FINAL DECISION
AND
RESPONSE TO COMMENTS
BethWorks Now/Sands BethWorks Retail LLC
ArtsQuest/PBS-39 Parcels
On the Former:
Bethlehem Steel Corporation
Bethlehem Structural Products
Bethlehem, Pennsylvania 18252
EPA ID NO. PAD 990824161
September 30,2009
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FINAL DECISION AND RESPONSE TO COMMENTS
UNDER THE
RESOURCE CONSERVATION AND RECOVERY ACT
AS AMENDED BY THE HAZARDOUS AND SOLID WASTE
AMENDMENTS OF 1984
Issued: Sands BethWorks Retail LLC - Former Bethlehem Steel Corp.
Bethlehem Structural Products
ID Number: PAD 99 082 4161 (Parcels 1, 2, 3, and 4)
Facility Address: Bethlehem, PA 18252
I. PURPOSE
The United States Environmental Protection Agency ("EPA") is issuing this Final
Decision and Response to Comments ("Final Decision") under the authority of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act ("RCRA") of 1976,
and the Hazardous and Solid Waste Amendments ("HSWA") of 1984, 42 U.S.C. §§ 6901 to
6992k, regarding four (4) parcels (collectively "Parcels" or individually "Parcel"), totaling
approximately 4.94 acres, at the Sands Retail, LLC tract (BW Tract) of the former Bethlehem
Steel plant. This former steel plant was owned and operated by the Bethlehem Steel Corporation
- Bethlehem Structural Products ("BSC") and is located in the City of Bethlehem and Lower
Saucon Township, Northampton County, Pennsylvania (hereinafter referred to as the "BSC
Facility" or "Site").
On August 10, 2009 EPA issued a Statement of Basis ("SB") which described EPA's
proposed Final Remedy for the Parcels. The SB is hereby incorporated into this Final Decision
by reference and made apart hereof as Attachment A. The SB described the information
gathered during the environmental investigations of the Parcels, and explained EPA's proposed
Final Remedy for the Parcels. Consistent with public participation provisions under RCRA,
EPA requested comments from the public on the proposed Final Remedy. The public comment
period began August 10,2009 and ended September 09, 2009. Comments received during this
public comment period, as well as EPA's response to such comments, are summarized in Section
III (Public Comments), below.
The purpose of this Final Decision is to describe the Final Remedy selected by EPA for
the Parcels.
II. THE SELECTED FINAL REMEDY
EPA has determined that the Final Remedy protects human health and the environment
and is consistent with EPA's nine criteria for remedy selection, which are discussed in the
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Corrective Action Advanced Notice of Proposed Rulemaking, 61 Fed. Reg. 19432 (May 1, 1996)
and set forth in Section V (Evaluation of Criteria) in the SB.
EPA has selected to use compliance with and maintenance of Institutional Controls (ICs)
as the Final Remedy for the Parcels. These ICs would prohibit use of groundwater as a drinking
water supply and restrict land use to non-residential activities. These ICs on land and
groundwater use will protect human health and the environment. The ICs may include but not be
limited to the following components:
1. UECA
a. For each Parcel, an environmental covenant shall be drafted and recorded in a manner
that complies with the Pennsylvania Uniform Environmental Covenants Act (UECA), 27 Pa.C.S.
§§6501-6517 (February 2008). The environmental covenant shall include, but not necessarily be
limited to, the following restrictions and requirements:
(1) the Parcel shall not be used for residential or agricultural purposes or as unpaved
playgrounds, campgrounds, day care centers, hospitals or cemeteries unless EPA
provides prior written approval for such use;
(2) the groundwater at and under the Parcel shall not be used for any drinking or
agricultural purpose unless EPA provides prior written approval for such use;
(3) no new wells will be installed on the Parcel unless EPA provides prior written
approval to install such wells;
(4) in the event the Parcel's owner(s) intends to sell part or all of the Parcel, the owner(s)
shall notify EPA at least thirty (30) calendar days prior to such sale and provide written
documentation to EPA which demonstrates that the prospective buyer is aware of the
restrictions placed on land and groundwater use;
(5) the Parcel's owner(s) and each subsequent owner shall submit to EPA and PADEP,
written documentation concerning proposed changes to the use of the Parcel property, the
filing of applications for building permits, and/or proposals for any site work affecting
the contamination on the Parcel property;
b. Each Parcel shall be surveyed and described in the environmental covenant as
prescribed below:
(1) Each Parcel and each use and activity limitation area shall be surveyed by a licensed
professional surveyor, who shall provide a metes and bounds description of each parcel
or area. Metes and bounds descriptions define boundaries based on distance and
direction from point to point. The description defines a Point of Beginning and each
subsequent point, returning to the Point of Beginning.
