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HomeMy WebLinkAbout05-6805THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, SOUTH MIDDLETON TOWNSHIP, and enter my appearance on behalf of the plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY, his wife. Please direct the Sheriff to serve the defendant as follows: South Middleton Township 520 Park Drive Boiling Springs, PA 17007 December 30, 2005 To: SOUTH MIDDLETON TOWNSHIP : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005- (A OS CIVIL TERM Respectfully submitted, IRWIN & cKNIGH By: Marcu A. Mc t.. 60 West Po ret Street, Carfi e, PA 17013 (7 t7) 249-23 Supreme Court.D. No: 25476 CIVIL ACTION - IN EQUITY You are hereby notified that THOMAS R. BENJEY and ANN E. BENJEY, his wife, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. gR0 HONOT RY Date: ?N ?3 I), 2005 By: DEPUTY -c w r?l v w v G SHERIFF'S RETURN - REGULAR CASE NO: 2005-06805 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENJEY THOMAS R ET AL VS SOUTH MIDDLETON TOWNSHIP CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SOUTH MIDDLETON the DEFENDANT , at 1001:00 HOURS, on the 6th day of January , 2006 at 520 PARK DRIVE BOILING SPRINGS, PA 1 by handing to ROSALIE GREEN, RECEPTIONIST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.28 Affidavit .39 Surcharge 10.00 .00 33.67 Sworn and Subscribed to before me this day of )Oo A.D. Pr nota y So Answers: R. Thomas Kline 01/09/2006 MARCUS MCKNIGHT By: De t" Sheri THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-6805 CIVIL TERM V. CIVIL ACTION- IN EQUITY SOUTH MIDDLETON TOWNSHIP, Defendant Entry of Appearance Please enter my appearance as counsel for South Middleton Township in the above- captioned action. Date: l / 06 ( I PA Richard P. Mislitsky, Esquire Supreme Court Id. # 28123 One West High Street Carlisle, PA 17013 717-241-6363 ? ra -> ? C- cr'. -c7 .-{ _. (? W ,?.?Q ? t7t`? Jf`?t _ (11 CP7 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLYVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION- IN EQUITY PRAECIPE TO ENTER A RULE UPON PLAINTIFF TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter the following rule upon Thomas R. Benjey and Ann E. Benjey, his wife, Plaintiffs in the above captioned matter to file a Complaint in the above captioned matter. Date: 3- 13-1006 K M. Ledebohm, Esquire S preme Court ID #: 59012 or Richard P. Mislitsky, Esquire Supreme Court ID#: 28123 1 West High Street, Suite 208, Carlisle, PA 17013 Phone: (717) 241-6363 Attorney for the Defendant To: THOMAS R. BENJEY and ANN E. BENJEY AND NOW, this /5_ 1?4 day of March 2006, a rule is hereby entered upon Plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY to file a complaint in the above captioned matter within twenty (20) days of the date hereof. Unless you file a complaint in the above captioned matter within twenty (20) days of the date hereof, a judgment of non-pros may be entered against you pursuant to Pa. R. C.P. 1037(a). Date: ?7l?tG?i /S.Llo isi ?Cra o?l? PROTHONOTARY THOMAS R. BENJEY and ANN E. BENJEY, his wife, . Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 6805 CIVIL TERM CIVIL ACTION - EQUITY MOTION TO COMPEL AND NOW, this je'75 day of May 2006, comes the Plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY, by their attorneys, Irwin & McKnight, and makes the following Complaint against the defendant, SOUTH MIDDLETON TOWNSHIP: 1. The Plaintiffs,Thomas R. Benjey and Ann E. Benjey, are adult individuals residing at 546 East Springville Road, Carlisle, Pennsylvania 17013. 2. The Defendant, South Middleton Township, is a second class township, with an address of 520 Park Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. On or about April 1, 2006, the Plaintiff served upon the Defendant Township requests for Discovery of Documents as well as requests for the scheduling of deposition. 4. To date no response has been received. b- 3 5. A copy of the Requests for Discovery are attached hereto and are made a part of this Complaint and are marked as Exhibit "A". 6. The Plaintiffs request an Order of Court requiring that the Defendant answer the Request for Documents and schedule the depositions requested by the Plaintiff. The Plaintiffs seek the following relief: 7. An Order of Court which Compels the Defendant to Answer the Request for Documents and schedule deposition. Respectfully submitted, IRWIN & McKNIGHT By: Z60 rcus[K. Esquire omfret Street rlisle, Pennsylvania 17013 7) 249-2353 Supreme ourt . No. 25476 Attorney for plaintiffs, Thomas and Ann Benjey Date: a S gab` 4 EXHIBIT "A" LAW OFFICES IRWIN & McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET HAROLD S. IRWIN 11925-1977) ROGER B. IRWIN CARLISLE. PENNSYLVANIA 17013-3222 HAROLD S. IRWIN. JR. (1954-1986) MARCUS A. McKNIGHT, III IRWIN. IRWIN & IRWIN (1956-1986) DOUGLAS G. MILLER (717) 249-2353 IRWIN, IRWIN & McKNIGHT (1986-1994) MATTHEW A. McKNIGHT FAX (717) 249-6354 IRWIN. McKNIGHT & HUGHES (1994-2003) WWW 1,VHLAW COM IRWIN & McKNIGHT (200,3- ) April 1, 2006 F3FILE e V C 0 Richard P. Mislitsky, Esq. Mislitsky and Diehl One West High Street P. O. Box 1290 Carlisle, PA 17013 Re: Thomas R. Benjey and Ann E. Benjey v. South Middleton Township 2005-6805 Dear Richard: I have enclosed a Request for Production of Documents. In addition, I would like to depose the Township Engineer, Barb Wilson, Tom Faley, and Ron Reeder. Please have your staff call my office to schedule these depositions. If you would like to depose the Benjeys, please let me know. I am away the week of April P, but I will be back on April 10`h. I suggest that we meet late that week to discuss this litigation. Very truly yours, sq. MAM/min Enclosures cc: Mr. and Mrs. Thomas R. Benjey IRWIN & McKNIGHT THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiff V. SOUTH MIDDLETON TOWNSHIP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT SOUTH MIDDLETON TOWNSHIP TO: South Middleton Township, Defendant Richard P. Mislitsky, Esq. One West High Street Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4009, Plaintiffs request that Defendant produce the documents hereinafter described and permit Plaintiffs, through their attorneys, to inspect them and copy such of them as they may desire. Plaintiffs request that the documents be made available for this inspection at the offices of Plaintiffs attorneys located at 60 West Pomfret Street, Carlisle, Pennsylvania, within thirty (30) days of the date of service hereof. Plaintiff s attorneys will be responsible for these documents as long as they are in their possession. Copying will be done at Plaintiffs' expense and the documents will be promptly returned after copying has been completed. This request is intended to cover all documents in the possession, custody and control of Defendant, their agents, employees, insurance carriers and attorneys, and is considered to be continuing. Defendant's response to the Request should be modified or supplemented as Defendant, and/or their attorneys, obtain further or additional documents up to the time of trial. DEFINITIONS The word "document" or "documents" as used in the preceding Request, includes, without limitation or exception, the original and copies of the following items, (whether printed or recorded or produced by any other mechanical process, or written or produced by hand): agreements, communications, correspondence, telegrams, memoranda, summaries or records of personal conversations or interviews, diaries, reports, graphs, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions, or reports of consultants, drafts, letters, any marginal comments appearing on any document, and writings of every kind. This definition shall also be deemed to include any machine produced document, whether from a computer or not, notes or records of any oral communication and recordings (tape, disk or other) of oral communications. The word "communication" as used in the preceding Request shall mean any transmission of information by oral, written, pictorial or otherwise perceptible means, including, but not limited to, telephone conversations, letters, telegrams, and personal conversations. The word "person" as used in the preceding Motion shall mean any individual, corporation, partnership, unincorporated associated or business entity. 2 REQUESTS 1. All documents, plans and reports submitted by Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl and Genevieve A. Diehl related to the Netherby project and/or the Ashton project located in South Middleton Township, Cumberland County, Pennsylvania. 2. All correspondence including letters, e-mails, and telephone messages and other documents received by or originated by South Middleton Township and its staff and solicitor regarding the Netherby project and/or the Ashton project located in South Middleton Township, Cumberland County, Pennsylvania including any correspondence of third parties which makes reference directly or indirectly to Netherby, Ashton, or the Benjeys. 3. A list of all employees of South Middleton Township with knowledge of the Netherby project whether or not they will be called as witnesses. 4. A copy of all expert reports submitted to South Middleton Township regarding the Netherby project and/or the Ashton project. 5. Copies of all photographs regarding the Netherby project. 6. Copies of all exhibits which may be submitted at trial. 7. Copies of all trial exhibits. 8. Copies of all meeting minutes with any employee and representatives of the Netherby and/or Ashton project. 9. A complete copy of the Township files regarding the Netherby and/or Ashton project. IRWIN & McKNIGHT 1Vl(arcus A. McKnight, III, Esquire We o ret Street Carlisle, PA 17013 (717) 249-2353 Supreme Ct. ID. 25476 Date: April 1, 2006 3 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiff V. SOUTH MIDDLETON TOWNSHIP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard P. Mislitsky, Esq. One West High Street Carlisle, PA 17013 IRWIN & McKNIGHT By: aest us A. M(c fight, III, Esquire Pomfre Street 013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 4, 2006 4 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preprration of this action. We have head the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. 1 THOMAS R. BENJ a7zi-e. 1-6 ANN E. BENJEY Date: S ?S 0 6 6 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 6805 CIVIL TERM CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Karl M. Ledebohm, Esq. Richard P. Mislitsky, Esq. 1 West High Street Suite 208 Carlisle, PA 17013 IRWIN & McKNIGHT By: arcus A. McKnight, I squire 60 West Pomfret Street arlisle. PA 17013 (71 - 53 Supreme Court I.D. No. 25476 Date: VAR- to/ a 9o G 6 *-. J ?l ?? _J ?1 __ <:?.'. --??` 4 _ -' C? - ^i C? '? ? i l -. l:.Z ?--?i `E t ,.. --G c? THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - 6805 CIVIL TERM SOUTH MIDDLETON TOWNSHIP, CIVIL ACTION - EQUITY Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 f ? THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 6805 CIVIL TERM CIVIL ACTION - EQUITY COMPLAINT IN EQUITY AND NOW, this o?5?day of May 2006, comes the Plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY, by their attorneys, Irwin & McKnight, and makes the following Complaint against the defendant, SOUTH MIDDLETON TOWNSHIP: 1. The Plaintiffs,Thomas R. Benjey and Ann E. Benjey, are adult individuals residing at 546 East Springville Road, Carlisle, Pennsylvania 17013. 2. The Defendant, South Middleton Township, is a second class township, with an address of 520 Park Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Raymond E. Diehl, Genevieve A. Diehl, Donald E. Diehl and Suzanne Diehl have filed a subdivision and land development plan with South Middleton Township which is now known as the Netherby Development. 4. Said lands adjoin the property of the Plantiffs. 3 5. Pursuant to their plans, the developers submitted stormwater plans to manage the storm water created by the Netherby Development. 6. Beginning in 2004 and continuing in 2005, the Plaintiffs have experienced excessive stormwater on their lands with the alarming development of sinkholes on their land. 7. The Plaintiffs hired Liberty Environmental, Inc. to inspect the site and examine the stormwater plans and implementation of those plans by the Defendants with regard to the Netherby Development. 8. The experts, James P. Cinelli, P.E., and Walter M. Leis, P.G., on behalf of Liberty Environmental, Inc., have prepared a report, a copy of which is attached and marked as Exhibit "A" and is incorporated herein by reference and made a part of this Complaint. 9. The report finds serious deficiencies in the stormwater plans and implementation of those plans by the Defendants. 10. The report finds that the Netherby Development significantly adds to the stormwater directed onto the lands of the Plaintiffs, and finds that the sinkholes are caused by the excessive stormwater created by the Netherby project. 4 . 5. Pursuant to their plans, the developers submitted stormwater plans to manage the storm water created by the Netherby Development. 6. Beginning in 2004 and continuing in 2005 to the present, the Plaintiffs have experienced excessive stormwater on their lands with the alarming development of sinkholes on their land. 7. The Plaintiffs hired Liberty Environmental, Inc. to inspect the site and examine the stormwater plans and implementation of those plans by the Defendants with regard to the Netherby Development. 8. The experts, James P. Cinelli, P.E., and Walter M. Leis, P.G., on behalf of Liberty Environmental, Inc., have prepared a report, a copy of which is attached and marked as Exhibit "A" and is incorporated herein by reference and made a part of this Complaint. 9. The report finds serious deficiencies in the stormwater plans and implementation of those plans by the Defendants. 10. The report finds that the Netherby Development significantly adds to the stormwater directed onto the lands of the Plaintiffs, and finds that the sinkholes are caused by the excessive stormwater created by the Netherby project. 4 11. The expert report also makes certain recommendations to correct the stormwater problems created by the Defendant's Netherby project. 12. The Plaintiffs seek the following relief: A. Injunctive relief by the Court which prohibits the Township from permitting the Netherby project from proceeding until its stormwater plan is updated and corrected and remedies applied to the lands of the Plaintiffs. B. That the Township or the Diehls be directed to install a new storm sewer line which conveys the stormwater flow beyond the Plaintiff's property. C. Take additional remedial actions or require the developers to take actions on the Netherby site to increase the amount of water detained on the property. D. Repair and correct any sinkholes or to direct the developer which has developed on the lands of the Plaintiffs and commit to repairing any new sinkholes which are created on the lands of the Plaintiffs. E. Reasonable expert costs and legal fees and expenses of the Plaintiffs for this action as well as time required to implement the above remedies. WHEREFORE, the Plaintiffs, Thomas R. Benjey and Ann E. Benjey, seek relief as set forth above in addition to any other remedies which the Court deems appropriate in this case. Respectfully submitted, IRWIN & By: Marcus A. McKni t q' 60 West Pomfret S et Carlisle, Pennsylvania 013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs, Date: 044 9 IS , 2006 Thomas and Ann Benjey 5 EXHIBIT A EXPERT REPORT for FLOODING AND SINKHOLE DEVELOPMENT at the THOMAS AND ANN BENJEY PROPERTY 546 EAST SPRINGVILLE ROAD SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA Prepared by: James P. Cinelli, P.E. and Walter M. Leis, P.G. Liberty Environmental, Inc. 10 N. 5T" Street, Suite 800 Reading, PA 19601 Liberty Project No. 050129 July 1, 2005 Expert Report for Flooding and Sinkhole Development at the Thomas and Ann Benjey Property 546 East Springville Road, South Middleton Township Cumberland County, Pennsylvania This report was prepared by Liberty Environmental, Inc. under the direct supervision of Mr. James P. Cinelli, P.E. and Mr. Walter M. Leis, P.G. The opinions expressed herein are based on a reasonable degree of scientific certainty. P. Cinelli, P.E. A/los- Date 7 / os Date By affixing my seal to this document, I am certifying that the information is true and correct. I further certify I am licensed to practice in the Commonwealth of Pennsylvania and that it is within my professional expertise to verify the correctness of the information. Principal Consultant Senior Hydrogeologist TABLE OF CONTENTS 1. INTRODUCTION .............................................................................................................1 2. PURPOSE AND SCOPE ...................................................................................................4 3. SITE SETTING .................................................................................................................5 4. EVALUATION METHODOLOGIES AND FINDINGS ..............................................6 4.1 SITE INSPECTION .............................................................................................6 4.2 TOWNSHIP ORDINANCE REVIEW ................................................................7 4.3 REVIEW OF REPORTS AND PLANS FOR NETHERBY SUBDIVISION ....9 4.3.1 Environmental Assessment Report ......................................................................9 4.3.2 Stormwater Management Report and Development Plans ................................11 4.4 RUNOFF CALCULATIONS ............................................................................12 4.5 REVIEW OF GEOLOGIC MAPS ....................................................................15 5. OPINIONS .......................................................................................................................17 6. REFERENCES ................................................................................................................20 LIST OF FIGURES Figure 1 Recent Sinkholes on Benjey Property ...............................................................................3 Figure 2 PA Topographic and Geologic Survey Karst Map ..........................................................16 LIST OF EXHIBITS Exhibit A: Curriculum Vitae Exhibit B: Portion of Dawood Engineering Plan Showing Pre-Developed Sinkholes/Depressions and Drainage Area 2 Boundaries Exhibit C: Stormwater Runoff Calculations ii e ? 1. INTRODUCTION Liberty Environmental, Inc. (Liberty) was retained by Thomas and Ann Benjey to perform a technical evaluation of flooding and sinkhole development problems that have been occurring on their property since the development of the "Netherby" residential subdivision Further, Liberty was requested to determine if these problems and resulting damages were caused by the construction of the subdivision, and if the damages could have been avoided by the developer. The individuals conducting this evaluation were James P. Cinelli, P.E. and Walter M. Leis, P.G. The full curriculum vitae of Mr. Cinelli and Mr. Leis are presented at the end of this report in Exhibit A. Liberty's evaluation included a review of plans, maps, reports and calculations for the Benjey property and the Netherby subdivision. The findings of the evaluation, as well as our opinions concerning the flooding and resulting damage, are detailed in this expert report. The opinions expressed herein are based on a reasonable degree of scientific certainty. The Benjey property is 14.6 acres in size, and is located at the located at the northwest comer of the intersection of Lindsey Road and East Springville Road in South Middleton Township, Cumberland County, Pennsylvania. The property has, since its first habitation, been primarily a residence with surrounding agricultural land. The property is situated immediately downgradient from the Netherby subdivision, which is a single-family residential development encompassing 58.6 acres. Phase 1 of the subdivision, which encompasses 10.2 acres, began to be constructed in September 2003. Consequent and coincident to the construction of the development, increased stormwater runoff has been observed on the Benjey property, resulting in flooding of portions of the property. Also, a series of sinkholes has developed on the Benjey property in a pattern that causes concern to the property and the residence situated thereon. The flooding and sinkhole development are a significant threats to safety and property, and thus require mitigation and long- term maintenance. The locations of the flooding and the most visible sinkholes are shown in Figure 1. The sinkholes, it must be stated, were only activated after construction activity was begun on the Netherby development. The sinkholes located in Figure 1 were confirmed in the field by a walkover inspection of the property by representatives of Liberty and Mr. Benjey. This walkover was conducted on June 1, 2005. There are also other areas on the Benjey property where sinkholes are being activated by subsurface drainage or runoff but are not yet open. The active sinkholes identified in Figure 1 opened between 2004 and 2005. It can be seen that these sinkholes are "walking" in a direction that points toward the Benjey residence and outbuildings. 2 f Figure 1 Recent Sinkholes on Benjey Property Notes. 1- Sinkholes 1-3 opened up in 2004 2. Sinkhole 4 opened in 2005 { t' ?? ?yyp+? I 44 C? Q ss. j It f j ?? I? ?I ?I y flood T- ;1 Lindse ??..? a C?" No Scale c=??rrxe s cvq.-r--Q, r and -ova 3. Srr¢er. a :?ee•c ^ oat + x '3 J 2. PURPOSE AND SCOPE In order to prepare this report, Liberty conducted research and field inspection activities to determine the following: • What is the cause of the flooding that has been observed on the Benjey property since the construction of the Netherby subdivision? ¦ What is the cause of the sinkhole development that has been observed on the Benjey property since the construction of the Netherby subdivision? ¦ What is the likelihood and possible magnitude of future flooding and sinkhole development on the Benjey property? ¦ What can be done to correct the existing flooding and sinkhole hazards on the Benjey property? Specifically, Liberty completed the following tasks: • A visual inspection of the Benjey property and Netherby subdivision. • A review of the drawings, reports and design calculations for the Netherby subdivision. ¦ A review of South Middleton Township ordinances. ¦ A review of publications regarding stormwater runoff in karst areas. • A review of geologic maps for the site area. • Preparation of an expert report documenting the findings of the inspection and research, and providing expert opinions addressing the questions listed above. The results of these tasks are detailed in the following sections of this report. 4 3. SITE SETTING The Benjey property is located at the northwest corner of the intersection of Lindsey Road and East Springville Road in South Middleton Township, Cumberland County, Pennsylvania. The property is occupied by a two-story residence, a barn and several outbuildings. The residence and other structures are all located on the southeast corner of the property. The remainder of the property is primarily used for growing hay. Two sanitary sewer easements intersect the property. The property is adjoined to the west and north by the Netherby (formerly "Ashton") residential subdivision. The entire subdivision is to include 113 single-family residential lots. Phase I of the subdivision, which includes 16 lots, has been under construction since September 2003. At the time of the site investigations performed by Liberty, 11 homes were either constructed or under construction. Stormwater runoff from approximately 49 acres of the Netherby development discharges to the Benjey property. Approximately 47 acres discharges to a detention basin located along the east side of the development. The detention basin outflow first crosses a property owned by George and Grace Steigelman, and then flows onto the Benjey property. Approximately two acres of the Netherby development, which includes lots 1 through 4, discharge directly to the Benjey property. The entire site area that encompasses the Netherby subdivision and the Benjey property is underlain by the Elbrook and Zullinger geological formations. The engineering characteristics of these formations are described by Geyer and Wilshusen as follows: ¦ Elbrook Formation: "Light gray, finely laminated, siliceous limestone with interbeds of dolomite and chert...Thorough investigations for sinkholes and pinnacle... surfaces should be undertaken." ¦ Zullinger Formation: "Interbedded medium-gray limestone and dolomite. Thorough investigation for solution cavities should be undertaken." 5 4. EVALUATION METHODOLOGIES AND FINDINGS The above-mentioned tasks were conducted by Messrs. Cinelli and Leis, or under their direction. The methodologies followed and the findings of the evaluation are presented in the following sections. 4.1 SITE INSPECTION On May 18, 2005, Mr. Cinelli performed a walkover inspection of the Benjey property. A second walkover inspection was conducted by both Mr. Cinelli and Mr. Leis on June 1, 2005. Significant observations from these site inspections were as follows: 1. Stormwater from the Netherby subdivision flows overland across the Benjey property until it meets an 18-inch diameter corrugated metal culvert that runs beneath East Springville Road. The culvert conveys stormwater flows from the Benjey property to a farmed property on the east side of East Springville Road. Grass in the low area on the Benjey property that adjoins the culvert was observed to be sparser than other grassed areas of the property. This is common in areas that experience water inundation. 2. Road widening was recently performed along Lindsey Road from its intersection with East Springville Road to the Netherby subdivision. According to South Middleton Township officials, the road was widened approximately two feet. 3. The June 1, 2005 walkover identified several large active sinkholes on the Benjey property. It could be seen from the root structures of plants growing near the active sinkholes that a number had opened up in the summer and fall of 2004 because stems and roots of last year's plants were the only plants exposed on the soil prisms that formed the sinks. Other, smaller sinkholes were observed to have opened more recently since plant stems and roots contained in the soil prisms were apparently from this current growing season, since the exposed roots and stems were actively growing. While conducting the survey, Liberty located other potential new sink areas that, while showing the characteristic "ring" structures of cracks in the soil, have not yet opened up and dropped 6 from 2 to 7 feet, as seen in the others. Liberty advised Mr. Benjey not to walk or cross over any active or "incipient" sink zones. Many of these sinks were coincident with the recently installed sewer connection line and residential development construction. No drawings or subsurface information was provided to determine whether any sinkhole zones were encountered during construction of the sewer line. 4. No sinkholes or depressions were observed in the Netherby subdivision during either walkover. 5. Roof drains from the houses on Lots 1 and 4 were observed to discharge to subsurface infiltration trenches. 4.2 TOWNSHIP ORDINANCE REVIEW Liberty reviewed the following South Middleton Township ordinances: 1. Land Development Ordinance No. 1 of 2001, Article VII: Site Planning and Design Requirements (January 2001). 2. Land Development Ordinance No. 1 of 2001, Article X: Special stormwater Management Planning and Design Requirements (January 2001). Section 710 of the Site Planning and Design Requirements contains a number of requirements for stormwater management facilities on developed properties. The following paragraphs highlight specific sections of the ordinance and our responses to whether the design of stormwater management facilities that were designed for Netherby subdivision meet the requirements of the ordinance. ¦ Section 710.c.(3): "...Post-development drainage patterns shall simulate pre-development patterns." The direction of stormwater flow does not change significantly between the pre- development and post-development conditions. However, Drainage Area 1, which flows toward the natural depression in the rear of the Benjey property (where sinkhole development has been occurring), was reduced in size between the pre-and post-developed conditions. Furthermore, infiltration devices that were installed at some of the homes in this 7 drainage area reduce the volume of stormwater runoff, as they were designed to completely infiltrate the 2-year/24-hour design storm. ¦ Section 710.c.(4)(a): "Runoff Capture Design Storm - The net increase in the 2-yr/24-hour frequency storm shall be infiltrated through BMPs...In areas underlain by limestone, BMPs for infiltration shall be designed to simulate the natural infiltration rate on the site prior to development. Dry wells and infiltration trenches shall be prohibited in limestone areas." Despite the ordinance's clear prohibition on the use of infiltration trenches in limestone areas, these were added to the development's stormwater facility design as evidenced by a fax from Dcm,ood Associates to South Middleton Township dated April 12, 2005. The use of infiltration trenches was observed at the constructed homes on Lots 1 and 4 during the walkthro ugh. ¦ Section 710.c.(4)(c)(i): "Permanent control measures/facilities shall be designed to assure that the maximum rate of stormwater runoff is not greater after development than prior to development at all points of discharge from the subject site for design storms of 2, 5, 10, and 25-year return frequency storm events." The stormwater management facility design included an assessment of pre- and post-developed flow rates, and design of stormwater detention facilities aimed at reducing post-developed peak flow rates to below the pre-developed flow rates. However, as noted below in the review of the plans for Netherby subdivision, the pre- developed drainage area was grossly overestimated because the loss of surface water to sinkholes andlor depressions was ignored. ¦ Section 710.c.(4)(c)(v): "Calculations of the post-development peak discharge shall assume that all areas being disturbed during construction will be reduced by one Hydrologic Soil Group category level (e.g. HaB is reduced to HaC, etc.)" As noted below in the review of reports for the Netherby subdivision, this requirement was not met in the development's stormwater management plan. 8 4.3 REVIEW OF REPORTS AND PLANS FOR NETHERBY SUBDIVISION Liberty reviewed the following reports and plans for the Netherby (Ashton) subdivision: 1. Environmental Impact Assessment Report, Fisher Mowery and Rosendale & Associates, Inc., April 2000. 2. Stormwater Management and Drainage Study and Erosion and Sedimentation Control Plan, Terry L. Fought, P.E., April 2000. 3. Proposed Grading/Utility Plan (Drawings 3 of 9 and 4 of 9), Dawood Engineering, Inc., April 24, 2003. 4. Inlet Drainage Area Maps, Dawood Engineering, Inc., December 20, 2002. 5. Erosion and Sedimentation Plan and Details, Dawood Engineering, Inc., December 20, 2002. A brief summary of these documents and findings of our review of the documents are summarized in the sections below. 4.3.1 Environmental Assessment Report The Environmental Assessment (EA) was conducted in accordance with section 714 of the South Middleton Township Land Development Ordinance. As part of this Environmental Assessment, a geophysical contractor, Enviroscan, Inc., was contracted to, presumably, identify and locate potential geological hazards for the Netherby subdivision and, by inference from the ordinance, identify such impacts on the client property and properties adjoining. The primary author of the Environmental Assessment was, further, required to identify potential impacts and propose mitigation or alternatives to mitigate the impacts. The EA was to answer specific questions regarding site conditions as they relate to environmental impacts. This EA was completed as a response to the ordinance requirements and, while it lists responses to each requirement of the ordinance, it is for the most part, silent concerning even the presence of karst features. We are in the following paragraphs highlighting specific sections of the EA and our responses to whether the EA contractor had provided the necessary detail concerning the required information or conclusions. 9 • EA section 714A (4). The requirement herein is for a detailed identification of the physical resources including a narrative of the qualitative and quantitative aspects of the resources mentioned. [While no real discussion of site environmental resources was presented, the EA contractor provided the geophysical investigation report as an appendix to the EA with no narrative of the significance of the report's findings. Enviroscan completed a significant amount of detailed geophysical work and located rock structure, interpreted regolith thicknesses, and incipient sinkholes identified as soil pipes. Liberty feels that the lack of discussion indicates that the EA author did not understand the significance of the data that was presented.] ¦ EA section 714.d(15). This section requires the author of the EA to discuss the environmental effects, both positive and negative, that the proposed development would cause, and the expected duration of these effects. [These effects are usually termed environmental "impacts ". The EA states, in very brief terms, that the "existing area does not possess any special amenities that will be disturbed by conversion from agriculture to housing. " There is no discussion at all concerning negative consequential effects as required by the ordinance, even though the geophysical report is quite complete and displays the potential for karst features to develop. In fact, on page 2 of the Enviroscan report there is presented a notification of potential sinkhole problems caused by concentration of stormwater and/or excess infiltration. This is clearly an oversight by the EA contractor]. ¦ EA section 714.d(16). This section requires the EA to contain an alternatives analysis described in narrative form that would "...preclude, reduce, or lessen potential adverse impact or produce a beneficial result." [In this section the preparer of the EA simply and (rather brusquely) stated that, "Building or no building" are the only alternatives. Liberty does not interpret this section as an "either/ or "for the project, but rather a detailed discussion of an analysis of the alternatives that would mitigate any karst-related impacts. However, not having even discussed the potential karst problems that were presented by the geophysical study, leads us to believe that these two tasks were completed in a non-interdisciplinary fashion and, pu7posely, no information was derived from the geophysics to be included 10 within the EA. It was noted that the geophysical survey was completed almost three years prior- to the EA and its significance was not shared with the EA contractor]. ¦ EA section 714.d(17). This section asks for a detailed discussion regarding adverse environmental impacts. [The preparer of the EA largely missed the meaning of this requirement. In fact, the EA only discussed potential responsibilities of the Township to widen roads, provide fire and police services. The preparer totally disregards the potential for sinkhole collapse, and the other hazards that karst presents, such as ground water effects and building damage.] ¦ EA section 714.d(18). This section requires a discussion regarding mitigation of any adverse environmental effects. [Since the EA is totally silent on the fact that karst features represent a serious environmental concern, such a discussion was completely overlooked. The EA does not consider the soil and geologic conditions that pertain, and no discussions or plans are presented to consider how the sinkhole problems can be avoided or mitigated. Consequently, the sinkhole conditions, as presently seen, are occurring and may continue to occur unless mitigation is undertaken by the developer]. 4.3.2 Stormwater Management Report and Development Plans A review of the drawings prepared for the Netherby subdivision by Dawood Engineering, Inc. revealed a significant drainage feature that was not incorporated into the stonmwater facility design for the development. This is the presence of four topographic depressions within Drainage Area 2. Two of the depressions are quite large, with depths of approximately two feet and five feet. Prior to development, these depressions would have intercepted stormwater runoff from approximately 44.23 acres. The Stormwater Management and Drainage Study prepared by Terry L. Fought did not consider the effects of these depressions on pre-developed stormwater runoff, despite their size and significant contributory drainage area (Fought estimated the size of pre-developed Drainage Area 2 to be 74.75 acres). It is known from hydrologic studies and published literature (Aron, et al, 1981) that in karst areas, a significant amount of stormwater in undeveloped areas is lost through infiltration. It is common practice to account for these losses by either excluding the portions of the drainage area that flow to sinkholes and depressions in the pre-developed drainage area, or to use a correction factor, typically between 0.33 and 0.5) to reduce the pre-developed flow rates that is predicted by common hydrologic models such as TR-55 and the rational method. No consideration of the loss of pre-developed runoff to sinkholes and depressions was included in the stormwater management facility design for the Netherby subdivision, resulting in a significant under-design of stormwater detention facilities. This under-design is quantified in the runoff calculations detailed below. The locations of the sinkhole/depressions are shown in Exhibit B. Another oversight in the Stormwater Management and Drainage Study, as noted previously in the ordinance discussion, was the omission of the requirement to reduce the Hydrologic Soil Group of disturbed soils from the pre-developed to the post-developed conditions. The curve numbers shown for the pre-developed and post-developed conditions in Attachment I of the Stormwater Management and Drainage Study indicate that the same soil groups were used in the development of the pre-developed and post-developed weighted curve numbers for the drainage areas. Therefore, the post-developed flows were under-estimated, and thus would result in an under-design of stormwater detention facilities for the development. 4.4 RUNOFF CALCULATIONS Drainage Area 2 In order to determine the correct pre-developed and post-developed stormwater flow rates and quantify the degree of over- or under-estimation of these flow rates in the stormwater management facility design, Liberty delineated a revised pre-developed drainage area which excludes the area that drains to the four sinkhole/depressions that were indicated on the Dawood Engineering, Inc. design drawings. It was determined that the two large sinkhole/depressions intercept an area approximately 43.73 acres, and the two smaller sinkhole/depressions intercept an area approximately 0.5 acre, for a combined intercepted area of 44.23 acres. The resulting drainage area that actually makes up Drainage Area 2 is 21.49 acres in size. This is significantly smaller than the pre-developed drainage area of 65.72 acres that was incorporated in the 12 stormwater design calculations, resulting in a gross overestimation of pre-developed runoff rates. An outline of our revised boundary for Drainage Area 2 is depicted in Exhibit B. As indicated previously, the stormwater calculations for the Netherby subdivision failed to account for a change in the Hydrologic Soil Group between the pre-developed and post- developed condition, resulting in an underestimation of the post-developed flow rates. As an example, the curve number for good-condition grass in B-type soils should be increased from 61 in the pre-developed condition to 74 in the post-developed condition. Another development impact that resulted in a change in curve number was the removal of a 400-foot long row of deciduous trees on the Benjey property to install a sanitary sewer line. Using corrected values for the pre-developed drainage area size and the post-developed curve numbers, Liberty calculated the correct pre-developed and post-developed runoff rates for Drainage Area 2. A summary of the flow adjustments and overall difference between the corrected flow rates and those used in the Netherby subdivision design calculations, is presented in the tables below. A detailed summary of the flow calculations is provided in Exhibit C. Overestimation of Predeveloped Flow Storm : Frequency, r srPredevelopedFlow ' PredevelopedFlov? Ignoring Sirokhoie Loss considering Sinkhole' cfs . r i ess ols w. flveresti-n Joi t'rdeve]oped Fi " ?cfs 1 19.66 4.54 15.12 2 24.75 5.70 19.05 5 31.88 6.15 25.73 10 39.56 7.61 31.95 25 47.10 10.64 36.46 50 55.21 12.93 42.28 100 65.56 16.01 49.55 " Drainage Area = 74.74 acres Drainage Area = 21.49 acres 13 Underestimation of Postdeveloped Flow ?