this
Declaration to the contrary, Operating Costs shall not include any costs or expenses incurred or
to be incurred by Del Monte that are connected with or in any way related to the environmental
cleanup and purification of contaminated groundwater and other environmental contamination.
5.2 Calculation of Share of Costs. The Operating Costs shall be charged to the
Property Owners of each Section based on the percentages provided in paragraph 2.4 (Water
Allocation). Each Section's share of the fees shall be computed by multiplying the sum of the
Operating Costs by the percentages provided in paragraph 2.4 (Water Allocation). A schedule
showing the estimated Operating Costs for the next calendar year beginning January 1 based
upon Declarant's estimates of (x) the Operating Costs for such year and (y) the number of
gallons to be delivered to each Section for such year will be provided by Declarant to the
Property Owners on or about December 1 of each preceding year.
5.3 Payments. The Property Owner(s) of each Section shall pay the Section's share
of Operating Costs to Declarant in cash monthly in advance on the first day of each month. In
addition, the Property Owner(s) of each Section shall, with each payment of the Operating
Costs or any other amount due to Declarant under this Declaration, reimburse Declarant for the
applicable State of Hawaii general excise tax or any other similar tax on each such payment
plus the tax thereon. It is the intent of Declarant and the Property Owners to insure that all
amounts paid to Declarant by the Property Owners will be received by Declarant without
diminution by any tax, assessment, charge or levy of any nature whatsoever, except any net
income taxes of Declarant, and the terms and conditions of this Declaration shall be liberally
construed to effect such purpose. Any amounts due for a Section and not paid within ten {10)
days of when due will bear interest at the rate of one percent (1%) per month until paid. The
Property Owners) of a Section shall also pay to Declarant a late charge of the five percent (5%)
of any amount not paid within ten (10) days of when due and a fee for dishonored checks equal
to five percent (5%) of the amount of any such check.
5.4 Recordkeeping. Declarant shall maintain or cause to be maintained full and
accurate books of account with respect to Operating Costs and any other matter covered by this
Declaration.
5.5 Right to Audit. At any time within one (1) year after the payment of any
Operating Costs by the Property Owner(s) of each Section, but no more than once per calendar
Execution Copy
4840-7230-0802.1.060497-00033
7.
-------
year, a Property Owner may cause an audit of Declarant's books and records related to such
Operating Costs. The audit will be at the requesting Property Owner's sole cost and expense
and may be performed by an accountant selected by the Property Owner. Such accountant
shall be permitted to inspect all books and records of Declarant necessary to determine the
amount of the Operating Costs. If the audit discloses that Declarant has overstated a Section's
share of Operating Costs, then Declarant shall immediately refund the amount overpaid to the
Property Owner(s) of such Section. In addition, if any such audit discloses that Declarant has
overstated the Section's share of Operating Costs by more than two percent (2%), Declarant
shall immediately pay the costs of any such audit.
ARTICLE VI
ENFORCEMENT
6.1 Abatement and Suit. Without limitation of any rights herein specifically provided,
violation or breach of any restriction herein contained shall give to Declarant and the Property
Owner(s) the right but not the obligation to prosecute a proceeding at law or in equity against
the person or persons who have violated or are attempting to violate any of these restrictions to
enjoin or prevent them from doing so, to cause said violation to be remedied or to recover
damages for said violation.
6.2 Attorneys' Fees. In any legal or equitable proceeding for the enforcement or to
restrain the violation of this Declaration or any provision hereof, the losing party or parties shall
pay the attorneys' fees of the prevailing party or parties, in such amount as may be fixed by the
Court in such proceeding. All remedies provided herein or at law or in equity shall be cumulative
and not exclusive.
6.3 inspection. Declarant may from time to time at any reasonable hour or hours,
with at least twenty-four (24) hours prior notice to the affected Property Owner, enter and
inspect the Property subject to these restrictions to ascertain compliance therewith.
6.4 Lien for Unpaid Charges.
(a) If the Property Owner(s) of a Section fails to pay any portion of the
Section's obligation to Declarant (or to whom Declarant directs such payment to be made), then
Declarant may pay such monies for the account of the Property Owner(s) of such Section, and
all expenses of Declarant so incurred on account of such non-payment shall be payable by the
Property Owner(s) of the Section to Declarant together with interest and late fees as provided in
paragraph 5.3 (Payments) above, accruing from the date of expenditure by Declarant until paid
in full. The amount of the Section's obligation, together with all expenses of Declarant incurred
as set forth immediately above, as well as all other sums hereunder required to be paid by the
Property Owners) of the Section to Declarant and not paid when due, including without
limitation attorneys' fees and all costs of collection shall constitute and be a lien in favor of
Declarant on the Property upon filing of a notice of lien in the Office of the Assistant Registrar of
the Land Court of the State of Hawaii.
(b) Such lien shall be subject and subordinate to the lien of any mortgage
upon the Property filed in the Office of the Assistant Registrar of the Land Court of the State of
Hawaii prior to the filing of Declarant's notice of lien, and the sale or transfer of any lot in
foreclosure of any such mortgage, whether by judicial proceedings or pursuant to a power of
Execution Copy
4840-7230-0802. t .060497-00033
8.
-------
sale contained in such mortgage, or by the transfer or conveyance to the mortgagee by deed in
lieu of foreclosure, shall extinguish the lien as to the payments of any assessment which
became due prior to such sale, transfer or conveyance; provided, however, that no such sale,
transfer or conveyance shall relieve the Property Owner of the Property or the purchaser or
transferee thereof with regard to assessments thereafter becoming due. Declarant shall record
such notice of lien within one hundred eighty (180) days following the occurrence of such default
and shall commence proceedings to enforce such lien within six (6) months following such
recordation. Such lien may be foreclosed by suit in the manner of foreclosure of a mortgage of
real property, and Declarant or any other prospective purchaser thereof shall have the power to
bid on the Property at foreclosure sale and to acquire and hold, lease, mortgage or convey the
same. A suit to recover a money judgment for unpaid assessments shall be maintainable
without foreclosing or waiving the lien securing the same. The foregoing remedies shall be in
addition to any other remedies provided by law for the enforcement of any such assessment
obligation.
(c) Upon request, Declarant shall issue a certificate stating the amount of
indebtedness secured by a lien upon the Property. Such certificate shall be conclusively
binding upon Declarant and the Property Owner(s) of a Section in favor of all persons who rely
thereon in good faith as to the amount of such indebtedness existing on the date of the
certificate. Property Owners may request that such a certificate be issued and may obtain a
copy thereof for a reasonable fee charged by Declarant.
6.5 Failure to Enforce Not a Waiver of Rights. Each remedy provided for in this
Declaration is cumulative and non-exclusive. The failure of Declarant in any case to enforce any
of the provisions of any limitation, covenant, condition or restriction herein contained shall in no
event be deemed to be a waiver of the right to enforce any such provision or to do so thereafter,
nor of the right to enforce any other provisions of this Declaration.
ARTICLE VII
general
7.1 Governing Law. This Declaration shall be governed and construed in
accordance with the laws of the State of Hawaii, including the Water Code of the State of Hawaii
and the rules and regulations of the Commission on Water Resource Management of the State
of Hawaii ("CWRM") promulgated thereunder and, to the extent determined applicable, the
statutes governing public utilities and the rules and the regulations of the Public Utilities
Commission of the State of Hawaii ("PUC"), the Board of Water Supply of the City and County
of Honolulu ("BWS"l the Department of Health of the State of Hawaii ("DOH") and other
governmental authorities. Declarant excepts and reserves for itself, its successors and assigns,
from this Declaration, the sole and exclusive right and power, with respect to all matters
pertaining to water use, consumption, and development on or affecting the Water Sources, the
Water Easements or the Water Delivery System, (a) to apply for, receive, hold and own permits
and certificates, in its own name alone, issued by or under the authority of CWRM, or by or
under the authority of any other governmental agency or body now or hereafter constituted with
jurisdiction over water sources or development thereof ("governmental authoritv"Y. (b) to
register wells or stream diversion works, if any, and facilities therefor, and to file any reports with
CWRM or any governmental authority in connection therewith; (c) to make any necessary
declarations and reports of water use as may be required by CWRM or governmental authority;
and (d) to petition, apply to and appear before CWRM or other governmental authority in its
Execution Copy
4840-7230-0802.1.060497-00033
9.
-------
name alone or on behalf of itself and a Property Owner. A Property Owner shall not take any of
the foregoing actions with respect to the Water Sources, the Water Easements or the Water
Delivery System unless and to the extent specifically authorized to do so in writing by Declarant.