(2) In addition to the metes and bounds description for each Parcel or area, the survey
shall provide geographic survey coordinates for each point identified in the metes and
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bounds description. The survey coordinates shall be provided as follows: longitude and
latitude in decimal degrees, to seven (7) decimal places, using the World Geodetic
System (WGS) 1984 datum, with west longitude indicated as a negative number. The
coordinates shall be provided in a tabular format, following the metes and bounds
description. The first and last coordinate values in the table shall be the same, and shall
represent the coordinates of the Point of Beginning of the metes and bounds description.
The text introducing the table of coordinate values shall indicate that the table represents
the geographic coordinates, in WGS 1984, of the preceding metes and bounds
description.
(3) If the metes and bounds description includes arc segments (rather than straight line
segments) defined by the beginning and ending of an arc of a specific radius, additional
geographic control points shall be calculated along the arc so that a straight line
approximation from point to point does not deviate from the true arc by more than 0.1
foot.
(4) The table of coordinate values shall also be provided separately as an electronic file,
in a comma separated value (CSV) format.
c. For each Parcel for which a Declarations of Covenants, Conditions, Restriction,
Release and Indemnification (Declarations) establishing activity and use limitations has been
previously recorded, EPA has determined that the Declaration shall be converted to an
environmental covenant as described in Paragraphs II. 1 .a and b., above, as provided for by Section
6517 of UECA, 27 Pa.C.S. § 6517(b). If the Declaration cannot be so converted, an environmental
covenant shall be drafted and recorded as described in Paragraphs II. 1.a and b., above, for any such
Parcel.
2. In addition, if EPA, in its sole discretion, deems that additional ICs are necessary to
protect human health or the environment, EPA will require and enforce such additional ICs.
D. Financial Assurance
EPA has evaluated whether financial assurance for corrective action is necessary to
implement EPA's Final Remedy at the Parcels. Given that EPA's Final Remedy does not require
any further actions to remediate soil or groundwater contamination, EPA has determined that no
financial assurance is required.
III. PUBLIC COMMENTS
Gross McGinley, LLP, on behalf of ArtsQuest and Lehigh Valley Public
Telecommunications Corporation (PBS-39), submitted the only comments on the proposed Final
Remedy, by letter dated September 4, 2009 and via email dated September 14, 2009. Gross
McGinley submitted 6 comments, summarized and discussed below. The following comments
are direct quotes from the submitted comments. Where appropriate for purposes of clarification,
EPA has added text in brackets.
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1. Comment # 1: Petitioners would like to clarify and refine the description of the four parcels
identified at page 2 of the SB now that their subdivision plans have been filed: [This comment
provides a description of the metes and bounds of the Parcels and maps of the proposed
subdivisions.]
EPA Response: EPA concurs with the comment and the Final Decision hereby incorporates
these changes. The maps of the proposed subdivisions are attached hereto as Attachment B and
Attachment C.
2. Comment# 2: The total acreage for the four parcels (post-subdivision) will be 4.94 rather
than 2.3 acres as indicated.
EPA Response: EPA concurs with the comment and the Final Decision hereby incorporates this
change.
3. Comment # 3: Replace "Events Center and Performing Arts and Broadcast Center" with
"Performance Arts Center, Television Studio, and Festival Center".
EPA Response: EPA concurs with the comment and the Final Decision hereby incorporates this
change.
4. Comment # 4: It is our understanding that Petitioners [ArtsQuest and PBS-39] will be
afforded a period of 180 days to draft and file the revised Deed Declarations containing
USEPA's desired environmental covenants ....
EPA Response: The Final Decision is a decision document. It is not an enforcement action.
Once the Final Decision is issued, if institutional controls remain outstanding, EPA will consider
using enforceable orders or agreements to have the institutional controls selected in the Final
Decision implemented within a specific timeframe.
5. Comment # 5: It is our understanding that subsections (d) and (e) [Paragraphs II. 1 .a. and b.,
above] of USEPA's proposed covenants regarding subsequent sale and changes in use of the
Parcels are not intended to apply to Petitioner's pending takedown of their options on the
Parcels.
EPA Response: The potential acquisition by ArtsQuest and/or PBS-39 and any activities
conducted on the Parcels are subject to the existing Declaration and federal, state and local laws.
The ICs described in Paragraphs II. 1.a. and b., above, apply to current and subsequent owners of
the Parcels.
6. Comment # 6: We suggest that the above-described language be revised so that the existing
Act 2 Declaration "be supplemented to incorporate all of the IC components of EPA's final
remedy in a manner consistent with environmental covenants under UECA."