- Freg {ericy ? Postdeveloped,Flow WitlioutiSti)I? ategory 13eductto y '.r. n Pflstdevelopi?dflow z With Su11 Category - Reduktlon? ? Urid?resJ' etion;t?? Pos dev 1 41.93 48.13 -6.20 2 52.14 59.54 -7.40 5 66.50 75.31 -8.81 10 82.00 92.17 -10.17 25 97.03 108.64 -11.61 50 112.75 125.40 -12.65 100 113.17 146.89 -33.72 CL mulativP_ Inrraaco in Pint- r?..?...t a.., Storm : r h 66rriu6 tive'Fiow ]ncrease .requericy? Y wk icy )racrease StofniWaterl#ovr After cls?t? neve]o friirat 1 21.32 470% 2 26.45 464% 5 34.54 562 % 10 42.12 553% 25 48.07 452% 50 54.93 425% T 100 83.27 -520% Drainaee Area 1 Dawood Associates submitted designs for infiltration trenches for individual lots that takes into consideration the increase of impervious area from each home that is constructed. The purpose of these infiltration trenches was presumably to reduce the post-developed flow volume to the pre- developed flow volume for the 2-year/24-hour storm event. However, the change in soil group and resulting increase of curve number following development was not considered, and accounts for a significant increase in stormwater volume. Eliminating the building areas in post-developed Drainage Area 1 (since their areas are infiltrated), Liberty performed pre- and post-developed stormwater volume calculations for the drainage area. These calculations account for the change in hydrologic soil group. It was determined that an increase of approximately 2,456 cubic feet of stormwater volume occurs as the result of development of this drainage area for the 2-year/24- 14 hour storm event. This increase in volume from high-frequency storm events is a contributing factor in the development of sinkholes on the Benjey property since the construction of the Netherby subdivision began. 4,5 REVIEW OF GEOLOGIC MAPS Liberty reviewed the Carlisle, PA quadrangle map of the Sinkholes and Karst-Related Features of Cumberland County, Pennsylvania (Open File Report 8902, W.E. Kochanov, 1989), published by the Pennsylvania Bureau of Topographic and Geologic Survey. The map identified potential and active karst features including sinkholes, soil depressions, "ghost lake" caverns, rock pinnacles and circular soil tonal variations consistent with karst topography. In this map, Kochanov had located a number of karst features on surrounding properties (see Figure 2). Two closed depressions were mapped on the east side of the Benjey property, and no karst features were mapped on the west side of the property. This is interpreted to mean that for the time period in which aerial photos were available to develop the map (mid 1930s until 1989), there were no active sinkholes on the Benjey property. From discussing this with Mr. Benjey, he was aware of only one recent sink area on his property since that period (presumably associated with the drought of 1999-2002). However, since the Netherby development has been under construction beginning in September 2003, at least five active sinkholes have formed and a number of other incipient sink zones were noted on the Benjey property in the field visit of June 1, 2005. One of the five sinkholes that developed on the Benjey property was reported to be approximately 20 feet wide and five feet deep. This sudden appearance of sinkholes is, in our professional opinion, related to construction activities at the Netherby subdivision. 15 Figure 2 PA Topographic and Geologic Survey Karst Map 16 5. OPINIONS In our expert opinion, based on a reasonable degree of scientific certainty, we opine the following: 1. Sinkhole Development: The problem of the activation of sinkholes on the Benjey property is one that was foreseeable and, for the most part, addressable by the developer of the Netherby subdivision. It is our opinion that karst impact should have been included in the EA and mitigation measures should have been addressed during the site development design stage. The EA was of little use to provide such information, although EA Exhibit No. 3 (the Final Geophysical Survey by Enviroscan, Inc.) certainly provided as much detail as would be required to complete a thorough assessment of sinkhole hazards with necessary Environmental Impact Analyses and Mitigation Analyses. The maps I through 4, included as exhibits within the geophysical survey report, contained enough detail to identify the fact that sinkholes, if activated, would become a problem for this project area. The geophysical report presented conclusions consistent with the scientific data that land disturbance in this area could predictably cause the formation of sinkholes. This data was presented to the author of the EA in a very generous time frame; the geophysical survey being completed almost three years prior to the EA. However, the EA was completely silent on the entire subject of environmental impacts related to karst. This was a serious oversight, since building construction has already begun, and street and utility construction is completed. Our concerns are primarily focused on the dwelling and the outbuildings of the Benjeys. If their property remains in agricultural use, we feel that the developer can, until the area is completely stabilized, conduct karst remediation on a sinkhole-by-sinkhole basis using accepted mitigation techniques. However, sinkholes that occur near the house and outbuildings can cause major structural failure to a house that is a historical artifact and represents a genre in Pennsylvania German architecture of the 18th and 19th centuries. Needless to say, Liberty is similarly concerned about potential sinkhole damages to the very houses and streets at the Netherby development since, apparently little, if any, mitigative measures were discussed, proposed, or planned for this project. 17 2. Flooding. The plans prepared by Dawood Engineering clearly indicate the presence of sinkholes and/or closed depressions in Drainage Area 2 of the Netherby subdivision property prior to the start of construction. The failure to incorporate the losses of stormwater flow to these features in the stormwater design calculations for the development significantly overestimated pre-developed flow rates, resulting in significant under-design of stonnwater management facilities, since these features were backfilled during site development. Furthermore, the failure to account for a change in hydrologic soil group between the pre-development and post-development conditions, as required by Township ordinance, resulted in an underestimation of post-developed stormwater flows from the development. The combined result of these errors resulted in an increase of up to 562% of stormwater flow after development, despite the installation of stormwater detention facilities. In addition to the increase in runoff in Drainage Area 2, Liberty's calculations indicate that an increase in stormwater volume occurs in Drainage Area 1 for the high-frequency 2-year/24-hour storm event, despite the installation of infiltration trenches on the lots in this drainage area. This is due to the design engineer's failure again to account for the change in hydrologic soil group between the pre-developed and post-developed condition. The resulting volume increase for the 2-year/24-hour storm event is 2,456 cubic feet. This drainage area drains to the area on the Benjey property where sinkholes have recently developed, and the increased volume is a contributing factor to the sinkhole development. 3. Remedies. One or a combination of the following remedies should be immediately implemented to correct the flooding and sinkhole problems that have been created on the Benjey property from the construction of the Netherby subdivision: a. Stormivater Volume Reduction in Drainage Area 1: Increasing the capacity of the existing infiltration trenches, and/or adding additional infiltration structures, would appear to be the most feasible methods to restore the volume of runoff from the 2-year/24-hour storm event to below the pre-developed condition. Other volume reduction methods, such as capture and reuse or increased evapotranspiration, are not likely to be feasible for this area. One feasible 18 r. ?-?•.... ...v norm ^., ?' Z ?li b `f? • ' 7(a?Y• R?` '? W N ? Q -0 C/) cn lei ?. n? i ' t I 'mob . • 1 °. 3 -E3. t! I 246. O (n O O O , ? I i.1 I; k'A}'13'351r NO4"50'09,w :T t pp' `yq, `rr- O N tD }} 1 ^ ci. CO 1 aver P p fl) CJ (a 'T CD CD 0- CL 0 :3 '"lJ { 1 ! I of `` \ ?? .C X C ?. (D _0 CL C:j i t t. , p a^ F F 1 I I " ? t ).(DD n 1 b j { ? { L? ? ? i?C r h ?' I is w r 11 Cp• CD « V 4 I' ` v'. Ij { ,4 pt v o lupctJasoo x+MarOt ptowdwd .d `? I ? i I m' A a?ti+ 6/?3?7 M07 7YIt1WSM -?Jt, rc ur ?___ __ 4 tz 9r ios f :R• <' I k €? o i. 4R 1 5g L -.: e r_? r s 1' M ZZ,9G t0? _? ~^_ ?.< O V I 3N02 7YN!1{7/illhiJY: (YJ vi' 1??? "" _ r 4N ? ? ? tl r ? . y „ ( { lr?,? ?vt % , R p x{{ I ?1 4 I I D W? 4 CA I IR t f? ,? uJO V/ rs t ? ? ? a. .t'. 1 •? 7? rv?0 Q? f? p ?..tC ---- .469A1-?' ti?:?. r •n; Ow NDM.tR?i k G ? ... ? I . 1 - -jd .• M n Ste,----,..._ ._-._..p?,.. _:;?z ?o ,,r 1 pbtwr alternative may be to convey all or a portion of the stormwater flow from Drainage Area 1 to a location beyond the Benjey property via a new storm sewer line. b. Stormwater Flow Reduction in Drainage Area 2: Providing additional stormwater detention, either by increasing the size of the existing detention basin or adding additional detention basins within the Netherby subdivision, appears to be the most straightforward method to reduce post-developed stormwater flow rates to the pre-developed rates. Minimizing the amount of impervious coverage in future construction in the development could be combined with additional detention to achieve stormwater flow reduction. One alternative to increased detention that should be considered is conveying the discharge from the existing detention basin through the Benjey property via a new stone sewer line. This new storm sewer would likely need to be terminated at a point on the east side of East Springville Road. A second alternative that may be feasible is re-excavating the two large original sinkholes in the Netherby subdivision and creating inverted filters within them. If their stormwater capture potential can be restored, the increase in stormwater runoff could be mitigated. This alternative would likely require deed restrictions, engineering controls, and a maintenance agreement. c. Contingency Plan: The developer of the Netherby subdivision should develop a plan to address future karst failures on the Benjey property. The plan should commit the appropriate resources to respond to karst failures in a timely manner during construction of the Netherby subdivision and for a specified time period following the completion of construction. The preparers of this report reserve the right to amend this report, including the opinions, upon receipt of additional data that is pertinent to the site. 19 6. REFERENCES 1. Aron, G., et al, Procedure for PSU-IV for Estimating Design Flood Peaks on Ungaged Pennsylvania Watersheds, 1981. 2. Geyer, A. R. and Wilshusen, J.P., Engineering Characteristics of the Rocks of Pennsylvania, Pennsylvania Geological Survey, Environmental Geology Report No.l, 1982. 3. Kochanov, W. E., Sinkholes and Karst-Related Features of Cumberland County, Pennsylvania (The Carlisle Qudrangle), Open File Report No. 8902, 1989. 4. Laugland, J., Stormwater Management Design in Karst Terrane Adjusting Hydrology Models and Using Karstic Features, 1999. 5. Ralston, M. and Oweis, I., Geotechnical Engineering Considerations for Stormwater Management in Karst Terrain, 1999. 6. Wilshusen, J. P. and Kochanov, W. E., "Environmental and Engineering Applications: Carbonate Terrain," The Geology of Pennsylvania, 1999. 20 EXHIBIT A CURRICULUM VITAE JAMES P. CINELLI, P.E. CURRICULUM VITAE Qualifcations Summary Fields of Competence Mr. Cinelli is experienced in Phase I, II & III environmental site ¦ Over 14 years of experience in environment l assessments; remediation system design; site remediation management; a management consulting for spill prevention and response plans; stormwater and wastewater systems design permitting and const ti industry. , ruc on; erosion control plans; • Project manager for the stream encroachment and earth disturbance permitting; and waste underground storage tank management. management program for a large Convenience Store Credentials company in Pennsylvania ¦ Extensive experienced with M. Eng, Environmental Engineering, Pennsylvania State University Phase I and II assessments, (2000) environmental compliance audits, and due diligence MBA, Business Administration, St. Joseph's University (1995) studies. B.S., Civil Engineering, Lehigh University (1990) ¦ Managed numerous remedial Professional Engineer registered in Pennsylvania, Delaware, Tennessee, investigations and feasibility New Jersey, Virginia, New York and Connecticut studies under PA Land Recycling (Act 2) Program Training and Associations for chlorinated solvent, PCB and fuel oil contaminated 40-Hour Hazwoper Training sites. 8-Hour Hazwoper Supervisor Training New Jersey UST closure and subsurface investigation certifications Accredited asbestos building inspector and management planner Member of American Society of Civil.Engineers Key Projects 18th & Callowhill Streets Site, Philadelphia, PA= Managed site remediation project at a former transformer manufacturing facility. Site work included reconstruction of a concrete retaining wall, installation of temporary shoring to enable excavation to the property boundary while protecting the adjacent streets and utilities, excavation and disposal of approximately 1,000 tons PCB-contaminated soil, and installation of HDPE cap. Managed health and safety concerns through an active public participation program, and secured a Release of Liability through Pennsylvania's Land Recycling Program. Baldwin Locomotive Works, Eddystone, PA - Conducted site assessment activities under Pennsylvania's Land Recycling Program. Work included groundwater monitoring well installation, soil borings, a test pit investigation and preparation of a Remedial Operation & Maintenance Plan to address impacted soils encountered during Page I of 5 REV 06/2o00 JAMES P. CINELLI, P.E. CURRICULUM VITAE redevelopment of the site. Conducted PCB testing in an electric substation containing 30 transformers and capacitors. Scattered Sites, North and South Carolina - Managed the decommissioning of five bleach and dye facilities, including asbestos inspections and abatement, characterization and disposal of drummed waste materials, assessment and remediation of contaminated soil and groundwater (petroleum products and chlorinated solvents), and aboveground and underground storage tank removals. Jefferies Knitting Mill, Albemarle, NC - Managed the decommissioning of a former bleach and dye facility. Provided management of approximately 200 drums of waste, including drum inventory, material characterization, consolidation, transportation and disposal. Conducted site assessment activities to delineate the extent of PCE in groundwater from former dry cleaning operation. Performed the removal of two 50,000 gallon #6 fuel oil USTs and off-site bioremediation of 600 tons of impacted soil. Conducted an asbestos inspection in preparation for future building demolition. Pennsylvania Steel, Hamburg, PA - Managed environmental assessment activities at this site in pursuit of a Release of Liability under Pennsylvania's Land Recycling ("Act 2") Program. Historic industrial activities at the site included steel and stainless steel foundry operations, as well as truck body manufacturing. Investigated numerous areas of concern, including nine (9) underground storage tanks, an oil-water separator, and two (2) areas where foundry sand and slag were buried. Groundwater investigation activities, including installation of five (5) groundwater monitoring wells, aquifer testing, and fate-and-transport modeling were also performed. A Release of Liability was obtained under Statewide Health Standards for soil, and a Site-Specific Standard was established for naphthalene in groundwater utilizing the results of the Bioscreen fate-and-transport modeling that was performed. Other environmental investigation activities performed at the site included a comprehensive asbestos inspection, a radiological survey at a former non-destructive metal testing facility, and Johnson & Ettinger vapor intrusion modeling. Convenience Store, Lancaster County, PA - Removed 8,000 gallon gasoline UST and conducted a site characterization to delineate the extent of soil groundwater impact. Designed and installed a granular activated carbon pump-and-treat system, and secured NPDES permit for surface discharge of treated effluent. Conducted a fate-and-transport study to demonstrate attainment of Statewide Health Standards, and secured a release of liability through Pennsylvania's Land Recycling Program. Woodruff Oil, Bridgeton, NJ - Managed the design and installation of a secondary containment upgrade at a bulk fuel storage facility, in order to comply with recent changes to aboveground storage tank regulations. The secondary containment upgrade included a high-density polyethylene (HDPE) liner. The project required the design of a special perimeter anchoring system due to the proximity of adjoining structures. Site-specific designs for liner penetrations were necessary, due to the size, number and type of obstructions that were present (tanks, pipe supports, pump house, etc.). Convenience Store, Lancaster, PA Two underground storage tanks were removed in order to meet PADEP and USEPA upgrade requirements. Impacted soil was discovered in the tank excavation. Prepared a Remedial Action Plan, and performed on-site remediation of excavated contaminated soil using ex-situ bioremediation technology. After complete remediation of soil, a Release of Liability was issued by PADEP using Statewide Health Standards. Poultry Processing Facility, Lebanon County, PA - An emergency response firm responded to a release of sulfuric acid from an aboveground storage tank at a poultry processing facility (location Page 2 of S REV 06/2004 -JAMES P. C/NELLI, P.E. CURRICULUM VITAE confidential). After Elk completed the excavation of heavily impacted soil, UAI personnel conducted a site assessment and risk assessment under Pennsylvania's Act 2. Systematic random grid sampling was conducted, and a risk assessment was performed, which indicated that residual contaminants remaining in the soil were protective to human health and the environment. An Act 2 Release of Liability was granted by PADEP using a Site-Specific Standard. Convenience Store, Bedford, PA - A Phase II Environmental Site assessment indicated that three gasoline underground storage tanks were previously located on this site. A soil and groundwater investigation was performed, and impacted soil and groundwater were fully delineated. Impacted soil was excavated and disposed off-site. The groundwater plume was determined to be stable by conducting quarterly groundwater monitoring. Following the completion of groundwater monitoring, a Release of Liability was issued by PADEP using Statewide Health Standards. Convenience Store, Downingtown, PA - Performed a site characterization in response to a release of gasoline from an underground storage tank system. Designed and managed soil vapor extraction and bioventing feasibility studies to evaluate the effectiveness of these technologies for remediation of gasoline-impacted soil. Prepared a Remedial Action Plan which was approved by the Pennsylvania Department of Environmental Protection, and designed a bioventing remediation system. Managed construction and operation of the remediation system. Convenience Store, Lancaster County, PA - Performed a site characterization in response to a release of gasoline from an underground storage tank system. Designed and managed a soil vapor extraction feasibility study to evaluate the effectiveness of this technology for remediation of gasoline- impacted soil. Prepared a Remedial Action Plan which was approved by the Pennsylvania Department of Environmental Protection, and designed a dual-phase extraction remediation system, utilizing a liquid ring pump, an air stripper, and vapor phase carbon, to simultaneously remediate soil and groundwater. Managed construction and operation of the remediation system. Convenience Store, Annville, PA - Performed a site characterization in response to a release of gasoline from a failed o-ring on an underground storage tank system. Due to impact to groundwater at the property line, determined that no exposure pathways were present by conducting a receptor survey and fate-and-transport study. Demonstrated attainment of a Site-Specific Cleanup Standard for MTBE, securing a Release of Liability through Pennsylvania's Land Recycling Program. Convenience Store, Halifax, PA - Removed two underground storage tanks in preparation for a real estate transaction. Due to the presence of MTBE in groundwater, a Site Characterization was performed, which identified an MTBE plume extending off-site. Performed a receptor evaluation and fate-and-transport survey. Negotiated deed restrictions on three properties, eliminating potential exposure pathways and enabling demonstration of attainment of a Site-Specific Cleanup Standard for MTBE. Secured a Release of Liability through Pennsylvania's Land Recycling Program. Convenience Store, Coatesville, PA - Performed a remedial alternatives analysis for treatment of gasoline-contaminated groundwater. Selected an innovative design - a Trickling Filter Bioreactor - over more traditional technologies such as granular activated carbon and air strippers. Designed and installed the remediation system, and secured NPDES permit for the system's discharge. Performed monthly system maintenance, discharge monitoring and reporting. Operational cost savings of $80,000 to $100,000 per year was realized. Page 3 of 5 REV 0612104 JAMES P. CINELLI, P.E. CURRICULUM VITAE Confidential Client - Conducted Environmental Compliance Audits of two steel manufacturing facilities in preparation for an EPA multi-media audit. Responsibilities included performing a review of environmental reports and permits and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials, and storage tanks. Confidential Client - Conducted Environmental Compliance Audits of a warehouse facility and a wire and cable manufacturing facility for a major battery manufacturer. Responsibilities included performing a review of environmental reports and permits and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials and storage tanks. Confidential Client - Conducted Environmental Compliance Audits of five automobile part re- manufacturing facilities. Responsibilities included performing a review of environmental reports and permits, and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials, and storage tanks. Allied Signal, Pottsville, PA - Implemented and certified the closure of a permitted RCRA hazardous waste storage facility. The project included pad decontamination, management of wastewater, post- decontamination sampling and analysis, and closure certification. Berks Landfill Superfund Site, Spring Township, Berks County, PA - Performed a waste volume analysis for a PRP group. Historical aerial photographs and topographic mappings of the landfill site were reviewed in order to determine the method of landfill construction, and to estimate the depth of buried waste. A grid was overlaid on the waste disposal areas, and the total volume of waste was calculated based on estimated depth of waste at each grid point. A summary report was submitted to the PRPs' attorneys for Superfund litigation defense. United States Postal Service, Bellmawr, NJ and Wilmington, DE - Designed/specified wastewater recycling systems for USPS vehicle maintenance facilities. Work included reviewing building drawings, surveying drain sizes and depths, designing collection trenching and piping, and preparing performance specifications for wastewater recycling equipment. Performed construction inspections. Limestone Quarry, Bechtelsville, PA - Designed/specified a wastewater recycling system for truck maintenance and washing operations. Work included reviewing building drawings, surveying drain sizes and depths, and wash pad and collection sump design. C.S. Garber & Sons, Boyertown, PA - Designed/specified a wastewater recycling system for drill fig washing operations. Work included surveying building dimensions, design of a dual gate-controlled wash pad and a 5,000-gallon sediment settling tank, specification of ultrafiltration water recycle equipment, and construction management. Sun Drilling Products, Belle Chase, LA - Designed a vehicle washwater treatment system and performed NPDES permitting for a drilling products manufacturer. Washwater treatment system design included a topographic survey, settling tank design, vehicle entry/exit ramp design, and oil/water separator specification. An NPDES permit was secured for the wastewater discharge and a new Styrene Divinyl-Benzene Copolymer manufacturing plant. Page 4 of 5 REV 06/2004 JAMES P. CINELLI, P.E. CURRICULUM VITAE Convenience Store, Coatesville, PA - Performed an evaluation of a malfunctioning small flow sewage treatment system. Established improved system operating procedures and retrofitted the system with a second aerator to ensure compliance with NPDES permit limits. Performed monthly maintenance and prepared discharge monitoring reports. Oley Valley Elementary Center, Oley, PA - Designed stormwater management facilities and prepared erosion control plan, and prepared a stream crossing general permit application for a proposed elementary education facility. Due to the extensive area of soil disturbance, an Earth Disturbance Permit was secured from the Pennsylvania Department of Environmental Protection. Golden Oaks Golf Club, Pricetown, PA - Designed stormwater management facilities and prepared erosion control plan for a 280-acre championship golf course. Due to the extensive area of soil disturbance, an Earth Disturbance Permit was secured from the Pennsylvania Department of Environmental Protection. The design included five sediment/stormwater detention basins, and several diversion swales and sediment traps. Garden State Growers, Flemington, NJ - Prepared stormwater management facilities, including five stormwater detention/sediment basins. Prepared stream encroachment permit applications for three stream crossings and five detention basin outfalls. Cataldi Waste Disposal, Inc., Reading, PA - Served as design engineer and project manager on 10- acre land development project for a recyclable materials transfer station. Responsibilities included site grading, vertical and horizontal alignment of industrial access driveway, design of stormwater management facilities, and preparation of an erosion control plan. Central Catholic High School, St. Lawrence, PA - Designed grading, stormwater conveyance facilities, and erosion control plan for the expansion of practice fields at a high school athletic center. Cambridge-Lee Industries, Reading, PA - Designed a constructed wetland for removal of copper from industrial stormwater and cooling water discharge, and prepared an erosion control plan for same. Publications and Presentations Cinelli, J. P., "Applied Storm Water Management for Small Watersheds," presented at Penn State Great Valley, Fall 1999. Cinelli, J. P., "Ask a Lawyer," Served as a panel member for Berks County Bar Association's television program covering underground storage tank regulations, 1997. Cinelli, J.P., "Environmental Assessment and Pennsylvania's Land Recycling Program" presented at lending institutions, bench-bar association conferences, and realtor training seminars. Cinelli, J.P., "Understanding Environmental Regulations," presented at Berks Chamber of Commerce, 2000. Cinelli, J.P., "Ex-Situ Remediation of MTBE-Contaminated Groundwater Using a Trickling Filter Bioreactor", 2004. Page 5 or 5 REV 06l2oot .WALTER M. LEIS, P. G. Senior Hydrogeologist CURRICULUM VITAE Qualifications Summary Fields of Competence ¦ Over 23 years of experience in environmental practice of Mr. Leis has expertise in detection and abatement of groundwater hydrogeology, as a field contamination attributable to chemicalspills, radionuclides, and solid hydrogeologist, field waste disposal problems; design of artificial recharge wells; model supervisor, technical simulation of groundwater systems; siting of hazardous waste supervisor, and project repositories and landfills; permitting, expansion, and closure of solid manager. waste facilities; practical applications of geophysical surveys to ¦ Chief geologist/ task leader contaminated hydrologic systems, site investigations and borehole investigating solvents and radionuclides migrating in geophysical surveys; geochemical studies of acid mine drainage and groundwater and discharging hazardous and nuclear wastes; system installation and rehabilitation of to surface waters at sites in groundwater extraction and recharge wells; design of horizontal PA, NJ, OH and MO, and galleries; expert witness. for 26 Uranium Mill Tailings Remedial Action Served as project leader investigating sediment transfer of (UMTRA) Program sites in hazardous materials and radionuclides in sites in PA, NY, NJ, OH the western US. , MO, VA, and SC. ¦ Project Director and chief ' Developed geochemical sampling techniques for karst and deep geoscientist at over 100 mine sampling. Evaluated synthetic and field hydrologic data for different contaminant and deep formational analysis in coal field projects. hazardous waste sites in U S ¦ Research experience developing mapping techniques for subsu f . ., U.K., and Asia. Expert in approximately fifteen r ace structures having multi-state hydrogeological significance, and related court cases. defining ore bodies by geochemical prospecting. ¦ Directed numerous ' Six years of research applying geophysics to evaluating successful projects for siting, contaminated ground water supplies in fractured rock and karst designing, and permitting of areas. Project Director for artificial recharge and deep well disposal solid and residual waste studies: consultations for waste disposal and aquifer quality storage and disposal sites. problems for coastal communities Developed specific hy- drologic routing and seepage . ¦ Numerous aquifer restoration projects involvin multi le round- g p g models for cap and liner water zones contaminated by radionuclides, landfill leachate and design, and for active high-density, low-solubility organics. Expert Witness for three groundwater cleanup. A li successful, precedent-setting aquifer contamination cases. Project pp ed research to develop i Director and chief expert for the only groundwater cleanu st var ous landfill caps using synthetic soils for residual p sy em nominated for a demonstration grant in original Resource wastes, vapor routing caps Conservation and Recovery Act (RCRA) legislation. for radon and methane gas Remediation applications using slant, horizontal drill and lance collection, and permeable injection techniques. Applied horizontal and slant drilled wells for caps for asbestiform mineral piles. collection galleries in complex hydrogeology, and injection of grouts for redirecting contaminant flows. ¦ Directed projects affecting chemical and physical rehabilitation of fouled contaminant extraction and recovery systems. Developed early warning appliances and automated data systems used to detect fouling at early, reversible stages. Page 1 or9 REV 06/2004 . WALTER M. LEIS, P. G, Senior Hydrogeologist CURRICULUM VITAE Credentials M.S., Hydrogeology - University of Delaware (1975) B.S., Biochemistry - Albright College (1966) Registered as a Professional Geologist in the States of Delaware, Georgia and Indiana, and in the Commonwealths of Pernsylvania and Virginia. Training and Associations Cooperative Program in Environmental Engineering -- University of Pennsylvania (1968) Additional Special Course Work in Geology and Hydrology -- Franklin & Marshall College, and Pennsylvania State University Satellite Data Processing Training -- Goddard Space Flight Center (1983) Trenchless Technology Training (Westinghouse 1990) OWRR Research Fellow (1973-74) Geological Society of America -- Engineering Geology Division Society of Economic Paleontologists and Mineralogists Association of Engineering Geologists -- Chairman, Hazardous Waste Mgmt. Committee (1985-88) Hazardous Materials Control Resource Institute (HMCRI) - Superfund Conference Program Development Council (1986-1994), Federal Environmental Restoration Conference Program Committee (1992-1994) Honored Graduate for Delaware, Office of Water Resources Research (OWRR), 25th Anniv. (1989) American Academy of Forensic Sciences, Elected Member (Engineering Sciences Section) DOE Peer Reviewer for radionuclide applications of colloidal silica grouts by horizontal drilling and lance injection. DOE Peer Reviewer for DNAPL and Mixed Waste Research funded by DOE (on-going). Key Projects Municipal Water Supply Development. Project director on a number of large ground water supplies. Sites included Atlantic City, NJ (13 mgd); Berks County, PA (0.5mgd); Hackettstown, NJ (1.2 mgd). Projects involved siting, water development, monitoring, modeling and permit application. Airport Environmental Survey, City of Philadelphia, Division of Aviation, Philadelphia International Airport, Pennsylvania -- Project Director. Initiated this fast-track $270 million airport expansion environmental survey. Project involved detailed quantitation of hazardous wastes and groundwater conditions in a sole-source aquifer area. Site Investigations, PCB Advisory Committee of the Hudson River, New York State Department of Environmental Conservation (NYSDEC), New York -- Project Manager. Led a team that studied soils and groundwater potentially contaminated by polychlorinated biphenyls (PCBs) at 13 dredge spoil disposal sites in the Hudson River and Adirondack Mountain areas. All site investigations were completed on-time under harsh weather conditions in January through March. Objective was to Page 2 of 9 REV owzow -WALTER M. LEIS, P.G. Senior Hydrogeologist CURRICULUM VITAE develop remediation options to clean up groundwater and desorb soils. Project involved six 3-person field teams and had a value of $1.5 million. Natural Resource Damage Assessment - Evaluated natural resources damage associated with a potential problem of heavy metals in ground water. Reported to the trustees of Cape May County, NJ, concerning the value of damage to non drinking water aquifers (recharge potential, agricultural irrigation, etc.) Siting, Design, and RCRA Part B Applications, Various Locations, Multiple Clients, Project/Technical Director. Directed teams responsible for siting, design, and RCRA Part B Appli- cations for two U.S. Department of Energy (U.S. DOE) sites and ten commercial RCRA facilities. Contaminant Isolation Systems, Various Locations, Advisor to Ministry of the Environment, Ontario, Canada. Designed extraction wells and hydrogeologic isolation systems for groundwater contaminated with organic solvents in Ontario and Quebec, Canada. Containment Isolation System, Power Generation Station, N.C. Horizontal Drainage Gallery installed for a leaking 25 acre wastewater lagoon. Industrial Waste Disposal Research, Montana, North Carolina and Tennessee, for the Edison Electric Institute. Completed a major high-volume waste disposal and groundwater effects project for Edison Electric Institute. Mr. Leis' report was instrumental in having high volume wastes declared non-hazardous, saving the electric power industry 10's of millions of dollars in waste disposal costs. Municipal Solid Waste (MSW) / Residual Landfills, Various Locations, Multiple Clients, Project Manager/Director. Siting, design, and permitting of eight MSW and residual waste landfills for six industrial and two municipal clients in New Jersey, Pennsylvania and Maryland. Residual Waste Landfill Siting, Various Locations, confidential Pulp and Paper Client, Project Manger and Senior Project Scientist. Project involved initial site screening of more than 30 candidate sites, the selection of one site, and directing hydrogeologic, soils and geotechnical surveys for design of a residual waste landfill facility. Directed permit design and closure. Residual Waste and Sludge Landfill Permitting, Confidential Client, Pennsylvania, Project Director. Directed the first Phase I and Phase II permitting of a 700-TPD paper mill residual waste landfill under the 1994 Pennsylvania Residual Waste Regulations. Determination of Migration of Radionuclides in Groundwater, Senior Hydrogeologist. Selected and directed a team of geoscientists to investigate radionuclide migration at 26 abandoned Uranium Mill Tailings piles located in 7 western states. Developed geophysical testing and rapid field testing techniques to assess plume configuration. U. S. Department of Energy National Laboratories, Chief Peer Reviewer, Hydrogeology. Provided peer review and project direction recommendations for site characterizations being conducted at U. S. Department of Energy National Laboratories (Oak Ridge, TN; Rocky Flats, CO; Los Alamos, Page 3 of 9 REV 06/2004 WAL TER M. LEIS, P. G. CURRICULUM VITAE Senior Hydrogeologist NM;, Sandia, NM; and Fernald, OH). These sites were characterized as having plumes of mixed wastes in groundwater, including radionuclides, solvents, anions and heavy metals. Stabilization and Closure of a 30-Acre Industrial Waste Landfill, Confidential Client, Pennsylvania, Project Director. Directed landfill closure permitting, hydrogeologic and soil investigations, and screening and selection of closure and capping options. Directed design, permitting, and construction management of a mill waste transfer facility to handle the waste during and after closure of the plant landfill. Remediation Monitoring and Modeling, Manhattan Project Sites, Chief Scientist. Assembled multidisciplinary team to investigate groundwater and soil contamination from radionuclides and related chemicals associated with two former Manhattan Project Sites (Canonsburg, PA, and St. Louis Airport, MO). Mineable Reserve Evaluations, Various Locations, Confidential Clients, Project Manager. Conducted evaluations of mineable reserves and the potential for subsidence, for coal and non coal de- posits, as well as evaluations of mine reclamation, and on-going monitoring. Raney Well Collection Galleries - Provided feasibility & initial design for horizontal collection systems for potable water system in Limestone Formation for Bald Eagle Water Company, Tyrone, PA. Design and Closure of 12 Industrial Sludge Lagoons, Confidential Client, Pennsylvania, Project Director. Directed engineering evaluations of bridging, filling, regrading, and top covering the closed lagoons using a mixture of paper mill sludge, fly ash and soil. An area totaling 109 acres is being reclaimed and converted into a wildlife preserve. Groundwater Contamination, Various Locations, Confidential Client, Project Director. Responsible for definition of groundwater contamination from sanitary landfill leachate and industrial chlorinated solvents. Developed systems for recovery of contaminants to protect heavily used aquifers in numerous states. Hydrogeologic Isolation Systems in Fractured Rock and Karst Areas, Confidential Clients, Illinois, Maryland, Ohio, Pennsylvania and Virginia, Project Director. Responsible for design and construction of hydrogeologic isolation and remediation systems for various chlorinated and non- chlorinated solvents migrating in groundwater away from municipal solid waste disposal facilities. Designed & construction oversight for gallery wells, horizontal wells and slant drill wells. Groundwater Collection Systems, Confidential Client, Delaware and Pennsylvania, Project Director. Design and operational supervision of chemical and physical rehabilitation of groundwater collection systems in fractured rock and coastal plain areas. Environmental Fate Projects, Colorado, Nevada and Ohio, Project Director. Directed three projects for the determination of environmental fate and effect of, and for the remediation