If requested by Declarant, a Property Owner shall join in any report, declaration, registration,
petition, application to or appearance before CWRM or other governmental authority. Upon the
termination of this Declaration for any reason, and upon the written request by Declarant, the
Property Owner shall apply, or join in any application made by Declarant to CWRM or
governmental authority for the transfer of any permit involving the Water Sources in the Property
Owner's name or in which the Property Owner may have an interest, to Declarant or Declarant's
nominee, without payment of any consideration to the Property Owner therefor. In the event
that the PUC, the BWS or any other governmental authority shall be determined to have
jurisdiction over the Water Sources, the Water Easements and/or this Declaration, this
Declaration shall be further subject to any terms and conditions imposed by the PUC, the BWS
or such other governmental authority, and Declarant may, if any of such conditions are not
acceptable to Declarant, terminate this Declaration upon thirty (30) days' prior written notice to
the Property Owners.
7.2 Release and Indemnity. Declarant makes no warranty or representation, express
or implied, as to (a) the quality of the water, including its chemical or turbidity content, (b) its
fitness for agricultural use or of any other kind, (c) the capacity of the Water Sources and the
quantity of water output, (d) ownership of the water, (e) permits to use the water, or (f) the
availability of water. Declarant will not be responsible for any loss, cost, damage, liability or
claim, including attorneys' fees, for injury or death to persons or property arising out of or in
connection with the use of the water delivered to the Property Owners. Each Property Owner
indemnifies and holds Declarant harmless from and against any such loss, cost, damage,
liability or claim arising therefrom. Declarant shall not be required to transmit water to a
Property Owner for any period of time which Declarant is prevented from doing so as a result of
equipment failure, government action, labor unrest, acts of God or other reasons beyond
Declarant's control.
7.3 Constructive Notice and Acceptance. Every or all person or persons, corporation
or corporations, or other legal entity or entities who now or hereafter own or acquire any right,
title or interest in or to any portion of the Property are and shall be conclusively deemed to have
consented and agreed to every provision contained herein, whether or not any reference to this
Declaration is contained in the instrument by which such person or persons, corporation or
corporations, or other legal entity or entities acquired an interest in the Property.
7.4 Declaration Runs with Land. AH provisions contained herein shall burden each
and every part of the parcel of the Property; and shall operate as covenants running with the
land, and shall apply to and bind the heirs, devisees, personal representatives, assignees and
successors in interest of the Property Owners, and all lessees and sublessees or vendees of all
or any portion of the Property, and shall be enforceable as such in accordance with the terms
and provisions of this Declaration; provided, however, the right to enforce this Declaration is
reserved to Declarant, its successors and assigns, and to no one else.
7.5 Notice. Any notice provided for in this Declaration shall be served personally or
shall be mailed by registered or certified mail to Declarant, the representative of a Section or the
Association, as applicable. All such notices shall, for all purposes, be deemed delivered (a)
upon personal delivery to the party or address specified above or
-------
7.6 Amendment. In addition to specific amendment rights granted elsewhere in this
Declaration, so long as Declarant owns any portion of the Property, Declarant unilaterally may
amend this Declaration for any purpose until the Substitution Date. Thereafter, this Declaration
may be amended upon the written consent of the Property Owners of the Sections holding 75%
of the water allocations set forth in paragraph 2.4 fWater Allocation) above; provided, however
that so long as Declarant owns any portion of the Property, any amendment to this Declaration
shall require Declarant's consent, which consent may be withheld by Declarant in its sole
discretion. Amendments to this Declaration shall become effective upon recordation unless a
later effective date is specified therein. Any procedural challenge to an amendment must be
made within six months of its recordation, or such amendment shall be presumed to have been
validly adopted. In no event shall a change of conditions or circumstances operate to amend
any provisions of this Declaration. If an individual or entity consents to any amendment to this
Declaration, it will be conclusively presumed that such individual or entity has the authority so to
consent, and no contrary provision in any mortgage or contract between such individual or entity
and a third party will affect the validity of such amendment. No amendment may remove,
revoke, or modify any right or privilege of Declarant without Declarant's written consent or that
of the assignee of such right or privilege, which consent may be withheld by Declarant its sole
discretion.
7.7 Voting Rights of Each Section. The Property Owner(s) in each Section shall be
entitled to a vote in the Association equal to the percentage of water allocation for that Section
(i.e., if a Section has a water allocation of 25%, then the Property Owner(s) of that Section shall
have a 25% voting interest in the Association). If there is more than one Property Owner in a
Section, then the percentage vote allocated to that Section may be cast only in accordance with
the agreement of a majority in interest of the Property Owners of that Section.
7.8 Assignment. The Property Owners acknowledge and agree that JCCLLC may
assign its rights as Declarant under this Declaration to an affiliate without the consent of the
Property Owners. Upon such assignment to any such affiliate, and the assumption of such
affiliate of JCCLLC's obligations under this Declaration, JCCLLC shall have no further liability
under this Declaration provided that the assignee assumes and agrees to perform ail of
JCCLLC's obligations under this Declaration.
7.9 Association's Role After the Substitution Date. Except for the rights provided in
paragraph 2.9 (Annexation of Land) above, all rights and duties retained by Declarant under this
Declaration shall pass to and be assumed by the Association on the Substitution Date.
7.10 Binding Effect. This Declaration and all of the terms, covenants and conditions
hereof shall extend to the benefit of and be binding upon the respective successors and assigns
of Declarant, the Association and the Property Owners.
7.11 Withdrawal. Declarant reserves, in its sole discretion, the right from time to time
to withdraw from this Declaration a portion of the Property by recording with the Assistant
Registrar of the Land Court of the State of Hawaii an amendment to this Declaration noting the
withdrawal of such Property. An amendment recorded pursuant to this paragraph shall not
require the consent of any person except the Property Owner(s) of such Property, if other than
Declarant. Upon the recordation of the amendment, such property shall be withdrawn from the
Property, and shall be free and clear of the encumbrance of this Declaration and any and all
obligations that may arise hereunder; provided, however, that Declarant shall not have the right
to allocate or deliver any water from the Water Sources to such withdrawn property, and that the
Execution Copy
4840-7230-0802.1.060497-00033
11.
-------
Water Sources, Water Easements and Water Delivery System shall remain the property of
Declarant or the Association.
7.12 Right to Terminate. Notwithstanding any other term or provision in this
Declaration, this Declaration may be terminated unilaterally by Declarant if Declarant is unable
to obtain and maintain the rights to all governmental licenses, permits and approvals necessary
to withdraw water from the Water Sources, including the revocable permits currently owned by
Del Monte for use of the Water Sources, pursuant to paragraph 2,3 (Licenses, Permits and
Approvals) above. The termination of this Declaration shall be effective upon the recordation of
a proper instrument with the Assistant Registrar of the Land Court of the State of Hawaii.
7.13 Duration. Unless terminated as provided above, this Declaration shall have
perpetual duration. If Hawaii law hereafter limits the period during which covenants may run
with the land, then to the extent consistent with such law, this Declaration shall automatically be
extended at the expiration of such period for successive periods of 20 years.
7.14 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions
of this Declaration shall be unlawful, void, or voidable for violation of the rule against
perpetuities, then such provisions shall continue only until 21 years after the death of the last
survivor of the now living descendants of Elizabeth II, Queen of England.
7.15 Severability. Invalidation of any provision of this Declaration, in whole or in part,
or any application of a provision of this Declaration by judgment or court order shall in no way
affect other provisions or applications.
7.16 Captions. The captions of each Article and paragraph hereof, as to the contents
of each Article and paragraph, are inserted only for convenience and are in no way to be
construed as defining, limiting, extending, or otherwise modifying or adding to the particular
Article or paragraph to which they refer.
[This space intentionally left blank; signature(s) on following pag(e)]
Execution Copy
4840-7230-0802. t .060497-00033
12.
-------
IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the date
first above written.
DECLARANT:
JAMES CAMPBELL COMPANY LLC, a
Delaware limited liability company
Stepnen H. MacMillan
Its President/Chief Executive Officer
Its Executive Vice President
Hawaii Land Management
Execution Copy
4840-7230-0802.1.060497-00033
13.
-------
STATE OF HAWAII )
) ss.
CITY AND COUNTY OF HONOLULU )
On this nth day of December, 2007, before me personally appeared
Stephen H. MacMillan and Bertram L. Hatton, to me personally known, who, being by me duly
sworn or affirmed, did say that such persons executed the foregoing instrument as the free act
and deed of such persons, and if applicable in the capacities shown, having been duly
authorized to execute such instrument in such capacities.
LS
Norary Public, State of Hawaii
Name: Lydia L. Hannemaira
My commission expires: Feb. 11, 2008
4840-7230-0802.1.060497-00033
-------
EXHIBIT A
Property Description
KUNIA SECTION 2:
PARCEL ONE:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-8-B (area 854.23 acres), as shown on Map 5, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No,
830,900 issued to James Campbell Company LLC, a Delaware limited liability company.
End of Parcel One Description
4o4G-7230-0802.1.080487-00033
Page 1 of 8
EXHIBIT A
-------
KUNIA SECTION 6:
PARCEL TWO:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-9-A (area 19.296 acres), as shown on Map 6, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830.905 issued to James Campbell Company LLC.
End of Parcel Two Description
PARCEL THREE:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 169 (area 0.693 acres), as shown on Map 27, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830.906 issued to James Campbell Company LLC.