EPA Response: The SB proposes that the existing Act 2 Declarations "be modified to
incorporate all of the IC components of EPA's final remedy and be drafted and recorded in a
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manner consistent with environmental covenants under UECA." Section 6517 of UECA, 27
Pa.C.S. § 6517(b), requires that instruments establishing activity and use limitations that were
made effective prior to the enactment of UECA, be converted to an environmental covenant. The
Final Decision now incorporates this language from UECA. If for some reason, the Declaration
cannot be converted to an environmental covenant, an environmental covenant shall be drafted
and recorded as described in Paragraphs II. 1.a. and b., above, for any such Parcel.
The Final Decision hereby incorporates these changes.
IV. DECLARATION
Based on the Administrative Record compiled for the Parcels, I have determined that the selected
Final Remedy as set forth in the Statement of Basis and this Final Decision and Response to
Comments including EPA's Response to Comments is appropriate and will be protective of
human health and the environment.
Abraham Ferdas, Director
Land and Chemicals Division
U.S. Environmental Protection Agency, Region III
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ATTACHMENT A
Statement of Basis
August 09, 2009
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UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION III
STATEMENT OF BASIS
BethWorks Now/Sands Retail LLC
ArtsQuest/PBS-39 Parcels
Bethlehem, Pennsylvania 18252
Formerly:
Bethlehem Steel Corporation
Bethlehem Structural Products
EPA ID NO. PAD 990824161
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TABLE OF CONTENTS
SECTION PAGE
I. Introduction 2
A. Facility Name . 2
B. Proposed Decision 2
C. Importance of Public Input 2
II. Facility Background 3
A. BSC Facility Ownership 3
B. Parcels . 3
III. Summary of the Environmental History 4
IV. Evaluation of EPA's Proposed Decision 4
V. Institutional Controls 6
VI. Environmental Indicators 7
VII. Financial Assurance 7
VIII. Public Participation 8
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I. Introduction
A. Facility Name/Ownership
The United States Environmental Protection Agency (EPA) has prepared this Statement
of Basis (SB) for four (4) parcels (Parcels), totaling approximately 2.3 acres, at the Sands Retail,
LLC tract (BW Tract) of the former Bethlehem Steel plant. This former steel plant was owned
and operated by the Bethlehem Steel Corporation - Bethlehem Structural Products (BSC) and is
located in the City of Bethlehem and Lower Saucon Township, Northampton County,
Pennsylvania (hereinafter referred to as the BSC Facility or Site).
The BSC Facility is subject to the Corrective Action program under the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) of 1976,
and the Hazardous and Solid Waste Amendments (HSWA) of 1984,42 U.S.C. Sections 6901 to
6992k. The Corrective Action program is designed to ensure that certain facilities subject to
RCRA have investigated and cleaned up any releases of hazardous waste and hazardous
constituents that have occurred at their property.
Information on the Corrective Action program as well as a fact sheet for the BSC Facility
can be found by navigating http://www.epa.gov/reg3wcmd/correctiveaction.htm.
EPA has prepared this SB in cooperation with the Pennsylvania Department of
Environmental Protection (PADEP). EPA reviewed all available Site data and has determined
that no additional characterization or remediation is necessary for the Parcels to satisfy federal
RCRA Corrective Action obligations. Based on this review, EPA is proposing a remedy for the
Parcels and is proceeding with its remedy selection process, including providing opportunity for
public comment and review.
B. Proposed Decision
This SB explains EPA's proposed decision to select compliance with and maintenance of
institutional controls (ICs) as the final remedy for the Parcels. These controls would prohibit use
of groundwater as a drinking water supply and restrict land use to non-residential activities. EPA
is proposing that these controls on land and groundwater use will protect human health and the
environment.
The proposed ICs are detailed in Section V, below.
C. Importance of Public Input
The public may participate in the remedy selection process by reviewing this SB and
documents contained in the Administrative Record (AR). The AR contains the complete set of
reports that document the Parcels' conditions, including a map of the Parcels, in support of
EPA's proposed decision. EPA encourages anyone interested to review the AR. The AR is
available for public review at the EPA Region III office, the address of which is provided in
Section V, below.
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EPA will address all significant comments received during the public comment period. If
EPA determines that new information or public comments warrant a modification to the
proposed decision, EPA will modify the proposed decision or select other alternatives based on
such new information and/or public comments. EPA will approve its final decision in a
document entitled the Final Decision and Response to Comments (FDRTC).
II. Facility Background
A. BSC Facility Ownership
From approximately 1899 to 1995, BSC and its corporate predecessors manufactured
steel at the approximately 1800-acre BSC Facility. In 1995, BSC discontinued steel
manufacturing operations at the BSC Facility and in 2001, filed for bankruptcy under Chapter 7
of the United States Bankruptcy Code. In May 2003, with approval of the U.S. Bankruptcy
Court for the Southern District of New York, International Steel Group Acquisition, Inc. (ISG)
acquired substantially all of BSC's assets. Title to the BSC Facility was taken by Tecumseh
Redevelopment, LLC (Tecumseh), a subsidiary of ISG. A 125-acre westernmost tract, the BW
Tract, was sold to Sands Retail, LLC. In addition, Tecumseh sold approximately 1000 acres of
the BSC Facility to Lehigh Valley Industrial Park (LVIP). That 1000-acre area is known as
Bethlehem Commerce Center. In 2005, ISG merged with Mittal Steel USA, Incorporated
(Mittal). Mittal sold 441 acres to Majestic Realty Company in 2007. Mittal retains the
remaining acreage of the BSC Facility.