of groundwater aquifers containing, PCBs, furans, dioxins, and a-, P-, y-BHC, and tritium. Page 4 or9 REV 06/2094 .WALTER M. LEIS, P. G. CURRICULUM VITAE Senior Hydrogeologist Remediation of Explosives, Various Locations, Multiple Clients, Principal Investigator. Technical leader for six projects involving the evaluation and remediation of explosives compounds in groundwater from U.S. Army and U.S. Navy operations in IL, MD, TN and W. Subsurface Migration of Polychlorinated Biphenyls (PCBs), Various Locations, Confidential Governmental Client, Principal Investigator. Conducted nine projects involving subsurface mi- gration of PCBs in New York, New Jersey, Pennsylvania and Oklahoma. Field Design Studies, Various Locations, Confidential Client. Initiated and directed field design studies for artificial recharge and waste disposal wells in DE, CA, CO, FL and OH. Groundwater Recovery Projects, Petroleum Releases. Represented a number of multinational oil companies to develop upset remediation costs for alternate groundwater remediation strategies. Project involved groundwater contaminated with petroleum hydrocarbons in sixteen states, Taiwan, and karst areas of Italy. Evaluation of Groundwater Effects, Various Locations, Edison Electric Institute, Project Director. Directed eight projects for evaluation of groundwater effects and attenuation of leachates from coal ash and flue gas desulfurization waste disposal areas. Projects in fractured rock and karst areas of southeaster United States. Geochemical Evaluation of Coal Mine Pools, Various Locations, Confidential Client, Project Manager. Conducted research at nine coal mine pool sites in MT, OH, PA and WV. Subsurface Migration of Contaminants, U.S. EPA, Principal Investigator. Conducted research for the U.S. EPA into the geochemistry of subsurface migration of various toxic organic substances, agricultural chemicals, radionuclides, and heavy metals. Migration of Volatile Chlorinated Hydrocarbons, Various Locations, Multiple Clients, Principal Investigator/Expert Witness. Over 200 projects involving migration of volatile chlorinated hydrocarbons in groundwater. Projects involve groundwater characterization and remediation design, project sites in fractured rock, karst terrains, and unconsolidated formations several included representation of remedial plans in court and in arbitration. Remediation of DNAPLs, Peer Reviewer. Peer Reviewer for DOE funded research regarding DNAPL remediation in low permeability media and fractured rock. Fate and Degradation of Agricultural Chemicals, Various Locations, Multiple Clients, Principal Investigator. Project Director for twelve projects involving fate and degradation of agricultural chemicals in soil and groundwater, for E. I. DuPont, Chevron Chemical, Shell Chemical and Texaco. Geophysical / Remote Sensing Assessments, Various Locations in the U.S., Project Director. Designed geophysical and remote sensing assessments of various hazardous waste disposal areas, including organic chemical and radionuclide disposal sites. Page 5 or 9 REV 06/2004 .WAL TER M. LEIS, P. G. CURRICULUM VITAE Senior Hydrogeologist Wetlands Restoration, Confidential Paper Mill, New Jersey, Project Manager. Studies and designs for wetlands restorations were accomplished and approved by regulatory agencies and U.S. Army Corps of Engineers within 12 months. Hydrogeologic Investigations, Confidential Paper Mill, Project Director. Conducted hydrogeologic investigations to augmented a water supply by +5 mgd at a paper mill planning to expand its production of recycled paper products. The augmented supply used ground water management and enhanced groundwater withdrawal techniques. Expert Witness Successfully represented the City of Dublin and Dublin County, Ireland, for site remediation for chlorinated solvents at the Gavin's "Dump" in County Kildare; Successfully represented U.S. EPA in a highly publicized case (United States v. R. Burns) in which a waste hauler willfully deposited toxic chemicals along 200 miles of North Carolina highways. Case included environmental effects of PCBs at the storage center; Successfully represented New Castle County, Delaware, in a case involving alleged organic contamination from an old landfill; Successfully represented New Castle County, Delaware, in developing upset cleanup costs for insurance coverage of environmental damages resulting from groundwater contamination by organics. Testimony was quoted in the written decision by the 3rd U. S. District Court; Successfully represented Cape May County in adjudicatory hearings regarding a groundwater source and use dispute. Represented U. S. Department of Energy in a fact-finding mission for testimony before the U.S. Congress, regarding groundwater migration of radionuclides in Canonsburg, PA. Represented Sears Roebuck & Co. for a reduction of participatory liability at a N.J. Superfund site settled favorably on behalf of Sears. Represented two industrial clients in - a successful insurance claim for costs associated with groundwater cleanup of organic chemicals for Lone Pine Landfill, Monmouth County, NJ. Evaluated applications & costs of horizontal drainage galleries by trenchless technology; Represented Aerojet General, Inc., in a successful defense in a class action suit regarding alleged contamination by chlorinated solvents and mixed wastes consisting of chlorinated solvents and radionuclides; Represented Moen Industries in environmental arbitration involving solvent contamination at six industrial sites acquired by American Brands, Inc. Developed upset remediation costs, together with a Weston colleague, and presented them in testimony. Moen's costs were indemnified by the independent Arbitration panel; Page 6 of 9 REV 0612004 -WALTER M. LEIS, P. G. Senior Hydrogeologist CURRICULUM VITAE Represented Santa Fe Railroad in a class action claim for groundwater damages resulting from migration of tritium, other radionuclides, and chlorinated solvents. Santa Fe was dismissed by the court based upon the compelling data; Represented National Cash Register, Inc., Potomac Electric, and Maryland National Bank in environmental liability claims involving contamination from old landfills in Maryland, Ohio, Virginia, and Delaware. Settled before trial; Represented Browning Ferris Industries and two other confidential clients in rate hearings before the New Jersey State Utility Commission and in environmental arbitration hearings; Represented Uniform Tubes, Inc., in a successful insurance claim resulting from groundwater contamination by a broad spectrum of chlorinated solvents. Settled at initiation of trial; Represented a large chemical manufacturing company in an insurance claim for original disposal of chlorinated and non-chlorinated solvents at a Superfund site. Settled before trial; Represented an insurance company against a claim for environmental damage dealing with intentional discharges of chlorinated solvents into soils; Represented Lever Brothers in an environmental insurance recovery claim regarding groundwater contamination by organic solvents at 26 sites. Lever Brothers had Potentially Responsible Party (PRp) status in the action. Settled after filing of expert reports; Represented AMP, Inc. in an environmental insurance recovery claim for the M/A-COM Inc. site in New Brunswick, NJ. Opinion limited to reasonableness of costs incurred. Settled before trial. Represented CPC/Bestfoods in an environmental insurance recovery claim for 3 plant sites in Northeast U.S. Opinions included contamination history, reasonableness and timeliness of remediation and standards of industrial practice. Settled prior to trial. Publications Leis W. and K.R. Phillipp, 2000, "Tree Rings as Passive Witnesses to Environmental Contamination." American Academy of Forensic Sciences (chapter for Environmental forensics - in preparation). Haupt, R., Leis, W., Schwartz, F., 2000, "Viscous Barrier Technology the Technical Background:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 1998 ASME Peer Review Series. Abbot, E., Ballard, J., Bollag, J.M., Baolin, D., Gillespie, G., Gould, J., Keney, J., Leis, W., Nielson, K., Raghavan, R., Reith, C., Sivavec, T., 1999, "DNAPL Remediation in Low Permeability Soils:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 1998 ASME Peer Review Series. P128-136. Page 7 of 9 REV 06/2004 .WALTER M. LEIS, P. G. CURRICULUM VITAE Senior Hydrogeologist Haupt, R., Leis, W., Schwartz, F., 2000, "Viscous Barrier Technology Emplacement by Lance Injection:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 1998 ASME Peer Review Series,. Leis, W., 1998, "Forensic Evidence of Ground Water Contamination Migration: Use of Tree-Rings Geophysics and Other Direct Evidence", American Academy of Forensic Science, 21St Annual Conference. Leis, W., 1994, "Groundwater Remediation by Vertical Extension of Unlined Landfills" (Abstract): Solid Waste Association of North America, Annual Meeting Conference. Leis, W., R. Scheinfeld, R. Ross, and R. Molle, 1994, "Environmental Studies for a Runway Siting:" (Abstract): Association of Engineering Sciences, 1995 Annual Meeting. Bopp, F., and W. Leis, 1993, "Groundwater Contamination - Prevention Still the Best Medicine:" WATER Engineering and Management, 3 p. Leis, W., and F. Bopp, 1993, "Remote Sensing of Soil and Groundwater Contamination:" Instrumentation and Control Systems, 4 pp. Cornuet, T., K. Hansen, and W. Leis, 1991, "Optimization of a Groundwater Recovery System" (Abstract): American Assoc. Groundwater Scientists & Engineers XIII Annual Symposium. Preslo, L., and W. Leis, 1987, "Site Screening Techniques" (Abstract): Association of Engineering Geologists Annual Meeting. Leis, W., 1986, "The Use of Non-Invasive Site Screening Techniques for Assessment of Hazardous Waste Sites:" Association of Engineering Geologists News, p. 12-16. Leis, W., 1984, "Contamination of Groundwater, An Assessment of the Problem:" Pennsylvania Bar Institute Symposium on Groundwater Contamination (Abstract). Leis, W., and A. Hatheway, 1983, "Geological Characterization of Hazardous Waste Sites" (Abstract): Association of Engineering Geologists Annual Meeting. Sheedy, K., and W. Leis, 1983, "Hydrogeological Assessment in Karst Environments" (Chapter) in Applied GeomoWholozv, Reinhold Publishers. Leis, W., and K. Sheedy, 1980, "Geophysical Location of Abandoned Waste Disposal Sites:" 1980 National Conference on Management of Uncontrolled Hazardous Waste Sites. Leis, W., and A. Metry, 1980, "Multimedia Pathways of Contaminant Migration:" Water Pollution Control Federation, 1980 Annual Meeting. Leis, W., and A. Metry, 1979, "Field Characterization of Leachate Quality:" Water Pollution Control Federation, 1979 Annual Meeting. Page 8 of 9 Rev osaow WA L TER M. LEIS, P.G. CURRICULUM VITAE Senior Hydrogeologist Leis, W., 1979, "Subsurface Reclamation by Counter Pumping Systems: Geologic and Geotechnical Aspects of Land Reclamation:" ASCE/AEG 1979 Symposium. Thomas, A., and W. Leis, 1979, "Physical and Chemical Rehabilitation of Contaminant Recovery Wells:" Association of Engineering Geologists 1978 Annual Meeting. Leis, W., and W. F. Beers, 1979, "Soil Isotherm Studies to Predict PCB Migration within Groundwater" (Abstract): ASTM 1979 Annual Meeting, Philadelphia, PA. Leis, W., W. F. Beers, and F. Benenati, 1979, "Migration of PCBs from Landfills and Dredge Disposal Sites in the Upper Hudson River Valley:" New York Academy of Science Symposium on PCBs in the Hudson River. Leis, W., R. D. Moose, and W. F. Beers, 1978, "Critical Area Maps, a Regional Assessment for Karst Topography:" Association of Engineering Geologists 1978 Annual Meeting. Leis, W., W. F. Beers, J. M. Davidson, and G. D. Knowles, 1978, "Migration of PCBs by Groundwater Transport -- A Case Study of Twelve Landfills and Dredge Disposal Sites on the Upper Hudson Valley, New York:" Proceedings of the 1st Annual Conference of Applied Research and Practice on Municipal and Industrial Waste. Leis, W., D. R. Clark, and A. Thomas, 1976, "Control Program for Leachate Affecting a Multiple Aquifer System, Army Creek Landfill, New Castle County, Delaware:" National Conference on Management and Disposal of Residue on Land. Leis, W., 1976, "Artificial Recharge for Coastal Sussex County, Delaware:" University of Delaware Press, Water Resources Center, 126 p. Leis, W., and R. R. Jordan, 1974, "Geologic Control of Groundwater Movement in a Portion of the Delaware Piedmont:" OWRR - DEL 20, p.50. Page 9 of 9 Rev 06/2001 EXHIBIT B PORTION OF DAWOOD ENGINEERING PLAN SHOWING PRE- DEVELOPED SINKHOLES/DEPRESSIONS AND DRAINAGE AREA 2 BOUNDARIES G/ 1; I,; til Gi T c ?ry+ i O G • Cl) ` ?.'\ G O ?' 41y L tip it lit cu .0 R IV 9 i \ m c? N U c d j1 8' \` t` v C ?J cu + .t i CU L- _jI L ? f 7I a j I _? i OUP7 ? ? ' ? ! - -,'a ? to ?? ?'p; . L , / -- -- ! .\-. - ?,;?; EXHIBIT C STORMWATER CALCULATIONS M t i Curve Number Calculations Unoff Cu'r've Numbee,Calculati ubbasin`'2 = Pre=develo- edCo and Use Soil Grou CN meadow B 58 meadow C 71 Total 59 Land Use Soil G Grass, ood C Grass, ood p crops, C&C, C crops, C&C. D Im ervious C Imp ervious D Total D 74 80 9-1- d5 98 98 82 19.49 2.00 21.49 Area (aC. 31.6348 5.1974 18.36547 2.00 16.7449 0.80261 74.75 Area 0.7 ).3 42.32 6.95 24.57 2.68 22.40 1.07 100 1 .1 A Time of Concentration Calculations I 4. // X Peak Runoff Calculations t'eaK?KUnOff.'C21CUIati0ilS r.^r? - ,?t.; St bbasin'2'= Pre=develo ed?Condition-, = .. . Rossmiller E uation Runoff Coefficient . CN 59 Slope (%) 1.67 Impervious Area 0 Tc (min) 19.91 . Frequency (yr) G, (Rossmiller) ; Intensity-jin/hr) 1 0.11 2 2 0.11 2.35 5 0.12 2.7 10 0.13 3.15 25 0.14 3.5 50 0.15 3.95 100 n l - Peak Runbff Calculations', Subbasin 2 Post=develo ed :Condition Rossmiller Equation Runoff Coefficient C N 82 Slope (%) 1.5 Impervious Area 0.2348 Tc (min) 17 27 Freauency (vr), ., .; , r rra 21.49 4.54 21.49 5.70 21.49 6.15 21.49 7.61 21.49 10.64 21.49 12.93 21.49 16.01 2 u.Ju 2.14 74.745 48.13 5 0.32 2.52 74.745 59.54 10 0.34 2.99 74.745 75.31 25 0.36 3.47 74.745 92.17 50 0.38 3.85 74.745 108.64 00 0.40 4.23 74.745 125.40 0.42 4.7 74.745 146.89 y 1I .V SUMMARY OF INCREASES IN STORMWATER FLOWS Overestimation of Predeveloped Flow Cumulative Increase in Flows Caused by Development Drainage Area = 74.74 acres Drainage Area = 21.49 acres Underestimation of Postdeveloped Flow VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preprration of this action. We have head the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. THOMAS R. BE Y -10 ANN E. BENJEY Date: 5 .. i • f THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 6805 CIVIL TERM CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Karl M. Ledebohm, Esq. Richard P. Mislitsky, Esq. 1 West High Street Suite 208 Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus A. Mc ight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: )L , G:MMcKn0VCh--'B-jey/S0uth Middleton Complemt 7 n ,?? ?_ _-_ z_:? r_,_ .- , y._ Gi`ti (.s ? ?..: O -n _.? T --n r, • _- _. r? ` ?_ C.? ,,: C i .t? _._ ?# `;?. .+? THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs vs. SOUTH MIDDLETON TOWNSHIP: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 05-6805 EQUITY IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this " day of June, 2006, a brief argument on the within motion to compel is set for Thursday, July 6, 2006, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Aarcus A. McKnight III, Esquire For the Plaintiffs ?ICarl M. Ledebohm, Esquire Richard P. Mislitsky, Esquire For the Defendant Arn OA9'?bV 7F THE PY rr THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLYVANIA No. 2005-6805 CIVIL TERM V. SOUTH MIDDLETON TOWNSHIP, Defendant CIVIL ACTION - IN EQUITY Answer to Motion to Compel AND NOW comes the Defendant, South Middleton Township (hereinafter "SMT' ), by and through its solicitor, Richard P. Mislitsky, Esquire, in response to Plaintiffs' Motion to Compel as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, the Plaintiffs had not yet filed a Complaint. Defendant was served with the Complaint on June 9, 2006. 4. Admitted. By way of further answer, the Plaintiffs had not yet filed a Complaint. Defendant was served with the Complaint on June 9, 2006. Plaintiffs were not entitled to discovery responses without filing a Complaint, or without an Order of Court. 5. Admitted. 6. No response is required pursuant to the Pennsylvania Rules of Civil Procedure. 7. No response is required pursuant to the Pennsylvania Rules of Civil Procedure. Date: / lok Supreme Court ID #28123 1 West High Street, Suite 208 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSLYVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Certificate of Service I hereby certify that a copy of the Answer of Motion to Compel has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Date: 3Q Ju 1),o o)oo6 f pr Richard P. Mislitsky, Esquire upreme Court ID #28123 West High Street, Suite 208 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant C l ci :u THOMAS R. BENJEY and IN THE COURT OF COMMON PLEAS O ANN E. BENJEY, his wife, F Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - EQUITY NO. 05-6805 EQUITY SOUTH MIDDLETON TOWNSHIP: Defendant ORDER AND NOW, this & ` day of July, 2006, following conference with counsel in chambers, the motion of the plaintiffs to compel discovery is GRANTED and the defendant is directed to respond to outstanding requests for discovery of documents within forty-five (45) days. The plaintiffs are also authorized to notice depositions. This order is entered prejudice to the defendant to lodge any and all appropriate objections without ions including a motion for protective order. This order is entered with the understanding that a motion may be filed to consolidate this action with another action in which the developers are a party in an attempt to resolve the question of whether there has been a failure to join an indispensable party m the captioned action. BY THE COURT, arcus A. McKnight III, Esquire For the Plaintiffs Karl M. Ledebohm, Esquire 'chard P. Mislitsky, Esquire For the Defendant IN RE: PLAINTIFFS' MOTION TO COMPEL V Kevin . Hess, J. ?n o`p 99 ?,? ? ,, ,, ?? 7 ? _i(t I.r{rte ? i , _, i. . A THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 6805 CIVIL TERM SOUTH MIDDLETON TOWNSHIP, CIVIL ACTION - EQUITY Defendant PETITION FOR CONSOLIDATION OF ACTIONS PURSUANT TO PA RULE OF CIVIL PROCEDURE 213 AND NOW, this 4th day of August 2006, comes the Plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY, by their attorneys, Irwin & McKnight, and makes the following Petition to Consolidate this action with the action by the Plaintiffs filed at 2003-5863: 1. The Petitioners, Thomas R. Benjey and Ann E. Benjey, are adult individuals residing at 546 East Springville Road, South Middleton Township, Carlisle, Pennsylvania 17013. 2. The Defendant, South Middleton Township, is a second class township situate in Cumberland County in which the Plaintiffs reside. 3. There is also pending in the Court of Common Pleas an equity action, Thomas R. Benjey and Ann E. Benjey, his wife, v. Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl and Genevieve A. Diehl, at 2005-5863. Both actions involve stormwater discharged onto the Plaintiffs' property from a subdivision known as Netherby developed by the Diehls as approved by South Middleton Township. 2 4. A consolidation of these two actions will not prejudice any substantial right of any party to the actions and will be desirable since all the defendants are essential parties to any remedy formulated to resolve the problem by the Court in Equity. WHEREFORE, the Plaintiffs, Thomas R. Benjey and Ann E. Benjey, request that this Court consolidate the equity action filed at 2005-6805 with 2005-5863 Pursuant to Pa. Rule of Civil Procedure 213. Date: 4/"- 2006 Respectfully submitted, IRWIN & McKNIGHT By: Mar A. McKnight, III quire 60 st PLennsylvania fret Street Carlisl , 17013 (717) 249- Supreme Court I. . Attorney for plaintiffs, Thomas and Ann Benjey 3 THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, . Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 6805 CIVIL TERM SOUTH MIDDLETON TOWNSHIP, CIVIL ACTION - EQUITY Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard P. Mislitsky, Esq. Robert Saidis, Esq. 1 West High Street Saidis Flower & Lindsay P. O. Box 1290 26 West High Street Carlisle, PA 17013 Carlisle, PA 17013 IRWIN & McNMGHT By: Marcus . McKnigh II, Esquire 60 West omfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 4, 2006 4 RECEIVED AUG 0 4 2006 ?i THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 6805 CIVIL TERM SOUTH MIDDLETON TOWNSHIP, CIVIL ACTION - EQUITY Defendant ORDER FOR RULE TO SHOW CAUSE AND NOW, this Z th day of August, 2006, a Rule is granted to show cause why this action and the action of Thomas R. Benjey and Ann E. Benjey, his wife, v. Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl and Genevieve A. Diehl, at 2005-5863 in the Court of Common Pleas of Cumberland County should not be consolidated. RULE RETURNABLE at a46wiirgset for / 2006, at I 60 m. in Courtroom #4, 4`h Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: A. Hess, Judge O?. OF rr ,aor4RY 1116 AVG -8 All 9: 53 CUM86?, ti PENS Vd, ?h1TY i THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs SOUTH MIDDLETON TOWNSHIP, Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Response of South Middleton Township To Petition for Consolidation AND NOW comes the Defendant, South Middleton Township (hereinafter "SMT ), by and through its solicitor, Richard P. Mislitsky, Esquire, and responds to Plaintiffs' Petition for Consolidation as follows: 1-4. SMT concurs with the request to consolidate this action with the action of Thomas R. Benjey and Ann E. Benjey, his wife, v. Donald E. Diehl, et al (hereinafter "Diehls'), 2005-5863. SMT believes and therefore avers that the Diehls are indispensable patties without whom this matter cannot be properly adjudicated. WHEREFORE, South Middleton Township concurs with the consolidation and prays this Honorable Court to grant the Petition. Date: $'1l6 01 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant Luvaai4lu L . L?LIJLI WL\?, LJltµllV Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs SOUTH MIDDLETON TOWNSHIP, Defendant V. V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL, AND GENEVIEVE A. DIEHL Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Certificate of Service I hereby certify that a copy of the Response of South Middleton Township to Petition for Consolidation has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Robert C. Saidis, Esquire Saidis, Flower & Lindsay 26 1 "High Street C lisl PA 17W3 Date: I7 Agks? 2006 Q ?or Richard P. Mislitsky; Esquire upreme Court ID #28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant Q m? ? ?? , _ c? i . F . ? _ a h'c_:: ,, ?? , o 7':: p 3 ??` ? .... ? THOMAS R. BENJEY and IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs /NIO. VIL ACTION - EQUITY vs. 05-6805 EQUITY SOUTH MIDDLETON TOWNSHIP: Defendant THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs VS. DONALD E. DIEHL, SUZANNE : DIEHL, RAYMOND E. DIEHL and : GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 05-5863 EQUITY IN RE: PETITION FOR JOINDER ORDER AND NOW, this S ' day of September, 2006, action on the petition of the plaintiffs for the joinder of the above-captioned matters is DEFERRED pending ruling on the preliminary objections of the defendants filed to No. 2005-5863. BY THE COURT, Hess, J. Marcus A. McKnight III, Esquire For the Plaintiffs Richard P. Mislitsky, Esquire -6^ 8 6, - " I -Y?? Thomas Flower, Esquire JqS For the Defendants THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-6805 CIVIL TERM : CIVIL ACTION - IN EQUITY Petition for Compulsory Joinder Pursuant to Pa.R.C.P. No. 2227 AND NOW comes South Middleton Township (hereinafter "SMT") by and through its solicitor, Richard P. Mislitsky, Esquire, and prays this Honorable Court for Joinder of a party not presently in this litigation in the above-captioned matter and in support thereof avers as follows: 1. South Middleton Township is a municipal corporation, a township of the second class, incorporated pursuant to the laws of the Commonwealth of Pennsylvania, maintaining an address at 520 Park Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The parties sought to be joined are Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl, and Genevieve A. Diehl, who are owners of the land development known as Netherby. 3. Netherby is a land development currently in progress, situated along Lindsey Road, in South Middleton Township, Cumberland County, Pennsylvania. 4. Donald E. Diehl and Suzanne Diehl are adult individuals residing at 110 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 5. Raymond E. Diehl and Genevieve A. Diehl are adult individuals residing at 315 Myers Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 6. On or about June 6, 2006, a Complaint in Equity (hereinafter "Benjey Complaint") was filed against SMT by Thomas R. Benjey and Ann E. Benjey, his wife. A copy of the Complaint in Equity is attached hereto and marked Exhibit A. 7. On or about November 10, 2005, Thomas R. Benjey and Ann E. Benjey filed an identical Complaint in Equity against Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl, and Genevieve A. Diehl (hereinafter "Diehls"). A copy of the Diehl Complaint is attached hereto and marked as Exhibit B. 8. The Benjey Complaint and the Diehl Complaint are not only identical in their averments but also in the relief requested. 9. In response to the Complaint in Equity against the Diehls, Preliminary Objections have been filed and remain outstanding although oral argument has been requested before the Honorable Kevin A. Hess. 10. In response to the Complaint filed against SMT, an Answer and New Matter are being contemporaneously filed. A copy of the Answer and New Matter is attached hereto, marked as Exhibit C, and incorporated by reference thereto as though same were fully set forth herein at length. 11. Counsel for the Benjeys filed a Petition for Consolidation the two actions on August 4, 2006. 12. Oral argument on the Petition for Consolidation was held on September 1, 2006 before the Honorable Kevin A. Hess. 13. Subsequent to oral argument, Judge Hess issued an Order dated September 5, 2006 which delayed decision on consolidation until the Preliminary Objections in Benjey v. Diehl were decided. 14. The underlying dispute arises from a subdivision/land development plan submitted by the Diehls and known as Netherby. Included in the subdivision/land development plan are plans for the maintenance and control of storm water runoff. 15. On April 17, 2000, the Diehls, by and through their professional consultants, submitted a subdivision/land development plan to SMT. The Plan was originally identified as "Ashton" and later re-named "Netherby." 16. The Diehls represented to SMT that the storm water management plan, as well as all other details of the plan, was designed by licensed professionals, properly engineered, and accurate and adequate to control storm water runoff. 17. Subsequent to plan approval by SMT and construction of Phase 1 of the Netherby development, a property owner other than the Plaintiffs complained to SMT that the Diehls' storm water management plan was causing excessive storm water runoff and land erosion. 18. As a result of the complaints made by the other property owner, SMT ordered further construction to cease until the storm water runoff problem was corrected. 19. Subsequent to the complaints made by the other property owner, Plaintiffs herein made the same complaint to SMT as the other property owner. 20. Subsequent to the cessation of construction ordered by SMT, the Diehls, by and through their professional engineers, advised SMT that the problem(s) causing excessive storm water runoff was identified and corrected. 21. Thereafter, Plaintiffs submitted an engineering report dated July 1, 2005 (Exhibit "A" of Plaintiffs Complaint(s) in Equity). 22. Both the Diehls' engineers and the Benjeys' engineers have by affixing their seals among other representations certified the accuracy of their conclusions and representations. 23. In or about May 2006, the other property owner referred to in paragraphs 17 and 19 advised SMT that the dispute with the Diehls had been resolved. 24. At or about the same time, the Diehls, by and through their attorney, Robert Saidis, Esquire, filed a request to continue construction of Netherby. 25. The Diehls have represented to SMT that if SMT continues to prevent construction of the Netherby development, suit will be filed to permit construction and seek damages from SMT. 26. It is affirmatively averred that SMT does not have the ability, expertise, or knowledge to resolve the dispute over the Netherby storm water management plan in that Plaintiffs herein and the Diehls maintain opposite positions, which positions are supported by technical expertise not available to SMT. 27. It is affirmatively averred that SMT is in the middle of a private dispute and faces litigation regardless of what decision is made and is without the expertise to resolve the private dispute. 28. It is affirmatively averred that whatever equitable relief, if any, this Honorable Court deems appropriate in the Benjey Complaint against SMT cannot be fashioned without the presence of the Diehls in this litigation. 29. It is affirmatively averred that the Diehls are persons having a joint interest in the subject matter of the Benjey action and must be joined pursuant to Pa.R.C.P. No. 2227. 30. The proposed third-party Complaint to be filed, if permitted, is attached hereto as Exhibit D. 31. Any delay in the joinder of the Diehls was the result of waiting for consolidation of both actions. 32. The Diehls have not been prejudiced in any manner. They are, in fact, defending the same action under a different caption. WHEREFORE, South Middleton Township prays this Honorable Court for permission to join the Diehls in equity action filed by the Benjeys against South Middleton Township. %. M454 MF Date: Richard P. Mislitsky, Esquire Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant Attorney's Verification I verify that, to the best of my knowledge and belief, the statements made in the foregoing Petition for Compulsory Joinder are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: ?? ! y 0 Richard P. Mislitsky, Esquire Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant Verification I verify that, to the best of my knowledge and belief, the statements made in the foregoing Petition for Compulsory Joinder are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: (eff outh Middleton Township THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Certificate of Service I hereby certify that a copy of the Petition for Compulsory Joinder has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Robert C. Saidis, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: / ? 0*?l job 6 Thomas E. Flower, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 F r Richard P. Mislitsky, Esquire S reme Court ID #28123 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant 9 RECEIVED JUN?92006 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 6805 CIVIL TERM SOUTH MIDDLETON TOWNSHIP, CIVIL ACTION - EQUITY Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 r ';n a DEFENDANT'S W EXHIBIT N J J Q 1 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 6805 CIVIL TERM CIVIL ACTION - EQUITY COMPLAINT IN EQUITY 41 P-- AND NOW, this ,! 5;V ay of May 2006, comes the Plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY, by their attorneys, Irwin & McKnight, and makes the following Complaint against the defendant, SOUTH MIDDLETON TOWNSHIP: The Plaintiffs,Thomas R. Benjey and Ann E. Benjey, are adult individuals residing at 546 East Springville Road, Carlisle, Pennsylvania 17013. 2. The Defendant, South Middleton Township, is a second class township, with an address of 520 Park Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Raymond E. Diehl, Genevieve A. Diehl, Donald E. Diehl and Suzanne Diehl have filed a subdivision and land development plan with South Middleton Township which is now known as the Netherby Development. 4. Said lands adjoin the property of the Plantiffs. 3 5. Pursuant to their plans, the developers submitted stormwater plans to manage the storm water created by the Netherby Development. 6. Beginning in 2004 and continuing in 2005, the Plaintiffs have experienced excessive stormwater on their lands with the alarming development of sinkholes on their land. 7. The Plaintiffs hired Liberty Environmental, Inc. to inspect the site and examine the stormwater plans and implementation of those plans by the Defendants with regard to the Netherby Development. 8. The experts, James P. Cinelli, P.E., and Walter M. Leis, P.G., on behalf of Liberty Environmental, Inc., have prepared a report, a copy of which is attached and marked as Exhitit "A" and is incorporated herein by reference and made a part of this Complaint. 9. The report finds serious deficiencies in the stormwater plans and implementation of those plans by the Defendants. 10. The report finds that the Netherby Development significantly adds to the stormwater directed onto the lands of the Plaintiffs, and finds that the sinkholes are caused by the excessive stormwater created by the Netherby project. 4 5. Pursuant to their plans, the developers submitted stormwater plans to manage the storm water created by the Netherby Development. 6. Beginning in 2004 and continuing in 2005 to the present, the Plaintiffs have experienced excessive stormwater on their lands with the alarming development of sinkholes on their land. 7. The Plaintiffs hired Liberty Environmental, Inc. to inspect the site and examine the stormwater plans and implementation of those plans by the Defendants with regard to the Netherby Development. 8. The experts, James P. Cinelli, P.E., and Walter M. Leis, P.G., on behalf of Liberty Environmental, Inc., have prepared a report, a copy of which is attached and marked as Exhibit "A" and is incorporated herein by reference and made a part of this Complaint. 9. The report finds serious deficiencies in the stormwater plans and implementation of those plans by the Defendants. 10. The report finds that the Netherby Development significantly adds to the stormwater directed onto the lands of the Plaintiffs, and finds that the sinkholes are caused by the excessive stonnwater created by the Netherby project. 4 11. The expert report also makes certain recommendations to correct the stormwater problems created by the Defendant's Netherby project. 12. The Plaintiffs seek the following relief: A. Injunctive relief by the Court which prohibits the Township from permitting the Netherby project from proceeding until its stormwater plan is updated and corrected and remedies applied to the lands of the Plaintiffs. B. That the Township or the Diehls be directed to install a new storm sewer line which conveys the stormwater flow beyond the Plaintiff's property. C. Take additional remedial actions or require the developers to take actions on the Netherby site to increase the amount of water detained on the property. D. Repair and correct any sinkholes or to direct the developer which has developed on the lands of the Plaintiffs and commit to repairing any new sinkholes which are created on the lands of the Plaintiffs. E. Reasonable expert costs and legal fees and expenses of the Plaintiffs for this action as well as time required to implement the above remedies. WHEREFORE, the Plaintiffs, Thomas R. Benjey and Ann E. Benjey, seek relief as set forth above in addition to any other remedies which the Court deems appropriate in this case. Respectfully submitted, By: , Pennsylvania U quire Carlisle 1 ? (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs, Date: , 2006 Thomas and Ann Benjey IRWIN & cKNIG T Marcus . McKni ht 60 West Pomfret St et 5 ffiIBIT A EXPERT REPORT for FLOODING AND SINKHOLE DEVELOPMENT at the THOMAS AND ANN BENJEY PROPERTY 546 EAST SPRINGVILLE ROAD SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA Prepared by: James P. Cinelli, P.E. and Walter M. Leis, P.G. Liberty Environmental, Inc. 10 N. 5T" Street, Suite 800 Reading, PA 19601 Liberty Project No. 050129 July 1, 2005 Expert Report for Flooding and Sinkhole Development at the Thomas and Ann Benjey Property 546 East Springville Road, South Middleton Township Cumberland County, Pennsylvania This report was prepared by Liberty Environmental, Inc. under the direct supervision of Mr. James P. Cinelli, P.E. and Mr. NValter M. Leis. P.G. The opinions expressed herein are based on a reasonable degree of scientific certainty. P. Cinelli. P.E. Date 7 / o? Date By affixing my seal to this document, 1 am certifi•ing that the information is true and correct. I further certifi I am licensed to practice in the Commonwealth of Pennsvlvania and that it is within my professional expertise to verify the correctness of the information. Principal Consultant Senior Hydrogeologist TABLE OF CONTENTS 1. INTRODUCTION .............................................................................................................1 2. PURPOSE AND SCOPE.. .................................................................................................4 3. SITE SETTING .................................................................................................................5 4. EVALUATION .'11ETHODOLOGIES AND FINDINGS ..............................................6 4.1 SITE INSPECTION ............................................................................. ...........6 4.2 TOWNSHIP ORDINANCE REVIEW ................................................................7 4.3 REVIEW OF REPORTS AND PLAN'S FOR NETHERBY SUBDIVISION ....9 4.3.1 Environmental Assessment Report ......................................................................9 4.3.2 Stormwater Management Report and Development Plans ................................ I 1 4.4 RUNOFF CALCULATIONS ....................................... 2 4.5 REVIEN? OF GEOLOGIC INIAPS ....................................................................15 5. OPINIONS .......................................................................................................................17 6. REFERENCES ................................................................................................................20 LIST OF FIGURES Figure 1 Recent Sinkholes on Benjey Property ...............................................................................3 Figure 2 PA Topographic and Geologic Survey Karst Map .......................................................... 16 LIST OF EXHIBITS Exhibit A: Curriculum Vitae Exhibit B: Portion of Dawood Engineering Plan Showing Pre-Developed Sinkholes/Depressions and Drainage Area-') Boundaries Exhibit C: Storm,vater Runoff Calculations ii 9. INTRODUCTION Liberty Environmental, Inc. (Liberty) was retained by Thomas and Ann Benjey to perform a • technical evaluation of flooding and sinkhole development problems that have been occurring on their property since the development of the "Netherby'' residential subdivision Further, Liberty was requested to determine if these problems and resulting damages were caused by the construction of the subdivision, and if the damages could have been avoided by the developer. The individuals conducting this evaluation were James P. Cinelli, P.E. and Walter M. Leis, P.G. The full curriculum vitae of Mr. Cinelli and Mr. Leis are presented at the end of this report in Exhibit A. Liberty's evaluation included a review of plans, maps, reports and calculations for the Benjey property and the Netherby subdivision. The findings of the evaluation, as v. ell as our opinions concerning the flooding and resulting damage, are detailed in this expert report. The opinions expressed herein are based on a reasonable degree of scientific certainty. The Benjey property is 14.6 acres in size, and is located at the located at the northwest corner of the intersection of Lindsey Road and East Springti-ille Road in South Middleton To'Amship, Cumberland County, Pennsylvania. The property has, since its first habitation, been primarily a residence with surrounding agricultural land. The property is situated immediately downgradient from the ?Netherby subdivision, which is a single-family residential development encompassing 58.6 acres. Phase I of the subdivision, which encompasses 10.2 acres, began to be constructed in September ?003. Consequent and coincident to the construction of the development, increased stormwater runoff has been observed on the Benjey property, resulting in flooding of portions of the property. Also, a series of sinkholes has developed on the Benjey property in a pattern that causes concern to the property and the residence situated thereon. The flooding and sinkhole development are a significant threats to safety and property, and thus require mitigation and long- term maintenance. The locations of the flooding and the most visible siiik-holes are shown in Figure I. The sinkholes, it must be stated. ,vere only activated after construction activity was begun on the Netherby development. The sinkholes located in Figure 1 Nvere confirmed in the field by a walkover inspection of the property by representatives of Liberty and Mr. Benjey. This walkover was conducted on June 1, 2005. There are also other areas on the Benjey property inhere sinkholes are being activated by subsurface drainage or runoff but are not yet open. The active sinkholes identified in Figure I opened between 2004 and 2005. It can be seen that these sinkholes are "walking" in a direction that points toward the Benjey residence and outbuildings. 