End of Parcel Three Description
PARCEL FOUR:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 171 (area 1.319 acres), as shown on Map 27, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830.907 issued to James Campbell Company LLC.
End of Parcel Four Description
4840-723u-u8Oii,1 usk>49?-00033
Page 2 of 8
EXHIBIT A
-------
PARCEL FIVE:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 416 (area 91.99 acres), as shown on Map 76, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased,
BEING all of the land described in and covered by Certificate of Title No.
830,908 issued to James Campbell Company LLC.
End of Parcel Five Description
PARCEL SIX:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 878 (area 432.503 acres), as shown on Map 109, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830,909 issued to James Campbell Company LLC.
End of Parcel Six Description
PARCEL SEVEN:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 879 (area 198.580 acres), as shown on Map 109, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830,910 issued to James Campbell Company LLC.
End of Parcel Seven Description
PARCEL EIGHT:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 880 (area 93.117 acres), as shown on Map 109, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830,911 issued to James Campbell Company LLC.
End of Parcel Eight Description
Page 3 of 8 exhibit a
4G40-723G-0302.1.060437-00033
-------
PARCEL NINE:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows;
LOT 881 (area 11.129 acres), as shown on Map 110, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830,912 issued to James Campbell Company LLC.
End of Parcel Nine Description
4040-7230-0602.1.060497-00033
Page 4 of 8
EXHIBIT A
-------
KUNIA SECTION 8:
PARCEL TEN:
All of that certain parcel of land situate at Honouiiuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 882-A (area 425.963 acres), as shown on Map 110, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in arid covered by Certificate of Title No.
830,913 issued to James Campbell Company LLC, a Delaware limited liability company.
End of Parcel Ten Description
484O-72S0-0302.1.060497-00033
Page 5 of 8
EXHIBIT A
-------
KUNIA SECTIONS 7 & 9:
PARCEL ELEVEN;
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT 16853 (area 2,507.948 acres), as shown on Map 1302, filed in the Office of
the Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830.914 issued to James Campbell Company LLC, a Delaware limited liability company.
End of Parcel Eleven Description
PARCEL TWELVE:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-2 (area 0.028 acre), as shown on Map 4, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830.915 issued to James Campbell Company LLC, a Delaware limited liability company.
End of Parcel Twelve Description
PARCEL THIRTEEN:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-3 (area 7.099 acres), as shown on Map 4, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830.916 issued to James Campbell Company LLC, a Delaware limited liability company.
End of Parcel Thirteen Description
4540-7230-0802.1 060497-00033
Page 6 of 8
EXHIBIT A
-------
PARCEL FOURTEEN:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-4 (area 3.307 acres), as shown on Map 4, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No,
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830.917 issued to James Campbell Company LLC, a Delaware limited liability company.
End of Parcel Fourteen Description
PARCEL FIFTEEN:
All of that certain parcel of land situate at Honouliuli, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
LOT M-5 (area 0 .676 acre), as shown on Map 4, filed in the Office of the
Assistant Registrar of the Land Court to the State of Hawaii with Land Court Application No.
1069 of the Trustees under the Will and of the Estate of James Campbell, Deceased.
BEING all of the land described in and covered by Certificate of Title No.
830.918 issued to James Campbell Company LLC, a Delaware limited liability company.
End of Parcel Fifteen Description
4840-F230-O8O2.1,060497-00033
Page 7 of 8
EXHIBIT A
-------
PARCEL SIXTEEN:
All of that certain parcel of land situate at Hoaeae, District of Ewa, City and
County of Honolulu, Island of Oahu, State of Hawaii, more particularly described as follows:
ROYAL PATENT NUMBER 4490, LAND COMMISSION AWARD 10,474,
APANA 9 TO NAMAUU, situate, lying and being on the westerly side of Kunia Road, being
PARCEL 5, and thus bounded and described as per survey dated August 8,1988:
Beginning at the north corner of this parcel of land and on the westerly side of
Kunia Road, the coordinates of said point being referred to Government Survey Triangulation
Station "KAPUAI NEW", being 22,750.96 feet North and 4,331.52 feet East, thence running by
azimuths measured clockwise from true South:
1. Along the westerly side of Kunia Road, on a curve to the left with a radius
of 2,894.90 feet, the azimuth and distance
of the chord being:
345° 29' 57" 611.81 feet;
2. 159° 26' 573.67 feet along Lot M-1-A-1 of Land Court
Application 1069;
3. 221® 12" 30" 73.38 feet along Lot M-1-A-1 of Land Court
Application 1069 to the point of beginning
and containing an area of 11,930, square
feet, more or less.
BEING a portion of the premises acquired by Trustees Limited Warranty Deed
dated November 1, 2006, made by the Trustees under the Will and of the Estate of James
Campbell, Deceased, as grantors, and James Campbell Company LLC, as grantee, filed in the
Office of the Assistant Registrar of the Land Court of the State of Hawaii as Document No.
3505988 and recorded in the Bureau of Conveyances of the State of Hawaii as Document No.
2006-198463.
End of Parcel Sixteen Description
4840-7230-0802.1.060497-00033
Page 8 of 8
EXHIBIT A
-------
HONOUUUU
FOREST
RESERVE
EXHIBIT n0H
"Sections" Under The
Declaration of Covenants
Regarding Water
Allocation and Easements
EEJ
-------
EXHIBIT C-1
Current Percentage of Water Allocation
Section
Percentage of Water Allocation up to
Delivery Point
9
40.78%
8
13.74%
7
17.36%
6
3.82%
2
14.18%
Kunia Village Area
10.12%
484O-723CW802.1.080497-00033
Page 1 of 1
EXHIBIT C-1
-------
EXHIBIT C-2
Percentage of Water Allocation including State of Hawaii Land
Section
Percentage of Water Allocation up to
Delivery Point
9
35.70%
8
12.03%
7
15.20%
6
3.35%
2
12.41%
Kunia Village Area
8.87%
State of Hawaii
12.44%
4840-7230-0802.1.080497-00033
Page 1 of 1
EXHIBIT C-2
-------
EXHIBIT D
-------
Attachment 2
Figures
-------
1
N
EXPLANATION
KNSN EPA Well Restriction Area
~ Source Area
Site Plan
D«t MonWKunid
BfcW-6
BMWC2
BMW-4
BWW-5
| Sec tion 6 |
{$LNR Pear J Hatbcx Middle
D'•• •• Kory Well*^
_
| Section 9]
Section 2
MRMaEfaa-Deefc
IW^nitorirfq'Wtrfi
-------
® WfcB Local b»n*
Dll 9«1» Sof,nwtJiry
ApprOxImal* B«mI Aqullw Bound«»i«»
C«ft»lfl arau su&Jw( to
I ixrteniiAl f
-------
Appendix F
Site Inspection Checklist, Photographs,
and Figures
-------
Site Inspection Checklist
I. SITE INFORMATION
Site name: Del Monte Corporation (Oahu Plantation)
Superfund Site
Date(s) of inspection: January 27, 2010
Location and Region: Kunia, Oahu, HI
Agency, office, or company leading the five-year
review: US Environmental Protection Agency, Region 9
Remedy Includes: (Check all that apply)
ELandfill cover/containment
S Access controls
S Institutional controls
S Groundwater pump and treatment
~ Surface water collection and treatment
EPA ID: HID980637631
Weather/temperature: Breezy, mostly cloudy, approx. 83 F
S Monitored natural attenuation
S Groundwater containment
~ Vertical barrier walls
S Other SVE and Phvtoremediation Treatment System
Attachments: ~ Inspection team roster attached
S Site maps attached
II. INTERVIEWS (Check all that apply)
1. O&M site manager Gary Zimmerman Project Manager January 27. 2010
Name Title Date
Interviewed Sat site ~ at office ~ by phone Phone no. 425-883-0777
Problems, suggestions; [H Report attached
2. O&M staff Shane Lee O&M Supervisor January 27. 2010
Name Title Date
Interviewed 0 at site ~ at office ~ by phone Phone no. 808-674-9996
Problems, suggestions; [H Report attached
3. Local regulatory authorities and response agencies (i.e., State and Tribal offices, emergency response office,
police department, office of public health or environmental health, zoning office, recorder of deeds, or other city
and county offices, etc.) Fill in all that apply.
Agency Hawaii Department of Health. Hazard Evaluation and Emergency Response Office
Contact Eric Sadovama Remedial Project Manager January 21.2010 808-586-4249
Name Title Date Phone no.