B. Parcels
The BW Tract comprises the westernmost 125 acres of the BSC Facility. The western
portion of the BW Tract is known as Phase I and the eastern portion of the BW Tract is known as
Phase II. This SB outlines EPA's proposed remedy for the four parcels, referred to collectively
as "Parcels", located within the BSC Facility as identified on the attached map (Attachment 1),
and as described below:
Parcel 1 - Phase II - Tool Steel Finishing (Turn and Grind Shop) constructed in 1863. The
building foundation is expected to remain.
Parcel 2 - Phase II - Adjoins Parcel 1 and extends to the south and west. This parcel has been
cleared of structures.
Parcel 3 - Phase I - Electric Furnace Building constructed in 1880. The building is expected to
remain.
Parcel 4 - Phase I - Adjoins Parcel 3 to the north and has been cleared of structures.
These parcels are presently owned by Sands Retail LLC (Sands) and are listed per the
Northampton County Tax Assessor as P6 2 2-10 0204 (2.78 acres) and P6 2 2-10A 0204 (0.95
acres). ArtsQuest/PBS-39 hold Options for the Parcels on which they plan to build a
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Performance Arts Center and TV Studio. Once the Options are exercised, ArtsQuest/PBS-39
plan to take possession of 2.3 acres of the 3.73 acres in these areas to construct their respective
facilities. The remainder of these parcels would remain with the Sands. EPA's proposed
decision applies to the acreage that is purchased by ArtsQuest/PBS-39.
III. Summary of Environmental History
Soils and groundwater at the BW Tract were characterized by an extensive sampling
program conducted by BSC with EPA and PADEP oversight. The program included collection
of groundwater, soil and soil gas samples. The results of the sampling program were presented
in the Remedial Investigation, Risk Assessment, and Cleanup Plan (RI/RA/CP) that was
submitted to EPA in 1998. Additional characterization information and data for portions of the
Site that could not be previously characterized because of ongoing manufacturing activities were
submitted by BSC in a Supplemental Report in August 1998. A Final Report for Groundwater
was submitted July 1998 and a Final Report for Soils was submitted April 2000.
The characterization of the site soils began in 1995 and concluded in 1998. Several
samples at the Parcels contained concentrations of heavy metals; however, none of the
concentrations exceeded Pennsylvania's Statewide Health Standards for non-residential use.
EPA approved the soils investigation by letter dated May 6,1999.
Groundwater was investigated by BSC across the entire BW Tract from 1995 through
2000. Some volatile organic compounds (VOCs) were found above their respective Maximum
Contaminant Level established by the Safe Drinking Water Act, 42 U.S.C. Section 300g-l. In
2000, a supplemental monitoring program was completed which showed that those VOCs levels
did not impact human health or the environment. No potable-use wells are on the BW Tract nor
within a 1-mile radius of the BW Tract. No VOCs were found above their respective MCLs in
either the wells next to the Lehigh River or in the Lehigh River. EPA approved this
supplemental data and the groundwater investigation by letter dated January 22, 2001, stating
that no additional investigation or remediation was necessary at the BW Tract.
PADEP approved Final Reports for groundwater and soils and provided BSC a release of
liability for groundwater on April 5,1999, for Phase I on September 14,2000 and for Phase II on
February 19, 2003. PADEP's approval was contingent upon the BSC Facility owners placing
restrictive covenants on land and groundwater use on Site property. BSC complied with this
requirement by recording a Declaration of Covenants, Conditions, Restriction, Release and
Indemnification in the Office for the Recording of Deeds in Northampton County. This
Declaration imposes land and groundwater use restrictions at the BW Tract and is applicable to
all future property owners.
IV. Evaluation of EPA's Proposed Decision
This section provides a description of the criteria EPA uses to evaluate proposed
remedies under the Corrective Action program. The criteria are applied in two phases. In the
first phase, EPA evaluates three criteria, known as Threshold Criteria. In the second phase, EPA
sometimes uses as many as seven balancing criteria to select among alternative solutions, if more
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than one is proposed. The current conditions at the Parcels meet the threshold criteria
established by EPA. Because EPA is not selecting among alternatives, a complete evaluation of
the balancing criteria is not necessary.