1) Figure 1 Recent Sinkholes on Benjey Property ? Notes. _ :f?n? _'?._. ?+ , .•r;: { 2 ?rR? ` • ''` ! '-ter.' 1. Sinkholes 1-3 opened up in 2004 2. Sinkhole 4 opened in 2005 ' : • _ 1? -At - t '?a-ros R. ?r..• Ky ? ? ? ? ?? rw 1. S '3 pope ?bG .'t ??? ?J ! ?G 2 rtan Ica: 52 .y '4 13'f?om edge Of .: ? sewe ark .. 21 t 3. Lin 0-0. bcp- Apf r aropoa+C o?0+toteC .o !v, era!ir '• At, ' ! 9 , F •? ?i ?? ADOI Carlrin? f wcr 1r;?t. ?? -o r?,y,y,r `?? 1i mot=- -_..Y '6.. ? ? >LfM.9?7?...-- . ? +---6• pt( _:...{cc_ R? +1P ?Q°?` r r ` ; s i ' T 5 •/ 7 r-o W. c r? am ?4. / - I j{ in dsey Rood ws?. "? = ` IT! No Scale 1 l r i S r 2. PURPOSE AND SCOPE In order to prepare this report, Liberty conducted research and field inspection activities to determine the followine: ¦ What is the cause of the flooding that has been observed on the Benjey property since the construction of the Netherby subdivision? ¦ What is the cause of the sinkhole development that has been observed on the Benjey property since the construction of the Netherby subdivision? ¦ What is the likelihood and possible magnitude of future flooding and sinkhole development on the Benjey property. What can be done to correct the existing flooding and sinkhole hazards on the Benjey property? Specifically, Liberty completed the following tasks: • A visual inspection of the Benjey property and Netherby subdivision. • A review of the drawines, reports and design calculations for the Netherby subdivision. • A review of South Middleton Township ordinances. • A review of publications regarding storm\vater runoff in karst areas. • A review of Veologic maps for the site area. • Preparation of an expert report documenting the findings of the inspection and research, and providing expert opinions addressing the questions listed above. The results of these tasks are detailed in the following sections of this report. 4 3. SITE SETTING The Benjey property is located at the northA*est corner of the intersection of Lindsey Road and East Springville Road in South Middleton Township. Cumberland County, Pennsylvania. The property is occupied by a t1o-story residence, a barn and several outbuildings. The residence and other structures are all located on the southeast corner of the property. The remainder of the property is primarily used for growing hay. DAI-o sanitary sewer easements intersect the property. The property is adjoined to the NN•est and north by the Netherby (formerly "Ashton") residential subdivision. The entire subdivision is to include 1 l 3 single-family residential lots. Phase I of the subdivision, which includes 16 lots. has been under construction since September 2003. At the time of the site investigations performed by Liberty, 11 homes were either constructed or under construction. Stormwater runoff from approximately 49 acres of the Netherby development discharges to the Benjey property. Approximately 47 acres discharges to a detention basin located along the east side of the development. The detention basin outflow first crosses a property oiNmed by George and Grace SteiQelman, and then flows onto the Benjey property. Approximately tu-o acres of the Netherby development, NN-hich includes lots 1 through 4, discharge directly to the Benjey property. The entire site area that encompasses the Netherby subdivision and the Benjey property is underlain by the Elbrook and Zullinger geological formations. The engineering characteristics of these formations are described by Geyer and Wilshusen as follows: • Elbrook Formation: "Light gray, finely laminated, siliceous limestone with interbeds of dolomite and chert ...Thorough investigations for sink=holes and pinnacle...surfaces should be undertaken." • Zullinger Formation: "Interbedded medium-gray limestone and dolomite. Thorough investization for solution cavities should be undertaken." 5 4, EVALUATION METHODOLOGIES AND FINDINGS The above-mentioned tasks were conducted by Messrs. Cinelli and Leis, or under their direction. The methodologies followed and the findings of the evaluation are presented in the following sections. 4.1 SITE INSPECTION On May 18, 2005, Mr. Cinelli performed a walkover inspection of the Benjey property. A second walkover inspection was conducted by both Mr. Cinelli and Mr. Leis on June 1, 2005. Significant observations from these site inspections were as follows: 1. Stormwater from the Netherby subdivision flows overland across the Benjey property until it meets an 18-inch diameter corrugated metal culvert that runs beneath East Springville Road. The culvert conveys stormwater floes from the Benjey property to a farmed property on the east side of East Springville Road. Grass in the low area on the Benjey property that adjoins the culvert was observed to be sparser than other grassed areas of the property. This is common in areas that experience water inundation. 2. Road widening was recently performed along Lindsey Road from its intersection with East Springzville Road to the Netherby subdivision. According to South Middleton Township officials, the road ,vas widened approximately two feet. 3. The June 1, 1005 walkover identified several large active sinkholes on the Benjey property. It could be seen from the root structures of plants growing near the active sinkholes that a number had opened up in the summer and fall of 2004 because stems and roots of last year's plants were the only plants exposed on the soil prisms that formed the sinks. Other, smaller sinkholes were observed to have opened more recently since plant stems and roots contained in the soil prisms were apparently from this current growing season. since the exposed roots and stems were actively grow-ing. «'hile conducting the sun•ev, Liberty located other potential new sink areas that, while showing the characteristic `ring" structures of cracks in the soil. have not yet opened up and dropped 6 from 2 to 7 feet, as seen in the others. Liberty advised Mr. Benjey not to walk or cross over any active or "incipient" sink zones. Many of these sinks were coincident with the recently installed seer connection line and residential development construction. No drawings or subsurface information was provided to determine whether any sinkhole zones were encountered during construction of the sewer line. 4. No sinkholes or depressions were observed in the Netherby subdivision during either walkover. 5. Roof drains from the houses on Lots 1 and 4 were obsen ed to discharge to subsurface infiltration trenches. 4.2 TOWNSHIP ORDINANCE REVIEW Liberty reviewed the following South Middleton Township ordinances: 1. Land Development Ordinance No. 1 of 2001, Article VII: Site Planning and Design Requirements (January 2001). 2. Land Development Ordinance No. 1 of 2001, Article X: Special stormwater Management Planning and Design Requirements (January 2001). Section 710 of the Site Planning and Design Requirements contains a number of requirements for stormwater management facilities on developed properties. The following paragraphs highlight specific sections of the ordinance and our responses to whether the design of stonnwater management facilities that Nvere designed for Netherby subdivision meet the requirements of the ordinance. ¦ Section 710.c.(3): "...Post-development drainage patterns shall simulate pre-development patterns." The direction of stornnvaier floN, does not change significantly between the pre- development and post-development conditions. Holl,ever, Drainage .Area 1, ii-hich floes tox'ard the natural depression in the rear of the Benjey, property (where sinkhole dei,elopment has been occurring), ivas reduced in si_e beni,een the pre-and post-developed conditions. Furthermore, h7 filtration devices that ii-ere installed at some of the homes in this 7 drainage area reduce the volume of stor1271-Vater• r-uno f as thev were designed to completely infiltrate the 2-year/24-hour design storm. Section 710.c.(4)(a): "Runoff Capture Design Storm - The net increase in the 2-yr/24-hour frequency storm shall be infiltrated through BMPs...In areas underlain by limestone, BMPs for infiltration shall be designed to simulate the natural infiltration rate on the site prior to development. Dn, wells and infiltration trenches shall be prohibited in limestone areas." Despite the ordinance's clear prohibition on the use of infiltration trenches in limestone areas, these were added to the developrlent's stornni-ater facility design as ei4denced by a fax from Dawood Associates to South Middleton Township dated.4pril 12, 1005. The use of infiltration trenches was observed at the constructed homes on Lots 1 and 4 during the walkthrough. ¦ Section 710.c.(4)(c)(i): "Permanent control measures/facilities shall be designed to assure that the maximum rate of stormNvater runoff is not greater after development than prior to development at all points of discharge from the subject site for design storms of 2, 5, 10, and 25-year return frequency storm events." The stormwater management facility design included an assessment of pre- and post-developed flow rates, and design of stormwater detention facilities aimed at reducing post-developed peak flow, rates to below the pre-developed80141 rates. Howe1Jer, as noted below in the review of the plans for.Netherby subdi0sion, the pre- developed drainage area was grossly overestimated because the loss of surface water to sinkholes andlor depressions was ignored. Section 710.c.(4)(c)(v): "Calculations of the post-development peak discharge shall assume that all areas being disturbed during construction will be reduced by one Hydrologic Soil Group category level (e.g. HaB is reduced to HaC, etc.)" As noted below in the review of reports for the ?1 erherby subdivision, this requirement tiaras not met in the development 's stormwater management plan. 8 4.3 REVIEW OF REPORTS AND PLANS FOR NETHERBY SUBDIVISION Liberty reviewed the following reports and plans for the Netherby (Ashton) subdivision: 1. Environmental Impact Assessment Report, Fisher MoNvery and Rosendale & Associates, Inc., April 2000. 2. Stormm-ater Management and Drainage Study and Erosion and Sedimentation Control Plan, Terry L. Fought, P.E., April 2000. 3. Proposed Grading/Utility Plan (Drawings 3 of 9 and 4 of 9), Dawood Engineering, Inc., April 24, 2003. 4. Inlet Drainage Area Maps, Da,,vood Engineering, Inc., December 20, 2002. 5. Erosion and Sedimentation Plan and Details, Dawood Engineering, Inc., December 20, 2 002. A brief summary of these 'documents and findings of our review of the documents are summarized in the sections below. 4.3.1 Environmental Assessment Report The Environmental Assessment (EA) was conducted in accordance with section 714 of the South Middleton Township Land Development Ordinance. As part of this Environmental Assessment, a geophysical contractor, Enviroscan, Inc., ivas contracted to, presumably, identify and locate potential geological hazards for the Netherby subdivision and, by inference from the ordinance, identify such impacts on the client propem7 and properties adjoining. The primary author of the Environmental Assessment was, further, required to identify potential impacts and propose mitigation or alternatives to mitigate the impacts. The EA was to answer specific questions regarding site conditions as they relate to environmental impacts. This EA was completed as a response to the ordinance requirements and, ,xhile it lists responses to each requirement of the ordinance, it is for the most part, silent concerning even the presence of karst features. We are in the following paragraphs highlighting specific sections of the EA. and our responses to xhether the EA contractor had provided the necessary detail concerning the required information or conclusions. 9 ¦ EA section 714.d (4). The requirement herein is for a detailed identification of the physical resources including a narrative of the qualitative and quantitative aspects of the resources mentioned. [117rile no real discussion of sire environrrrental resources ivas presented, the E.4 contractor provided the geophi sical investigation report as an appendix to the EA Nviih no narrative of the significance of the report's findings. Enviroscan completed a significant amount of detailed geophysical ii?ork and located rock structure, interpreted regolith thic47iesses, and incipient sinkholes identified as soil pipes. Libern feels that the lack of discussion indicates that the EA author did not understand the significance of the data that ivas presented] ¦ EA section 714.d(15). This section requires the author of the EA to discuss the environmental effects, both positive and negative, that the proposed development would cause, and the expected duration of these effects. [These effects are usually termed environmental "impacts ". The EA states, in rery brief terms, that the "existing area does not possess any special amenities that ivill be disturbed by conversion from agriculture to housing. " There is no discussion at all concerning negative consequential effects as required by the ordinance, even though the geophysical report is quite complete and displays the potential for karst features to develop. In fact, on page 2 of the En•iroscan report there is presented a notification of potential sinkhole problems caused by concentration of stornnvater and%r excess infiltration. This is clearly an oversight by the EA contractor • EA section 714.d(16). This section requires the EA to contain an alternatives analysis described in narrative form that would "...preclude, reduce, or lessen potential adverse impact or produce a beneficial result." [In this section the preparer of the EA simply and (rather brusquel}) stated that, "Building or no building" are the only alternatnes. Liberty does not interpret this section as an "either' or "for the project, but rather a detailed discussion of an analysis of the alternatives that ivould mitigate any karst-related impacts. Hoi ever, not having e>>en discussed the potential karst problems that ivere presented by the geopkysical study, leads us to believe that these tivo tasks ivere completed in a non-interdisciplinary .fashion and, purl)osell-, no information i,-as derived fr-orr7 r11e geophysics to be included l0 ii-ithin the E4. It was noted that the geophysical survey 1i,V5 completed almost three years prior to the E4 and its significance it?as not shared i th the E4 contractor]. ¦ EA section 714.d(17). This section asks for a detailed discussion regarding adverse environmental impacts. [The prepares of the EA largely missed the meaning of this requirement. In fact, the E.4 only discussed potential responsibilities of the Township to widen roads, provide fire and police services. The preparer totally disregards the potential for sinkhole collapse, and the other hazards that karst presents, such as ground water effects and building damage.] ¦ EA section 714.d(18). This section requires a discussion regarding mitigation of any adverse environmental effects. [Since the E.4 is totally silent on the fact that karst features represent a serious environmental concern, such a discussion was cornplctely overlooked The EA does not consider the soil and geologic conditions that pertain, and no discussions or plans are presented to consider how the sinkhole problems can be avoided or mitigated. Consequently, the sinkhole conditions, as presently seen, are occuring and may continue to occur unless mitigation is undertaken by the developer]. 4.3.2 Stormwater Management Report and Development Plans A reviews of the drawings prepared for the Netherby subdivision by Dawood Engineering, Inc. revealed a significant drainage feature that was not incorporated into the stormwater facility design for the development. This is the presence of four topographic depressions within Drainage Area 2. Two of the depressions are quite large, with depths of approximately two feet and five feet. Prior to development, these depressions would have intercepted stormwater runoff from approximately 44.23 acres. The Storm A-ater Manacement and Drainage Study prepared by Tem, L. Fought did not consider the effects of these depressions on pre-developed stormwater runoff. despite their size and significant contributory drainage area 'F-)u!-ht estimated the size of pre-developed Drainage Area to be 74.75 acres). It is known from hvdrologic studies and published literature (Aron, et al. 1981) that in karst areas. a si_nif cant amount of stormwater in undeveloped areas is lost through 11 infiltration. It is common practice to account for these losses by either excluding the portions of the drainage area that flow to sinkholes and depressions in the pre-developed drainage area, or to use a correction factor, typically betxveen 0. 3 and 0.5) to reduce the pre-developed flow rates that is predicted by common hydrologic models such as TR-55 and the rational method. No consideration of the loss of pre-developed runoff to sinkholes and depressions was included in the stormwater management facility design for the Netherby subdivision, resulting in a significant under-design of stormwater detention facilities. This under-design is quantified in the runoff calculations detailed below. The locations of the sinkhole/depressions are shown in Exhibit B. Another oversight in the Stormwater Management and Drainage Studv, as noted previously in the ordinance discussion, was the omission of the requirement to reduce the Hydrologic Soil Group of disturbed soils from the pre-developed to the post-developed conditions. The curve numbers shown for the pre-developed and post-developed conditions in Attachment 1 of the Stormwater Management and Drainage Stud}, indicate that the same soil groups were used in the development of the pre-developed and post-developed weighted curve numbers for the drainage areas. Therefore, the post-developed flows were under-estimated, and thus would result in an under-design of stormwater detention facilities for the development. 4.4 RUNOFF CALCULATIONS Drainaze Area 2 In order to determine the correct pre-developed and post-developed stormwater flow rates and quantify the degree of over- or under-estimation of these flow rates in the stormwater management facility design, Liberty delineated a revised pre-developed drainage area which excludes the area that drains to the four sinkhole/depressions that were indicated on the Dawood Engineering, Inc. design drawings. It was determined that the two large sinkhole/depressions intercept an area approximately 43.73 acres, and the two smaller sinkhole/depressions intercept an area approximately 0.5 acre, for a combined intercepted area of 44.23 acres. The resulting drainage area that actualll- makes up Drainage Area 2 is 21.49 acres in size. This is significantly smaller than the pre-developed drainage area of 65.72 acres that was incorporated in the 1? stormwater design calculations. resulting in a gross overestimation of pre-developed runoff rates. An outline of our revised boundary for Drainage Area 2 is depicted in Exhibit B. As indicated previously, the stonn«vater calculations for the Netherby subdivision failed to account for a change in the Hydrologic Soil Group between the pre-developed and post- developed condition, resulting in an underestimation of the post-developed flow rates. As an example, the curve number for good-condition grass in B-type soils should be increased from 61 in the pre-developed condition to 74 in the post-developed condition. Another development impact that resulted in a change in can-e number was the removal of a 400-foot long row of deciduous trees on the Benjey property to install a sanitary sewer line. Using corrected values for the pre-developed drainage area size and the post-developed curve numbers, Liberty calculated the correct pre-developed and post-developed runoff rates for Drainage Area 2. A summary of the flow adjustments and overall difference between the corrected flow rates and those used in the Netherby subdivision design calculations, is presented in the tables below. A detailed summary of the flow calculations is provided in Exhibit C. Overestimation of Predeveloped Flow `: Stor(n=-: Predeveloped Flow Preddvi16*-'.Flow S:' is ?Dveres M. ati6 of _ segtiency Anoring Sinkhole Loss 'Considering Sinkhole ' Predeveloped'Floi+y r cfs • Los s' cfs 1 19.66 4.54 15.12 2 24.75 5.70 19.05 5 31.88 6.15 25.73 10 39.56 7.61 31.95 25 47.10 10.64 36.46 50 55.21 12.93 42.28 100 65.56 16.01 49.55 Drainage Area = 74.74 acres ** Drainage Area = 21.49 acres l3 Underestimation of Postdeveloped Flow _Storm :Frequency "; ` r Postdeveloped;Flow ` Without :Sail Category Reduction cfs * Postdeveloped Flow With Soil Category s Reduction cfs ** Underestlmatian of Postdevelop ed Flow;- _? cfs 1 41.93 48.13 -6.20 2 52.14 59.54 -7.40 5 66.50 75.31 -8.81 10 82.00 92.17 -10.17 25 97.03 108.64 -11.61 50 112.75 125.40 -12.65 100 113.17 146.89 -33.72 riimiflafivp Inrraaep in Flows Caused by Development . "Storm: Frequency r Cumulative Flow rt? , Y. Increase, pment cfs - `% Increase fn `Stormwater I=1owAfter Develo 21.32 470% 2 26.45 464% 5 34.54 562% 10 42.12 553% 25 48.07 452% 50 54.93 425% 100 83.27 520% Drainne Area 1 Dawood Associates submitted designs for infiltration trenches for individual lots that takes into consideration the increase of impen•ious area from each home that is constructed. The purpose of these infiltration trenches was presumably to reduce the post-developed flow volume to the pre- developed flow volume for the 2-year/24-hour storm event. However, the change in soil group and resulting increase of can?e number follo«°ing development was not considered, and accounts for a significant increase in storm water volume. Eliminating the building areas in post-developed Drainage Area I (since their areas are infiltrated), Liberty performed pre- and post-developed stormwater volume calculations for the drainage area. These calculations account for the change in hydrologic soil group. It \vas determined that an increase of approximately 2,4 6 cubic feet of stormwater volume occurs as the result of development of this drainage area for the 2-year/24- 14 hour storm event. This increase in volume from high-frequency storm events is a contributing factor in the development of sinkholes on the Benje}, property, since the construction of the Netherby subdivision began. 4.5 REVIEW OF GEOLOGIC MAPS Liberty reviewed the Carlisle. PA quadrangle map of the Sinkholes and Karst-Related Features of Cumberland County, Pennsylvania (Open File Report 8902, NV.E. Kochanov, 1989), published by the Pennsylvania Bureau of Topographic and Geologic Survey. The map identified potential and active karst features including sinkholes, soil depressions, "ghost lake"' caverns, rock pinnacles and circular soil tonal variations consistent with karst topography. In this map, Kochanov had located a number of karst features on surrounding properties (see Figure 2). Two closed depressions were mapped on the east side of the Benjey property, and no karst features were mapped on the wvest side of the property. This is interpreted to mean that for the time period in which aerial photos were available to develop the map (mid 1930s until 1989), there were no active sinkholes on the Benjey property. From discussing this with Mr. Benjey, he was aware of only one recent sink area on his property since that period (presumably associated with the drought of 1999-2002). However, since the Netherby development has been under construction beginning in September 2003, at least five active sinkholes have formed and a number of other incipient sink zones were noted on the Benjey property in the field visit of June 1, 2005. One of the five sinkholes that developed on the Benjey property was reported to be approximately 20 feet wide and five feet deep. This sudden appearance of sinkholes is, in our professional opinion, related to construction activities at the Netherby subdivision. 15 Figure 2 PA Topographic and Geologic Survey Karst Map 'a `I?,'.,.=ice.,; ? ?$J'I ` '?~ ? _? © ..• ? ?r - .. - ?. i /ice.. ?.s?? Vi' _ / r'• .i_\ .? --__ __ ?0 _ • c5? Q 'fir 40 ©_r"-^ 00 Ot,,a i`->-•• ??? z :a•'":.k' 1. O ._'OQ,i A ? ..1`??. ift it { j + a • ? t? 'vt ? - _,? ,.. ? . O ? ? ? ? ?7 ?? _ - ? i ) V 7j, \w? , >Ja +,, ??? -i ? (?^? „" =.? '.-. .lip-.? rte!, v. •`.. ?1 ? i © ? i?-w=© ~; v- ap- 71 ?? Netherb Subdivision pert_ Senjey Pro ?' ?:i' ?at.?l' ?S5j`?\ ?r? ?'?01 ? I' ? 1 ?'? • ' I 1 ??, ? j y 31 .4 40 t_Al _r - -' ? 'I .037: ?- ... `?.? ,? - c .--• ?? ?';?viiie . _.:???' ?' ? .. _ .f ire ?1 t 1 ?, ,®?' ? - -;rt. ? ?+? ? r 7?? 1? . ( ••?'?f, ?%:'?-? , ? r i i •,. ?.. ! .. yT•i??tle.. fll?l\(Ilt •w I r• fir -'D Cie 01 40 t - f f' 6010 499 p 517 16 5. OPINIONS In our expert opinion, based on a reasonable degree of scientific certainty, we opine the following: 1. Sinkhole Development: The problem of the activation of sinkholes on the Benjey property is one that ,vas foreseeable and, for the most part, addressable by the developer of the Netherbv subdivision. It is our opinion that karst impact should have been included in the EA and mitiuation measures should have been addressed during the site development design stage. The EA was of little use to provide such information, although EA Exhibit No. 3 (the Final Geophysical Sur\,ey by Enviroscan, Inc.) certainly provided as much detail as would be required to complete a thorough assessment of sinkhole hazards with necessary Environmental Impact Analyses and Mitigation Analyses. The maps 1 through 4, included as exhibits within the geophysical survey report, contained enough detail to identify the fact that sinkholes, if activated, would become a problem for this project area. The geophysical report presented conclusions consistent with the scientific data that land disturbance in this area could predictably cause the formation of sinkholes. This data was presented to the author of the EA in a very generous time frame: the geophysical survey being completed almost three years prior to the EA. However, the EA was completely silent on the entire subject of environmental impacts related to karst. This was a serious oversight, since building construction has already begun, and street and utility construction is completed. Our concerns are primarily focused on the dwelling and the outbuildings of the Benjeys. If their property remains in agricultural use, we feel that the developer can, until the area is completely stabilized, conduct karst remediation on a sinkhole-by-sinkhole basis using accepted mitigation techniques. However. sinkholes that occur near the house and outbuildings can cause major structural failure to a house that is a historical artifact and represents a `enre in Peru?sylvania German architecture of the 1 Sth and 19th centuries. Needless to say. Liberty is similarly concerned about potential sinkhole damages to the verb' houses and streets at the Netherby development since, apparently little. if any. mitigative measures were discussed. proposed. or planned for this pro] ect. 17 2. Flooding. The plans prepared by Dawood Engineering clearly indicate the presence of sinkholes and.'or closed depressions in Drainage Area 2 of the Netherby subdivision property prior to the start of construction. The failure to incorporate the losses of stormwater flow to these features in the stormNA-ater design calculations for the development significantly overestimated pre-developed flow rates, resulting in significant under-design of stormwater management facilities, since these features "vere backfilled during site development. Furthermore, the failure to account for a change in hydrologic soil group between the pre-development and post-development conditions, as required by Township ordinance, resulted in an underestimation of post-developed stormwater flows from the development. The combined result of these errors resulted in an increase of up to 562% of stop-nwater flow after development, despite the installation of stormwater detention facilities. In addition to the increase in runoff in Drainage Area 2, Liberty's calculations indicate that an increase in stonnwater volume occurs in Drainage Area 1 for the high-frequency 2-year/24-hour storm event, despite the installation of infiltration trenches on the lots in this drainage area. This is due to the design engineer's failure again to account for the change in hydrologic soil group betNveen the pre-developed and post-developed condition. The resulting volume increase for the 2-year/24-hour storm event is 2,456 cubic feet. This drainage area drains to the area on the Benjey property where sinkholes have recently developed, and the increased volume is a contributing factor to the sinkhole development. 3. Remedies. One or a combination of the following remedies should be immediately implemented to correct the flooding and sinkhole problems that have been created on the Benjey property from the construction of the Netherby subdivision: a. Stornnvarer I'olume Reduction in Drainage Area 1: Increasing the capacity of the existing infiltration trenches, and/or adding additional infiltration structures, would appear to be the most feasible methods to restore the volume of runoff from the 2-year/24-hour storm event to belo\N the pre-developed condition. Other volume reduction methods, such as capture and reuse or increased evapotranspiration. are not likely to be feasible for this area. One feasible 18 ' _ '?. G ` , 1 • - ? tea, y , .? .,.. t y t 1 ill ?. \ ?? ?\ P1.? •,? :? d '; 1 s ? 1.3 -Y O tU cl) O O 0 p. C N T o FID CD :. m ca CL VK J fl- O an N 1? ? O e 1 ! ,?' p , -? 1 v ? f. t • ••... at ,iti,?k f Ly .tom Lo to , nPi a 4 • , Z _?S ' l L?' ?J CD as rj( k r 9 {GS f `ri -• 'YWUL r-L 1 lr , llv, t i?}'t"'? , ? •Gt ? ?.. ?M:??- jC t. ?1tM1{M9 it L A.3. `. ,Z ?„' ,?_• '•?• ! •' jJ"'I rn ; Po ld'.aW?l.: .li[rJ!ifil r. t - +• ?• b 1 1 ?', "? (?, . Cam' , r ' ,li.-_-?.+•" v ?' ._ ?- -...^f." - M - - _ 1 ?jt Irv r'r"" •_,•?--- ?1?, -...? ,.? f ??,.,?,.?10a ?'.?? - ' alternative may be to convey all or a portion of the stonmwater flow from Drainage Area 1 to a location beyond the Benjey property via a new storm sewer line. b. Stormy-ater Floiay Reduction in Drainage Area 2: Providing additional stormwater detention, either by increasing the size of the existing detention basin or adding additional detention basins within the Netherby subdivision, appears to be the most straightforward method to reduce post-developed story water flow rates to the pre-developed rates. Minimizing the amount of impervious coverage in future construction in the development could be combined with additional detention to achieve stonmwater flow reduction. One alternative to increased detention that should be considered is conveying the discharge from the existing detention basin through the Benjey property via a new storm sewer line. This new storm sewer would likely need to be terminated at a point on the east side of East Springville Road. A second alternative that may be feasible is re-excavating the two large original sinkholes in the Netherby subdivision and creating inverted filters within them. If their stormwater capture potential can be restored, the increase in stormwwater runoff could be mitigated. This alternative would likely require deed restrictions, engineering controls, and a maintenance agreement. c. Contingency Plan: The developer of the Netherby subdivision should develop a plan to address future karst failures on the Benjey property. The plan should commit the appropriate resources to respond to karst failures in a timely manner during construction of the Netherby subdivision and for a specified time period following the completion of construction. The preparers of this report reserve the right to amend this report, including the opinions, upon receipt of additional data that is pertinent to the site. 19 6. REFERENCES 1. Aron, G., et al, Procedure for PSU-JI% for Estimating Desig17 Flood Peaks on U17gaged Pennsyhlania I ,`atersheds, 1981. 2. Geyer, A. R. and Wilshusen, J.P., Engineering Characteristics of the Rocks of Pennsylvania, Pennsylvania Geological Survey, Environmental Geology Report lv'o.l, 1982. 3. Kochanov, W. E., Sinkholes and Karst-Related Features of Cumberland County, Pennsylvania (The Carlisle Qudrangle), Open File Repon No. 8902, 1989. 4. Laugland, J., Stormivater Management Design in Karst Terrane Adjusting Hydrology Models and Using Karstic Features, 1999. 5. Ralston, M. and Oweis, I., Geotechnical Engineering Considerations for Stormwater ,I-fanagement in Karst Terrain, 1999. 6. Wilshusen, J. P. and Kochanov, W. E., "Environmental and Engineering Applications: Carbonate Terrain," The Geology of Pennsylvania, 1999. 20 EXHIBIT A CURRICULUM VITAE JAMES P. CINELLI, P.E. CURRICULT,T,V VITAE Fields of Competence Qva?ifcarions Summary- Mr. Cinelli is experienced in Phase I, II & III environmental site ¦ Over 14 years of experience assessments; remediation system design; site remediation management; in environmental spill prevention and response plans; stormwater and wastewater management consulting for systems design, permitting and construction; erosion contr ol plans; industry. stream encroachment and earth disturbance permitting; and waste ¦ Project manager for the management. underground storage tank management program for a large Convenience Store Credentials company in Pennsylvania ¦ Extensive experienced with M. Eng, Environmental Engineering. Pennsylvania State University Phase I and II assessments, (2000) environmental compliance MBA, Business Administration, St. Joseph's University (1995) audits, and due diligence ineering, Lehigh University (1990) Civil En B.S. studies. , g Professional Engineer registered in Pennsylvania, Delaware, Tennessee, ¦ Managed numerous remedial New Jersey, Virginia, New York and Connecticut investigations and feasibility studies under PA Land Training and Associations Recycling (Act 2) Program for chlorinated solvent, PCB 40-Hour Hazwoper Training and fuel oil contaminated sit 8-Hour Hazwoper Supervisor Training es. New Jersey UST closure and subsurface investigation certifications Accredited asbestos building inspector and management planner Member of American Society of Civil. Engineers Key Projects 18th & Callowhill Streets Site, Philadelphia, PA_ Managed site remediation project at a fwaner transformer manufacturing facility. Site work included reconstruction of a concrete retaining wall, installation of temporary shoring to enable excavation to the property boundary while protecting the adjacent streets and utilities, excavation and disposal of approximately 1,000 tons PCB-contaminated soil, and installation of HDPE cap. Managed health and safety concerns through an active public participation program, and secured a Release of Liability through Penns-Ovania's Land Recycling Program. Baldwin Locomotive Works, Eddystone, PA - Conducted site assessment activities under Pennsylvania's Land Recycling Program. Fork included ground,,vater monitoring well installation, soil borings, a test pit investigation and preparation of a Remedial Operation c Maintenance Plan to address impacted soils encountered during Pagel 0r5 JAMES P. CINELLI, P.E. CLRRICL UM VITAE redevelopment of the site. Conducted PCB testing in an electric substation containing 30 transformers and capacitors. Scattered Sites, North and South Carolina - Managed the decorrmissi?ning of fire bleach and dye facilities, including asbestos inspections and abatement, characterization and disposal of drummed waste materials, assessment and remediation of contaminated soil and groundwater (petroleum products and chlorinated solvents), and aboveground and underground storage tank: removals. Jefferies Knitting Mill, Albemarle, NC -Managed the decommissioning of a former bleach and dye facility. Provided management of approximately 200 drums of waste, including drum inventory, material characterization, consolidation, transportation and disposal. Conducted site assessment activities to delineate the extent of PCE in groundwater from former dry cleaning operation. Performed the removal of two 50,000 gallon -6 fuel oil USTs and off-site bioremediation of 600 tons of impacted soil. Conducted an asbestos inspection in preparation for future building demolition. Pennsylvania Steel, Hamburg, PA - Managed environmental assessment activities at this site in pursuit of a Release of Liability under Pennsylvania's Land Recycling ("Act 2") Program. Historic industrial activities at the site included steel and stainless steel foundry operations, as well as truck body manufacturing. Investigated numerous areas of concern, including nine (9) underground storage tanks, an oil-water separator. and two (2) areas where foundry sand and slag were buried. Groundwater investigation activities, including installation of five (5) groundwater monitoring wells. aquifer testing, and fate-and-transport modeling were also performed. A Release of Liability was obtained under Statewride Health Standards for soil, and a Site-Specific Standard was established for naphthalene in groundwater utilizing the results of the Bioscreen fate-and-transport modeling that was performed. Other environmental investigation activities performed at the site included a comprehensive asbestos inspection, a radiological survey at a former non-destructive metal testing facility. and Johnson &:. Ettinger vapor intrusion modeling. Convenience Store, Lancaster County, PA - Removed 8.000 gallon gasoline UST and conducted a site characterization to delineate the extent of soil groundwater impact. Designed and installed a granular activated carbon pump-and-treat system, and secured lti'PDES permit for surface discharge of treated effluent. Conducted a fate-and-transport study to demonstrate attainment of Statewide Health Standards, and secured a release of liability through Pennsyh, ania's Land Recycling Program. Woodruff Oil, Bridgeton,J - Managed the design and installation of a secondary containment upgrade at a bulk fuel storage facility, in order to comply with recent changes to aboveground storage tank regulations. The secondary containment upgrade included a high-density polyethylene (HDPE) liner. The project required the design of a special perimeter anchoring system due to the proximity of adjoining structures. Site-specific designs for liner penetrations were necessary, due to the size, number and type of obstructions that \vere present (tanks, pipe supports, pump house, etc.). Convenience Store, Lancaster, PA - Two underground storage tanks wvere removed in order to meet PADEP and USEPA upgrade requirements. Impacted soil was discovered in the tank excavation. Prepared a Remedial Action Plan, and performed on-site remediation of excavated contaminated soil using ex-situ bioremediation technology. After complete remediation of soil, a Release of Liability ,was issued by PADEP using Statewide Health Standards. Poultry Processing Facilin•, Lebanon County, PA - An emergency response firm responded to a release of sulfuric acid from an aboveground storage tank: at a poultry processing facility (location Page 2 of 5 51 r L oa n." JAMES P. CINELLI, P.E. CURRICULUM t7TAE confidential.). After Elk completed the excavation of heavily impacted soil, UAI personnel conducted a site assessment and risk assessment under Pennsylvania's Act 2. Systematic random Grid sampling was conducted. and a risk assessment was performed, which indicated that residual contaminants remaining in the soil \vere protective to human health and the environment. An Act 2 Release of Liability ryas granted by PADEP using a Site-Specific Standard. Convenience Store, Bedford, PA - A Phase II Environmental Site assessment indicated that three gasoline underground storage tanks were previously located on this site. A soil and groundwater investigation was performed, and impacted soil and groundwater were fully delineated. Impacted soil ,.as excavated and disposed off-site. The groundwater plume ,vas determined to be stable by conducting quarterly groundwater monitoring. Following the completion of groundwater monitoring, a Release of Liability was issued by PADEP using Statewide Health Standards. Convenience Store, Dovvningtow•n, PA - Performed a site characterization in response to a release of gasoline from an underground storage tank system. Designed and managed soil vapor extraction and bioventing feasibility studies to evaluate the effectiveness of these technologies for remediation of gasoline-impacted soil. Prepared a Remedial Action Plan which was approved by the Pennsylvania Department of Environmental Protection, and designed a bioventing remediation system. Managed construction and operation of the remediation system. Convenience Store, Lancaster County, PA - Performed a site characterization in response to a release of gasoline from an underground storage tank system. Designed and managed a soil vapor extraction feasibility stuiv to evaluate the effectiveness of this technology for remediation of gasoline- impacted soil. Prepared a Remedial Action Plan which was approved by the Pennsylvania Department of Environmental Protection, and designed a dual-phase extraction remediation system, utilizing a liquid ring pump, an air stripper, and vapor phase carbon, to simultaneously remediate soil and groundwater. Managed construction and operation of the remediation system. Convenience Store, Anioville, PA - Performed a site characterization in response to a release of gasoline from a failed o-ring on an underground storage tank system. Due to impact to groundwater at the property line, determined that no exposure pathways were present by conducting a receptor survey and fate-and-transport study. Demonstrated attainment of a Site-Specific Cleanup Standard for MTBE, securing a Release of Liability through Pennsylvania's Land Recycling Program. Convenience Store, Halifax, PA - Removed two underground storage tanks in preparation for a real estate transaction. Due to the presence of MTBE in ground?yater, a Site Characterization was performed, which identified an INITBE plume extending off-site. Performed a receptor evaluation and fate-and-transport survey. Negotiated deed restrictions on three properties, eliminating potential exposure pathways and enabling demonstration of attainment of a Site-Specific Cleanup Standard for MTBE. Secured a Release of Liability through Pennsylvania's Land Recycling Program. Convenience Store, Coatesville, Pa - Performed a remedial alternatives analysis for treatment of gasoline-contaminated groundwater. Selected an innovative design - a Trickling Filter Bioreactor - over more traditional technologies such as granular activated carbon and air strippers. Designed and installed the remediation system, and secured NPDES permit for the system's discharge. Performed monthly system maintenance, discharge monitoring and reporting. Operational cost savings of ,580,000 to S 100,000 per year was realized. Page 3 of 5 R EV o6/2imm JAMES P. CINELLI, P.E. CURRICUIU:1I VITA X Confidential Client - Conducted Environmental Compliance audits of two steel manufacturing facilities in preparation for an EPA multi-media audit. Responsibilities included performing a review cf environmental reports and permits and conducting visual inspections of the facilities. Determined the facilities' compliance status \vith respect to federal and state environmental la,,N•s and regulations governing solid and hazardous waste. water quality-. hazardous mater..