Problems; suggestions; [H Report attached
4. Other interviews (optional) ~ Report attached.
ES032510143353BAO\100890006 F-1
-------
APPENDIX F
SITE INSPECTION CHECKLIST
III. ON-SITE DOCUMENTS & RECORDS VERIFIED (Check all that apply)
1. O&M Documents
E O&M manual
S Readily available
S Up to date
~ N/A
S As-built drawings
S Readily available
S Up to date
~ N/A
S Maintenance logs
S Readily available
S Up to date
~ N/A
Remarks: O&M Manual for Kunia Well Treatment System (Golder, Oct. 2008), O&M Manual for Perched
Groundwater Remediation System, including As-Built Drawings (Golder, June 2009), Compliance Monitoring Plan
(Golder, July 2009), O&M records for perched and basal remediation systems, daily logs, weekly and monthly
inspection logs
2. Site-Specific Health and Safety Plan [H Readily available [H Up to date ~ N/A
S Contingency plan/emergency response plan HI Readily available [H Up to date ~ N/A
Remarks: Remedial Action Health and Safety Plan - Golder, July 2009
3. O&M and OSHA Training Records S Readily available S Up to date ~ N/A
Remarks
4. Permits and Service Agreements
~ Air discharge permit ~ Readily available ~ Up to date [H N/A
~ Effluent discharge ~ Readily available ~ Up to date [H N/A
~ Waste disposal, POTW ~ Readily available ~ Up to date [H N/A
~ Other permits ~ Readily available ~ Up to date [H N/A
Remarks: CERCLA action, no permits required; substantive requirements are being met.
5. Gas Generation Records ~ Readily available ~ Up to date [H N/A
Remarks:
6. Settlement Monument Records 0 Readily available [H Up to date ~ N/A
Remarks: Consent Decree with James Campbell Co., LLC (March 2007); 2009 Institutional Controls Annual Report
(LFR, Oct. 2009)
7. Groundwater Monitoring Records 0 Readily available [H Up to date ~ N/A
Remarks: Quarterly basal and perched aquifer groundwater monitoring reports to document quarterly groundwater
sampling events are submitted to EPA and Hawaii Department of Health
8. Leachate Extraction Records ~ Readily available ~ Up to date [H N/A
Remarks:
9. Discharge Compliance Records
~ Air [H Readily available S Up to date ~ N/A
~ Water (effluent) [H Readily available [H Up to date ~ N/A
Remarks: Post-treatment air and groundwater discharge is monitored monthly and reported quarterly, meeting
substantive permitting requirements.
10. Daily Access/Security Logs [H Readily available [H Up to date ~ N/A
Remarks
F-2 ES032510143353BAO\100890006
-------
APPENDIX F
SITE INSPECTION CHECKLIST
1. O&M Organization
~ State in-house
~ PRP in-house
~ Federal Facility in-house
~ Other
IV. O&M COSTS
~ Contractor for State
E Contractor for PRP
~ Contractor for Federal Facility
2. O&M Cost Records
S Readily available [H Up to date
S Funding mechanism/agreement in place
Original O&M cost estimate: $1.590.000 total for perched aquifer treatment system and
$5.580.000 for basal aquifer treatment system, including post-closure monitoring (FS. Golder Feb 20031
~ Breakdown attached
Total annual cost by year for review period if available
From 9/1/2005 To 12/31/2005 $140.000 ~ Breakdown attached
Date Date Total cost
For basal groundwater only; Kunia Well treatment System (KWTS) pump and treat system started Sept. 2005
From 1/1/2006 To 12/31/2006 $464.000 ~ Breakdown attached
Date Date Total cost
For basal groundwater only; KWTS pump and treat system
From 1/1/2007 _ To 12/31/2007 $464.000 ~ Breakdown attached
Date Date Total cost
For basal groundwater only; KWTS pump and treat system
Date Date Total cost
From 1/1/2008 To 12/31/2008 $498.000 ~ Breakdown attached
Date Date Total cost
For basal groundwater and Vi year for perched system (S VE and GW pump and treat)
Date Date Total cost
From 1/1/2009 To 12/31/2009 $690.000 ~ Breakdown attached
Date Date Total cost
For KWTS and perched system (SVE and GW pump and treat)
3. Unanticipated or Unusually High O&M Costs During Review Period
Describe costs and reasons: In January 2009. monthly KWTS performance sampling analytical results indicated
that granular activated carbon (GAP removal efficiency had dropped below 50%. resulting in breakthrough of
constituents of concern (COCs) above Maximum Contaminant Levels (MCLs) in treated effluent. The KWTS was
shut down on Jan. 13. 2009 and spent GAC was removed and replaced with new GAC. The KWTS resumed
operation on Feb. 13.2009. Spent GAC from the KWTS was determined to contain listed hazardous wastes (EDB.
DE5CP). The GAC (approximately 16 Ions) was transported to a permitted hazardous waste disposal facility in
Oregon (there are no hazardous waste facilities in Hawaii) at a cost of about $37.000.
ES032510143353BAO\100890006
F-3
-------
APPENDIX F
SITE INSPECTION CHECKLIST
V. ACCESS AND INSTITUTIONAL CONTROLS [H Applicable ~ N/A
A. Fencing
1. Fencing damaged ~ Location shown on site map [H Gates secured ~ N/A
Remarks: There are locked, security fences, in good condition, around the perched aquifer source area, including
perched aquifer wells, BMW-1 and BMW-2, and the phytoremediation areas (Figure 2-1). Additional fences
surround both the perched and basal aquifer treatment systems. Gates are always locked unless personnel are onsite
(see Photos 1 and 2)
B. Other Access Restrictions
1. Signs and other security measures ~ Location shown on site map ~ N/A
Remarks: There are signs posted on the fences and gates at both treatment systems.
C. Institutional Controls (ICs)
1. Implementation and enforcement
Site conditions imply ICs not properly implemented
~ Yes
E No ~ N/A
Site conditions imply ICs not being fully enforced
~ Yes
E No ~ N/A
Type of monitoring {e.g., self-reporting, drive by) Daily personnel onsite. gates locked on weekends
Frequency Daily
Responsible party/agency Second City Property Management Inc.
Contact Shane Lee O&M Supervisor _ 808-674-9996
Name Title Phone no.
Reporting is up-to-date [H Yes
~ No ~ N/A
Reports are verified by the lead agency [H Yes
~ No ~ N/A
Specific requirements in deed or decision documents have been met [H Yes ~ No ~ N/A
Violations have been reported ~ Yes
~ No IN/A
Other problems or suggestions: ~ Report attached
No violations, unauthorized entries, or vandalism reported
2. Adequacy 0 ICs are adequate ~ ICs are inadequate ~ N/A
Remarks The IC Consent Decree with James Campbell Company LLC (JCC) requires JCC to verify that owners
and lessees have not undertaken any construction in the source area or well restriction area that would damage or
interfere with the remediation systems or wells, or submitted a request for a water use permit to extract water from
any well in the well restriction area without approval from EPA. A 2009 Annual IC report (LFR. Oct 20091 verifies
that the Consent Decree is being complied with.
D. General
1. Vandalism/trespassing ~ Location shown on site map [H No vandalism evident
Remarks:
2. Land use changes on site 0 N/A
Remarks: Currently zoned for agricultural use (AG-1) as in previous years.
F-4 ES032510143353BAO\100890006
-------
APPENDIX F
SITE INSPECTION CHECKLIST
3. Land use changes off site [H N/A
Remarks:
VI. GENERAL SITE CONDITIONS
A. Roads 0 Applicable ~ N/A
1. Roads damaged ~ Location shown on site map [H Roads adequate ~ N/A
Remarks: Unpaved roads
B. Other Site Conditions
Remarks
VII. LANDFILL COVERS ID Applicable ~ N/A
A. Landfill Surface
1. Settlement (Low spots) ~ Location shown on site map 0 Settlement not evident
Areal extent Depth
Remarks Vegetated cover appears to be in good condition. No settlement observed. Fresh soil had been placed
around several perched aquifer extraction well pads to make them match existing surface grade (see Photos 3 and 41
and mitigate any future erosion/settlement issues.
2. Cracks ~ Location shown on site map 0 Cracking not evident
Lengths Widths Depths
Remarks
3. Erosion ~ Location shown on site map HI Erosion not evident
Areal extent Depth
Remarks Fresh soil had been placed around several perched aquifer extraction well pads to make them match
existing surface grade and mitigate any future erosion/settlement issues.
4. Holes ~ Location shown on site map 0 Holes not evident
Areal extent Depth
Remarks
5. Vegetative Cover [H Grass [H Cover properly established [H No signs of stress
~ Trees/Shrubs (indicate size and locations on a diagram)
Remarks Vegetated cover appears healthy and well maintained. Areal extent is shown on Figure 3-1.
6. Alternative Cover (armored rock, concrete, etc.) 0 N/A
Remarks
7. Bulges ~ Location shown on site map 0 Bulges not evident
Areal extent Height
Remarks
ES032510143353BAO\100890006
F-5
-------
APPENDIX F
SITE INSPECTION CHECKLIST
Wet Areas/Water Damage
~ Wet areas
~ Ponding
~ Seeps
~ Soft subgrade
Remarks
S Wet areas/water damage not evident
~ Location shown on site map Areal extent_
~ Location shown on site map Areal extent_
~ Location shown on site map Areal extent_
~ Location shown on site map Areal extent_
9. Slope Instability ~ Slides ~ Location shown on site map [H No evidence of slope instability
Areal extent
Remarks
B. Benches ~ Applicable E N/A
(Horizontally constructed mounds of earth placed across a steep landfill side slope to interrupt the slope in order to
slow down the velocity of surface runoff and intercept and convey the runoff to a lined channel.)