The following is a summary of EPA's evaluation of the Threshold Criteria:
1. Protect Human Health and the Environment - EPA's proposed remedy of
compliance with and maintenance of ICs protects human health and the environment from
exposure to contamination given current and anticipated land use.
The proposed remedy restricts the current and future use to non-residential purposes and
requires EPA to be notified of any proposed changes in use of the Parcels' property. The
Parcels are expected to be redeveloped into an Events Center and Performing Arts and Broadcast
Center. The Parcels will not be used for residential buildings or activities.
The proposed remedy also restricts groundwater use to non-potable purposes. Exposure
to groundwater will be eliminated, as no wells currently exist on the Parcels and no new potable
wells will be allowed on the Parcels' property since groundwater use across the BSC Facility has
been restricted by a City of Bethlehem zoning ordnance requiring use of the municipal water
supply.
2. Achieve Media Cleanup Objectives - EPA's proposed remedy meets the
appropriate cleanup objectives based on current and reasonably anticipated land and water
resource use(s).
Parcel soils meet Pennsylvania's Statewide Health Standards for non-residential uses.
The Parcels will not be used for residential buildings or activities. The Parcels are expected to be
part of a redevelopment project creating an Events Center and Performing Arts and Broadcast
Center.
Groundwater investigation results show that VOCs in the groundwater at the Parcels are
not having an unacceptable impact on human health or the environment. Exposure to
groundwater will be eliminated, as uses are restricted to non-potable purposes. There are no
wells currently located on the Parcels and no new potable wells will be allowed on Parcel
property.
3. Remediating the Source of Releases - In all remedy decisions, EPA seeks to
eliminate or reduce further releases of hazardous wastes or hazardous constituents that may pose
a threat to human health and the environment. Given current and anticipated uses of Parcel
property, soils and groundwater at the Parcels do not pose a threat to human health or the
environment; therefore, no further remediation is necessary.
V, Institutional Controls
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As stated above, VOCs remain in the groundwater and heavy metals remain in the soil
above levels appropriate for residential and domestic uses. Therefore, EPA's proposed remedy
requires ICs to restrict land and groundwater use at the Parcels while those media remain
contaminated. ICs are generally non-engineered instruments such as administrative and/or legal
controls that minimize the potential for human exposure to contamination by limiting land or
resource use. The proposed ICs are:
1. an environmental covenant to be drafted and recorded in a manner consistent with
environmental covenants under the Pennsylvania Uniform Environmental Covenants Act
(UECA), 27 Pa.C.S. §§6501-6517 (February, 2008). The environmental covenant shall include
the following restrictions and requirements:
(a) the Parcels shall not be used for residential or agricultural purposes or as unpaved
playgrounds, campgrounds, day care centers, hospitals or cemeteries unless EPA
provides written approval for such use;
(b) the groundwater at and under the Parcels shall not be used for any drinking or
agricultural purpose unless EPA provided written approval for such use;
(c) no new wells will be installed on the Parcels unless EPA provides prior written
approval to install such wells;
(d) in the event the Parcels' owner(s) intends to sell part or all of the Parcels, the owner(s)
shall notify EPA at least thirty (30) calendar days prior to such sale and provide written
documentation to EPA which demonstrates that the prospective buyer is aware of the
restrictions placed on land and groundwater use;
(e) the Parcels' owner(s) and each subsequent owner shall submit, to EPA and PADEP,
written documentation concerning proposed changes in use of the Parcel property; the
filing of applications for building permits, or proposals for any site work affecting the
contamination on the Parcel property;
(f) the Parcels shall be surveyed and described in an environmental covenant as
prescribed below:
(1) Each Parcel and each use and activity limitation area shall be surveyed by a
licensed professional surveyor, who shall provide a metes and bounds description of each
parcel or area. Metes and bounds descriptions define boundaries based on distance and
direction from point to point. The description defines a Point of Beginning and each
subsequent point, returning to the Point of Beginning.
(2) In addition to the metes and bounds description for each Parcel or area, the survey
shall provide geographic survey coordinates for each point identified in the metes and
bounds description. The survey coordinates shall be provided as follows: longitude and
latitude in decimal degrees, to 7 decimal places, using the World Geodetic System
(WGS) 1984 datum, with west longitude indicated as a negative number. The
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coordinates shall be provided in a tabular format, following the metes and bounds
description. The first and last coordinate values in the table shall be the same, and shall
represent the coordinates of the Point of Beginning of the metes and bounds description.
The text introducing the table of coordinate values shall indicate that the table represents
the geographic coordinates, in WGS 1984, of the preceding metes and bounds
description.
(3) If the metes and bounds description includes arc segments (rather than straight
line segments) defined by the beginning and ending of an arc of a specific radius,
additional geographic control points shall be calculated along the arc so that a straight
line approximation from point to point does not deviate from the true arc by more than
0.1 foot.