-ls, and storage tanks. Confidential Client - Conducted Environmental Compliance Audits of a warehouse facility and a %vire and cable manufacturing facility for a major battery manufacturer. Responsibilities included performing a review of environmental reports and permits and conducting visual inspections of the facilities. Determined the facilities' compliance status Nvith respect to federal and state environmental laves and regulations governing solid and hazardous waste, water quality, hazardous materials and storage tanks. Confidential Client - Conducted Environmental Compliance Audits of five automobile part re- manufacturine facilities. Responsibilities included performing a review- of environmental reports and permits, and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations cloverning solid and hazardous waste, water quality, hazardous materials, and storage tanks. Allied Signal, Pottsville, PA - Implemented and certified the closure of a permitted RCRA hazardous waste storage acility. The project included pad decontamination, management of wastewater, post- decontamination sampling and analysis, and closure certification. Berks Landfill Superfund Site, Spring Township, Berks County, PA - Performed a waste volume analysis for a PRP group. Historical aerial photographs and topographic mappings of the landfill site were reviewed in order to determine the method of landfill construction, and to estimate the depth of buried waste. A grid was overlaid on the waste disposal areas, and the total volume of waste was calculated based on estimated depth of waste at each grid point. A summary report was submitted to the PRPs' attorneys for Superfund litigation defense. United States Postal Service, Bellmawr, ItiJ and lVilmington, DE - Designed/specified wastewater recycling systems for LISPS vehicle maintenance facilities. Work included reviewing building drawings, surveying drain sizes and depths, designing collection trenching and piping, and preparing performance specifications for wastewater recycling equipment. Performed construction inspections. Limestone Quarn', Bechtelsville, PA - Designed/specified a wastewater recycling system for truck maintenance and washing operations. Work included reviewing building drawings, surveying drain sizes and depths, and wash pad and collection sump design. C.S. Garber & Sons, Boyertown, PA - Designed/specified a wastewater recycling system for drill fig washing operations. Work included surveyino building dimensions, design of a dual Bate-controlled wash pad and a 5.000-gallon sediment settling tank, specification of ultrafiltration water recycle equipment, and construction management. Sun Drilling Products, Belle Chase, LA - Designed a vehicle washwater treatment system and performed NPDES permitting for a drilling products manufacturer. Washxvater treatment system design included a topographic survev. settling tank: design, vehicle entry `exit ramp design, and oil/water separator specification. AnNPDFS permit was secured for the washwater discharge and a n:w Styrene Divinyl-Benzene Copolymer manufacturing plant. I'mge 4 of 5 REV Uo :ooa JAMES P. CINELLI, P.E. CL,"RRICL _L UM VITAE Convenience Store, Coatesville, PA - Performed an evaluation of a malfunctioning small flow sewa`-e treatment system. Established improved s?,stem operating procedures and retrofitted the system with a second aerator to ensure compliance Nxith NPDES permit limits. Performed monthly maintenance and prepared discharge monitoring reports. Olev Vallev Elementary Center, Oley, PA - Designed stormwater management facilities and prepared erosion control plan, and prepared a stream crossing general permit application for a proposed elementary education facility. Due to the extensive area of soil disturbance, an Earth Disturbance Permit was secured from the Pennsylvania Department of Environmental Protection. Golden Oaks Golf Club, Pricetmvn, PA - Designed stormv.,ater management facilities and prepared erosion control plan for a 280-acre championship golf course. Due to the extensive area of soil disturbance, an Earth Disturbance Permit w•as secured from the Pennsylvania Department of Environmental Protection. The design included five sediment stormwater detention basins, and several diversion swales and sediment traps. Garden State Growers, Fleming t5 - ton, IVJ - Prepared stormwater management facilities, including five stormw-ater detention/sediment basins. Prepared stream encroachment permit applications for three stream crossings and five detention basin outfalls. Cataldi Waste Disposal, Inc., Reading, PA - Served as design engineer and project manager on 10- acre land development project for a recyclable materials transfer station. Responsibilities included site grading, vertical and horizontal alignment of industrial access driveway, design of stormwater management facilities, and preparation of an erosion control plan. Central Catholic High School, St. Lawrence, PA - Designed grading, stormwater conveyance facilities, and erosion control plan for the expansion of practice fields at a high school athletic center. Cambridge-Lee Industries, Reading, PA - Designed a constructed wetland for removal of copper from industrial stormwater and cooling water discharge, and prepared an erosion control plan for same. Publications and Presentations Cinelli, J. P., "Applied Storm Water Management for Small Watersheds," presented at Penn State Great Vallev, Fall 1999. Cinelli, J. P., "Ask a LaAver," Served as a panel member for Berks County Bar Association's television program covering underground storage tank regulations, 1997. Cinelli, J.P., "Environmental Assessment and Pennsylvania's Land Recycling Program" presented at lending institutions, bench-bar association conferences, and realtor training seminars. Cinelli, J.P., "Understanding Environmental Regulations," presented at Berks Chamber of Commerce, ?000. Cinelli, J.P.. "Ex-Situ Remediation of MTBE-Contaminated Groundwater Using a Trickling Filter Bioreactor", 2004. Page s or 5 HEN' ""Infu WAL TER M. LEIS, P. G. Senior Hydrogeologist Quallfcavons Summary J Fields of Competence CLRRICL-L LIV VITAE ¦ Over 23 years of experience '14r. Leis has expertise in detection and abatement of groundwater in environmental practice of contamination attributable to chemical spills, radionuclides, and solid h ?•droeeelo?y, as a field hydroeeoloeist, field waste disposal problems; design of artificial recharge wells; model supervisor, technical simulation of groundwater systems; siting of hazardous waste supervisor, and project repositories and landfills; permitting, expansion. and closure of solid manager. waste facilities; practical applications of geophysical sun-eys to ¦ Chief geologist /task leader contaminated hydrologic systems, site investigations and borehole investigating solvents and geophysical surveys; geochemical studies of acid mine drainage and radionuclides migrating in hazardous and nuclear wastes; system installation and rehabilitation of groundwater and discharging to surface waters at sites in groundwater extraction and recharge wells; design of horizontal - PA, NJ, OH and MO, and galleries; expert witness. for for 26 ?6 Uranium Mill ¦ Served as project leader investigating sediment transfer of pS Remedial Action Tailin (UMTRA) Program sites in hazardous materials and radionuclides in sites in PA, NY, NJ, OH, the western Us. MO. VA, and SC. ¦ Project Director and chief ¦ Developed aeochemical sampling techniques for karst and deep geoscientist at over 100 mine sampling. Evaluated synthetic and field hydrologic data for - different contaminant and deep formational analysis in coal field projects. hazardous waste sites in • Research experience developing mapping techniques for subsurface U.S., U.K., and Asia. Expert structures having multi-state hydrogeological significance, and in approximately fifteen related court cases. defining ore bodies by geochemical prospecting. ¦ Six years of research applying geophysics to evaluating Directed numerous ¦ contaminated ground water supplies in fractured rock and karst successful projects for, sg, r designing, and permitting ol areas. Project Director for artificial recharge and deep well disposal solid and residual waste studies: consultations for A aste disposal and aquifer quality storage and disposal sites. problems for coastal communities. Developed specific hy- Numerous aquifer restoration projects involving multiple ground- drologic routing and seepage models for cap and liner water zones contaminated by radionuclides, landfill leachate and design, and for active high-density, low-solubility organics. Expert NVitness for three groundwater cleanup. successful, precedent-setting aquifer contamination cases. Project Applied research to develop Director and chief expert for the only groundwater cleanup system various landfill caps using nominated for a demonstration grant in original Resource synthetic soils for residual Conservation and Recovery Act (RCRA) legislation. wastes, vapor routing caps for radon and methane gas Remediation applications using slant, horizontal drill and lance collection, and permeable injection techniques. Applied horizontal and slant drilled wells for caps for asbestiform mineral collection galleries in complex hydrogeology, and injection of - piles. grouts for redirecting contaminant flows. ¦ Directed projects affecting chemical and physical rehabilitation of fouled contaminant extraction and recover- systems. Developed early warning appliances and automated data s-,-sterns used to detect fouling at early. re,, ersible stages. Page 1 of 9 u 1- Y n n'.... WALTER M. LEIS, P. G. Senior Hydrogeologist Credentials CURRICULUM VITAE M.S.. HN-droeeolozv - University of Delaware (1975) B.S., Biochemistry - Albright College (1966) Revistered as a Professional Geologist in the States of Delaware, Georgia and Indiana, and in the Commonwealths of Pennsylvania and Virginia. Training and Associations Cooperative Program in Environmental Engineering -- University of Pennsylvania (1968) Additional Special Course \? "ork in Geology and Hydrology -- Franklin & \Marshall College, and Pennsylvania State University Satellite Data Processing Training -- Goddard Space Flight Center (1983) Trenchless Technology Training (Nk"estinghouse 1990) O\?R.R Research Fellow (1973-74) Geological Society of America -- Engineering Geology Division Society of Economic Paleontologists and Mineralogists Association of Engineering Geologists -- Chairman, Hazardous `Waste iylgnlt. Committee (1985-88) Hazardous Materials Control Resource Institute (HMCRI) - Superfund Conference Program Development Council (1986-1994), Federal Environmental Restoration Conference Program Committee (1992-1994) Honored Graduate for Delaware, Office of Water Resources Research (OWRR), 25th Anniv. (1989) American Academy of Forensic Sciences, Elected Member (Engineering Sciences Section) DOE Peer Reviewer for radionuclide applications of colloidal silica grouts by horizontal drilling and lance injection. DOE Peer Reviewer for DNAPL and Mixed N?'aste Research funded by DOE {on-going). Key Projects Municipal Water Supply Development. Project director on a number of large ground water drinking water supplies. Sites included Atlantic City, NJ (13 mgd); Berks County, PA (0.5 mgd); Hackettstown, NJ (1.2 mgd). Projects involved siting, water development, monitoring, modeling and permit application. Airport Enviroumental Survey, City of Philadelphia, Division of Aviation, Philadelphia International Airport, Pennsylvania -- Project Director. Initiated this fast-track 5270 million airport expansion environmental surrey. Project involN ed detailed quantitation of hazardous wastes and groundwater conditions in a sole-source aquifer area. Site Investigations, PCB Advisory Committee of the Hudson River, l\e}y York State Department of Enviroumental Conservation (NYSDEC), New Fork -- Project 'Manager. Led a team that studied soils and groundwater potentially contaminated by polychlorinated biphenyls (PCBs) at 13 dredge spoil disposal sites in the Hudson River and Adirondack 'Mountain areas. All site investigations were completed on-titre under harsh weather conditions in January through March. Objective was to rage z or9 1,rv 06"2004 WALTER M. LEIS, P.G. CLRXICULU-11 VIT-9,E Senior Hydrogeologist develop remediation options to clean up groundwater and desorb soils. Project involved six 3-person field teams and had a value of 51.5 million. Natural Resource Damage Assessment - Evaluated natural resources damage associated with. a potential problem, of heavy metals in ground water. Reported to the trustees of Cape May County, NJ, concerning the value of damage to non drinking water aquifers (recharge potential, agricultural irrigation, etc.) Siting, Design, and RCRA Part B Applications, Various Locations, 'Multiple Clients, Project/Technical Director. Directed teams responsible for siting, design, and RCRA Part B Appli- cations for t%vo U.S. Department of Energy (U.S. DOE) sites and ten commercial RCRA facilities. Contaminant Isolation Systems, Various Locations, Advisor to Ministry of the Environment, Ontario, Canada. Designed extraction wells and hvdrogeologic isolation systems for groundwater contaminated Nvith organic solvents in Ontario and Quebec, Canada. Containment Isolation System, Power Generation Station, N.C. Horizontal Drainage Gallery installed for a leaking 25 acre wastewater lagoon. Industrial NVaste Disposal Research, Montana, 'Forth Carolina and Tennessee, for the Edison Electric Institute. Completed a major high-volume waste disposal and groundwater effects project for Edison Electric Institute. Mr. Leis' report was instrumental in having high volume wastes declared non-hazardous, saving the electric power industry 10`s of millions of dollars in waste disposal costs. Municipal Solid NN aste ('N1SNN') / Residual Landfills, Various Locations, Multiple Clients, Project 'Manager/Director. Siting, design, and permitting of eight MSVA' and residual waste landfills for six industrial and two municipal clients in New Jersey, Pennsylvania and Maryland. Residual Waste Landfill Siting, Various Locations, confidential Pulp and Paper Client, Project Manger and Senior Project Scientist. Project involved initial site screening of more than 30 candidate sites, the selection of one site, and directing hvdrogeologic, soils and geotechnical surveys for design of a residual waste landfill facilit},. Directed permit design and closure. Residual Waste and Sludge Landfill Permitting, Confidential Client, Pennsylvania, Project Director. Directed the first Phase I and Phase II permitting of a 700-TPD paper mill residual waste landfill under the 1994 Pennsylvania Residual Nk'aste Regulations. Determination of ?Migration of Radionuclides in Groundwater, Senior Hydro-geologist. Selected and directed a team of ocoscientists to investigate radionuclide miffration at 1-6 abandoned Uranium Mill Tailings piles located in 7 western states, Developed geophysical testing and rapid field testing techniques to assess plume configuration. U. S. Department of Enery , National Laboratories, Chief Peer Reviewer, Hydrogeology. Provided peer review- and project direction recommendations for site characterizations being conducted at U. S. Department of Energy 'rational Laboratories (Oak Ridge, TN; Rocky Flats, CO; Los Alamos, PH-c3 nr9 it EN 06 M.O4 WA L TERM. LEIS, P. G. C L RRICUL L M VITAE Senior Hydrogeologist l.`?vl;, Sandia, :?M: and Fernald, OH). These sites were characterized as having plumes of mixed wastes in groundwater, including radionuclides, solvents, anions and heavy metals. Stabilization and Closure of a 30-Acre Industrial Waste Landfill, Confidential Client, Pennsylvania, Project Director. Directed landfill closure permitting, hvdrogeologic and soil investigations, and screening and selection of closure and capping options. Directed design, permitting, and construction management of a mill waste transfer facility to handle the waste during and after closure of the plant landfill. Remediation Nlonitoring and Modeling, Manhattan Project Sites, Chief Scientist. Assembled multidisciplinary team to investigate groundwater and soil contamination from radionuclides and related chemicals associated with tyro former Manhattan Project Sites (Canonsburg, PA, and St. Louis Airport, MO). Mineable Reserve Evaluations, Various Locations, Confidential Clients, Project Manager. Conducted evaluations of mineable reserves and the potential for subsidence, for coal and non coal de- posits. as well as evaluations of mine reclamation, and on-going monitoring. Raney Well Collection Gallerics - Provided feasibili & initial design for horizontal collection systems for potable water system in Limestone Formation for Bald Eagle Water Company, Tyrone, PA. Design and Closure of 12 Industrial Sludge Lagoons, Confidential Client, Pennsyl`lania, Project Director. Directed engineering evaluations of bridging, filling, regrading, and top covering the closed lagoons using a mixture of paper mill sludge, fly ash and soil. An area totaling 109 acres is being reclaimed and converted into a wildlife: preserve. Ground'%vater Contamination, Various Locations, Confidential Client, Project Director. Responsible for definition of groundwater contamination from sanitary landfill leachate and industrial chlorinated solvents. Developed systems for recovery of contaminants to protect heavily used aquifers in numerous states. Hydrogeologic Isolation Systerns in Fractured Rock and Karst Areas, Confidential Clients, Illinois, lliaryland, Ohio, Pennsylvania and Virginia, Project Director. Responsible for design and construction of hydrogeologic isolation and remediation systems for various chlorinated and non- chlorinated solvents migrating in eroundwater a?,ay from municipal solid waste disposal facilities. Designed & construction oversight for gallery wells, horizontal wells and slant drill wells. GrounciNvater Collection Systems, Confidential Client, DelaNvare and Pennsylvania, Project Director. Design and operational supervision of chemical and physical rehabilitation of groundwater collection systems in fractured rock and coastal plain areas. Environmental Fate Projects, Colorado, Nevada and Ohio, Project Director. Directed three projects for the determination of environmental fate and effect of, and for the remediation of groundwater aquifers containing. PCBs, furans. dioxins, and a-, G-. v-BHC, and tritium. Pa"e 4 or 9 RED' W2uoo WA L TER M. L EIS, P. G. CL RRICL-t UM VITAE Senior Hydrogeologist Remediation of Explosives, Various Locations, Multiple Clients, Principal Investigator. Technical leader for six projects involving the evaluation and remediation of explcsives compounds in groundwater from U.S. Am 1y and U.S. Navy operations in IL, MD, TN and WV. Subsurface Migration of Polychlorinated Biphenyls (PCBs), Various Locations, Confidential Governmental Client, Principal Investigator. Conducted nine projects involving subsurface mi- gration of PCBs in New Fork, New Jersey, Pennsylvania and Oklahoma. Field Design Studies, Various Locations, Confidential Client. Initiated and directed field design studies for artificial recharge and waste disposal wells in DE, CA, CO, FL and OH. Groundwater Recovery Projects, Petroleum Releases. Represented a number of multinational oil companies to develop upset remediation costs for altemate groundwater remediation strategies. Project involved groundwater contaminated with petroleum hydrocarbons in sixteen states, Taiwan, and karst areas of Italy. Evaluation of Groundwater Effects, Various Locations, Edison Electric Institute, Project Director. Directed eight projects for evaluation of groundwater effects and attenuation of leachates from coal ash and flue gas desulfurization waste disposal areas. Projects in fractured rock and karst areas of southeaster United States. Geocbemical Evaluation of Coal Mine Pools, Various Locations, Confidential Client, Project Manager. Conducted research at nine coal mine pool sites in MT, OH, PA and WV. Subsurface Migration of Contaminants, U.S. EPA, Principal Investigator. Conducted research for the U.S. EPA into the geochemistrv of subsurface migration of various toxic organic substances, agricultural chemicals. radionuclides, and heavy metals. Migration of Volatile Chlorinated Hydrocarbons, Various Locations, Multiple Clients, Principal Investigator/Expert Fitness. Over 200 projects involving migration of volatile chlorinated hydrocarbons in groundwater. Projects involve groundwater characterization and remediation design, project sites in fractured rock, karst terrains, and unconsolidated formations several included representation of remedial plans in court and in arbitration. Remediation of DNAPLs, Peer Reviewer. Peer Reviewer for DOE funded research regarding DNAPL remediation in love permeability media and fractured rock. Fate and Degradation of Agricultural Chemicals, Various Locations, Multiple Clients, Principal Investigator. Project Director for twelve projects involving fate and degradation of agricultural chemicals in soil and groundwater, for E. I. DuPont, Chevron Chemical, Shell Chemical and Texaco. Geophysical / Remote Sensing Assessments, Various Locations in the U.S., Project Director. Designed geophysical and remote sensing assessments of various hazardous waste disposal areas, including organic chemical and radionuclide disposal sites. Pare { or 9 RE \' 06,700-1 WA L TER M. LEIS, P. G. CURRICULUM VITAE Senior Hydrogeologist Wetlands Restoration, Confidential Paper Mill, New Jersey, Project 'Manager. Studies and designs for wetlands restorations were accomplished and appro?-ed by regulatory agencies and U.S. Army Corps of Engineers within 12 months. Hydrogeologic Investigations, Confidential Paper Mill, Project Director. Conducted hydrogeologic investigations to augmented a water supple by -1-5 mgd at a paper mill planning to expand its production of recycled paper products. The augmented supply used ground water management and enhanced groundwater withdrawal techniques. Expert Witness Successfully represented the City of Dublin and Dublin County, Ireland, for site remediation for chlorinated solvents at the Gavin's "Dump" in County Kildare; Successfully represented U.S. EPA in a highly publicized case (United States v. R. Bums) in which a waste hauler willfully deposited toxic chemicals along 200 miles of North Carolina highways. Case included environmental effects of PCBs at the storage center; Successfully represented New Castle County, Delaware, in a case involving alleged Organic contamination from an old landfill; Successfully represented New Castle County, Delaware, in developing upset cleanup costs for insurance coverage of environmental damages resulting from groundwater contamination by organics. Testimony was quoted in the written decision by the 3rd U. S. District Court; Successfully represented Cape May County in adjudicatory hearings regarding a groundwater source and use dispute. Represented U. S. Department of Energy in a fact-finding mission for testimony before the U.S. Congress, regarding groundwater mieration of radionuclides in Canonsburg, P.A. Represented Sears Roebuck & Co. for a reduction of participatory liability at a N.J. Superfund site settled favorably on behalf of Sears. Represented two industrial clients in a successful insurance claim for costs associated with groundwater cleanup of organic chemicals for Lone Pine Landfill, Monmouth County, NJ. Evaluated applications & costs of horizontal drainage galleries by trenchless technology; Represented Aerojet General, Inc., in a successful defense in a class action suit regarding alleged contamination by chlorinated solvents and mixed wastes consisting of chlorinated solvents and radionuclides. Represented Moen Industries in environmental arbitration involving solvent contamination at six industrial sites acquired by American Brands, Inc. Developed upset remediation costs, tocether with a Weston colleague. and presented them in testimony. 1\,1oen*s costs were indemnified by the independent Arbitration panel. Page G or9 xev u6,2OU WA L TER M. LEIS, P.G. CURRICULUM VITAE Senior Hydrogeologist Represented Santa Fe Railroad in a class action claim for groundv.-ater damages resulting from migration of tritium, other radionuclides, and chlorinated solvents. Santa Fe was dismissed by the court based upon the compelling data; Represented National Cash Register, Inc., Potomac Electric, and Man-land National Bank in environmental liability claims involving contamination from old landfills in'-Man1and, Ohio, Virginia, and Delaware. Settled before trial; Represented Browning Ferris Industries and tv,-o other confidential clients in rate hearings before the New Jersey State Utility Commission and in environmental arbitration hearings; Represented Uniform Tubes, Inc., in a successful insurance claim resulting from groundwater contamination by a broad spectrum of chlorinated solvents. Settled at initiation of trial; Represented a large chemical manufacturing company in an insurance claim for original disposal of chlorinated and non-chlorinated solvents at a Superfund site. Settled before trial; Represented an insurance company against a claim for environmental damage dealing with intentional discharges of chlorinated solvents into soils; Represented Lever Brothers in an environmental insurance recovery claim regarding groundwater contamination by organic solvents at 26 sites. Lever Brothers had Potentially Responsible Party (PRP) status in the action. Settled after filing of expert reports; Represented AMP, Inc. in an environmental insurance recovery claim for the MiA-COM Inc. site in New Brunswick, NJ. Opinion limited to reasonableness of costs incurred. Settled before trial. Represented CPCIBestfoods in an environmental insurance recovery claim for 3 plant sites in Northeast U.S. Opinions included contamination history, reasonableness and timeliness of remediation and standards of industrial practice. Settled prior to trial. Publications Leis W. and K.R. Phillipp, 2000, "Tree Rings as Passive Witnesses to Enironmental Contamination." American Academy of Forensic Sciences (chapter for Environmental forensics - in preparation). Haupt, R., Leis, W., Schwartz, F., 2000, "Viscous Barrier Technology the Technical Background:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energv, Results of Peer Review FY 1998 ASME Peer Review Series. Abbot, E., Ballard, J.. Bollag. J.M., Baolin, D., Gillespie. G., Gould, J., Keney..T., Leis, W., :Nielson, K., Raghavan, R.. Reich, C., Sivati7ec, T., 1999, "D LAPL Remediation in Low- Permeability Soils:" Assessment of Technologies Supported by the Office of Science and Technology- & the Department of Energv. Results of Peer Review FY 1998 ASIME Peer Rcvie`v Series. P128-1 ?o. page', of 9 WALTER M. LEIS, P.G. CURRICULUM VITAE Senior Hydrogeologist Haupt. R., Leis, W., Schwartz, F., 2000. "Viscous Barrier Technology Emplacement by Lance Injection:" Assessment of Technologies Supported by the Office of Science and Technoloev & the Department of Energy. Res-Lilts of Peer Review FY 1998 ASNIE Peer Review Series,. Leis, W., 1998, "Forensic Evidence of Ground `'Water Contamination Migration: Use of Tree-Rings Geophysics and Other Direct Evidence", American Academy of Forensic Science, 21St Annual Conference. Leis, W., 1994, "Groundwater Rernediation by Vertical Extension of Unlined Landfills"' (Abstract): Solid Waste Association of North America. Annual Meetine Conference. Leis, W., R. Scheinfeld, R. Ross, and R. Molle, 1994, "Environmental Studies for a Runway Siting:" (Abstract): Association of Engineering Sciences, 1995 Annual Meeting. Bopp. F., and W. Leis, 1993, "Groundwater Contamination - Prevention Still the Best Medicine:" WATER Engineering and Management, 3 p. Leis, W., and F. Bopp, 1993, "Remote Sensing of Soil and Groundwater Contamination:" Instrumentation and Control Svstems, 4 pp. Cornuet, T., K. Hansen, and W. Leis, 1991, "Optimization of a Groundwater Recovery System" (Abstract): American Assoc. Groundwater Scientists & Engineers XIII Annual Symposium. Preslo, L., and W. Leis, 1987, "Site Screening Techniques" (.Abstract): Association of Engineering Geologists Annual Meeting. Leis, W., 1986. "The Use of Non-Invasive Site Screening Techniques for Assessment of Hazardous Waste Sites:" Association of Engineering Geologists News, p. 12-16. Leis, W., 1984, "Contamination of Groundwater, An Assessment of the Problem:" Pennsylvania Bar Institute Symposium on Groundwater Contamination (.Abstract). Leis, AA'., and A. Hatheway, 1983, "Geological Characterization of Hazardous'A'aste Sites" (Abstract): Association of Engineering Geologists Annual lvleetincr Sheedy, K., and W. Leis, 1983, "Hydrogeological Assessment in Karst Environments" (Chapter) in Applied Geomorphology,, Reinhold Publishers. Leis, W., and K. Sheedy, 1980, "Geophysical Location of Abandoned Waste Disposal Sites:" 1980 'rational Conference on Nlanagement of Uncontrolled Hazardous V?'aste Sites. Leis, W.. and A. Metry, 1980, "Multimedia Pathways of Contaminant Mi;ratiom" Water Pollution Control Federation, 1980 Annual Meeting. Leis. W.. and A. 1979, "Field Characterization of Leachate Quality:" Water Pollution Control Federation. 1979 Annual '`Meeting. Pggc 8 of 9 RE%' W,'20W WALTER M. LEIS, P. G. CURRICULUM VITAE Senior Hydrogeologist Leis. W., 1979, "Subsurface Reclamation by Counter Pumping Systems: Geologic and Geotechnical Aspects of Land Reclamation:" ASCE!AEG 1979 Symposium. Thomas. A., and W. Leis, 1979, "Physical and Chemical Rehabilitation of Contaminant Recovery Wells:" Association of Engineering Geologists 1978 Annual :Meeting. Leis, W., and W. F. Beers, 1979, "Soil Isotherm Studies to Predict PCB Migration within Groundwater" (Abstract): ASTM 1979 Annual Meeting, Philadelphia, PA. Leis, W., W. F. Beers, and F. Benenati, 1979, "Migration of PCBs from Landfills and Dredge Disposal Sites in the Upper Hudson River Valley:" New York Academy of Science Symposium on PCBs in the Hudson River. Leis, W., R. D. Moose, and W. F. Beers, 1978. "Critical Area Maps, a Regional Assessment for Karst Topography:" Association of Engineering Geologists 1978 4ruiual Meeting. Leis, W.. V. F. Beers, J. M. Davidson, and G. D. Knowles, 1978, "Migration of PCBs by Groundwater Transport -- A Case Study of Twelve Landfills and Dredge Disposal Sites on the Upper Hudson Valley, 'New York:" Proceedings of the 1st Annual Conference of Applied Resea.cl: and Practice on Municipal and Industrial Waste. Leis, W., D. R. Clark, and A. Thomas, 1976, "Control Program for Leachate Affecting a Multiple Aquifer System, Army Creek Landfill. New Castle County, Delaware:" National Conference on Management and Disposal of Residue on Land. Leis, W., 1976, "Artificial Recharge for Coastal Sussex County, Delavvare:" University of Delaware Press, Water Resources Center. 126 p. Leis, W., and R. R. Jordan, 1974, "Geologic Control of Groundwater Movement in a Portion of the Delaware Piedmont:" OWRR - DEL 20, p.50. Pap 9 of 9 EXHIBIT B PORTION OF DAWOOD ENGINEERING PLAN SHOWING PRE- DEVELOPED SINKHOLES/DEPRESSIONS AND DRAINAGE AREA 2 BOUNDARIES v gGe w ? - - v _ I a C? , ts o - N `IVY + t, J cc ?- fog, ?,. 19 - --•'..? 4?`'`, 1 i J f• Tel fit ' 1 ~ ?? rr CL) ?' t EXHIBIT C STORMWATER CALCULATIONS Curve Number Calculations Runoff Curve Nurnber.:Calculations ?_ Subbas n'2 - Pre-develo oed Condition = Y = -?r Land Use Soil Group CN Area (ac.) % Area meadow B 58 19.49 90.7 meadow C 71 2.00 9.3 Total 59 21.49 100 Runoff_:Curve Nucnbe'r Calculations i31 -i -00, Svbbasin 2 - Post=develo ?ed'Condition': s,? Land Use Soil Group CN Area (ac.) % Area Grass, good C 74 31.6348 42.32 Grass, good D 80 5.1974 6.95 crops, C&C, C 81 18.36547 24.57 crops, C&C, D 85 2.00 2.68 Impervious C 98 16.7449 22.40 Impervious D 98 0.80261 1.07 Total 82 74.75 100 Time of Concentration Calculations Time-of Concentration Caldulations t.•::.':: Subb2sin 2.- Pre-developed Condition - -, Sheet Flow Ground Cover Cultivated Mannin s n 0.06 Length (ft) 100 2- r, 24-hr Rainfall 3 Slope (ft/ft) 0.01 T! (hr) 0.107 Shallow Concentrated Flow Ground Cover Unpaved Length (ft) 1700 Slope (ft/ft) 0.0171 Ava. Velocity (',It/s) 2.1 Tt (hr) 0.225 Total Time (hr) 0.332 Total Time (min) 19.91 Time'of.Concentration Calculations . _:'' Subbasin -2:. Post-developed Condition ,-'- , . Sheet Flow Ground Cover Grass Mannin s n 0.24 Length (ft) 100 2- r, 24-hr Rainfall 3 Slope (ft/ft) 0.045 Tt (hr) 0.178 Storm Sewer Ground Cover Unpaved Tt (hr) 0.11 Total Time (hr) 0.288 Total Time (min) 17.26 Peak Runoff Calculations rPeak._Runo'ff Calculations k Subbasin 2 - Pre-developed- Condition Rossmiller Equation Runoff Coefficient CN 59 Siope 1.67 Impervious Area 0 . Tc (min) 19.91 ency (yr) C.(Rossmiller) ..Intensity...(inlhr) Area-(ac.), Peak Flow (cfs) 1 0.11 2 . 21.49 4.54 2 0.11 2.35 21.49 5.70 5 0.12 F 2.7 21.49 6.15 10 0.13 3.15 21.49 7.61 25 0.14 3.5 21.49 10.64 50 0.15 3.95 21.49 12.93 100 0.17 4.5 21.49 16.01 SUMMARY OF INCREASES IN STORMWATER FLOWS Overestimation Of Predeveloped Flow Storm Frequency ?(Yr) reeeve oped cw _ lgnoring .Sinkhole Loss (cfs)t receveiopea , iew Considering Sinkhole .. Loss (cfs) . uveresamation?o7r r. Predeveloped Fiow"W fi (o s)? 1 19.66 4.54 15.12 2 24.7 5 5.70 19.05 5 31.88 6.15 25.73 10 39.55 7.61 31.95 25 47.10 )0.64 36.46 50 55.21 12.93 42.28 100 65.56 16.01 49.55 Drainage Area = 74.74 acres " Drainage Area = 21.49 acres Underestimation of Postdeveloped Flow Storm Frequency (yr)r_ .? ostoeve ope ow.,? ' Without Soil Category% , -Reduction ?cfs)" ostoeve ope ow Wth Soil Category" Reduction_(cfs)17 - x nderestima ion:o m Postdeveloped Flow; z w ;r =y`?(cfs ;. ` . 1 41.93 48.13 -6.20 2 52.14 59.54 -7.40 5 66.50 75.31 -8.81 10 82.00 92.17 -10.17 25 97.03 108.64 -11.61 50 112.75 125.40 -12.65 100 113.17 146.89 -33.72 Cumulative Increase in Flows Caused by Development 77. Storm - 7 Fr_equency (yr) 777 Cumulative Flow Increase _ (cfs) 7-7 o Increase in -- Stormwater Flow After Development 1 21.32 470% 2 26.45 464% 5 34.54 962% 10 42.12 553% 25 48.07 452% 50 54.93 425% 100 83.27 520% VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preprration of this action. We have head the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. THOMAS R. BEN Y. ) (.??rn? .? . `L 1.11•x. zc ANN E. BENJEY JDate: 5 -L 5 THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 6805 CIVIL TERM SOUTH MIDDLETON TOWNSHIP, CIVIL ACTION - EQUITY Defendant . CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Karl M. Ledebohm, Esq. Richard P. Mislitsky, Esq. 1 West High Street Suite 208 Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus &McKiAPg-htL,I, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: )?. L t 3- 0 0 4 G:MMcKni&hUClirnca.,8enjeylSomh Middleton Complaint PT THOMAS R. BENJEY and IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANI A V. NO. 2005- `1CTVIL TERM r DONALD E. DIEHL, ; CIVIL ACTION - EQUITY - --- Y, _? SUZANNE DIEHL, CD ? . - :- RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 a DEFENDANT'S W EXHIBIT J Q N J J Q Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- CIVIL TERM CIVIL ACTION - EQUITY COMPLAINT IN EQUITY AND NOW, this 10th day of November 2005, comes the Plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY, by their attorneys, Irwin & McKnight, and makes the following Complaint against the defendants, DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL: The Plaintiffs,Thomas R. Benjey and Ann E. Benjey, are adult individuals residing at 546 East Springville Road, Carlisle, Pennsylvania 17013. 2. The Defendants, Donald E. Diehl and Suzanne Diehl, are adult individuals residing at 110 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Defendants, Raymond E. Diehl and Genevieve A. Diehl, are adult individuals residing at 315 Myers Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. The Defendants have filed a subdivision and land development plan with South Middleton Township which is now known as the Netherby Development. 5. Said lands adjoin the property of the Plaintiffs. 3 6. Pursuant to their plans, the Defendants submitted stormwater plans to manage the storm water created by the Netherby Development. 7. Beginning in 2004 and continuing in 2005, the Plaintiffs have experienced excessive stormwater on their lands with the alarming development of sinkholes on their land. 8. The Plaintiffs hired Liberty Environmental, Inc. to inspect the site and examine the stonnwater plans and implementation of those plans by the Defendants with regard to the Netherby Development. 9. The experts, James P. Cinelli, P.E., and Walter M. Leis, P.G., on behalf of Liberty Environmental, Inc., have prepared a report, a copy of which is attached and marked as Exhibit "A" and is incorporated by reference and made a part of this Complaint. 10. The report finds serious deficiencies in the stormwater plans and implementation of those plans by the Defendants. 11. The report finds that the Netherby Development significantly adds to the stormwater directed onto the lands of the Plaintiffs, and finds that the sinkholes are caused by the excessive stormwater created by the Netherby project. 