1. Flows Bypass Bench ~ Location shown on site map ~ N/A or okay
Remarks
2.
Bench Breached
Remarks
~ Location shown on site map
~ N/A or okay
3.
Bench Overtopped
Remarks
~ Location shown on site map
~ N/A or okay
C. Letdown Channels [H Applicable ~ N/A
(Channel lined with erosion control mats, riprap, grout bags, or gabions that descend down the steep side slope of
the cover and will allow the runoff water collected by the benches to move off of the landfill cover without creating
erosion gullies.)
1. Settlement ~ Location shown on site map S No evidence of settlement
Areal extent Depth
Remarks Stormwater diversion channel, lined with rip-rap in good condition and functioning as designed (see
Photo 51.
2. Material Degradation ~ Location shown on site map 0 No evidence of degradation
Material type Areal extent
Remarks
3. Erosion ~ Location shown on site map S No evidence of erosion
Areal extent Depth
Remarks
4. Undercutting ~ Location shown on site map 0 No evidence of undercutting
Areal extent Depth
Remarks
5. Obstructions Type S No obstructions
~ Location shown on site map Areal extent
Size
Remarks
F-6
ES032510143353BAO\100890006
-------
APPENDIX F
SITE INSPECTION CHECKLIST
6. Excessive Vegetative Growth Type
~ No evidence of excessive growth
S Vegetation in channels does not obstruct flow
~ Location shown on site map Areal extent
Remarks Vegetation (California grass) in lower stormwater channel helps filter stormwater runoff and keeps
culvert underneath Kunia road free of debris.
D. Cover Penetrations E Applicable ~ N/A
1. Gas Vents ~ Active ~ Passive
~ Properly secured/locked ~ Functioning ~Routinely sampled ~ Good condition
~ Evidence of leakage at penetration ~ Needs Maintenance
E N/A
Remarks:
2. Gas Monitoring Probes
S Properly secured/locked 0 Functioning ~ Routinely sampled 0 Good condition
~ Evidence of leakage at penetration ~ Needs Maintenance ~ N/A
Remarks SVE and dual-phase extraction wells have vacuum ports that are measured regularly (daily or weekly) to
log vacuums on active SVE headers (Photo 61. Regular air sampling is done at header manifolds (Photo 71.
3. Monitoring Wells (within surface area of landfill)
S Properly secured/locked 0 Functioning 0 Routinely sampled 0 Good condition
~ Evidence of leakage at penetration ~ Needs Maintenance [H N/A
Remarks Perched and basal aquifer monitoring wells are sampled quarterly. Perched wells are within the locked
fence around the source area. Basal wells are locked within steel monuments. To eliminate malfunctions and
logistical challenges Del Monte has recently received approval from EPA to pull submersible pumps from all basal
monitoring wells and sample using point-source bailers.
4. Leachate Extraction Wells
~ Properly secured/locked ~ Functioning ~Routinely sampled ~ Good condition
~ Evidence of leakage at penetration ~ Needs Maintenance
E N/A
Remarks:
5. Settlement Monuments ~ Located ~ Routinely surveyed 0 N/A
Remarks
E. Gas Collection and Treatment ~ Applicable [H N/A
1. Gas Treatment Facilities
~ Flaring ~ Thermal destruction ~ Collection for reuse
~ Good condition ~ Needs Maintenance
Remarks
2. Gas Collection Wells, Manifolds and Piping
~ Good condition ~ Needs Maintenance
Remarks
3. Gas Monitoring Facilities (e.g., gas monitoring of adjacent homes or buildings)
~ Good condition ~ Needs Maintenance ~ N/A
Remarks
ES032510143353BAO\100890006
F-7
-------
APPENDIX F
SITE INSPECTION CHECKLIST
F. Cover Drainage Layer ~ Applicable S N/A
1. Outlet Pipes Inspected ~ Functioning ~ N/A
Remarks
2. Outlet Rock Inspected ~ Functioning ~ N/A
Remarks
G. Detention/Sedimentation Ponds ~ Applicable ID N/A
1. Siltation Areal extent Depth ~ N/A
~ Siltation not evident
Remarks
2. Erosion Areal extent Depth
~ Erosion not evident
Remarks
3.
Outlet Works
Remarks
~ Functioning
~ N/A
4.
Dam
Remarks
~ Functioning
~ N/A
H. Retaining Walls ~ Applicable E N/A
I. Deformations ~ Location shown on site map ~ Deformation not evident
Horizontal displacement Vertical displacement
Rotational displacement
Remarks
2. Degradation ~ Location shown on site map ~ Degradation not evident
Remarks
I. Perimeter Ditches/ S Off-Site Discharge E Applicable ~ N/A
1. Siltation ~ Location shown on site map 0 Siltation not evident
Areal extent Depth
Remarks
2. Vegetative Growth ~ Location shown on site map ~ N/A
S Vegetation does not impede flow
Areal extent Type
Remarks Vegetation (California grass) in lower stormwater channel helps filter stormwater runoff and keeps
culvert underneath Kunia road free of debris
3. Erosion ~ Location shown on site map S Erosion not evident
Areal extent Depth
Remarks
ES032510143353BAO\100890006
-------
APPENDIX F
SITE INSPECTION CHECKLIST
4. Discharge Structure E Functioning ~ N/A
Remarks: Stormwater drainage channel along east portion of perched aquifer source area discharges to a culvert
underneath Kunia Rd (see Figure 3-11.
VIII. VERTICAL BARRIER WALLS ~ Applicable 1D N/A
1. Settlement ~ Location shown on site map ~ Settlement not evident
Areal extent Depth
Remarks
2. Performance MonitoringType of monitoring
~ Performance not monitored
Frequency ~ Evidence of breaching
Head differential
Remarks
IX. GROUNDWATER/SURFACE WATER REMEDIES ID Applicable ~ N/A
A. Groundwater Extraction Wells, Pumps, and Pipelines S Applicable ~ N/A
1. Pumps, Wellhead Plumbing, and Electrical
S Good condition [H All required wells properly operating ~ Needs Maintenance ~ N/A
Remarks Perched aquifer source area wells and piping layout are shown on attached Figure P-325.
2. Extraction System Pipelines, Valves, Valve Boxes, and Other Appurtenances
S Good condition ~ Needs Maintenance
Remarks All extraction wells are in good condition and properly secured.
3. Spare Parts and Equipment
S Readily available [H Good condition ~ Requires upgrade ~ Needs to be provided
Remarks
B. Surface Water Collection Structures, Pumps, and Pipelines ~ Applicable [H N/A
1. Collection Structures, Pumps, and Electrical
~ Good condition ~ Needs Maintenance
Remarks
2. Surface Water Collection System Pipelines, Valves, Valve Boxes, and Other Appurtenances
~ Good condition ~ Needs Maintenance
Remarks
3. Spare Parts and Equipment
~ Readily available ~ Good condition ~ Requires upgrade ~ Needs to be provided
Remarks
ES032510143353BAO\100890006
F-9
-------
APPENDIX F
SITE INSPECTION CHECKLIST
C. Treatment System S Applicable ~ N/A
1. Treatment Train (Check components that apply)
~ Metals removal ~ Oil/water separation E Bioremediation (Phytoremediation)
S Air stripping S Carbon adsorbers
~ Filters
~ Additive (e.g., chelation agent, flocculent)
~ Others
S Good condition ~ Needs Maintenance
S Sampling ports properly marked and functional
S Sampling/maintenance log displayed and up to date
S Equipment properly identified
S Quantity of groundwater treated annually Basal Groundwater - approximately 260 million gal, (approx 1.24
billion gal, since Sept. 20051: Perched Groundwater - approximately 1.3 million gal in 2009
~ Quantity of surface water treated annually
Remarks Basal groundwater pumped from the Kunia Well is treated at the Kunia Well Treatment System (KWTS)
through air stripping and carbon absorption (see Photos 8 and 9) to below MCLs and then used for agricultural
irrigation. Perched groundwater is pumped from extraction wells and held in the White tank (see Photo 10) then
discharged to the KWTS or the Phytoremediation system for treatment (Drawing P-325 and Photo 11).
2. Electrical Enclosures and Panels (properly rated and functional)
~ N/A E Good condition ~ Needs Maintenance
Remarks The KWTS panels and the perched remediation system panels are in good condition (Photos 12 and 13Y
3. Tanks, Vaults, Storage Vessels
~ N/A E Good condition ~ Proper secondary containment ~ Needs Maintenance
Remarks The White Tank stores perched groundwater until discharge to the KWTS or the Phytoremediation system.
4. Discharge Structure and Appurtenances
~ N/A E Good condition ~ Needs Maintenance
Remarks Piping from the KWTS discharges treated groundwater to the irrigation system where it is used for
agriculture.