(4) The table of coordinate values shall also be provided separately as an electronic
file, in a comma separated value (CSV) format.
Two Declarations of Covenants, Conditions, Restriction, Release and Indemnification
(Declarations), one pertaining to Phase I and one pertaining to Phase II, have been recorded in
the Office for the Recording of Deeds in Northampton County with the deed for the BW Tract,
including the Parcels. The Declarations contain some of the above-listed restrictions and
requirements. EPA proposes that those Declarations be modified to incorporate all of the IC
components of EPA's final remedy and be drafted and recorded in a manner consistent with
environmental covenants under UECA. If the owner fails to meet its obligations under such
revised Declarations, PADEP or EPA can enforce the terms of the Declarations. In addition, if
EPA, in its sole discretion, deems that additional ICs are necessary to protect human health or the
environment, EPA will require and enforce such additional ICs.
VI. Environmental Indicators
Under the Government Performance and Results Act (GPRA), EPA has set national goals
to address RCRA corrective action facilities. Under GPRA, EPA evaluates two key
environmental clean-up indicators for each facility: (1) Current Human Exposures Under Control
and (2) Migration of Contaminated Groundwater Under Control. The Facility met these
indicators on January 7, 2004.
VII. Financial Assurance
EPA has evaluated whether financial assurance for corrective action is necessary to
implement EPA's proposed remedy at the Parcels. Given that EPA's proposed remedy does not
require any further actions to remediate soil or groundwater contamination, EPA is proposing
that no financial assurance be required.
VIII. Public Participation
Interested persons are invited to comment on EPA's proposed remedy. The public
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comment period will last thirty (30) calendar days from the date that notice is published in a
local newspaper. Comments may be submitted by mail, fax, e-mail, or phone to Ms. Linda
Matyskiela at the address listed below.
A public meeting will be held upon request. Requests for a public meeting should be
made to Ms. Linda Matyskiela at the address listed below. A meeting will not be scheduled
unless one is requested.
The Administrative Record contains all the information considered by EPA for the
proposed decision at these Parcels. The Administrative Record is available at the following
location:
U.S. EPA Region III
1650 Arch Street
Philadelphia, PA 19103
Contact: Ms. Linda Matyskiela (3LC30)
Phone: (215) 814-3420
Fax: (215)814-3113
Email: matvskiela.linda@eoa.gov
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STEEISTAX PROPERTY PLAN
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ATTACHMENT B
Parcels 1 and 2
Map of Proposed Layout
ArtsQuest Festival Center - 2.689 acres
and
Metes and Bounds of Combined Parcels -
Optioned Area
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ATTACHMENT 7 (page 1 of 2)
FRENCH & PARRELLO
A5SOCUtES. PA, CONSUtUNG ENGINEEK
Fax: <732) 312-9801
Tele: (732) 312-9800
METES AND BOUNDS DESCRIPTION
PARCEL IDENTIFICATION NO. P6 2 2-0204B (PROPOSED NEW LOT)
CITY OF BETHLEHEM, COUNTY OF NORTHAMPTON
COMMONWEALTH OF PENNSYLVANIA
All that certain tract or parcel of land located on East First Street in the City of Bethlehem,
County ofNorthamptofl, Commonwealth. of Pennsylvania, founded and described as follows:.
BEGINNING at the point, Noj-th 475,647.87, East 2,629,263.02 North American Datum of 1983
(1992) (NAD83/92), Pennsylvania South, said point being distant 830.34 feet in a westerly direction
afottg the northerly right-of-way line of East First Street from the northerly terminus of the afbtesaid
street; thence with reference to North American Datum of 1983 (1992) (NAD83/92), Pennsylvania
South
1. South 86 deg. 05 min. 06 sec. West, 240.11 feet coincident with the northerly right-of-way
line of East First Street to a point formed by die intersection of the aforesaid right-of-way line
and the line of division of Parcel No. P6 2 2 1-0204 aiid Proposed Parcel No. P6 2 2-02Q4B;
thence
2. North 43 deg, 54 min. 54 sec. West* 326.63 ifeet coincident with the aforesaid line of division
to a non-tangential point on a curve to the right on the line of division of Parcel No. P6 2 1A
0204E and proposed new Parcel No. P6 2 2-0204B; thence the following seven (7> courses
coincident with the aforesaid line of division
3. Northeasterly along a curve to the right having a Radius of 1825,46 feet, an Arc Length of
124.40 feet, a Central Angle of 03 deg. 54 rain. 16 se$, and a Ch,ord bearing and distance of