4 12. The expert report also makes certain recommendations to correct the stormwater problems created by the Defendant's Netherby project. 13. The Plaintiffs seek the following relief. A. Injunctive relief by the Court which prohibits the Netherby project from proceeding until its stormwater plan is updated and corrected and remedies applied to the lands of the Plaintiffs. B. That the Defendants be directed to install a new storm sewer line which conveys the stormwater flow beyond the Plaintiffs property. C. Take additional remedial actions on the Netherby site to increase the amount of water detained on the property. D. Repair and correct any sinkholes which have developed on the lands of the Plaintiffs and commit to repairing any new sinkholes which are created on the lands of the Plaintiffs. E. Reasonable expert costs and legal fees and expenses of the Plaintiffs for this action as well as time required to implement the above remedies. WHEREFORE, the Plaintiffs, Thomas R. Benjey and Ann E. Benjey, seek relief as set forth above in addition to any other remedies which the Court deems appropriate in this case. Respectfully submitted, IRWIN & By: Marc A. lY?*t, III, Esquire 60 W It Pomfret,eet Carlisle, PenrisyKania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs, Thomas and Ann Benjev Date: November 10, 2005 5 EXHIBIT "A" EXPERT REPORT for FLOODING AND SINKHOLE DEVELOPMENT at the THOMAS AND ANN BENJEY PROPERTY 546 EAST SPRINGVILLE ROAD SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA Prepared by: James P. Cinelli, P.E. and Walter M. Leis, P.G. Liberty Environmental, Inc. 10 N. 5T" Street, Suite 800 Reading, PA 19601 Liberty Project No. 050129 July 1, 2005 Expert Report for Flooding and Sinkhole Development at the Thomas and Ann Benjey Property 546 East Springville Road, South Middleton Township Cumberland County, Pennsylvania This report was prepared by Liberty Environmental, Inc. under the direct supervision of Mr. James P. Cinelli, P.E. and Mr. Walter M. Leis, P.G. The opinions expressed herein are based on a reasonable degree of scientific certainty. s P. Cinelli, P.E. Date 7 / /,015- f--7 Date By affixing my seal to this document, I am certifying that the information is true and correct. I further certify I am licensed to practice in the Commomwealth of Pennsylvania and that it is within my professional expertise to verify the correctness of the information. Principal Consultant Senior Hydrogeologist TABLE OF CONTENTS 1. INTRODUCTION .............................................................................................................1 2. PURPOSE AND SCOPE ...................................................................................................4 3. SITE SETTING .................................................................................................................5 4. EVALUATION METHODOLOGIES AND FINDINGS ..............................................6 4.1 SITE INSPECTION .............................................................................................6 4.2 TOWNSHIP ORDINANCE REVIEW ................................................................7 4.3 REVIEW OF REPORTS AND PLANS FOR NETHERBY SUBDIVISION ....9 4.3.1 Environmental Assessment Report ......................................................................9 4.3.2 Stormwater Management Report and Development Plans ................................11 4.4 RUNOFF CALCULATIONS ............................................................................12 4.5 REVIEW OF GEOLOGIC MAPS ............................................................. ..15 5. OPINIONS .......................................................................................................................17 6. REFERENCES ................................................................................................................20 LIST OF FIGURES Figure I Recent Sinkholes on Benjey Property ................ .............3 .................................................. Figure 2 PA Topographic and Geologic Survey Karst Map ..........................................................16 LIST OF EXHIBITS Exhibit A: Curriculum Vitae Exhibit B: Portion of Dawood Engineering Plan Showing Pre-Developed Sinkholes/Depressions and Drainage Area 2 Boundaries Exhibit C: Storrnwater Runoff Calculations 1. INTRODUCTION Liberty Enviroivnental, Inc. (Liberty) was retained by Thomas and Ann Benjey to perform a technical evaluation of flooding and sinkhole development problems that have been occurring on their property since the development of the "Netherby" residential subdivision Further, Liberty was requested to determine if these problems and resulting damages were caused by the construction of the subdivision, and if the damages could have been avoided by the developer. The individuals conducting this evaluation were James P. Cinelli, P.E. and Walter M. Leis, P.G. The full curriculum vitae of Mr. Cinelli and Mr. Leis are presented at the end of this report in Exhibit A. Liberty's evaluation included a revieNv of plans, maps, reports and calculations for the Benjey property and the Netherby subdivision. The findings of the evaluation, as well as our opinions concerning the flooding and resulting damage, are detailed in this expert report. The opinions expressed herein are based on a reasonable degree of scientific certainty. The Benjey property is 14.6 acres in size, and is located at the located at the northwest corner of the intersection of Lindsey Road and East Springville Road in South Middleton Township, Cumberland County, Pennsylvania. The property has, since its first habitation, been primarily a residence with surrounding agricultural land. The property is situated immediately downgradient from the Netherby subdivision, which is a single-family residential development encompassing 58.6 acres. Phase 1 of the subdivision, which encompasses 10.2 acres, began to be constructed in September. 2003. Consequent and coincident to the construction of the development, increased stormwater runoff has been observed on the Benjey property, resulting in flooding of portions of the property. Also, a series of sinkholes has developed on the Benjey property in a pattern that causes concern to the property and the residence situated thereon. The flooding and sinkhole development are a significant threats to safety and property, and thus require mitigation and long- term maintenance. The locations of the flooding and the most visible sinkholes are sihown in Figure 1. The sinkholes, it must be stated. Nvere only activated after construction activity was begun on the Netherby development. The sinkholes located in Figure 1 were confirmed in the field by a walkover inspection of the property by representatives of Liberty and Mr. Benjey. This walkover was conducted on June 1, 2005. There are also other areas on the Benjey property where sinkholes are being activated by subsurface drainage or runoff but are not yet open. The active sinkholes identified in Figure 1 opened between 2004 and 2005. It can be seen that these sinkholes are "walking" in a direction that points toward the Benjey residence and outbuildings. 2 Figure 1 Recent Sinkholes on Benjey Property ` .. r 1.tLf• [i `: ray ?.r-..Y.. •?' t?, iv Notes.. , ..? µ 1 Sinkholes 1- - 3 opened up in 2044 P 2. Sinkhole 4 opened in 2005] r mcw4 , `/ av 1 1.OJ?? r s. ? 160 Ir ucet, Stook • = cr « i t a. .Np. ? ! _: lQ f + r? F :: ? , r;c?i ask a? ay '4 : 3 ? 1 'a ' ?s r i? E 13' from edge at sewer elsement ?!?.= , '"¦r?• ' } _..__ a ; + • ?iJJ Oho , y.r e. 2 f C + ` a, ..fe s i p/txict7ed OAdkoWy ? ? $ ?B' Irorai carttrr?ifr ? wor. ? ''Tr b ? N .• r aw?eo!? ••? ?' ? j!r? "' ? - " lb ??• nr-tr9v o? n?'t?'rts . *?{ ? 11 ? ? t y. ?' r _. - .S• L3L [' M ??. A':?a c i?L` ?!'. ` - - ... i:.,OC.?k?G/ ?'f?" ? ' 1 r ell W1 zaal6w, r t E aM. 107 a ra*,.to i `?++~ re'Y ctrfwav Jrgci r c. w. ..,. Lindsey Rood T--5j 7 ?r. i t No Scale 2. PURPOSE AND SCOPE In order to prepare this report, Liberty conducted research and field inspection activities to determine the following: ¦ What is the cause of the flooding that has been observed on the Benjey property since the construction of the Netherby subdivision? ¦ What is the cause of the sinkhole development that has been observed on the Benjey property since the construction of the Netherby subdivision? ¦ What is the likelihood and possible magnitude of future flooding and sinkhole development on the Benjey property? ¦ What can be done to correct the existing flooding and sinkhole hazards on the Benjey property? Specifically, Liberty completed the following tasks: ¦ A visual inspection of the Benjey property and Netherby subdivision. • A review of the drawings, reports and design calculations for the Netherby subdivision. • A review of South Middleton Township ordinances. • A review of publications regarding stormwater runoff in karst areas. ¦ A review of geologic maps for the site area. • Preparation of an expert report documenting the findings of the inspection and research, and providing expert opinions addressing the questions listed above. The results of these tasks are detailed in the following sections of this report. 4 3. SITE SETTING The Benjey property is located at the northwest corner of the intersection of Lindsey Road and East Springville Road in South Middleton Township, Cumberland County, Pennsylvania. The property is occupied by a two-story residence, a barn and several outbuildings. The residence and other structures are all located on the southeast corner of the property. The remainder of the property is primarily used for growing hay. Two sanitary sewer easements intersect the property. The property is adjoined to the west and north by the Netherby (formerly "Ashton") residential subdivision. The entire subdivision is to include 113 single-family residential lots. Phase I of the subdivision, which includes 16 lots, has been under construction since September 2003. At the time of the site investigations performed by Liberty, 11 homes were either constructed or under construction. Stormwater runoff from approximately 49 acres of the Netherby development discharges to the Benjey property. Approximately 47 acres discharges to a detention basin located along the east side of the development. The detention basin outflow first crosses a property owned by George and Grace Steigelman, and then flows onto the Benjey property. Approximately two acres of the Netherby development, which includes lots 1 through 4, discharge directly to the Benjey property. The entire site area that encompasses the Netherby subdivision and the Benjey property is underlain by the Elbrook and Zullinger geological formations. The engineering characteristics of these formations are described by Geyer and Wilshusen as follows: ¦ Elbrook Formation: "Light gray, finely laminated, siliceous limestone with interbeds of dolomite and chert ...Thorough investigations for sinkholes and pinnacle... surfaces should be undertaken." ¦ Zullinger Formation: "Interbedded medium-gray limestone and dolomite. Thorough investigation for solution cavities should be undertaken." 5 4. EVALUATION METHODOLOGIES AND FINDINGS The above-mentioned tasks were conducted by Messrs. Cinelli and Leis, or under their direction. The methodologies followed and the findings of the evaluation are presented in the following sections. 4.1 SITE INSPECTION On May 18, 2005, Mr. Cinelli performed a walkover inspection of the Benjey property. A second walkover inspection was conducted by both Mr. Cinelli and Mr. Leis on June 1, 2005. Significant observations from these site inspections were as follows: 1. Stormwater from the Netherby subdivision flows overland across the Benjey property until it meets an 18-inch diameter corrugated metal culvert that runs beneath East Springville Road. The culvert conveys stormwater flows from the Benjey property to a farmed property on the east side of East Springville Road. Grass in the low area on the Benjey property that adjoins the culvert was observed to be sparser than other grassed areas of the property. This is common in areas that experience water inundation. 2. Road widening was recently performed along Lindsey Road from its intersection with East Springville Road to the Netherby subdivision. According to South Middleton Township officials, the road was widened approximately two feet. 3. The June 1, 2005 walkover identified several large active sinkholes on the Benjey property. It could be seen from the root structures of plants growing near the active sinkholes that a number had opened up in the summer and fall of 2004 because stems and roots of last year's plants were the only plants exposed on the soil prisms that formed the sinks. Other, smaller sinkholes were observed to have opened more recently since plant stems and roots contained in the soil prisms were apparently from this current grooving season, since the exposed roots and stems were actively growing. While conducting the survey, Liberty located other potential new sink areas that, while showing the characteristic "ring" structures of cracks in the soil, have not yet opened up and dropped 6 from 2 to 7 feet, as seen in the others. Liberty advised Mr. Benjey not to walk or cross over any active or "incipient" sink zones. Many of these sinks were coincident with the recently, installed sewer connection line and residential development construction. No drawings or subsurface information was provided to determine whether any sinkhole zones were encountered during construction of the sewer line. 4. No sinkholes or depressions were observed in the Netherby subdivision during either walkover. 5. Roof drains from the houses on Lots 1 and 4 were observed to discharge to subsurface infiltration trenches. 4.2 TOWNSHIP ORDINANCE REVIEW Liberty reviewed the following South Middleton Township ordinances: 1. Land Development Ordinance No. 1 of 2001, Article VII: Site Planning and Design Requirements (January 2001). 2. Land Development Ordinance No. 1 of 2001, Article X: Special stormwater Management Planning and Design Requirements (January 2001). Section 710 of the Site Planning and Design Requirements contains a number of requirements for stormwater management facilities on developed properties. The following paragraphs highlight specific sections of the ordinance and our responses to whether the design of stormwater management facilities that were designed for Netherby subdivision meet the requirements of the ordinance. ¦ Section 710.c.(3): "...Post-development drainage patterns shall simulate pre-development patterns." The direction of stornni,ater flow does not change significantly betm,een the pre- development and post-development conditions. However, Drainage Area 1, ivhich flows toicard the natural depression in the rear of the Benjey property, (ii here sinkhole development has been occurring), was reduced in size between the pre-and post-developed conditions. Furthermore, infiltration devices that were installed at some of the hones in this 7 drainage area reduce the volume of storm»,ater runoff, as they „were designed to completely infiltrate the 2-year/24-hour design storm. ¦ Section 710.c.(4)(a): "Runoff Capture Design Storm - The net increase in the 2-yr/24-hour frequency storm shall be infiltrated through BMPs...In areas underlain by limestone, BMPs for infiltration shall be designed to simulate the natural infiltration rate on the site prior to development. Dry veils and infiltration trenches shall be prohibited in limestone areas." Despite the ordinance's clear prohibition on the use of infiltration trenches in limestone areas, these were added to the development's stornmiater facility design as evidenced by a fax from Dawood Associates to South Middleton Township dated,4pri1 12, 2005. The use of infiltration trenches was observed at the constructed homes on Lots 1 and 4 during the walkthr•ough. • Section 710.c.(4)(c)(i): "Permanent control measures/facilities shall be designed to assure that the maximum rate of stormwater runoff is not greater after development than prior to development at all points of discharge from the subject site for design storms of 2, 5, 10, and 25-year return frequency storm events." The stornnwater management facility design included an assessment of pre- and post-developed flow rates, and design of storinwater detention facilities aimed at reducing post-developed peak flow, rates to below the pre-developed-flow rates. However, as noted below in the review of the plans for Aletherby subdivision, the pre- developed drainage area was grossly overestimated because the loss of suiface water to sinkholes and%r depressions Was ignored. ¦ Section 710.c.(4)(c)(v): "Calculations of the post-development peak discharge shall assume that all areas being disturbed during construction will be reduced by one Hydrologic Soil Group category level (e.g. HaB is reduced to HaC, etc.)" As noted below in the review of reports for the Aretherby subdivision, this requirement was not met in the developmeni's storrnivater management plan. 8 4.3 REVIEW OF REPORTS AND PLANS FOR NETHERBY SUBDIVISION Liberty reviewed the following reports and plans for the Netherby (Ashton) subdivision: 1. Environmental Impact Assessment Report, Fisher Mowery and Rosendale & Associates, Inc., April 2000. 2. Stormwater Management and Drainage Study and Erosion and Sedimentation Control Plan, Terry L. Fought, P.E., April 2000. 3. Proposed Grading/Utility Plan (Drawings 3 of 9 and 4 of 9), Dawood Engineering, Inc., April 24, 2003. 4. Inlet Drainage Area Maps, Dawood Engineering, Inc., December 20, 2002. 5. Erosion and Sedimentation Plan and Details, Dawood Engineering, Inc., December 20, 2002. A brief summary of these documents and findings of our review of the documents are summarized in the sections below. 4.3.1 Environmental Assessment Report The Envirommntal Assessment (EA) was conducted in accordance with section 714 of the South Middleton Township Land Development Ordinance. As part of this Environmental Assessment, a geophysical contractor, Enviroscan, Inc., was contracted to, presumably, identify and locate potential geological hazards for the Netherby subdivision and, by inference from the ordinance, identify such impacts on the client property and properties adjoining. The primary author of the Environmental Assessment was, further, required to identify potential impacts and propose mitigation or alternatives to mitigate the impacts. The EA was to answer specific questions regarding site conditions as they relate to environmental impacts. This EA was completed as a response to the ordinance requirements and, while it lists responses to each requirement of the ordinance, it is for the most part, silent concerning even the presence of karst features. We are in the following paragraphs highlighting specific sections of the EA and our responses to whether the EA contractor had provided the necessary detail concerning the required information or conclusions. 9 ¦ EA section 714A (4). The requirement herein is for a detailed identification of the physical resources including a narrative of the qualitative and quantitative aspects of the resources mentioned. [TVhile 110 real discussion of site e11111•017177ental resources it-as presented, the EA contractor provided the geophysical h7vestigation report as an appendix to the EA ivith no narrative of the significance of the report's findings. Enviroscan completed a slgnl lcant amount of detailed geophysical work and located rock structure, inte?preted regolith thicknesses, and incipient sinkholes identified as soil pipes. Liberty feels that the lack of discussion indicates that the EA author did not understand the significance of the data that was presented.] ¦ EA section 714.d(15). This section requires the author of the EA to discuss the environmental effects, both positive and negative, that the proposed development would cause, and the expected duration of these effects. [These effects are usually termed environmental "impacts ". The EA states, in eery brief terms, that the "existing area does not possess any special amenities that ii,ill be disturbed by conversion front agriculture to housing. " There is no discussion at all concerning negative consequential effects as required bt' the ordinance, even rhough the geophysical report is quite complete and displays the potential for karst features to develop. In fact, on page 2 of the Enviroscan report there is presented a notijlcation of potential sinkhole problems caused by concentration of storniwater and/or excess infiltration. This is clearly an oversight by the EA contractor]. ¦ EA section 714.d(16). This section requires the EA to contain an alternatives analysis described in narrative form that would "...preclude, reduce, or lessen potential adverse impact or produce a beneficial result." [In this section the preparer of the EA simply and (rather brusquely) stated that, "Building or no building" are the only alternatives. Liberty does not interpret this section as an "either-/ or " for the project, but rather a detailed discussion of an analysis of the alternatives that would mitigate any, karst-related irnpacts. Hoti+,ever, not having even discussed the potential karst problems that ivere presented by the geoplysical studs,, leads us to believe that these ni!o tasks IVel-e completed in a non-interdisciplinary .fashion and, purposely, 170 irformatioll W-as derived from the geophysics to be included 10 within the EA. It ii,as noted that the geophysical survev tivas completed almost three years prior to the E4 and its significance leas not shared with the EA contractor]. • EA section 714.d(17). This section asks for a detailed discussion regarding adverse environmental impacts. [The preparer of the EA largely missed the meaning of this requirement. In fact, the E.4 only discussed potential responsibilities of the Touviship to ii iden roads, provide.Tre and police services. The prepare?- totally disregards the potential for sinkhole collapse, and the other hazards that karst presets, such as ground ii,ater effects and building damage.] ¦ EA section 714.d(18). This section requires a discussion regarding mitigation of any adverse environmental effects. [Since the E4 is totally silent on the fact that karst features represent a serious environmental concern, such a discussion ivas completely overlooked. The EA does not consider the soil and geologic conditions that pertain, and no discussions or plans are presented to consider holy the sinkhole problerns can be avoided or mitigated Consequently, the sinkhole conditions, as presently seen, are occurring and may continue to occur- unless mitigation is undertaken by the developer]. 4.3.2 Stormwater Management Report and Development Plans A review of the dra%vings prepared for the Netherby subdivision by Dawood Engineering, Inc. revealed a significant drainage feature that was not incorporated into the stormwater facility design for the development. This is the presence of four topographic depressions within Drainage Area Z. Two of the depressions are quite large, with depths of approximately two feet and five feet. Prior to development, these depressions would have intercepted stonmwater runoff from approximately 44.23 acres. The Stormwater Management and Drainage Study prepared by Terry L. Fought did not consider the effects of these depressions on pre-developed stormwater runoff, despite their size and significant contributor}? drainage area (Fought estimated the size of pre-developed Drainage Area 2 to be 74.75 acres). It is known from hydrologic studies and published literature (Aron, et al, 1981) that in karst areas, a significant amount of stormwater in undeveloped areas is lost through infiltration. It is common practice to account for these losses by either excluding the portions of the drainage area that flow to sinkholes and depressions in the pre-developed drainage area, or to use a correction factor, typically between 0.33 and 0.5) to reduce the pre-developed floe- rates that is predicted by common hydrologic models such as TR-55 and the rational method. No consideration of the loss of pre-developed runoff to sinkholes and depressions was included in the stonnwater management facility design for the Netherby subdivision, resulting in a significant under-design of stonnwater detention facilities. This under-design is quantified in the runoff calculations detailed below. The locations of the sinkhole/depressions are shown in Exhibit B. Another oversight in the Stormwater Management and Drainage Study, as noted previously in the ordinance discussion, was the omission of the requirement to reduce the Hydrologic Soil Group of disturbed soils from the pre-developed to the post-developed conditions. The curve numbers shown for the pre-developed and post-developed conditions in Attachment I of the Stormwater Management and Drainage Study indicate that the same soil groups were used in the development of the pre-developed and post-developed weighted curve numbers for the drainage areas. Therefore, the post-developed flows were under-estimated, and thus would result in an under-design of stormwater detention facilities for the development. 4.4 RUNOFF CALCULATIONS Drainarte Area 2 In order to determine the correct pre-developed and post-developed stonnwater flow rates and quantify the degree of over- or under-estimation of these flow rates in the stormwater management facility design, Liberty delineated a revised pre-developed drainage area which excludes the area that drains to the four sinkhole/depressions that were indicated on the Dawood Engineering, Inc. design drawings. It was detennined that the two large sinkhole/depressions intercept an area approximately 43.73 acres, and the two smaller sinkhole/depressions intercept an area approximately 0.5 acre, for a combined intercepted area of 44.23 acres. The resulting drainage area that actually makes up Drainage Area 2 is 21.49 acres in size. This is significantly smaller than the pre-developed drainage area of 65.72 acres that was incorporated in the 1'? stormwater design calculations, resulting in a gross overestimation of pre-developed runoff rates. An outline of our revised boundary for Drainage Area 2 is depicted in Exhibit B. As indicated previously, the storinwater calculations for the Netherby subdivision failed to account for a change in the Hydrologic Soil Group between the pre-developed and post- developed condition, resulting in an underestimation of the post-developed flow rates. As an example, the curve number for good-condition grass in B-tIVpe soils should be increased from 61 in the pre-developed condition to 74 in the post-developed condition. Another development impact that resulted in a change in curve number was the removal of a 400-foot long row of deciduous trees on the Benjey property to install a sanitary sewer line. Using corrected values for the pre-developed drainage area size and the post-developed curve numbers, Liberty calculated the correct pre-developed and post-developed runoff rates for Drainage Area 2. A summary of the flow adjustments and overall difference between the corrected flow rates and those used in the Netherby subdivision design calculations, is presented in the tables below. A detailed summary of the flow calculations is provided in Exhibit C. Overestimation of Predeveloped Flow Storm Yv Frequency'' k r =: Predevefoped Flow ', Ignoring 5inichole Lgss ???' cfs Y -Predeveloped Flow Considering Smkhoie FLoss' cfs Overestimation of Predeveloped low cfs 1 19.66 4.54 15.12 2 24.75 5.70 19.05 5 31.88 6.15 25.73 10 39.56 7.61 31.95 25 47.10 10.64 36.46 50 55.21 12.93 42.28 100 65.56 16.01 49.55 * Drainage Area = 74.74 acres " Drainage Area = 21.49 acres 13 Underestimation of Postdeveloped Flow Storm Frequency r Postdeveloped Flow Without SoifCategoryi Reduction" cfs * Postdeveloped flow' With Soil Category. Reduction rcfs " Underestfmatiori of Posfdevelgped'Flow " i cfs 1 41.93 48.13 -6.20 2 52.14 59.54 -7.40 5 66.50 75.31 -8.81 10 82.00 92.17 -10.17 25 97.03 108.64 -11.61 50 112.75 125.40 -12.65 100 113.17 146.89 -33.72 Cumulative Increase in Finws Caiman by navainnmant Stoern t=Cumulative Flow ' ^ g =°jo 1nc ease Frequen cy ?_ Increase" w 5tormwater Flow After c e ? MaF (Yr ,<kr? K cfs ;fir. k s :?.. Qevelo ?mnt 1 21.32 470% 2 26.45 464% 5 34.54 562% 10 42.12 553% 25 48.07 452% 50 54.93 425% 100 83.27 520% Drainage Area 1 Dawood Associates submitted designs for infiltration trenches for individual lots that takes into consideration the increase of impervious area from each home that is constructed. The purpose of these infiltration trenches was presumably to reduce the post-developed flow volume to the pre- developed flow volume for the 2-year/24-hour storm event. However, the change in soil group and resulting increase of curve number following development was not considered, and accounts for a significant increase in storm1water volume. Eliminating the building areas in post-developed Drainage Area 1 (since their areas are infiltrated), Liberty performed pre- and post-developed storm1water volume calculations for the drainage area. These calculations account for the change in hydrologic soil group. It was determined that an increase of approximately 2,456 cubic feet of stormwater volume occurs as the result of development of this drainage area for the ?-year/24- 14 hour storm event. This increase in volume from high-frequency storm events is a contributing factor in the development of sinkholes on the Benjey property since the construction of the Netherby, subdivision began. 4.5 REVIEW OF GEOLOGIC MAPS Liberty reviewed the Carlisle, PA quadrangle map of the Sinkholes and Karst-Related Features of Cumberland County, Pennsylvania (Open File Report 8902, W.E. Kochanov, 1989), published by the Pennsylvania Bureau of Topographic and Geologic Survey. The map identified potential and active karst features including sinkholes, soil depressions, "ghost lake" caverns, rock pinnacles and circular soil tonal variations consistent with karst topography. In this map, Kochanov had located a number of karst features on surrounding properties (see Figure 2). Two closed depressions were mapped on the east side of the Benjey property, and no karst features Nvcre mapped on the west side of the property. This is interpreted to mean that for the time period in which aerial photos were available to develop the map (mid 1930s until 1989), there were no active sinkholes on the Benjey property. From discussing this with Mr. Benjey, he was aware of only one recent sink area on his property since that period (presumably associated with the drought of 1999-2002). However, since the Netherby development has been under construction beginning in September 2003, at least five active sinkholes have formed and a number of other incipient sink zones were noted on the Benjey property in the field visit of June 1, 2005. One of the five sinkholes that developed on the Benjey property was reported to be approximately 20 feet wide and five feet deep. This sudden appearance of sinkholes is, in our professional opinion, related to construction activities at the Netherby subdivision. 15 Figure 2 PA Topographic and Geologic Survey Karst Map T,ti tlr •, R Iii t 1 ©rr y Y??v. A f r )(Cr ?7.-_ r 7," 4 •F?' ! ? r ,. ?' = • ? "i.i `(,..,?""r `^` ? -tip ? rl' tjt ra'm' ?? ?? l ?'• .--- ?`' • ? ! t ' ?--, __? {'r ? { 40 0 ,6 J1 419 1=7 ' f ;?s*,.r r r,®,.++e a?;, :?1z'^?.: ter' Off, x s_ Y 7, • L 117/ -Z XOZ ,? i 1 r r L>? T:°•, , `,-.. •' rw?' - ??/ s? i1 4Y'•?1 -i, ice.' \?x?C?s _ r A?• 'I .?` ?;/ T:3• x;? •??? -r J f y r-4 Netherby Subdivision - Benjey Property ' g3c 1 1/ y I ? ? _ ? ?,,,.?• ( ? ?5?? t \ *?' 4" ?,,??..?M V- ??.. f(r:,r?`L.(3 ? ??r. -1 ` ? 11 ?; , -Ny n 1 i i 1 S79'f a „ '.+ , ?.,_?.?1' ? )t ? 1`. ? ?- , :?_• ? .ti?.,'+Jj J r ' N 166 F i,r _7 j 4 _ ^ { i `ems _ ?' - t • .. f?' • .?- . JIM "• ?f ??.•_ ' ',`?, ? r ?-i" 0\ •f!0 ? l - -? ?? •?r ,,....? __...> L'?,,, ?,..??' f ? •, .,? •.•.a 3.. ,?t .r.? ; . `F?) 1 / , ???C?? y' ?'?` ?,?? j I r. -_ i ?..?1+"')a ? 1? --:" ?= -- _l® f? r, rt-F'% ? `?..?';}? ?? ? ,1 '?•?... .,,??s,? :r a ? / -t ? ` '" -•, ? ,,!`t;, x ca? ? i/T?' .. ~''?.1 _ ? ?' ?.-` : F ..- ? - ? ? ti ? '?,?\ +?.p,?,s: ,f+H ?d4? ; .? j? 1 (` 'l`am.. -' f ?.ri -,. L ?l' -' • Y ?,' i? i !t ?? ,`' fie` .. ?., .y, ?.r f 0?'? ? ? ®© ? r ? ? is ? t r,..i.?:_.?r -? , J??? t s' 1 ?? `) f ' r ?? t -? W?i 'IV w-iii r y ;-? ' J -'"''t+- ?"" 1 'K3 • I 1 ?.> , ` _ ??-? ter' ?S?tioal4 rl7wQlM ' l? .`` "R `? ,+ ,? ??,,,? `? l3•?•' f.?i J?I , ''r' ?,^'?.' ? y t ` ? ,\ ,a_ :.l`.pF '` .,, ,..- '? 1 ? 1 • ?: p-?...r~ ?r?•-- ???? be ©? 16 5. OPINIONS In our expert opinion, based on a reasonable degree of scientific certainty, Nve opine the following: 1. Sinkhole Development: The problem of the activation of sinkholes on the Beniey property is one that was foreseeable and, for the most part, addressable by the developer of the Netherby subdivision. It is our opinion that karst impact should have been included in the EA and mitigation measures should have been addressed during the site development design stage. The EA was of little use to provide such information, although EA Exhibit No. 3 (the Final Geophysical Survey by Enviroscan, Inc.) certainly provided as much detail as would be required to complete a thorough assessment of sinkhole hazards with necessary Environmental Impact Analyses and Mitigation Analyses. The maps I through 4, included as exhibits within the geophysical survey report, contained enough detail to identify the fact that sinkholes, if activated, would become a problem for this project area. The geophysical report presented conclusions consistent with the scientific data that land disturbance in this area could predictable cause the formation of sinkholes. This data was presented to the author of the EA in a very generous time frame; the geophysical survey being completed almost three years prior to the EA. However, the EA was completely silent on the entire subject of environmental impacts related to karst. This was a serious oversight, since building construction has already begun, and street and utility construction is completed. Our concerns are primarily focused on the dwelling and the outbuildings of the Benjeys. If their property remains in agricultural use, we feel that the developer can, until the area is completely stabilized, conduct karst remediation on a sinkhole-by-sinkhole basis using accepted mitigation techniques. However, sinkholes that occur near the house and outbuildings can cause major structural failure to a house that is a historical artifact and represents a genre in Pennsylvania German architecture of the 18"' and 19?" centuries. Needless to say.. Liberty is similarly concerned about potential sinkhole damages to the very houses and streets at the Netherby development since. apparently little, if any, mitigative measures were discussed, proposed, or planned for this project. 17 2. Flooding. The plans prepared by Dawood Engineering clearly indicate the presence of sinkholes and/or closed depressions in Drainage Area 2 of the Netherby subdivision property prior to the start of construction. The failure to incorporate the losses of stormwater flow to these features in the storm water design calculations for the development significantly overestimated pre-developed flow rates, resulting in significant under-design of stormwater management facilities, since these features were backfilled during site development. Furthermore, the failure to account for a change in hydrologic soil group between the pre-development and post-development conditions, as required by Township ordinance, resulted in an underestimation of? post-developed stormwater flows from the development. The combined result of these errors resulted in an increase of up to 562% of stormwater flow after development, despite the installation of stormwater detention facilities. In addition to the increase in runoff in Drainage Area 2, Liberty's calculations indicate that an increase in stormwater volume occurs in Drainage Area 1 for the high-frequency 2-year/24-hour storm event, despite the installation of infiltration trenches on the lots in this drainage area. This is due to the design engineer's failure again to account for the change in hydrologic soil group between the pre-developed and post-developed condition. The resulting volume increase for the 2-3,ear/24-hour storm event is 2,456 cubic feet. This drainage area drains to the area on the Benjey property where sinkholes have recently developed, and the increased volume is a contributing factor to the sinkhole development. 3. Remedies. One or a combination of the following remedies should be immediately implemented to correct the flooding and sinkhole problems that have been created on the Benjey property from the construction of the Netherby subdivision: a. Stornmwter 11"olume Reduction in Drailage Area 1: Increasing the capacity of the existing infiltration trenches, and/or adding additional infiltration structures, would appear to be the most feasible methods to restore the volume of runoff from the 2-year/24-hour storm event to below the pre-developed condition. Other volume reduction methods, such as capture and reuse or increased evapotranspiration, are not likely to be feasible for this area. One feasible 18 -? __? C>> IND C ) ..nR'S! tllY In ^' t R ?. [l,2 Yy ?.' {t ti ?r;` '+`. ?` Q to 0 0 C? 0 C) O : 4 -50' 40 Ty), W (Di (D 0 ' 1 4 '0 '(D ul 77 Ti j ? t N tt) 9 = ? ? ? + 511 ??~ w ? ? l a l1 i,?' ` O ) tW:!!K?SC?A IONAF l/o y n.9 1 I, ?4.)?h1 ? 1 ? i ?; r? • J t ?p *07 11'Zj.IQQ?13N 700,7 7v ., a F• I '? a ..?ISi+C3?7 C? 1 ?i. -?r"''.?..r M ?i. 4?•IOS 'c,?s ... r7s '_ - ;:, ?e o? •, : { ? ?'QSl , •.»', e? ,t4?t?d Y:: (Y) 1 F• ?`or ? ?_ t, ?? ? F oft Ilk ° ,! . 10 " 1 r• 'u Z.p i ,.. 1 (t r + { -• ' 1 1 1 •..?..1 ! ?.•l _..._? . '? `r t? 11,20000 (' ^ rCT-, , 99,7 a_" t' i._ _`,-` ... .:??VM{.'?1D•4'. ?;. ..._....:t , l.? ... ?t ?.. 17^x. .?e.l? / . - .... -1 J `•. { 1t?v ? ~tt .?^? t :?. ? 1 f 1_ 1 ?* f'?I,fJ1'/1i/? r<lfff'r4fi... G ? ?? t ?{ - ^' I 1 l I ..r. •' ..? .•.. -' -. a r; X 41 ' -3 r J CM) M- 15 ui? L-1 Poo alternative may be to convey all or a portion of the stonnwater flow from Drainage Area 1 to a location beyond the Benjey property via a new stone sewer line. b. Stornn-vater• Flow Reduction in Drainage Area ?: Providing additional stonnwater detention, either by increasing the size of the existing detention basin or adding additional detention basins within the Netherby subdivision, appears to be the most straightforward method to reduce post-developed stonmwater flow rates to the pre-developed rates. Minimizing the amount of impervious coverage in future construction in the development could be combined with additional detention to achieve stonnwater flow reduction. One alternative to increased detention that should be considered is conveying the discharge from the existing detention basin through the Benjey property via a new storm sewer line. This new stonn sewer would 'likely need to be terminated at a point on the east side of East Springville Road. A second alternative that may be feasible is re-excavating the two large original sinkholes in the Netherby subdivision and creating inverted filters within them. If their stonnwater capture potential can be restored, the increase in stonnwater runoff could be mitigated. This alternative would likely require deed restrictions, engineering controls, and a maintenance agreement. c. Contingency Plan: The developer of the Netherby subdivision should develop a plan to address future karst failures on the Benjey property. The plan should commit the appropriate resources to respond to karst failures in a timely manner during construction of the Netherby subdivision and for a specified time period following the completion of construction. The preparers of this report reserve the right to amend this report, including the opinions. upon receipt of additional data that is pertinent to the site. 19 6. REFERENCES 1. Aron, G., et at, Procedure for PSU-IV for Estimating Design Flood Peaks oil Ungaged Pcnnsj.,lvania ff atersheds, 1981. 2. Geyer, A. R. and Wilshusen, J.P., Engineering Characteristics of the Rocks of Pennsylvania, Pennsylvania Geological Survey, Environmental Geology Report No.l, 1982. 3. Kochanov, W. E., Sinkholes and Karst-Related Features of Cumberland County, Pennsylvania (The Carlisle Qudrangle), Open File Report No. 8902, 1989. 4. Laugland, J., Stornnwater Management Design in Karst Terrane Adjusting Hydrology Models and Using Karstic Features, 1999. 5. Ralston, M. and Oweis, I., Geotechnical Engineering Considerations for Storinivater ,11anagenzent in Karst Terrain, 1999. 