5. Treatment Building(s)
~ N/A E Good condition (esp. roof and doorways) ~ Needs repair
~ Chemicals and equipment properly stored
Remarks The KWTS and perched aquifer systems are in good condition and well maintained.
6. Monitoring Wells (pump and treatment remedy)
E Properly secured/locked E Functioning E Routinely sampled E Good condition
~ All required wells located ~ Needs Maintenance ~ N/A
Remarks All perched aquifer monitoring wells were inspected and are in good condition. Only basal monitoring
wells BMW-1. -2. and -6 were visited during the inspection. However all monitoring wells are sampled quarterly as
reported in quarterly monitoring reports.
D. Monitoring Data
1. Monitoring Data
E Is routinely submitted on time E Is of acceptable quality
2. Monitoring data suggests:
E Groundwater plume is effectively contained E Contaminant concentrations are declining
Remarks: Perched aquifer monitoring data indicate that the perched groundwater plume has been contained and
COC concentrations have decreased substantially since 2003. Basal aquifer monitoring data indicate COC
F-10
ES032510143353BAO\100890006
-------
APPENDIX F
SITE INSPECTION CHECKLIST
concentrations have decreased in the Kunia Well since the RI was completed and the source area is effectively
contained. COC concentrations in downgradient monitoring wells remain stable and consistent, but this may be
because they are influenced by background COC concentrations. Figure 3-6 shows the basal aquifer monitoring
well network.
E. Monitored Natural Attenuation
1. Monitoring Wells (natural attenuation remedy)
[H Properly secured/locked 0 Functioning S Routinely sampled 0 Good condition
~ All required wells located ~ Needs Maintenance ~ N/A
Remarks Monitored natural attenuation is a contingency remedy for the downgradient basal groundwater.
However, this remedy may not be effective because downgradient concentrations may be the result of background
concentrations of COCs above MCLs. EPA has indicated that a Technical Impractibilitv waiver mav be appropriate
for the site.
X. OTHER REMEDIES
If there are remedies applied at the site which are not covered above, attach an inspection sheet describing the physical
nature and condition of any facility associated with the remedy.
A. Soil Vapor Extraction Wells, Pumps, and Pipelines 0 Applicable ~ N/A
1. Pumps, Wellhead Plumbing, and Electrical
[H Good condition S All required wells properly operating ~ Needs Maintenance ~ N/A
Remarks The SVE system, started in full-scale operation in late 2008. operates in conjunction with perched aquifer
groundwater extraction system in dual extraction wells, and also in SVE-onlv wells. In dual extraction wells,
automated pneumatic pumps keep the groundwater level near the bottom of the well, and active SVE exerts a
vacuum on the unsaturated zone to remove COC mass from the deeper soils. There are 9 SVE headers (Photo 14).
with usually 3-4 headers being active at a time. The vacuum is created with a liquid ring pump (Photo 15) and with
the vapors being treated in two in-line activated carbon canisters (Photo 16) before being released to the
atmosphere.
2. Extraction System Pipelines, Valves, Valve Boxes, and Other Appurtenances
[H Good condition ~ Needs Maintenance
Remarks All SVE extraction wells associated with the on-site treatments system were observed to be in good
condition.
3. Spare Parts and Equipment
[H Readily available [H Good condition ~ Requires upgrade ~ Needs to be provided
Remarks
B. Soil Vapor Monitoring Data
1. Monitoring Data
[H Is routinely submitted on time 0 Is of acceptable quality
2 Monitoring data suggests:
[H Contaminant concentrations are declining
Remarks: Soil vapor data are measured daily, weekly, or monthly, depending upon the phase of the operation (more
frequently at startup). Active headers are alternated throughout the site to allow recovery/rebound of COC
concentrations after they reach asymptotic levels. COC concentrations are declining however, mass recoveries to
date are generally low.
ES032510143353BAO\100890006
F-11
-------
APPENDIX F
SITE INSPECTION CHECKLIST
A. Phytoremediation System S Applicable ~ N/A
1. Vegetative Cover ~ Grass 0 Cover properly established [H No signs of stress
S Trees/Shrubs (indicate size and locations on a diagram)
Remarks Phytoremediation system appears very healthy. This system consists of about 2 acres of plants in a
lined containment area. Prior to construction of the KWTS. extracted perched groundwater was pumped from the
White Tank to irrigate the plants. Analytical testing of the soil and plant material indicated no detections above
screening criteria of COCs. Currently, extracted perched groundwater is held in the White Tank and treated at the
KWTS. and the phytoremediation system typically receives irrigation from the White Tank about once/week to
keep the plants healthy, or if the KWTS is shut down for maintenance, etc.
XL OVERALL OBSERVATIONS
A. Implementation of the Remedy
Describe issues and observations relating to whether the remedy is effective and functioning as designed. Begin
with a brief statement of what the remedy is to accomplish (i.e., to contain contaminant plume, minimize infiltration
and gas emission, etc.).
The Remedial Action Objectives (RAOs) specified in the ROD for the Del Monte Corp. (Oahu Plantation)
Superfund site are to: (1) prevent exposure of the public to contaminated groundwater above the cleanup levels
(MCLs): (2) inhibit further migration of the contaminant plume away from the Kunia Village source area: (3) limit
discharge of perched groundwater and deep soil contaminants to basal groundwater such that basal groundwater
concentrations do not exceed MCLs: (4) restore basal groundwater to beneficial use as a drinking water resource in
a reasonable timeframe.
The implementation of this remedy continues with basal groundwater extraction and treatment from the Kunia Well
to effect plume capture and source control. Approximately 1 million gallons per dav are extracted and treated to
below MSLs at the KWTS before discharge for agricultural irrigation. For the perched aquifer contamination the
remedy consists of groundwater extraction and treatment and a vegetated cover/stormwater controls to effect
perched groundwater source control and inhibit infiltration of perched groundwater to the basal aquifer. This is
augmented with SVE to address deeper soil contamination and institutional controls. Perched groundwater is
treated at the KWTS or the phytoremediation system. Soil vapor is treated with carbon and discharged to the air.
The perched and basal groundwater monitoring and SVE well network. KWTS. and SVE system continues to be
monitored monthly and quarterly, and reported on a quarterly basis. The Kunia Well and KWTS have been
operating since Sept. 2005. Six basal groundwater monitoring wells have been installed by Del Monte from about
1995 through 2007. Monitoring is also conducted at two State-owned monitoring wells. The full perched aquifer
remediation system including extraction wells. SVE. monitoring wells, vegetated cover, and institutional controls
was completed in 2008.
Based on this site inspection, quarterly basal and perched monitoring reports, monthly status reports, and a 3-Year
cumulative basal monitoring report, it appears that the basal and perched remedies and institutional controls are
currently functioning as intended by the ROD. However, due to the presence of background concentrations of
COCs in basal groundwater above MCLs. a TI waiver and possibly a ROD amendment mav be needed for the
remedies as it does not currently appear that reducing basal groundwater COC concentrations to less than MCLs is
feasible.
B. Adequacy of O&M
Describe issues and observations related to the implementation and scope of O&M procedures. In particular,
discuss their relationship to the current and long-term protectiveness of the remedy.
A site inspection was conducted with EPA on January 27. 2010 concurrently with interviews of the Golder project
manager, site O&M supervisor, and HDOH representative. The basal and perched remediation systems and current
O&M activities and documentation all appeared to be in order, and in compliance with the O&M manuals and
Compliance Monitoring Plan (CMP), and the remedies are considered to be protective.
F-12
ES032510143353BAO\100890006
-------
APPENDIX F
SITE INSPECTION CHECKLIST
C. Early Indicators of Potential Remedy Problems
Describe issues and observations such as unexpected changes in the cost or scope of O&M or a high frequency of
unscheduled repairs, that suggest that the protectiveness of the remedy may be compromised in the future.
Periodic problems have been encountered during quarterly basal groundwater monitoring episodes because of
malfunctions with submersible pumps and piping. With EPA approval, all submersible pumps have been removed
from basal monitoring wells and replaced with dedicated point-source bailers. This should eliminate quarterly basal
monitoring data gaps. Minor adjustments are being made to some of the piping and perched groundwater extraction
pumps to overcome backpressure problems and increase extraction efficiency. No other significant or unexpected
issues have been identified.
D. Opportunities for Optimization
Describe possible opportunities for optimization in monitoring tasks or the operation of the remedy.
The Kunia well pumping/source control and KWTS are functioning well and containing the basal plume and
treating extracted groundwater to less than MCLs. The basal groundwater monitoring program is being optimized
by using point source bailers, which give very consistent analytical results, and eliminate problems with
submersible pumps, and transport and disposal of hundreds of gallons of purged groundwater.
Operation of the perched aquifer extraction wells and S YE system are being optimized bv daily, weekly, and
monthly measurements. Perched groundwater extraction rates have improved dramatically with the installation of
automatic pneumatic pumps which has resulted in increased source control and dewatering of the perched aquifer.