North 81 deg» 36 nun. 00 sec. East, 12437 feet to a point of tangency; thence
4. North 83 deg. 33 min. 08 sec. East, 69.36 feet to a point; thence
5. North 04 deg; 05 min. 28 sec. West,22.67 feet to a point; thence
6. North 40 deg. 54 min. 32 sec. East, 9.38 feet to a point; thence
7. North 85 deg. 54 min. 32 sec. East, 60.78 feet to a point; thence
8. North 83 deg, 03 min. 44 sec.East, 126.94 ifeet to a point; thence
9. Northeasterly along a curve to the left having a .Radios of 965.62 feet, an Arc Length of
26.46 feet, a Central Angle of 01 deg. 34 min. 12 sec., and a Chord bearing and distance of
North 82 deg. 16 min. 38 sec. East, 26.46 feet to a non-tangential point formed by the
intersection of the aforesaid line of division and the line of division of Parcel No. B6 2 2-0204
and proposed new Parcel No. P6 2 2-Q204B; thence the following three (3) courses coincident
with aforesaid line ,of division
10. South 03 deg. 50 min. 11 sec. East, 18135 feet to a point; thence
Page 1 of2
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ATTACHMENT 7 (pg. 2 of 2)
11. South 86 deg. 03 min. 02 sec. West, 50.89 feet to a point; thence
12. South 04 degi 07 min. 21 sec. East, 38.61 feet to a point formed by the intersection of the
aforesaid line of dmsitjn and the line of division of proposed new Parcel. M0. V6 2 2-2 and
proposed new Parcel No. P6 2 2-0204B; thence the following two (2) courses coincident with
aforesaid line'of division
13. South 85 tieg. 52 min.39 sec. West, 123.75 feet to a point; thence
14. South 04 deg. 18 min. 53 sec. £ast, 156.95 feet to the point and place of Beginning
Containing 117,152 square ffeet or 2.689 acres Of land, more or less.
Subject to: all easemeiife fedordfed &nd uitfecbrdedi re&trifitibM, coyenMts add toy jjewjinerit facts
which a complete and accurate title search might disclose.
Being intended to describe Parcel P6 2 2-0204B, a proposed new lot, as showfl on map "Subdivision
Plan for Sands Bethworks framing LLC, Parcel ID Ho; P6 2 2-2 & P6 2 2-0204, City, of Bethlehem,
Northampton County, Pennsylvania," dated July 29, 2009, by French aiid Parreilo Associates, 1P.A.,
Charges E. Szovati, PJL.S.
Page 2 of 2
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ATTACHMENT C
Parcel 3 and Parcel 4
Map of Proposed Layout
ArtsQuest Performance Arts Center - 1.089 acres
PBS-39 Television Studio - 1.164 acres
and
Metes and Bounds of Parcel 3
Metes and Bounds of Parcel 4
- Optioned Area
- Optioned Area
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ATTACHMENT 3 (pg 1 of 2)
FRENCH & PARREULO
ASSOCIATES. PA.CONSU1.T1NG ENGINEERS
Fax: (732) 312-9801
Tele: (732);312-9800
METES AND BOUNDS DESCRIPTION
PARCEL IDENTIFICATION NO. P6-2-2-10B {PROPOSED NEW LOT)
CITY OF BETHLEHEM, COUNTY OF NORTHAMPTON
COMMONWEALTH OF PENNSYLVANIA
as follows: .
BEGINNING at the poH North 475;382.95, East 2,629^4.20 North American Datum 1983 (1992)
(NAD83/92), Pennsylvania South Said point-being distant 238.53 feet to & southerly direction along the
easterly right-of-way of Founders Way from the intersection of the easterly right-of-way of Founders
Way and the southerly right-of-way of East First Street, if Extended and ruttning, t!hence with reference to
North American Datum of 1983 (1992) (NAD83/92), Pennsylvania South
1. North 03 deg. 55 min. 43 sec. West, 213.52 feet coincident with the existing easterly right-of-
wsy line of Founders Way to a point of curvature of a cutve to th& right Connecting the existing
easterly right-of-way line of Founders tyay with the southerly rijght-of-way of East First Street;
thence
2. Northeasterly along a curve to the right having a Radius of 25.00 feet, an Arc Length of
39.28 feet, a Central Angle of 90 deg, 00 jnin. 49 sec. and a Chord bearing and distance of
North 41 deg. 04 min. 42 see. East, 3536 feet to a point oftangency; Ihence the following two
(2) courses coincident with the southerly right-of-way fine of East First Street
3. North 86 deg. 05 min. 06 sec. East, 19.99 feet; thence
4. Northeasterly along a curve to the right having a Radios of 1933,64 feet, an. Are Length of
156.07 feet, a Central Angle of 04 degi 37 min. 23 sec* and a Chord bearing and distance of
North 88 deg. 23 min. 50 sec. East, 156.02 feet to a point; theftee
5. South 03 deg, 55 min. 45 sec* East!, 232J.8 feet ebteidelit with the line of division between
Parcel .No. P6 2 2-10A and Parcel No. P6 2 2-10B, to a point formed by the intersection of the
aforesaid division line ahrl the division line between Parcel No; P6 2 2-10 and Parcel No. P6 2 2-
10B; thence
6. South 86 deg. 04 min. 17 sec. West, 200.89 feet coincident with the division line between Parcel
No. P6 2 2-10 and Parcel No. P6 2 2-iOB to the point and place of Beginning.