6. Wilshusen, J. P. and Kochano`-, W. E., "Environmental and Engineering Applications: Carbonate Terrain," The Geology of Pennsylvania, 1999. 20 EXHIBIT A CURRICULUM VITAE JAMES P. CINELLI, P.E. CIRRICUL UJI VIT,4E Fields of Competence Qualifications Summary Mr. Cinelli is experienced in Phase I, II & III environmental site ¦ Over 14 years of experience assessments; remediation system design; site remediation management; in environmental spill prevention and response plans; stormwater and wastewater management consulting for industry systems design, permitting and construction; erosion control plans; . stream encroachment and earth disturbance permitting; and waste ¦ Project mana`er for the management. underground storage tank management program for a large Convenience Store Credentials company in Pennsylvania ¦ Extensive experienced with M. Eng, Environmental Engineering, Pennsylvania State University Phase I and 11 assessments, (2000) environmental compliance MBA, Business .Administration, St. Joseph's University (1995) audits, and due diligence B.S., Civil Engineering, Lehigh University (1990) studies. Professional Engineer registered in Pennsylvania, Delaware, Tennessee, ¦ Managed numerous remedial New Jersey Virginia New York and Connecticut investi-ations and feasibility , , studies under PA Land Training and Associations Recycling (Act ?) Program for chlorinated solvent, PCB and fuel oil contaminated 40-Hour Hazwoper Training sites. 8-Hour Hazwoper Supervisor Training New Jersey UST closure and subsurface investigation certifications Accredited asbestos building inspector and management planner Member of American Society of Civil Engineers Key Projects 18`h & Callowhill Streets Site, Philadelphia, PA= Managed site remediation project at a former transformer manufacturing facility. Site work included reconstruction of a concrete retaining wall, installation of temporary shoring to enable excavation to the property boundary while protecting the adjacent streets and utilities, excavation and disposal of approximately 1,000 tons PCB-contaminated soil, and installation of HDPE cap. Managed health and safety concerns through an active public participation program, and secured a Release of Liability through Pennsylvania's Land Recycling Program. Baldwin Locomotive Works, Eddystone, PA - Conducted site assessment activities under Pennsylvania's Land Recycling Program. Work included groundwater monitoring well installation, soil borings. a test pit investigation and preparation of a Remedial Operation & Maintenance Plan to address impacted soils encountered during Page t of 5 REV 116/2004 JAMES P. CINELLI, P.E. CURRICULUYI VIT-t.E redevelopment of the site. Conducted PCB testing in an electric substation containing 30 transformers and capacitors. Scattered Sites, North and South Carolina - Managed the decommissioning of five bleach and dye facilities, including asbestos inspections and abatement, characterization and disposal of drummed waste materials, assessment and remediation of contaminated soil and groundwater (petroleum products and chlorinated solvents), and aboveground and underground storage tank removals. Jefferies knitting Mill, Albemarle, NC - Managed the decommissioning of a former bleach and dye facility. Provided management of approximately 200 drums of waste, including drum inventory, material characterization, consolidation, transportation and disposal. Conducted site assessment activities to delineate the extent of PCE in groundwater from former dry cleaning operation. Performed the removal of two 50,000 Gallon 96 fuel oil USTs and off-site bioremediation of 600 tons of impacted soil. Conducted an asbestos inspection in preparation for future building demolition. Pennsylvania Steel, Hamburg, PA - Managed environmental assessment activities at this site in pursuit of a Release of Liability under Pennsylvania's Land Recycling ("Act 2") Program. Historic industrial activities at the site included steel and stainless steel foundry operations, as well as truck body manufacturing. Investigated numerous areas of concern, including nine (9) underground storage tanks, an oil-water separator, and two (2) areas where foundry sand and slag were buried. Groundwater invcstigation activities, including installation of five (5) groundwater monitoring wells, aquifer testing, and fate-and-transport modeling were also performed. A Release of Liability was obtained under Statewide Health Standards for soil, and a Site-Specific Standard was established for naphthalene in groundwater utilizing the results of the Bioscreen fate-and-transport modeling that was performed. Other environmental investigation activities performed at the site included a comprehensive asbestos inspection, a radiological survey at a former non-destructive metal testing facility, and Johnson & Ettinger vapor intrusion modeling. Convenience Store, Lancaster County, PA - Removed 8,000 gallon gasoline UST and conducted a site characterization to delineate the extent of soil groundwater impact. Designed and installed a granular activated carbon pump-and-treat system, and secured NPDES permit for surface discharge of treated effluent. Conducted a fate-and-transport study to demonstrate attainment of Statewide Health Standards, and secured a release of liability through Pennsylvania's Land Recycling Program. Woodruff Oil, Bridgeton, NJ - Managed the design and installation of a secondary containment upgrade at a bulk fuel storage facility, in order to comply with recent changes to aboveground storage tank regulations. The secondary containment upgrade included a high-density polyethylene (HDPE) liner. The project required the design of a special perimeter anchoring system due to the proximity of adjoining structures. Site-specific designs for liner, penetrations were necessary, due to the size, number and type of obstructions that were present (tanks, pipe supports, pump house, etc.). Convenience Store, Lancaster, PA - Two underground storage tanks were removed in order to meet PADEP and USEPA upgrade requirements. Impacted soil was discovered in the tank excavation. Prepared a Remedial Action Plan, and performed on-site remediation of excavated contaminated soil using ex-situ bioremediation technologv. After complete remediation of soil, a Release of Liability ,,gas issued by PADEP using Statewide Health Standards. Poult, Processing Facility, Lebanon County, PA - An emergency response firm responded to a release of sulfuric acid from an aboveground storage tank at a poultry processing facilit}/ (location Page 2 of 5 RCV 0b/2004 JAMES P. CINELLI, P.E. CURRICULUM L7TAE confidential). After Elk completed the excavation of heavily impacted soil, UAI personnel conducted a site assessment and risk assessment under Pennsylvania's Act 2. Systematic random grid sampling -was conducted; and a risk assessment was performed, which indicated that residual contaminants remaining in the soil were protective to human health and the environment. An Act 2 Release of Liability was granted by PADEP using a Site-Specific Standard. Convenience Store, Bedford, PA - A Phase II Environmental Site assessment indicated that three gasoline underground storage tanks were previously located on this site. A soil and groundwater investigation was performed, and impacted soil and groundwater were fully delineated. Impacted soil was excavated and disposed off-site. The groundwater plume was determined to be stable by conducting quarterly groundwater monitoring. Following the completion of groundwater monitoring, a Release of Liability was issued by PADEP using Statewide Health Standards. 67 Convenience Store, Downingtown, PA - Performed a site characterization in response to a release of gasoline from an underground storage tank system. Designed and managed soil vapor extraction and bioventing feasibility studies to evaluate the effectiveness of these technologies for remediation of gasoline-impacted soil. Prepared a Remedial Action Plan which was approved by the Pennsylvania Department of Environmental Protection, and designed a bioventing remediation system. Managed construction and operation of the remediation system. Convenience Store, Lancaster County, PA - Performed a site characterization in response to a release of gasoline from an underground storage tank system. Designed and managed a soil vapor extraction feasibility study to evaluate the effectiveness of this technology for remediation of gasoline- impacted soil. Prepared a Remedial Action Plan which was approved by the Pennsylvania Department of Environmental Protection, and designed a dual-phase extraction remediation system, utilizing a liquid ring pump, an air stripper, and vapor phase carbon, to simultaneously remediate soil and groundwater. Managed construction and operation of the remediation system. Convenience Store, Annville, PA - Performed a site characterization in response to a release of gasoline from a failed o-ring on an underground storage tank system. Due to impact to groundwater at the property line, determined that no exposure pathways were present by conducting a receptor survey and fate-and-transport study. Demonstrated attainment of a Site-Specific Cleanup Standard for MTBE, securing a Release of Liability through Pennsylvania's Land Recycling Program. 17 Convenience Store, Halifax, PA - Removed two underground storage tanks in preparation for a real estate transaction. Due to the presence of MTBE in groundwater, a Site Characterization was performed, which identified an MTBE plume extending off-site. Performed a receptor evaluation and fate-and-transport survey. Negotiated deed restrictions on three properties, eliminating potential exposure pathways and enabling demonstration of attainment of a Site-Specific Cleanup Standard for MTBE. Secured a Release of Liability through Pennsylvania's Land Recycling Program. Convenience Store, Coatesville, PA - Performed a remedial alternatives analysis for treatment of gasoline-contaminated groundwater. Selected an innovative design - a Trickling Filter Bioreactor - over more traditional technologies such as granular activated carbon and air strippers. Designed and installed the remediation system, and secured NPDES permit for the system's discharge. Performed monthly system maintenance, discharge monitoring and reporting. Operational cost savings of $50,000 to S 100,000 per year was realized. Page 3 of 5 K EV OW22004 JAMES P. CINELLI, P.E. CURRICULUM VITAE Confidential Client - Conducted Environmental Compliance Audits of two steel manufacturing facilities in preparation for an EPA multi-media audit. Responsibilities included performing a review of environmental reports and permits and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials, and storage tanks. Confidential Client - Conducted Environmental Compliance Audits of a warehouse facility and a wire and cable manufacturing facility for a major battery manufacturer. Responsibilities included perfonming a review of environmental reports and permits and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials and storage tanks. Confidential Client - Conducted Environmental Compliance Audits of five automobile part re- manufacturing facilities. Responsibilities included performing a review of environmental reports and permits, and conducting visual inspections of the facilities.y Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials, and storage tanks. Allied Signal, Pottsville, PA - Implemented and certified the closure of a permitted RCRA hazardous waste storage facility. The project included pad decontamination, management of wastewater, post- decontamination sampling and analysis, and closure certification. Berks Landfill Superfund Site, Spring Township, Berks County, PA - Performed a waste volume analysis for a PRP group. Historical aerial photographs and topographic mappings of the landfill site were reviewed in order to determine the method of landfill construction, and to estimate the depth of buried waste. A grid was overlaid on the waste disposal areas, and the total volume of waste was calculated based on estimated depth of waste at each grid point. A summary report was submitted to the PRPs' attorneys for Superfund litigation defense. United States Postal Service, Bellmawr, NJ and Wilmington, DE - Designed/specified wastewater recycling systems for USPS vehicle maintenance facilities. Work included reviewing building drawings, surveying drain sizes and depths, designing collection trenching and piping, and preparing performance specifications for wastewater recycling equipment. Performed construction inspections. Limestone Quarry, Bechtelsville, PA - Designed/specified a wastewater recycling system for truck maintenance and washing operations. Work included reviewing building drawings, surveying drain sizes and depths, and wash pad and collection sump design. C.S. Garber & Sons, Boyertown, PA - Designed/specified a wastewater recycling system for drill rig washing operations. Work included surveying building dimensions, design of a dual gate-controlled wash pad and a 5,000-gallon sediment settling tank. specification of ultrafiltration water recycle equipment, and construction management. Sun Drilling Products, Belle Chase, LA - Designed a vehicle washwater treatment system and performed NPDES permitting for a drilling products manufacturer. Washwater treatment system design included a topographic survey, settling tank design, vehicle entry/exit ramp design, and oil/water separator specification. An ?NPDES permit was secured for the washwater discharge and a new Styrene Divinyl-Benzene Copolymer manufacturing plant. Page 4 of s REVow.W4 JAMES P. CINELLI, P.E. CURRICUL U.J1 WTAE Convenience Store, Coatesville, PA - Performed an evaluation of a malfunctioning small flow sewage treatment system. Established improved system operating procedures and retrofitted the system with a second aerator to ensure compliance with NPDES permit limits. Performed monthly maintenance and prepared discharge monitoring reports. Oley Valley Elementary Center, Oley, PA - Designed stormwater management facilities and prepared erosion control plan, and prepared a stream crossing general permit application for a proposed elementary education facility. Due to the extensive area of soil disturbance, an Earth Disturbance Permit was secured from the Pennsylvania Department of Environmental Protection. Golden Oaks Golf Club, Pricetown, PA - Designed stormwater management facilities and prepared erosion control plan for a 280-acre championship golf course. Due to the extensive area of soil disturbance, an Earth Disturbance Permit was secured from the PerulsyIvania Department of Environmental Protection. The design included five sediment/stormwater detention basins, and several diversion swales and sediment traps. Garden State Growers, Flemington, NJ - Prepared stormv,,ater management facilities, including five stormwater detention/sediment basins. Prepared stream encroachment pen-nit applications for three stream crossings and five detention basin outfalls. Cataldi Waste Disposal, Inc., Reading, PA - Served as design engineer and project manager on 10- acre land development project for a recyclable materials transfer station. Responsibilities included site grading, vertical and horizontal alignment of industrial access driveway, design of stormwater management facilities, and preparation of an erosion control plan. Central Catholic High School, St. Lawrence, PA - Designed grading, stormwater conveyance facilities, and erosion control plan for the expansion of practice fields at a high school athletic center. Cambridge-Lee Industries, Reading, PA - Designed a constructed wetland for removal of copper from industrial stonnwater and cooling water discharge, and prepared an erosion control plan for same. Publications and Presentations Cinelli, J. P., "Applied Storm Water Management for Small Watersheds," presented at Penn State Great Valley, Fall 1999. Cinelli, J. P., "Ask a Lawyer," Served as a panel member for Berks County Bar Association's television program covering underground storage tank regulations, 1997. Cinelli, J.P., "Environmental Assessment and Pennsylvania's Land Recycling Program" presented at lending institutions, bench-bar association conferences, and realtor training seminars. Cinelli, J.P., `'Understanding Environmental Regulations," presented at Berks Chamber of Commerce, ?000. Cinelli, J.P., "Ex-Situ Remediation of MTBE-Contaminated Groundwater Using a Trickling Filter Bioreactor", 2004. I'aee --N or 5 REV 06,2004 WALTER M. LEIS, P.G. Senior Hydrogeologist CURRICUL UII VITAE Qualifications Summary Fields of Competence ¦ Over 28 years of experience Mr. Leis has expertise in detection and abatement of groundwater in environmental practice of contamination attributable to chemical spills, radionuclides, and solid hydrogeo[og, as a field hydrognologist field waste disposal problems; design of artificial recharge wells; model supervisor, technical simulation of groundwater systems; siting of hazardous waste supervisor, and project repositories and landfills; permitting, expansion, and closure of solid manager. waste facilities; practical applications of geophysical surveys to ¦ Chief geologist / task leader contaminated hydrologic systems, site investigations and borehole investigating solvents and geophysical surveys: geochemical studies of acid mine drainage and radionuclides migrating in hazardous and nuclear wastes; system installation and rehabilitation of groundwater and discharging to surface waters at sites in groundwater extraction and recharge wells: design of horizontal PA, NJ, ON and MO, and galleries; expert witness. for 26 Uranium Mill a Served as project leader investigating sediment transfer of Tailings Remedial Action (UMTRA) Program sites in hazardous materials and radionuclides in sites in PA, NY, NJ, 011, the western US. MO, VA, and SC. ¦ Project Director and chief ' Developed geochemical sampling techniques for karst and deep geoscientist at over 100 thine sampling. Evaluated synthetic and field hydrologic data for different contaminant and deep formational analysis in coal field projects, hazardous waste sites in ¦ Research experience developing mapping techniques for subsurface U.S., U.K., and Asia. Expert structures having multi-state hydrogeological significance, and in approximately fifteen related court cases. defining ore bodies by geochemical prospecting. ¦ Sir years of research applying geophysics to evaluating ¦ Directed numerous contaminated ground water supplies in fractured rock and karst successful projects for siting, designing, and permitting of areas. Project Director for artificial recharge and deep well disposal solid and residual waste studies: consultations for waste disposal and aquifer quality storage and disposal sites. problems for coastal communities. Developed specific hy- Numerous aquifer restoration projects involving multiple ground- drologic routing and seepage water zones contaminated by radionuclides, landfill leachate and models for cap and liner design and for active high-density, low-solubility organics. Expert Witness for three , groundwater cleanup. successful, precedent-setting aquifer contamination cases. Project Applied research to develop Director and chief expert for the only groundwater cleanup system various landfill caps using nominated for a demonstration grant in original Resource synthetic soils for residual Conservation and Recovery Act (RCRA) legislation. wastes, vapor routing caps for radon and methane gas Remediation applications using slant, horizontal drill and lance collection, and permeable injection techniques. Applied horizontal and slant drilled wells for caps for asbestiform mineral collection galleries in complex hydrogeology, and injection of piles. grouts for redirecting contaminant flows. ¦ Directed projects affecting chemical and physical rehabilitation of fouled contaminant extraction and recovery systems. Developed early vvaming appliances and automated data systems used to detect fouling at early, reversible stages. Pap-c 1 oi9 REV 06121.NW WALTER M. LEIS, P.G. Senior Hydrogeologist Credentials CURRICULUM VITAE M. S.. Hydrogeoloo), - University of Delaware (1975) B.S., Biochemistry - Albright College (1966) Registered as a Professional Geologist in the States of Delaware, Georgia and Indiana, and in the Commonwealths of Pennsylvania and Virginia. Training and Associations Cooperative Program in Environmental Engineering -- University of Pennsylvania (1968) Additional Special Course Work in Geology and Hydrology -- Franklin & Marshall College, and Pennsylvania State University Satellite Data Processing Training -- Goddard Space Flight Center (1983) Trenchless Technology Training (Westinghouse 1990) OWRR Research Fellow (1973-74) Geological Society of America -- Engineering Geology Division Society of Economic Paleontologists and Mineralogists Association of Engineering Geologists -- Chairman, Hazardous Waste iMigmt. Committee (i 985-88) Hazardous Materials Control Resource Institute (HMCRI) - Superfund Conference Program Development Council (1986-1994), Federal Environmental Restoration Conference Program Committee (1992-1994) Honored Graduate for Delaware, Office of Water Resources Research (OWRR), 25th Anniv. (1989) American Academe of Forensic Sciences, Elected Member (Engineering Sciences Section) DOE Peer Reviewer for radionuclide applications of colloidal silica grouts by horizontal drilling and lance injection. DOE Peer Reviewer for DNAPL and Mixed Waste Research funded by DOE (on-going). Key Projects Municipal Water Supply Development. Project director on a number of large ground eater drinking water supplies. Sites included Atlantic City, NJ (13 mgd); Berks County, PA (0.5 mgd); Hackettstown, NJ (1.2 mgd). Projects involved siting, water development, monitoring, modeling and permit application. Airport Environmental Survey, City of Philadelphia, Division of Aviation, Philadelphia International Airport, Pennsylvania -- Project Director. Initiated this fast-track $270 million airport expansion environmental survey. Project involved detailed quantitation of hazardous wastes and Lround\,vater conditions in a sole-source aquifer area. Site Investigations, PCB Advisory Committee of the Hudson River, New York State Department of Environmental Conservation (NYSDEC), New York -- Project Manager. Led a team that studied soils and groundwater potentially contaminated by polvchlorinated biphenyls (PCBs) at 13 dredge spoil disposal sites in the Hudson River and Adirondack Mountain areas. All site investigations were completed on-time under harsh weather conditions in January through March. Objective was to Page 2 of 9 REV 06/2004 WA L TER M. LEIS, P.G. CURRICUL UNI VITAE Senior Hydrogeologist develop remediation options to clean up groundwater and desorb soils. Project involved six 3-person field teams and had a value of $1.5 million. Natural Resource Damage Assessment - Evaluated natural resources damage associated with a potential problem of heavy metals in ground water. Reported to the trustees of Cape May County, NJ, concerning the value of damage to non drinking water aquifers (recharge potential, agricultural in-igation, etc.) Siting, Design, and RCRA Part B Applications, Various Locations, Multiple Clients, Project/Technical Director. Directed teams responsible for siting, design, and RCRA Part B Appli- cations for two U.S. Department of Energy (U.S. DOE) sites and ten commercial RCRA facilities. Contaminant Isolation Systems, Various Locations, Advisor to Ministry of the Environment, Ontario, Canada. Designed extraction wells and hvdrogeologic isolation systems for groundwater contaminated with organic solvents in Ontario and Quebec, Canada. Containment Isolation System, Power Generation Station, N.C. Horizontal Drainage Gallery installed for a leaking 25 acre wastewater lagoon. Industrial NVaste Disposal Research, Montana, North Carolina and Tennessee, for the Edison Electric Institute. Completed a major high-volume waste disposal and groundwater effects project for Edison Electric Institute. Mr. Leis' report was instrumental in having high volume wastes declared non-hazardous, saving the electric power industry 10's of millions of dollars in waste disposal costs. Municipal Solid Waste (MSW) J Residual Landfills, Various Locations, Multiple Clients, Project N1anager/Director: Siting, design, and permitting of eight MSW and residual waste landfills for six industrial and two municipal clients in New Jersey, Pennsylvania and Maryland. Residual NNaste Landfill Siting, Various Locations, confidential Pulp and Paper Client, Project Manger and Senior Project Scientist. Project involved initial site screening of more than 30 candidate sites, the selection of one site, and directing hydrogeologic, soils and geotechnical surveys for design of a residual waste landfill facility. Directed permit design and closure. Residual NVaste and Sludge Landfill Permitting, Confidential Client, Pennsylvania, Project Director. Directed the first Phase I and Phase II permitting of a 700-TPD paper mill residual waste landfill under the 1994 Pennsylvania Residual Waste Regulations. Determination of Migration of Radionuclides in Groundvi•ater, Senior Hydrogeologist. Selected and directed a team of geoscientists to investigate radionuclide migration at 26 abandoned Uranium Mill Tailings piles located in 7 western states. Developed geophysical testing and rapid field testing techniques to assess plume configuration. U. S. Department of Energy National Laboratories, Chief Peer Reviewer, Hydrogeology. Provided peer re?,iew and project direction recommendations for site characterizations being conducted at U. S. Department of Energy National Laboratories (Oak Ridge, TN; Rocky Flats, CO; Los Alamos, Pa;c 3 of 9 WA L TER M. LEIS, P.G. CURRICULUM VITAE Senior Hydrogeologist NM;, Sandia, NN,1; and Fernald, OH). These sites were characterized as having plumes of mixed wastes in groundwater, including radionuclides, solvents, anions and heavy metals. Stabilization and Closure of a 30-Acre Industrial Waste Landfill, Confidential Client, Pennsylvania, Project Director. Directed landfill closure permitting, hydrogeologic and soil investigations, and screening and selection of closure and capping options. Directed design, permitting, and construction management of a mill waste transfer facility to handle the waste during and after closure of the plant landfill. Remediation Monitoring and Modeling, Manhattan Project Sites, Chief Scientist. Assembled multidisciplinary team to investigate groundwater and soil contamination from radionuclides and related chemicals associated with two former Manhattan Project Sites (Canonsburg, PA, and St. Louis Airport, MO). Mineable Reserve Evaluations, Various Locations, Confidential Clients, Project Manager. Conducted evaluations of mineable reserves and the potential for subsidence, for coal and non coal de- posits, as well as evaluations of mine reclamation, and on-going monitoring. Raney Fell Collection Galleries - Provided feasibility & initial design for horizontal collection systems for potable water system in Limestone Formation for Bald Eagle Water Company, Tyrone, PA. Design and Closure of 12 Industrial Sludge Lagoons, Confidential Client, Pennsylvania, Project Director. Directed engineering evaluations of bridging, filling, regrading, and top covering the closed lagoons using a mixture of paper mill sludge, fly ash and soil. An area totaling 109 acres is being reclaimed and converted into a wildlife preserve. Groundwater Contamination, Various Locations, Confidential Client, Project Director. Responsible for definition of groundwater contamination from sanitary landfill leachate and industrial chlorinated solvents. Developed systems for recovery of contaminants to protect heavily used aquifers in numerous states. Hydrogeologic Isolation Systems in Fractured Rock and Karst Areas, Confidential Clients, Illinois, Maryland, Ohio, Pennsylvania and Virginia, Project Director. Responsible for design and construction of hydrogeologic isolation and remediation systems for various chlorinated and non- chlorinated solvents migrating in groundwater away from municipal solid waste disposal facilities. Designed & construction oversight for gallery wells, horizontal wells and slant drill wells. Groundwater Collection Systems, Confidential Client, Dela-vvare and Pennsylvania, Project Director. Design and operational supervision of chemical and physical rehabilitation of groundwater collection systems in fractured rock and coastal plain areas. Environmental Fate Projects, Colorado, Nevada and Ohio, Project Director. Directed three projects for the determination of environmental fate and effect of, and for the remediation of `roundwater aquifers containing, PCBs, furans, dioxins, and a-, P-, y-BHC, and tritium. I'agr a or 9 AF.V 114/2004 11 WA L TER M. LEIS, P.G. CURRICUL L"M VITAE Senior Hydrogeologist Remediation of Explosives, Various Locations, Multiple Clients, Principal Investigator. Teclulical leader for six projects involving the evaluation and rernediation of explosives compounds in groundwater from U.S. Army and U.S. Navy operations in IL, MD, IN and WV. Subsurface 11,ligration of Polychlorinated Biphenyls (PCBs), Various Locations, Confidential Governmental Client, Principal Investigator. Conducted nine projects involving subsurface mi- gyration of PCBs in New York, New Jersey, Pennsylvania and Oklahoma. Field Design Studies, Various Locations, Confidential Client. Initiated and directed field design studies for artificial recharge and waste disposal wells in DE, CA, CO, FL and OH. Groundwater Recovery Projects, Petroleum Releases. Represented a number of multinational oil companies to develop upset remediation costs for alternate groundwater remediation strategies. Project involved groundwater contaminated with petroleum hydrocarbons in sixteen states, Taiwan, and karst areas of Italy. , Evaluation of Groundwater Effects, Various Locations, Edison Electric Institute, Project Director. Directed eight projects for evaluation of groundwater effects and attenuation of leachates from coal ash and flue gas desulfurization waste disposal areas. Projects in fractured rock and karst areas of southeaster United States. Geochemical Evaluation of Coal Mine Pools, Various Locations, Confidential Client, Project Manager. Conducted research at nine coal mine pool sites in MT, OH, PA and WV. Subsurface Migration of Contaminants, U.S. EPA, Principal Investigator. Conducted research for the U.S. EPA into the geochemistry of subsurface migration of various toxic organic substances, agricultural chemicals, radionuclides, and heavy metals. Migration of Volatile Chlorinated Hydrocarbons, Various Locations, Multiple Clients, Principal Investigator/Expert Witness. Over 200 projects involving migration of volatile chlorinated hydrocarbons in groundwater. Projects involve groundwater characterization and remediation design, project sites in fractured rock, karst terrains, and unconsolidated formations several included representation of remedial plans in court and in arbitration. Remediation of DNAPLs, Peer Reviewer. Peer Reviewer for DOE funded research regarding DNAPL remediation in low permeability media and fractured rock. Fate and Degradation of Agricultural Chemicals, Various Locations, Multiple Clients, Principal Investigator. Project Director for twelve projects involving fate and degradation of agricultural chemicals in soil and groundwater, for E. I. DuPont, Chevron Chemical, Shell Chemical and Texaco. Geophysical / Remote Sensing Assessments, Various Locations in the U.S., Project Director. Designed geophysical and remote sensing assessments of various hazardous waste disposal areas, including organic chemical and radionuclide disposal sites. r'a_c 5 (,r 9 REV 0612004 WALTER M. LEIS, P.G. Senior Hydrogeologist CUIRRICULL,"Af VITAE Wetlands Restoration, Confidential Paper Mill, New Jersey, Project Manager. Studies and designs for wetlands restorations were accomplished and approved by regulatory agencies and U.S. :army Corps of Engineers within 12 months. Hydrogeologic Investigations, Confidential Paper Mill, Project Director. Conducted hydrobcologic investigations to augmented a water supply by +5 mod at a paper mill planning to expand its production of recycled paper products. The augmented supply used ground water management and enhanced groundwater ,vi thdrawal techniques. Expert Witness Successfully represented the City of Dublin and Dublin County, Ireland, for site remediation for chlorinated solvents at the Gavin's "Dump" in County Kildare; Successfully represented U.S. EPA in a highly publicized case (United States v. R. Burns) in which a waste hauler willfully deposited toxic chemicals along 200 miles of North Carolina highways. Case included environmental effects of PCBs at the storage center; Successfully represented New Castle County, Delaware, in a case involving alleged organic contamination from an old landfill; Successfully represented New Castle County, Delaware, in developing upset cleanup costs for insurance coverage of environmental damages resulting from groundwater contamination by organics. Testimony was quoted in the written decision by the 3rd U. S. District Court; Successfully represented Cape May County in adjudicatory• hearings regarding a groundwater source and use dispute. Represented U. S. Department of Energy in a fact-finding mission for testimony before the U.S. Congress, regarding groundwater migration of radionuclides in Canonsburg, PA. Represented Sears Roebuck & Co. for a reduction of participatory liability at a N.J. Superfund site settled favorably on behalf of Sears. Represented two industrial clients in a successful insurance claim for costs associated with groundwater cleanup of organic chemicals for Lone Pine Landfill, Monmouth County, NJ. Evaluated applications & costs of horizontal drainage galleries by trenchless technology; Represented Aerojet General, Inc., in a successful defense in a class action suit regarding alleged contamination by chlorinated solvents and mixed wastes consisting of chlorinated solvents and radionuclides, Represented Moen Industries in environmental arbitration involving solvent contamination at six industrial sites acquired by American Brands. Inc. Developed upset remediation costs, together with a NV'eston colleague, and presented them in testimony. Moen's costs were indemnified by the independent Arbitration panel; flag? G of 9 REV ow2nna WALTER M. LEIS, P.G. CURRICULUAT VITAE Senior Hydrogeologist Represented Santa Fe Railroad in a class action claim for groundwater damages resulting from migration of tritium, other radionuclides, and chlorinated solvents. Santa Fe was dismissed by the court based upon the compelling data; Represented National Cash Register, Inc., Potomac Electric, and Maryland National Bank in environmental liability claims involvinz contamination from old landfills in Maryland, Ohio, Virginia, and Dela-Avare. Settled before trial; r Represented Browning Ferris Industries and two other confidential clients in rate hearings before the New Jersey State Utility Commission and in environmental arbitration hearings; Represented Uniform Tubes, Inc., in a successful insurance claim resulting from groundwater contamination by a broad spectrum of chlorinated solvents. Settled at initiation of trial; Represented a large chemical manufacturing company in an insurance claim for original disposal of chlorinated and non-chlorinated solvents at a Superfund site. Settled before trial; Represented an insurance company against a claim for environmental damage dealing with intentional discharges of chlorinated solvents into soils; Represented Lever Brothers in an environmental insurance recovery claim regarding groundwater contamination by organic solvents at 26 sites. Lever Brothers had Potentially Responsible Party (PRP) status in the action. Settled after filing of expert reports; Represented AMP, Inc. in an environmental insurance recovery claim for the 1\4/A-COM Inc. site in New Brunswick, NJ. Opinion limited to reasonableness of costs incurred. Settled before trial. Represented CPC/Bestfoods in an environmental insurance recovery claim for 3 plant sites in Northeast U.S. Opinions included contamination history, reasonableness and timeliness of remediation and standards of industrial practice. Settled prior to trial. Publications Leis W. and K.R. Phillipp, 2000, "Tree Rings as Passive Witnesses to Environmental Contamination." American Academy of Forensic Sciences (chapter for Environmental forensics - in preparation). Haupt, R., Leis, W., Schwartz, F., 2000, "Viscous Barrier Technology the Technical Background:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 1998 ASME Peer Review Series. Abbot, E., Ballard, J., Bollag, J.M., Baolin, D., Gillespie, G., Gould, J., Keney, J., Leis, W., Nielson, K., Raghavan, R., Reith, C., Sivavec, T., 1999, "DNAPL Remediation in Low Permeability Soils:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 1998 ASME Peer Review Series. P 12S-1 36. Page , or9 K EV W21104 WALTER M. LEIS, P.G. Senior Hydrogeologist CURRICULUM VITAE Haupt, R., Leis, W., Schwartz, F., 2000, "Viscous Barrier Technology Emplacement by Lance Injection:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 199S ASME Peer Review Series,. Leis, W., 1998, "Forensic Evidence of Ground Water Contamination Migration: Use of Tree-Rings Geophysics and Other Direct Evidence", American Academy of Forensic Science, 21St Annual Conference. Leis, 1994, "Groundwater Remediation by Vertical Extension of Unlined Landfills" (Abstract): Solid Waste Association of North America, Annual Meeting Conference. Leis, W., R. Scheinfeld, R. Ross, and R. Molle, 1994, "Environmental Studies for a Runway Siting:" (Abstract): Association of Engineering Sciences, 1995 Annual Meeting. Bopp, F., and W. Leis, 1993, "Groundwater Contamination - Prevention Still the Best Medicine:- WATER Engineering and Management, 3 p. Leis, W., and F. Bopp, 1993, "Remote Sensing of Soil and Groundwater Contamination:" Instrumentation and Control Systems, 4 pp. Cornuet, T., K. Hansen, and W. Leis, 1991, "Optimization of a Groundwater Recovery System" (Abstract): American Assoc. Groundwater Scientists & Engineers XIII Annual Symposium. Preslo, L., and W. Leis, 1987, "Site Screening Techniques" (Abstract): Association of Engineering, Geologists Annual Meeting. Leis, W., 1986, "The Use of Non-Invasive Site Screening Techniques for Assessment of Hazardous Waste Sites:" Association of Engineering Geologists News, p. 12-16. Leis, W., 1984, "Contamination of Groundwater, An Assessment of the Problem:" Pennsylvania Bar Institute Symposium on Groundwater Contamination (Abstract). Leis, W., and A. Hatheway, 1983, "Geological Characterization of Hazardous Waste Sites" (Abstract): Association of Engineering Geologists Annual Meeting. Sheedy, K., and W. Leis, 1983, "Hydro geological Assessment in Karst Environments" (Chapter) in .Applied Geomorphology, Reinhold Publishers. Leis, W., and K. Sheedy, 1980, "Geophysical Location of Abandoned Waste Disposal Sites:" 1980 National Conference on Management of Uncontrolled Hazardous Waste Sites. Leis, W., and A. Metry, 1980, "Multimedia Pathways of Contaminant Migration:" Water Pollution Control Federation, 1980 Annual Meeting. Leis, W., and A. Metry, 1979, "Field Characterization of Leachate Quality:" Water Pollution Control Federation, 1979 Annual Meeting. r:??r a of 9 WALTER M. LEIS, P.G. CURRICUL UM VITAE Senior Hydrogeologist Leis. W., 1979, "Subsurface Reclamation by Counter Pumping Systems: Geologic and Geotechnical Aspects of Land Reclamation:" ASCE/AEG 1979 Symposium. Thomas, A., and W. Leis, 1979, "Physical and Chemical Rehabilitation of Contaminant Recovery Wells:" Association of Engineering Geologists 1978 Annual Meeting. Leis, W., and W. F. Beers, 1979, "Soil Isotherm Studies to Predict PCB Migration within Groundwater" (Abstract): ASTM 1979 Annual Meeting, Philadelphia, PA. Leis, W., W. F. Beers, and F. Benenati, 1979, "Migration of PCBs from Landfills and Dredge Disposal Sites in the Upper Hudson River Valley:" New York Academy of Science Symposium on PCBs in the Hudson River. Leis, W., R. D. Moose, and W. F. Beers, 1978, "Critical Area Maps, a Regional Assessment for Karst Topography:" Association of Engineering Geologists 1978 Annual Meeting. Leis, W., W. F. Beers, J. M. Davidson, and G. D. Iilowles, 1978, "Migration of PCBs by Groundwater Transport -- A Case Study of Twelve Landfills and Dredge Disposal Sites on the Upper Hudson Valley, New York:" Proceedings of the 1 st Annual Conference of Applied Research and Practice on Municipal and Industrial Waste. Leis, W., D. R. Clark, and A. Thomas, 1976, "Control Program for Leachate Affecting a Multiple Aquifer System, Army Creek Landfill, New Castle County, Delaware:" National Conference on Nlanavement and Disposal of Residue on Land. Leis, W., 1976, "Artificial Recharge for Coastal Sussex County, Delaware:" University of Delaware Press, Water Resources Center, 126 p. Leis, W., and R. R. Jordan, 1974, "Geologic Control of Groundwater Movement in a Portion of the Delaware Piedmont:" OWRR - DEL 20, p.50. age 9 of 9 REV 96.70"4 EXHIBIT B PORTION OF DAWOOD ENGINEERING PLAN SHOWING PRE- DEVELOPED SINKHOLES/DEPRESSIONS AND DRAINAGE AREA 2 BOUNDARIES i i 41l , i Q ? W'tr K ? ! r r ?n ? It •.