SVE mass recoveries are generally low and could possibly be optimized through continued evaluation of recoveries
from various wells and headers.
ES032510143353BAO\100890006
F-13
-------
APPENDIX F
SITE INSPECTION PHOTOGRAPHS
Photo 1: Security Fence and Locked Gate with Kunia and Well Treatment System
Photo 2: Phytoremediation System with Security Fence
ES032510143353BAO\100890007
F-15
-------
APPENDIX F
SITE INSPECTION PHOTOGRAPHS
Photo 3: Vegetated Cover with Perched Aquifer Extraction Wells and Perched Aquifer Treatment
System in Background
Photo 4: Vegetated Cover and Dual Extraction Well (Groundwater and Soil Vapor) Showing Soil
Placed Around Concrete Pad
F--16
ES032510143353BAO\100890007
-------
APPENDIX F
SITE INSPECTION PHOTOGRAPHS
Photo 5: Perched Aquifer Stormwater Diversion Channel
Photo 6: Dual Extraction Well Showing Groundwater Sampling Port (lower right) and Soil Vapor
Vacuum Measurement Port (upper right)
ES032510143353BAO\100890007
F-17
-------
APPENDIX F
SITE INSPECTION PHOTOGRAPHS
Photo 7: Soil Vapor Extraction Headers with Sampling Ports
Photo 8: Kunia Well Treatment System Air Stripping Tower (left) and Carbon Adsorption Tower
(right)
F--18 ES032510143353BAO\100890007
-------
APPENDIX F
SITE INSPECTION PHOTOGRAPHS
Photo 9: Kunia Well Treatment System Carbon Adsorption Tower and Distribution Piping
Photo 10: White Tank Temporary Storage for Extracted Perched Groundwater and Influent Pipe
(left) Distribution Piping to the KWTS or Phytoremediation System (right)
ES032510143353BAO\100890007
F-19
-------
APPENDIX F
SITE INSPECTION PHOTOGRAPHS
Photo 11: Phytoremediation System During Site Inspection
Photo 12: KWTS Control Panel
F-20
ES032510143353BAO\100890007
-------
APPENDIX F
SITE INSPECTION PHOTOGRAPHS
Photo 13: Perched Aquifer Remediation System Control Panels
Photo 14: Soil Vapor Extraction Headers 1 through 9 (left to right), with Yellow on/off Handles
(only Headers 6, 8, and 9 are active)
ES032510143353BAO\100890007
F-21
-------
APPENDIX F
SITE INSPECTION PHOTOGRAPHS
Photo 15: Soil Vapor Extraction System Liquid Ring Vacuum Pump
Photo 16: Soil Vapor Extraction System Carbon Adsorption Tanks (in-line) with Soil Vapor Inlet
(lower left) Exhaust Port to Atmosphere (top right)
F-22 ES032510143353BAO\100890007
-------
J
J
I
FIGURE 2-1
-------
o, . « ^
¦ ar
LEGENCT.
PUH.*T« CAOUhOMTIM A|<> M
•*-
wwma*v
G^DLMWM. ttn CnWCTTCPN WELL CPtf
MM. WWftWwa*!.
4JMWILMLM
(untAHiiiriaimuM
WMUi
o
'•* OCT ATBl MOL CAP AJVA
awowr 0auPcmArcnDrnvc-na«rviCLLCMLT
1VE !TV^ MU
CkUM, Q%>J^i^Aft»oTiv1cr-«:M ^iM«ru
PTrt WWWOTED WW ll9£0 ffMAMaCTATiQiL
KM ftA« lu* «*Q MLL 10CATK*. F ATM BUflWTr GQUPtfipp *MMT. »*
FIGURE 3-1
PERCHED AQUIFER
VEGETATED SOIL CAP AND DRAINAGE AREAS
0€t MONTFJOAHU PL ANTATKjN/SOiTHI
^»« *ro ra*r junj-i i *>
Golder Associates
-------
EW4 t>
MW-31 ¦
EW-6
EW-17
EW-31.
llflfifc
af»J4
e»»i
WiN)wTiB £jrr*ft£*e« *fiA cpit
svt rniK
CH/ttCfl DMJNAde Pf*tL»*
SW ONLV DWX«»AH CXTHMTTEX rtd_L CMLTT
tvt ftvt vwu
DUAL GftGLMMNtTN OTVOV3H AMD M WH.L
~gvi1 aBaflgasHHi ua
iwE3?
4 WILLI EViJqL^-i
(TB TD EW-34)
1 WCLLA EW-ML NW-iHW-'l
{*!• Tgrv.»,
H2lEi
setter haw m# aw mq.l idcatkin pui iLffWf comr-fitd aliquot, kca
MW-5
4 MW-17
<;MW-9
^ MW'1D
KU*fflAWELL
TREATMENT
SYSTEM
( MW-Z2
MW-14
WrffTE
iw;
MW-t
f MW-«
MW-0
H
II I I
«y
Hi:;
i r [ i i ijsi
—
'1
3 5
1 I
; \
ii
!
w
i
ii
i?
t
!C
i!
1
L__
m
£L
LLI -
< W 3
Q u
uj ce CD
I 3 z
fJoi
£ m Q-
a.
i*v I (40*1 «S VCT»
BfWK I i'-=
"• I w,
P-325
-------
t - - -r , , K- Yl&-, I
S? "T * a • V' v; <•, h—
;¦¦: , ;f^W C
: ;.;' v.-'. )?Cl gG^fteld Bai^cKs. r>' .-¦
./ Mifiiaty Re&erve ' "[••'.\
' " ¦ >'- !»£•. / ' - J^5! \ Vi' . 7. ' '<
rjSSjjSEE r-^HM
;•" / jr. • . '
Xii Mf« ¦; *r~
"• -y / '. ,i,r; : ->•"*?
*%'-xj....'. -i, -«K.
r '' - ¦ /. -
Ia JJ-'
;••,:>«•:r
' | Kjuma "'"- 4.*
-m M. • •]* Jij '
-Vx "• * -,f
^. I —WW) ¦
BS§ME*§
mm
—1—XL-
i —1, - ¦•' 1——7'~""V K> Ki
•*• 4,
1BMW-6
'Mi?
YrU f '
" ***.'*¦" %
*
^¦CBC&s
*- w
1
i*4^w
? '.y.
V; * >-•
¦
J r^«
flf."
BMW-4
! *rv.
YVai kakaldua FSaL/!' rl
• Well ST12MW05|~ y^'K* k-:* !
•^TWF :Vi
Eawif
|OLNR Mauka Deep fvtonitohrtg Wen j
3SS53Mfc.v- ¦ ¦"
?Tmrr:^g -4^ ¦¦"
I
¦- -A' I-
ISsMr
• ' JLA
ff
V* '•''-iL J> Lv, •••.—. .»¦-.'
V r -w 'JBIK2?*o;^
• •'Vv'to'lr-1 Ew^-Kunia Middle Deep Well]
" J. ""•^¦.¦jV'"?'.''-' Ll^rrl' -' T^- ¦
i sSaT, •*•¦_ ' • *- m
"®| XT ' S
LEGEND
.v,
1$sJ
® \AteSI Locations
T*» fc^i mi orairirty pn»i>wd m aitar «tpKK)u»i
r box* feMnWD nwi ntuk n lam ol Momioein.
Mflji PrajffXfi
Hawai S'j-jb Parm
Zan* i. yi?& B'i. Kso'
Sixma US<»S.
Rl (OoldiH 1BSBI
N
Basal Groundwater Monitoring Welt Locations
DEL MONTE/OAHU PLANTATION RI/FSi'HI
0» 0« i.mi rijuH1 3-6
HJI919QCS2W IDMli
Golder Associates
-------
Appendix G
Technical Interviews
-------
INTERVIEW DOCUMENTATION FORM
The following is a list of individuals interviewed for this five-year review,
contact records for a detailed summary of the interviews.
See the attached
Name
Title/Position
Organization
Date
Eric Sadoyama
Remedial Project
Manager
Hawaii Dept. of
Health
Jan.27, 2010
Name
Title/Position
Organization
Date
Gary Zimmerman
Project Manager
Golder Associates
Jan.27, 2010
Name
Title/Position
Organization
Date
Shane Lee
O&M Supervisor
Second City
Property
Management, Inc.
Jan.27, 2010
ES032510143353BAO\100890008
G-1
-------
APPENDIX G
TECHNICAL INTERVIEWS
INTERVIEW RECORD
Site Name: Del Monte Corp. (Oahu Plantation)
Superfund Site
EPA ID No.: HID980637631
Subject: Interview with Hawaii Dept. of Health
Representative.
in„ Date: 1/27/2010
Time: 1130
Type: ~ Telephone 0 Visit
Location of Visit: Del Monte Site
~ Incoming S Outgoing
Contact Made By:
Name: Jeff Cotter
Title: Project Manager
Organization: CH2M HILL, Inc.