Containing 47,451 square feet or 1,089 acres of land, more Or less.
Subject to; all easements recorded and unrecorded, restrictions, covenants and any other pertinent facts
which a complete and accurate title search might disclose.
Page 1 of 2
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ATTACHMENT 3 - (pg 2 of 2)
Being intended to describe Parcel P6 2 2-1OB, a proposed new lot, as shown on map "Subdivision Plan
for Sands Bethworks Gaining IXC, Parj»l ID No. P6 .2 2-10 & J?6 Si 2-I0A, City of Bethlehem,
Northampton County, Pennsylvania," dated My 29, 2Q094 by French and Parrello Associates, P.A.,
Charles E. Szovati, P.L.S,
Charles E. S2
Professional ilrnd Stjj*5eyor
Pennsylvania LiSBDGseNb, SU-043970-R
Page 2 of2
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ATTACHMENT 4 (pg 1 of 2)
FRENCH & PARRELLO
ASSOQATES,P-^CQNSULTiNG EfiGtNEEflS
METES AND BOUNDS DESCRIPTION
PARCEL IDENTIFICATION NO. P6 2 2-I0A (PROPOSED NEW LOT)
CITY OF BETHLEHEM, COUNTY OF NORTHAMPTON
COMMONWEALTH OF PENNSYLVANIA
All that certain tract or parcel of land located on Bast First Street in the Cily of Bethlehem,
County of Northampton, Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at the point, North 475,628.35, East 2,629,948.71 North American .Datum of 1983
(1992) (NAl)83/92), Pennsylvania South, said point being distant 261 .Of feet £n a easterly direction
along the southerly right-of-way line of Bast First Street from the iiitersectjotf of the easterly "right-of-way
line of Founders Way and the southerly right-of-way line of Bast First Street, if extended and running;
thence with reference to North American Datum of 1983 (1992) (NAD83/92),Pennsylvania Sovth, the
following; two (2) courses coincident with said right-of-way line
1. Southeasterly along a curve to the fight having aJRacUus of 1933.64 feet, an Arc Length of
39;78 feet, a Central Angle of 02 deg. 39 min, 37 sec. and a Chord bearing and distance of
South 87 deg. 57 tnin. 37 se& East, 89,18 feet to apoint of tangency; thfenee
2. South 86 deg. 37 min. 49 sec; East, 50.00 feet to a point of terminus of East First Street; thence
the following three (3) courses coincident with the division line between Parcel No- P6.2 2-0204
and Parcel No. P6 2 2-1OA
3. South 04 deg. 01 mitt. 33 sec. Ea£t^ 106.48 feet to a point; thence
4v North 85 deg. 58 min. 27 sec. East, 176.43 feet to a point; thence
5. South 03 deg.. 55 min. 43 sec. East, 110.32 feet to a point formed by the intersection of the
aforesaid division line and the division line between Parcel Nb, P6 22-i(>ahd PatcerNo.P62,2-
10A; thence
6. South 86 deg. 04 min. 17 sec. West, 315.49 feetcofacidentwiththedivisionline between Parcel
No, P6 2 2-10 and Parcel No. P6 2 2-10A to a point formed by the intenjectjon, of the aforesaid
division line and the division line between Parcel No. P6 2 2-I0B and Parcel No. P6 2 2-1OA;
thence
1, North 05 deg. 55 min. 45 sec. West, 232.18 feet coincident with the division line between
Parcel No. P6 2,2-10B and Parcel No. P62 2-1 OA to the pointand place of BEGINNING.
Containing 50,707 square feet or 1.164 acres of land, more or less.
Subject to: all easements recorded and unrecorded, restrictions, covenants and any other pertinent fads
which a complete and accurate title search might disclose.
Fax; (732) 31.2-9801
Tele: (732) 312-9800
Page 1 of?
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ATTACHMENT 4 (pg 2 of 2)
Being intended to describe Parcel P622-10A, a proposed new lot; as shbwnoftmap "Subdivision Plan
for Saiids Bethworks Gaming LLC, Parcel ID No. P6 2 2-10 & P6 2 240A, City of Bethlehem,
Northampton Comity, Pennsylvania," dated July 29, 2009, by French, and Parrello Associates, P.A.,
Charles E. Szovati, P.L.S.
ProfessionaiXand Surveyor
Peruisylvani^fc»««tf& No. SU*04397O-R
Page 2 of2
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