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AGENCY Texas Commission on Environmental Quality
ISSUE 02/13/2004
ACTION Miscellaneous

Notice of Deletion of the Melton Kelly Property, a Proposed State Superfund Site, from the State Superfund Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this final notice of deletion of the Melton Kelly Property (the site) from its proposed for listing status on the state Superfund Registry. The state Superfund registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The site was originally proposed for listing on the state Superfund registry in the July 27, 2001 issue of the Texas Register (26 TexReg 5703). The site, including all land, structures, appurtenances, and other improvements, is located on County Road 3250, near Chatfield, Navarro County, Texas. The coordinates of the site are 32 degrees 17 minutes 13 seconds north latitude and 96 degrees 22 minutes 12 seconds west longitude. In addition, the site included any areas where hazardous substances came to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The Melton Kelly Property Site is located in a rural, agricultural area, approximately four miles northeast of Chatfield, Texas. The site is located on a 46-acre tract of pastureland and consists of a single area that was used for metal salvage operations. On or before February 1, 1994, salvage material (insulated copper wire, tubing, electrical parts, switches, and circuit cards) was transported to the site, placed in piles, and burned using automobile tires to ignite the debris. Recoverable metals were removed from the ash piles and presumably sold for salvage value. Remaining scrap and ash-like wastes, in addition to 4,000 cubic yards of impacted soil, were removed by TCEQ in August 2003. The removed material was deposited in an approved landfill located outside Ennis, Texas. The site was then regraded with clean soil and reseeded with appropriate vegetation. A land use of commercial/industrial was filed with the county records of Navarro County.

The site is not appropriate for residential use according to protective concentration levels in the Texas Risk Reduction Program.

A deed notice on commercial/industrial use only was filed with the deed of the site in the real records of Navarro County. The temporary fence that surrounded the remediated area of the site was dismantled and properly disposed.

In accordance with 30 TAC §335.344(b), the commission held a public meeting on December 18, 2003 at the Chatfield Community Center located in Chatfield, Texas to receive comments on the intended deletion of the site. No comments regarding the proposed deletion were received at the public meeting.

The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In accordance with 30 TAC §335.344(c), the ED determined that due to the removal actions that have been performed, the site no longer presents an imminent and substantial endangerment to public health and safety or the environment.

In accordance with Texas Health and Safety Code, §361.188(d) a notice will be filed in the real property records of Navarro County, Texas stating that the site has been deleted from the state Superfund registry.

All inquiries regarding the deletion of the site should be directed to Bruce McAnally, Community Relations, (800) 633-9363 or (512) 239-2141.


Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 3, 2004

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