Individual Contacted:
Name: Eric Sadoyama
Title: Remedial Project
Manager
Organization:_Hawaii Dept. of Health, Hazard
Evaluation and Emergency Response Office
Phone No: 808-586-4249
Fax No: 808-586-7537
E-mail Address:
eric. sadoyama@doh.hawaii.
gov
Street Address: 919 Ala Moana Blvd., Room 206
City, State, Zip: Honolulu, HI, 96814
Summary Of Conversation
Jeff Cotter from CH2M HILL conducted an interview with Eric Sadoyama of the Hawaii Department of Health
(HDOH) on January 27, 2010 as part of the site inspection and technical review being conducted for the Del
Monte 5-year review report. Mr. Sadoyama has been involved with the Del Monte site since 2002 as the HDOH
point of contact for the project.
Eric indicated that overall he believes the project is well run and making good progress. There is a cooperative
relationship between all parties and he keeps informed by reviewing project submittals that come to his office.
Because EPA is the lead agency, HDOH does not participate significantly in the project other than to keep
informed and provide information to the public and stakeholders when requested. Eric is not aware of any public
complaints or violations reported for the project.
Eric receives electronic copies of all project submittals provided by Del Monte and Golder, and maintains them
on an HDOH file server site. Eric did not have any comments, suggestions, or recommendations regarding the
site. He said that he feels the project is progressing well.
ES032510143353BAO\100890008
G-3
-------
APPENDIX G
TECHNICAL INTERVIEWS
INTERVIEW RECORD
Site Name: Del Monte Corp. (Oahu Plantation)
Superfund Site
EPA ID No.: HID980637631
Subject: Golder Associates Project Manager
Time: 1300
Date: 1/27/2010
Type: ~ Telephone 0 Visit
Location of Visit: Del Monte Site
~ Incoming S Outgoing
Contact Made By:
Name: Jeff Cotter
Title: Project Manager Organization: CH2M HILL, Inc.
Individual Contacted:
Name: Gary Zimmerman
Title: Project Manager
Organization:_Golder Associates
Phone No: 425-883-0777
Fax No: 425-882-4598
E-mail Address:
gary_zimmerman@golder. c
om
Street Address: 18300 NE Union Hill Road, Suite 200
City, State, Zip: Redmond, WA, 98052
Summary Of Conversation
Jeff Cotter from CH2M HILL conducted an interview with Gary Zimmerman (Golder Assoc.) on January 27,
2010 at 1300 as a part of the site inspection and technical review being conducted for the Del Monte 5-year
review report. Gary has been involved with the Del Monte site since 1997, as the Field Geologist, and then
Project Manager. Golder Assoc. has been the consultant to the potentially responsible party (PRP), Del Monte
Corp. since the initiation of the Remedial Investigation/Feasibility Study, through Remedial Design/Remedial
Action, and is now, along with their subcontractor Second City Property Management, Inc. managing the
remediation systems O&M, and assisting Del Monte comply with the Record of Decision (ROD) requirements
related to groundwater and soil vapor extraction (SVE) monitoring and treatment.
Gary indicated that his overall impression of the site and the treatment systems is that they are functioning as
designed and intended. According to Gary, monitoring data indicate that the perched groundwater extraction and
treatment system has significantly decreased constituents of concern (EDB, DBCP, and DCP ) concentrations at
the base of the perched aquifer. The SVE system, while functioning as designed, is not able to treat the most
contaminated portions of the perched aquifer that remain saturated at the very base of the aquifer and just below
the reach of the extraction pumps. Concentrations of COCs in the basal aquifer have remained very consistent
for over 5 years. Pumping of the Kunia well is capturing the COCs in the basal aquifer, and from the perched
aquifer source as intended. However, basal groundwater in the vicinity of the Kunia Well is also being affected
by background concentrations of COCs above the Maximum Contaminant Levels (MCLs).
There is a continuous Operations and Maintenance (O&M) presence onsite monitoring and maintaining the
remediation systems and site security. Personnel consist of Second City Property Management staff - Shane Lee,
O&M supervisor and 3 staff members responsible for daily measurement and maintenance of the systems. Shane
Lee reports to Gary on a regular basis regarding system status.
ES032510143353BAO\100890008
G-5
-------
APPENDIX G
TECHNICAL INTERVIEWS
Regarding unanticipated difficulties or costs, granular activated carbon (GAC) from the Kunia Well Treatment
System (KWTS) was changed out in early 2009, due to breakthrough of COCs above MCLs in the effluent. The
bituminous-based GAC was replaced with coconut-based GAC and, based on monthly performance monitoring
results over the past year, appears to be working very well. There was a large unanticipated cost related to the
GAC changeout due to RCRA regulations requiring that the spent carbon be disposed as hazardous waste on the
U.S. mainland.
Regarding optimizing O&M and monitoring, the change to using point-source bailers for basal well monitoring
rather than submersible pumps will result in cost savings and more reliable monitoring data. Minor adjustments
to the SVE system and perched groundwater extraction system are resulting in improved efficiencies there.
Regarding other comments or suggestions, Gary indicated that the remedial action objectives and performance
criteria specified in the 2003 ROD will need to be re-evaluated and likely revised. Monitoring data and site
characterization information gained since 2003 strongly indicate that background concentrations of COCs in the
basal aquifer are greater than MCLs, therefore the ROD requirements to clean up groundwater to below MCLs
are infeasible. Similarly, the performance criteria for the perched aquifer are also unobtainable, since Golder
strongly believes that the perched aquifer source zone is no longer contributing COCs greater than MCLs to the
basal aquifer. The issue of background concentrations of COCs in the basal aquifer will need to be carefully
evaluated in the near future to establish more attainable performance criteria.
Gary was asked if there are other improvements that might be made to reduce infiltration through the perched
aquifer, such as additional or deeper groundwater extraction wells, or an impermeable surface cap. He does not
believe that installation of deeper extraction wells is advisable based on his field observations that if a borehole
penetrates the bottom of the perched aquifer (greater than about 100 ft deep), unsaturated basalt is encountered
and any perched water present quickly drains away into the unsaturated basalt. He also does not believe that an
impermeable cap over the perched aquifer would improve dewatering/infiltration as his belief is that the bulk of
infiltrating perched groundwater comes in horizontally from the west (upgradient), and not from surface
infiltration.
Finally, Gary indicated that he believes the Del Monte site has progressed well since the ROD was signed due to
a close, constructive, and cooperative working relationship between EPA, Golder, Del Monte, CH2M HILL, and
Hawaii Department of Health (HDOH).
G-6
ES032510143353BAO\100890008
-------
APPENDIX G
TECHNICAL INTERVIEWS
INTERVIEW RECORD
Site Name: Del Monte Corp. (Oahu Plantation)
Superfund Site
EPA ID No.: HID980637631
Subject: Second City Property Management, Inc.
O&M Supervisor
Time: 1400
Date: 1/27/2010
Type: ~ Telephone 0 Visit
Location of Visit: Del Monte Site
~ Incoming S Outgoing
Contact Made By:
Name: Jeff Cotter
Title: Project Manager Organization: CH2M HILL, Inc.
Individual Contacted:
Name: Shane Lee
Title: O&M Supervisor
Organization:_Second City Property Management,
Inc.
Phone No: 808-674-9996
Fax No: 808-674-9997
E-mail Address:
shane_m_lee@me.com
Street Address: PO Box 700489
City, State, Zip: Kapolei, HI, 96709
Summary Of Conversation
Jeff Cotter from CH2M HILL conducted an interview with Shane Lee (Second City Property Management) on
January 27, 2010 as part of the site inspection and technical review being conducted for the Del Monte 5-year
review report. Shane has been involved with Operation and Maintenance (O&M) at the Del Monte site since
about 2005, first as a Del Monte employee assisting with the O&M of the Kunia Well Treatment System
(KWTS) and then as O&M supervisor for Second City following the closure of the Del Monte plantation.
Second City Property Management, Inc. is a subcontractor to Golder Assoc., Del Monte's consultant, responsible
for the day to day O&M of the remediation systems.
Shane indicated that his overall impression of the site and the treatment systems is that they are functioning well
with few problems or shutdowns. They follow the O&M manual in performing routine maintenance and
monitoring of the systems. In the event of problems or issues that are not covered by the O&M manuals he
contacts Gary Zimmerman/Golder for instructions.
Mr. Lee and his staff of 3 provide continuous O&M and security presence onsite, except for weekends and
holidays, monitoring and maintaining the remediation systems and site security. Shane and his staff take
measurements of pressures, vacuums, flow rates, etc and he does not see or get involved with monitoring
analytical data. He is not aware of any unanticipated problems, unexpected costs, or lengthy down times for the
systems.
He is not aware of any significant changes to the O&M procedures or monitoring requirements. He observed that
since the closure of the Del Monte plantation, there is far less truck traffic on the unpaved roads adjacent to the
KWTS resulting in less dust, which seems to help the overall operation of the system. Shane did not have any
other comments, suggestions, or recommendations regarding the site.
ES032510143353BAO\100890008
G-7
------- |