` ? '% ?' y ? t I t \ r t a t•?iit• ` 1 11 1 V, % P • r ti, t- `1? 1 ? ?. ' -•`?st? l CL CL IDI-13 1:3 _ T o N i` ?T ?4?1i?ap4 Q? ??• • ` '4ti ` - '? fir`' • \,' `{ , ? `t `\. •••.,• .? ? , Ob ? J4?1 Co t b ' ' ° i it ` y ? ^ ~ - fi?'`• ! ' t , co t O f , ? EXHIBIT C STORMWATER CALCULATIONS Curve Number Calculations Runoff Curve Number'Calculations #= f .._. €` Subbas+n 2 =Pre-develo ed Eoridition .. -:':` ` '?k ?i': Land Use Soil Group CN Area (ac.) % Area meadow B 58 19.49 90.7 meadow C 71 2.00 9.3 Total 59 21.49 100 Run- off. Curve Nurn b&':.CaIculetions ` Subbas+n 2'.='Post-develol ed`Coridition Land Use Soil Group CN Area (ac.) % Area Grass, good C 74 31.6348 42.32 Grass, good D 80 5.1974 6.95 crops, C&C, C 81 18.36547 24.57 crops, C&C, D 85 2.00 2.68 Impervious C 98 16.7449 22.40 Impervious D 98 0.80261 1.07?_ Total 82 74.75 d 100 Time of Concentration Calculations Time of Concentration Calculations Subbasin'2" Pre-deVeio` ed: Condition',! 4`'; Sheet Flow Ground Cover Cultivated Mannin s n 0.06 Length (ft) 100 2- r, 24-hr Rainfall 3 Slope (ft/ft) 0.01 Tt (hr) 0.107 Shallow Concentrated Flow Ground Cover Unpaved Length (ft) 1700 Slope (ft/ft) 0.0171 Avg. Velocity (ft/s) 2.1 Tt (hr) 0.225 Total Time hr)' 0.332 Total Time (min) 19.91 Time of;Concentration Calculations ' .> Subbasin-2 -Post'-develo''ed'Condition '?. Sheet Flow Ground Cover Grass Mannin s n 0.24 Length (ft) 100 2- r, 24-hr Rainfall 3 Slope (ft/ft) 0.045 Tt (hr) 0.178 Storm Sewer Ground Cover Unpaved Tt (hr) 0.11 Total Time (hr) 0.288 Total Time (min) 17.26 Peak Runoff Calculations Peak Runoff Calculations .. `" ° .n . ' Subbasin2'' Pre-developed Condition Rossmiller Equation Ru noff Coefficient CN 59 Slope (%) 1.67 Impervious Area 0 Tc (min) 19.91 Frequency (yr). ` C (Rossmiller) lntensity(in/hr) . Area (ac;),--; Peak. Flow (cfs) 1 0.11 2 21.49 4.54 2 0.11 2.35 21.49 5.70 5 0.12 2.7 21.49 6.15 10 0.13 3.15 21.49 7.61 25 0.14 3.5 21.49 10.64 50 0.15 3.95 21.49 12.93 100 0.17 4.5 21.49 16.01 Peak Runoff Calculations:-,`-, Subbasin-2 =`Post-deveio ed Condition'`;= t '"'' "` Rossmiller Equation Ru noff Coefficient CN 82 Slope (%) 1.5 Impervious Area 0.2348 Tc (min) 17.27 :::?Frequency (yr)., -, C'(Rossmiller) Intensity(in/hr): .,Area (ac:)=- `Peak.Flow (cfs) 1 0.30 2.14 74.745 48.13 2 4.32 2.52 74.745 59.54 5 0.34 2.99 74.745 75.31 10 0.36 3.47 74.745 92.17 25 0.38 3.85 74.745 108.64 50 0.40 4.23 74.745 125.40 100 0.42 4.7 74.745 146.89 SUMMARY OF INCREASES IN STORMWATER FLOWS Overestimation of Predeveloped Flow orm _-Frequency, (Yr) reaeve ope ow :}. {ignoring Sinkhole Loss: - fs)" re eve,open - ow,,. - Considering Sinkhole'` Loss (cfs)** r Overestimation o { Predeveloped Flow 2 4.R :_ cfs).. 3 1 19.66 4.54 15.12 2 24.75 5.70 19.05 5 31.88 6.15 25.73 10 39.56 7.61 31.95 25 47.10 10.64 36.46 50 55.21 12.93 42.28 100 65.56 16.01 49.55 Drainage Area = 74.74 acres " Drainage Area = 21.49 acres Underestimation of Postdeveloped Flow orm < Frequency (yr)_ ;..., ost eve ope ow Without SoiICategvry Reduction cfs os eve ope . ow With Soii:Category, Reduct on`` cfs `* y'" n eres ma ion o 4 Postdeveloped Flow D, ??,=h 1 41.93 48.13 -6.20 2 52.14 59.54 -7.40 5 66.50 75.31 -8.81 10 82.00 92.17 -10.17 25 97.03 108.64 -11.61 50 112.75 125.40 -12.65 100 113.17 146.89 -33.72 Cumulative Increase in Flows Caused by Development F orm Frequency a?Yr) Cumulative Flow increase °?? ; (cfs)e `« ?; o ncrease in .'Sto'rmwater Flow After` `. Qevelopment 1 21.32 470% 2 26.45 464% 5 34.54 562% 10 42.12 553% 25 48.07 452% 50 54.93 425% 100 83.27 520% VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. THOMAS R BENAV"-\ ANN E. BENJEY f Date: NOVEMBER 10,- 2005 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Answer to Complaint in Equity and New Matter AND NOW comes the Defendant, South Middleton Township (hereinafter "SMT"), by and through its solicitor, Richard P. Mislitsky, Esquire, in response to Plaintiffs' Complaint in Equity as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Neither admitted nor denied. The Defendant has no independent knowledge of the averments contained in paragraph 6. It is admitted that the Plaintiffs have made complaints consistent with the averments in paragraph 6. 7. Neither admitted nor denied. The Defendant is without independent knowledge of the averments contained in paragraph 7. 8. Admitted to the extent that the report is attached as Exhibit A. 9. Neither admitted nor denied. The Defendant affirmatively avers that the writing speaks for itself. a DEFENDANT'S Uj EXHIBIT J S 10. Neither admitted nor denied. The Defendant affirmatively avers that the writing speaks for itself. 11. Neither admitted nor denied. The Defendant affirmatively avers that the writing speaks for itself. 12. The averments contained in paragraph 12 require no response at pleading pursuant to the Rules of Civil Procedure. WHEREFORE, the Defendant prays this Honorable Court to grant whatever relief the Court deems appropriate. New Matter 13. The averments contained in paragraphs 1 through 12 are incorporated herein by reference. 14. On or about December 5, 2005, Plaintiffs herein filed an action in equity against the owners of the development in question. The matter is captioned as Thomas R. Benjey and Ann E. Benjey v. Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl, and Genevieve A. Diehl (the "Diehls"). A copy of the Complaint is attached hereto and marked exhibit A. 15. The Complaint in Equity filed by Plaintiffs against the Diehls ("Diehl Complaint") is identical to the Complaint in Equity filed by Plaintiffs against South Middleton Township ("SMT") in that both Complaints contain identical averments and seek identical relief albeit from different Defendants. 16. In 2003, the Diehls by and through their professional consultants submitted a subdivision/land development plan ("plan") to SMT. The development was named "Netherby." 17. As stated in paragraph 5 of the instant Complaint and paragraph 6 of the Diehl Complaint, the Netherby plan included a storm water management plan as required by the SMT ordinance. 18. The Diehls represented to SMT that the storm water management plan, as well as all other details of the plan, was designed by licensed professionals, properly engineered, accurate and adequate to control storm water runoff, and in compliance with the SMT ordinances. 19. Subsequent to plan approval by SMT and construction of Phase 1 of the Netherby development, a property owner other than the Plaintiffs complained to SMT that the Diehls' storm water management plan was causing excessive storm water runoff and land erosion. 20. As a result of the complaints made by the other property owner, SMT ordered further construction to cease until the storm water runoff problem was corrected. 21. Subsequent to the complaints made by the other property owner, Plaintiffs herein also complained to SMT about excessive runoff and erosion. 22. Subsequent to the cessation of construction ordered by SMT, the Diehls, by and through their professional engineers, advised SMT that the problem(s) causing excessive storm water runoff was identified and corrected. 23. Thereafter, Plaintiffs submitted an engineering report dated July 1, 2005 (Exhibit "A" of Plaintiffs Complaint(s) in Equity). 24. Both the Diehls' engineers and the Benjeys' engineers have by affixing their seals, among other representations, certified the accuracy of their conclusions and representations. 25. In or about May 2006, the other property owner referred to in paragraphs 19 and 20 advised SMT that the dispute with the Diehls had been resolved. 26. At or about the same time, the Diehls, by and through their attorney, Robert Saidis, Esquire, filed a request to continue construction of Netherby. 27. The Diehls have represented to SMT that if SMT continues to prevent construction of the Netherby development, suit will be filed to permit construction and seek damages from SMT. 28. It is affirmatively averred that SMT does not have the ability, expertise, or knowledge to resolve the dispute over the Netherby storm water management plan in that Plaintiffs herein and the Diehls maintain opposite positions, which positions are supported by technical expertise not available to SMT. 29. It is affirmatively averred that SMT is in the middle of a private dispute and faces litigation regardless of what decision is made and is without the expertise to resolve the private dispute. 30. SMT affirmatively avers that upon the facts set forth in this New Matter, Plaintiffs have failed to set forth a cause of action against SMT. 31. SMT affirmatively avers that it is immune from liability in this matter. 32. Concurrent with the filing of this Answer and New Matter, SMT has filed a Petition for Compulsory Joinder (of the Diehls) Pursuant to Pa.R.C.P. No. 2227. 33. The averments set forth in said Petition are incorporated herein by reference thereto as though same were set forth fully herein. 34. It is affirmatively averred that this Honorable Court cannot fashion an appropriate equitable remedy without the Diehls' participation in the instant matter. 35. Also concurrent with the filing of this Answer and New Matter, SMT has filed a Complaint joining the Diehls as additional defendants pursuant to Pa.R.C.P. No. 2252(a). 36. The averments set forth in said Complaint are incorporated herein by reference thereto as though same were set forth fully herein. WHEREFORE, the South Middleton Township prays this Honorable Court for whatever relief the Court deems appropriate. Date: 12. of ---- P-16h4 Ll- 4Ricard PkMislitsky,- Esquire Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant Attorney's 'V'erification I verify that, to the best of my knowledge and belief, the statements made in the foregoing Answer to Complaint in Equity and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: JO/!Z Qp Richard P. Mislitsky, Esquire Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant Verification I verify that, to the best of my knowledge and belief, the statements made in the foregoing Answer to Complaint in Equity and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ,,;rw Date: South Middleton Township THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Certificate of Service I hereby certify that a copy of the Answer to Complaint in Equity and New Matter has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Date: /6 , ,,,,1 9 00 C-1 Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 r 74 x r Richard P. Mislitsky, Esquire b4preme Court ID #28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL, AND GENEVIEVE A. DIEHL Additional Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY To Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl, and Genevieve A. Diehl: You are notified that South Middleton Township has joined you as additional defendants in this action, which you are required to defend. Date Seal of Court Curtis R. Long, Prothonotary By a DEFENDANT'S W EXHIBIT J Q N J J Q THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-6805 CIVIL TERM : CIVIL ACTION - IN EQUITY Complaint Against Additional Defendants Pursuant to Pa.R.C.P. No. 2252(a) AND NOW comes South Middleton Township (hereinafter "SMT") by and through its solicitor, Richard P. Mislitsky, Esquire, and hereby joins as additional Defendants Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl, and Genevieve A. Diehl pursuant to Pa.R.C.P. No. 2252(a) and in support thereof avers as follows: 1. On June 6, 2006, Thomas R. Benjey and Ann E. Benjey, his wife, filed a Complaint in Equity against SMT. A copy of the Complaint in Equity (hereinafter "Benjey Complaint") is attached hereto and marked Exhibit A. Said Complaint is incorporated herein by reference thereto. 2. Without admitting the averments contained in the Benjey Complaint against SMT and without admitting the Benjeys entitlement to the relief requested therein, SMT incorporates by reference thereto the Complaint filed by the Benjeys against SMT as though same were fully set forth herein at length. 3. The essence of Plaintiffs' Complaint is that there is excessive storm water runoff from a development (Netherby) owned by the above-named additional Defendants which is causing damage to Plaintiffs' real property. 4. It is affirmatively averred that if the Benjeys are entitled to any of the relief requested in their Complaint against SMT, the additional Defendants are solely liable on the Plaintiffs' cause of action and/or liable over to SMT on the Plaintiffs' cause of action. 5. An identical Complaint in Equity was filed by the Benjeys against the Diehls on November 10, 2005. To date, no progress has been made on this Complaint other than the filing of Preliminary Objections by the Diehls. 6. It is affirmatively averred that the additional Defendants are necessary parties in the instant litigation and without said additional Defendants, an appropriate decision cannot be made in the underlying litigation. 7. Contemporaneous with the filing of the instant third-party Complaint, SMT has filed a Petition for Compulsory Joinder (of the Diehls) pursuant to Pa.R.C.P. No. 2227. WHEREFORE, South Middleton Township prays this Honorable Court for any equitable relief it deems appropriate. Date: Richard P. Mislitsky, Esquire Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant -71 _ .r„a THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Answer to Complaint in Equity and New Matter AND NOW comes the Defendant, South Middleton Township (hereinafter "SMT"), by and through its solicitor, Richard P. Mislitsky, Esquire, in response to Plaintiffs' Complaint in Equity as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Neither admitted nor denied. The Defendant has no independent knowledge of the averments contained in paragraph 6. It is admitted that the Plaintiffs have made complaints consistent with the averments in paragraph 6. 7. Neither admitted nor denied. The Defendant is without independent knowledge of the averments contained in paragraph 7. 8. Admitted to the extent that the report is attached as Exhibit A. 9. Neither admitted nor denied. The Defendant affirmatively avers that the writing speaks for itself. 10. Neither admitted nor denied. The Defendant affirmatively avers that the writing speaks for itself. 11. Neither admitted nor denied. The Defendant affirmatively avers that the writing speaks for itself. 12. The averments contained in paragraph 12 require no response at pleading pursuant to the Rules of Civil Procedure. WHEREFORE, the Defendant prays this Honorable Court to grant whatever relief the Court deems appropriate. New Matter 13. The averments contained in paragraphs 1 through 12 are incorporated herein by reference. 14. On or about December 5, 2005, Plaintiffs herein filed an action in equity against the owners of the development in question. The matter is captioned as Thomas R. Benjey and Ann E. Benjey v. Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl, and Genevieve A. Diehl (the "Diehls"). A copy of the Complaint is attached hereto and marked exhibit A. 15. The Complaint in Equity filed by Plaintiffs against the Diehls ("Diehl Complaint") is identical to the Complaint in Equity filed by Plaintiffs against South Middleton Township ("SMT") in that both Complaints contain identical averments and seek identical relief albeit from different Defendants. 16. In 2003, the Diehls by and through their professional consultants submitted a subdivision/land development plan ("plan") to SMT. The development was named "Netherby." 17. As stated in paragraph 5 of the instant Complaint and paragraph 6 of the Diehl Complaint, the Netherby plan included a storm water management plan as required by the SMT ordinance. 18. The Diehls represented to SMT that the storm water management plan, as well as all other details of the plan, was designed by licensed professionals, properly engineered, accurate and adequate to control storm water runoff, and in compliance with the SMT ordinances. 19. Subsequent to plan approval by SMT and construction of Phase 1 of the Netherby development, a property owner other than the Plaintiffs complained to SMT that the Diehls' storm water management plan was causing excessive storm water runoff and land erosion. 20. As a result of the complaints made by the other property owner, SMT ordered further construction to cease until the storm water runoff problem was corrected. 21. Subsequent to the complaints made by the other property owner, Plaintiffs herein also complained to SMT about excessive runoff and erosion. 22. Subsequent to the cessation of construction ordered by SMT, the Diehls, by and through their professional engineers, advised SMT that the problem(s) causing excessive storm water runoff was identified and corrected. 23. Thereafter, Plaintiffs submitted an engineering report dated July 1, 2005 (Exhibit "A" of Plaintiffs Complaint(s) in Equity). 24. Both the Diehls' engineers and the Benjeys' engineers have by affixing their seals, among other representations, certified the accuracy of their conclusions and representations. 25. In or about May 2006, the other property owner referred to in paragraphs 19 and 20 advised SMT that the dispute with the Diehls had been resolved. 26. At or about the same time, the Diehls, by and through their attorney, Robert Saidis, Esquire, filed a request to continue construction of Netherby. 27. The Diehls have represented to SMT that if SMT continues to prevent construction of the Netherby development, suit will be filed to permit construction and seek damages from SMT. 28. It is affirmatively averred that SMT does not have the ability, expertise, or knowledge to resolve the dispute over the Netherby storm water management plan in that Plaintiffs herein and the Diehls maintain opposite positions, which positions are supported by technical expertise not available to SMT. 29. It is affirmatively averred that SMT is in the middle of a private dispute and faces litigation regardless of what decision is made and is without the expertise to resolve the private dispute. 30. SMT affirmatively avers that upon the facts set forth in this New Matter, Plaintiffs have failed to set forth a cause of action against SMT. 31. SMT affirmatively avers that it is immune from liability in this matter. 32. Concurrent with the filing of this Answer and New Matter, SMT has filed a Petition for Compulsory Joinder (of the Diehls) Pursuant to Pa.R.C.P. No. 2227. 33. The averments set forth in said Petition are incorporated herein by reference thereto as though same were set forth fully herein. 34. It is affirmatively averred that this Honorable Court cannot fashion an appropriate equitable remedy without the Diehls' participation in the instant matter. 35. Also concurrent with the filing of this Answer and New Matter, SMT has filed a Complaint joining the Diehls as additional defendants pursuant to Pa.R.C.P. No. 2252(a). 36. The averments set forth in said Complaint are incorporated herein by reference thereto as though same were set forth fully herein. WHEREFORE, the South Middleton Township prays this Honorable Court for whatever relief the Court deems appropriate. Date: I e a. oi 94?p- hA Richard P. Mislitsky, Esquire Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant Attorney's Verification I verify that, to the best of my knowledge and belief, the statements made in the foregoing Answer to Complaint in Equity and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: /Q lZ Q? Richard P. Mislitsky, Esquire Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant Verification I verify that, to the best of my knowledge and belief, the statements made in the foregoing Answer to Complaint in Equity and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: <4(lll South Middleton Township THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Certificate of Service I hereby certify that a copy of the Answer to Complaint in Equity and New Matter has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Date: 16 441,? a OO Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 C?n Richard P. Mislitsky, Esquire preme Court ID #28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA hl 1, NO. 2005- 6?6-?CIVIL TERM -,' CIVIL ACTION - EQUITY NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 a DEFENDANT'S W EXHIBIT J A N J J Q Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- CIVIL TERM CIVIL ACTION - EQUITY COMPLAINT IN EQUITY AND NOW, this 10th day of November 2005, comes the Plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY, by their attorneys, Irwin & McKnight, and makes the following Complaint against the defendants, DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL: The Plaintiffs,Thomas R. Benjey and Ann E. Benjey, are adult individuals residing at 546 East Springville Road, Carlisle, Pennsylvania 17013. 2. The Defendants, Donald E. Diehl and Suzanne Diehl, are adult individuals residing at 110 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Defendants, Raymond E. Diehl and Genevieve A. Diehl, are adult individuals residing at 315 Myers Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. The Defendants have filed a subdivision and land development plan with South Middleton Township which is now known as the Netherby Development. 5. Said lands adjoin the property of the Plaintiffs. 3 6. Pursuant to their plans, the Defendants submitted stormwater plans to manage the storm water created by the Netherby Development. 7. Beginning in 2004 and continuing in 2005, the Plaintiffs have experienced excessive stormwater on their lands with the alarming development of sinkholes on their land. 8. The Plaintiffs hired Liberty Environmental, Inc. to inspect the site and examine the stormwater plans and implementation of those plans by the Defendants with regard to the Netherby Development. 9. The experts, James P. Cinelli, P.E., and Walter M. Leis, P.G., on behalf of Liberty Environmental, Inc., have prepared a report, a copy of which is attached and marked as Exhibit "A" and is incorporated by reference and made a part of this Complaint. 10. The report finds serious deficiencies in the stormwater plans and implementation of those plans by the Defendants. 11. The report finds that the Netherby Development significantly adds to the stormwater directed onto the lands of the Plaintiffs, and finds that the sinkholes are caused by the excessive stormwater created by the Netherby project. 4 12. The expert report also makes certain recommendations to correct the stormwater problems created by the Defendant's Netherby project. 13. The Plaintiffs seek the following relief. A. Injunctive relief by the Court which prohibits the Netherby project from proceeding until its stormwater plan is updated and corrected and remedies applied to the lands of the Plaintiffs. B. That the Defendants be directed to install a new storm sewer line which conveys the stormwater flow beyond the Plaintiffs property. C. Take additional remedial actions on the Netherby site to increase the amount of water detained on the property. D. Repair and correct any sinkholes which have developed on the lands of the Plaintiffs and commit to repairing any new sinkholes which are created on the lands of the Plaintiffs. E. Reasonable expert costs and legal fees and expenses of the Plaintiffs for this action as well as time required to implement the above remedies. WHEREFORE, the Plaintiffs, Thomas R. Benjey and Ann E. Benjey, seek relief as set forth above in addition to any other remedies which the Court deems appropriate in this case. Respectfully submitted, IRWIN & By: Marc A. t, III, Esquire 60 W t Pom7ia et Carlisle, Pend17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiffs, Thomas and Ann Benjey Date: November 10, 2005 5 EXHIBIT "A" EXPERT REPORT for FLOODING AND SINKHOLE DEVELOPMENT at the THOMAS AND ANN BENJEY PROPERTY 546 EAST SPRINGVILLE ROAD SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA Prepared by: James P. Cinelli, P.E. and Walter M. Leis, P.G. Liberty Environmental, Inc. 10 N. 5T" Street, Suite 800 Reading, PA 19601 Liberty Project No. 050129 July 1, 2005 Expert Report for Flooding and Sinkhole Development at the Thomas and Ann Benjey Property 546 East Springville Road, South Middleton Township Cumberland County, Pennsylvania This report was prepared by Liberty Environmental, Inc. under the direct supervision of Mr. James P. Cinelli, P.E. and Mr. Walter M. Leis, P.G. The opinions expressed herein are based on a reasonable degree of scientific certainty. _ _ , P.E. v w E -, F ROFESSIONALI -? A ? INAICHAR LEIS W Senior Hydrogeologist Date 7 / os Date By affixing my seal to this document, I am certifying that the information is true and correct. I further certify I am licensed to practice in the Commonwealth of Pennsylvania and that it is within my professional expertise to verify the correctness of the information. Principal Consultant TABLE OF CONTENTS 1. INTRODUCTION .............................................................................................................1 2. PURPOSE AND SCOPE ...................................................................................................4 3. SITE SETTING .................................................................................................................5 4. EVALUATION METHODOLOGIES AND FINDINGS ..............................................6 4.1 SITE INSPECTION .............................................................................................6 4.2 TOWNSHIP ORDINANCE REVIEW ................................................................7 4.3 REVIEW OF REPORTS AND PLANS FOR NETHERBY SUBDIVISION ....9 4.3.1 Environmental Assessment Report ......................................................................9 4.3.2 Stormwater Management Report and Development Plans ................................11 4.4 RUNOFF CALCULATIONS ............................................................................12 4.5 REVIEW OF GEOLOGIC MAPS ....................................................................15 5. OPINIONS .......................................................................................................................17 6. REFERENCES ................................................................................................................20 LIST OF FIGURES Figure 1 Recent Sinkholes on Benjey Property ...............................................................................3 Figure 2 PA Topographic and Geologic Survey Karst Map ..........................................................16 LIST OF EXHIBITS Exhibit A: Curriculum Vitae Exhibit B: Portion of Dawood Engineering Plan Showing Pre-Developed Sinkholes/Depressions and Drainage Area 2 Boundaries Exhibit C: Stormwater Runoff Calculations ii 1. INTRODUCTION Liberty Environmental, Inc. (Liberty) was retained by Thomas and Ann Benjey to perform a • technical evaluation of flooding and sinkhole development problems that have been occurring on their property since the development of the "Netherby" residential subdivision Further, Liberty was requested to determine if these problems and resulting damages were caused by the construction of the subdivision, and if the damages could have been avoided by the developer. The individuals conducting this evaluation were James P. Cinelli, P.E. and Walter M. Leis, P.G. The full curriculum vitae of Mr. Cinelli and Mr. Leis are presented at the end of this report in Exhibit A. Liberty's evaluation included a review of plans, maps, reports and calculations for the Benjey property and the Netherby subdivision. The findings of the evaluation, as well as our opinions concerning the flooding and resulting damage, are detailed in this expert report. The opinions expressed herein are based on a reasonable degree of scientific certainty. The Benjey property is 14.6 acres in size, and is located at the located at the northwest corner of the intersection of Lindsey Road and East Springville Road in South Middleton Township, Cumberland County, Pennsylvania. The property has, since its first habitation, been primarily a residence with surrounding agricultural land. The property is situated immediately downgradient from the Netherby subdivision, which is a single-family residential development encompassing 58.6 acres. Phase I of the subdivision, which encompasses 10.2 acres, began to be constructed in September. 2003. Consequent and coincident to the construction of the development, increased stormwater runoff has been observed on the Benjey property, resulting in flooding of portions of the property. Also, a series of sinkholes has developed on the Benjey property in a pattern that causes concern to the property and the residence situated thereon. The flooding and sinkhole development are a significant threats to safety and property, and thus require mitigation and long- term maintenance. The locations of the flooding and the most visible sinkholes are shown in Figure 1. The sinkholes, it must be stated, were only activated after construction activity was begun on the Netherby development. The sinkholes located in Figure 1 were confirmed in the field by a walkover inspection of the property by representatives of Liberty and Mr. Benjey. This walkover was conducted on June 1, 2005. There are also other areas on the Benjey property where sinkholes are being activated by subsurface drainage or runoff but are not yet open. The active sinkholes identified in Figure I opened between 2004 and 2005. It can be seen that these sinkholes are "walking" in a direction that points toward the Benjey residence and outbuildings. 2 Figure 1 Recent Sinkholes on Benjey Property Notes. f?:nxS?r f` "r•q-e^'::- ,r• r,•rv 1. Sinkholes 1-3 opened up in 2004 "x74 2. Sinkhole 4 opened in 2005 ? S ?. f •..: ` . ? may.- ; ? ^ - ` ? 1 r a' Y ?, o 3 Oeec Book S 'ogr 116L i = sj r t Na. 'T .L r c 13' from edge of ` sewer easement } 1 i - 2? 1 +? :zz > 7 + o 'j i' { ri 9n- S ? _t- % + prcxoaad owdk ol0lt . o "''?? - . , ?.; , P?}aGC r t : -., ? .. z R ?5' htrn rartfri'F+e t- n,CV- ? ? +4•Y S ? ti r erata!i.' , w.?_• ? ? i'? +!, ? ?-._, ?..f.. ..:?St 6Z?:' ?S?D?.98r+??-`?.^-;Gr8r1' •Tc _ __ }} If.z Lindsey Rood ?Nd "N T-51 7?'`+ E iWtwv?'. a Y No Scale 2. PURPOSE AND SCOPE In order to prepare this report, Liberty conducted research and field inspection activities to determine the following: ¦ What is the cause of the flooding that has been observed on the Benjey property since the construction of the Netherby subdivision? • What is the cause of the sinkhole development that has been observed on the Benjey property since the construction of the Netherby subdivision? ¦ What is the likelihood and possible magnitude of future flooding and sinkhole development on the Benjey property? ¦ What can be done to correct the existing flooding and sinkhole hazards on the Benjey property? Specifically, Liberty completed the following tasks: • A visual inspection of the Benjey property and Netherby subdivision. ¦ A review of the drawings, reports and design calculations for the Netherby subdivision. ¦ A review of South Middleton Township ordinances. • A review of publications regarding stormwater runoff in karst areas. • A review of geologic maps for the site area. ¦ Preparation of an expert report documenting the findings of the inspection and research, and providing expert opinions addressing the questions listed above. The results of these tasks are detailed in the following sections of this report. 4 3. SITE SETTING The Benjey property is located at the northwest corner of the intersection of Lindsey Road and East Springville Road in South Middleton Township, Cumberland County, Pennsylvania. The property is occupied by a two-story residence, a barn and several outbuildings. The residence and other structures are all located on the southeast corner of the property. The remainder of the property is primarily used for growing hay. Two sanitary seNA er easements intersect the property. The property is adjoined to the west and north by the Netherby (formerly "Ashton") residential subdivision. The entire subdivision is to include 113 single-family residential lots. Phase I of the subdivision, which includes 16 lots, has been under construction since September 2003. At the time of the site investigations performed by Liberty, 11 homes were either constructed or under construction. Stormwater runoff from approximately 49 acres of the Netherby development discharges to the Benjey property. Approximately 47 acres discharges to a detention basin located along the east side of the development. The detention basin outflow first crosses a property owned by George and Grace Steigelman, and then flows onto the Benjey property. Approximately two acres of the Netherby development, which includes lots 1 through 4, discharge directly to the Benjey property. The entire site area that encompasses the Netherby subdivision and the Benjey property is underlain by the Elbrook and Zullinger geological formations. The engineering characteristics of these formations are described by Geyer and Wilshusen as follows: ¦ Elbrook Formation: "Light gray, finely laminated, siliceous limestone with interbeds of dolomite and chert ...Thorough investigations for sinkholes and pinnacle... surfaces should be undertaken." ¦ Zullinger Formation: "Interbedded medium-gray limestone and dolomite. Thorough investigation for solution cavities should be undertaken." 5 4. EVALUATION METHODOLOGIES AND FINDINGS The above-mentioned tasks were conducted by Messrs. Cinelli and Leis, or under their direction. The methodologies followed and the findings of the evaluation are presented in the following sections. 4.1 SITE INSPECTION On May 18, 2005, Mr. Cinelli performed a walkover inspection of the Benjey property. A second walkover inspection was conducted by both Mr. Cinelli and Mr. Leis on June 1, 2005. Significant observations from these site inspections were as follows: 1. Stormwater from the Netherby subdivision flows overland across the Benjey property until it meets an 18-inch diameter corrugated metal culvert that runs beneath East Springville Road. The culvert conveys stonnwater flows from the Benjey property to a farmed property on the east side of East Springville Road. Grass in the low area on the Benjey property that adjoins the culvert was observed to be sparser than other grassed areas of the property. This is common in areas that experience water inundation. 2. Road widening was recently performed along Lindsey Road from its intersection with East Springville Road to the Netherby subdivision. According to South Middleton Township officials, the road was widened approximately two feet. 3. The June 1, 2005 walkover identified several large active sinkholes on the Benjey property. It could be seen from the root structures of plants growing near the active sinkholes that a number had opened up in the summer and fall of 2004 because stems and roots of last year's plants were the only plants exposed on the soil prisms that formed the sinks. Other, smaller sinkholes were observed to have opened more recently since plant stems and roots contained in the soil prisms were apparently from this current growing season, since the exposed roots and stems were actively growing. While conducting the survey, Liberty located other potential new sink areas that, while showing the characteristic "ring" structures of cracks in the soil, have not yet opened up and dropped 6 from 2 to 7 feet, as seen in the others. Liberty advised Mr. Benjey not to walk or cross over any active or "incipient" sink zones. Many of these sinks were coincident with the recently installed sewer connection line and residential development construction. No drawings or subsurface information was provided to determine whether any sinkhole zones were encountered during construction of the sewer line. 4. No sinkholes or depressions were observed in the Netherby subdivision during either walkover. 5. Roof drains from the houses on Lots 1 and 4 were observed to discharge to subsurface infiltration trenches. 4.2 TOWNSHIP ORDINANCE REVIEW Liberty reviewed the following South Middleton Township ordinances: 1. Land Development Ordinance No. 1 of 2001, Article VII: Site Planning and Design Requirements (January 2001). 2. Land Development Ordinance No. 1 of 2001, Article X: Special stormwater Management Planning and Design Requirements (January 2001). Section 710 of the Site Planning and Design Requirements contains a number of requirements for stormwater management facilities on developed properties. The following paragraphs highlight specific sections of the ordinance and our responses to whether the design of stormwater management facilities that were designed for Netherby subdivision meet the requirements of the ordinance. • Section 710.c.(3): "...Post-development drainage patterns shall simulate pre-development patterns." The direction of stornnvater flow does not change significantly betN,een the pre- development and post-development conditions. Hoivever, Drainage Area 1, N7hich floivs toivard the natural depression in the rear of the Benjey property (where sinkhole development has been occurring), was 7-educed in size betN,een the pre-and post-developed condlltons. Furthermore, infiltration devices that were installed at some of the homes in this 7 drainage area reduce the volume of storrnwater runoff, as they were designed to completely infiltrate the 2 -year/24-hour design storm. • Section 710.c.(4)(a): "Runoff Capture Design Storm - The net increase in the 2-yr/24-hour frequency stone shall be infiltrated through BMPs...In areas underlain by limestone, BMPs for infiltration shall be designed to simulate the natural infiltration rate on the site prior to development. Dry wells and infiltration trenches shall be prohibited in limestone areas." Despite the ordinances clear prohibition on the use of infiltration trenches in limestone areas, these were added to the development's storrnwater facility design as evidenced by a fax f om Dawood Associates to South Middleton Township dated April 12, 2005. The use of infiltration trenches was observed at the constructed homes on Lots 1 and 4 during the walkthrough. ¦ Section 710.c.(4)(c)(i): "Permanent control measures/facilities shall be designed to assure that the maximum rate of stormwater runoff is not greater after development than prior to development at all points of discharge from the subject site for design storms of 2, 5, 10, and 25-year return frequency storm events." The storrnwater management facility design included an assessment of pre- and post-developed flow rates, and design of storrnwater detention facilities aimed of reducing post-developed peak flow rates to below the pre-developed flow rates. However, as noted below in the review of the plans for Aretherby subdivision, the pre- developed drainage area was grossly overestimated because the loss of surface water to sinkholes and/or depressions was ignored. ¦ Section 710.c.(4)(c)(v): "Calculations of the post-development peak discharge shall assume that all areas being disturbed during construction will be reduced by one Hydrologic Soil Group category level (e.g. HaB is reduced to HaC, etc.)" As noted below in the review of reports.for the ATetherby subdivision, this requirement was not met in the development's storrnwater management plan. 8 4.3 REVIEW OF REPORTS AND PLANS FOR NETHERBY SUBDIVISION Liberty reviewed the following reports and plans for the Netherby (Ashton) subdivision: 1. Environmental Impact Assessment Report, Fisher Mowery and Rosendale & Associates, Inc., April 2000. 2. Stormwater Management and Drainage Study and Erosion and Sedimentation Control Plan, Terry L. Fought, P.E., April 2000. 3. Proposed Grading/Utility Plan (Drawings 3 of 9 and 4 of 9), Dawood Engineering, Inc., April 24, 2003. 4. Inlet Drainage Area Maps, Dawood Engineering. Inc., December 20, 2002. 5. Erosion and Sedimentation Plan and Details, Dawood Engineering, Inc., December 20, 2002. A brief summary of these documents and findings of our review of the documents are summarized in the sections below. 4.3.1 Environmental Assessment Report The Envirommental Assessment (EA) was conducted in accordance with section 714 of the South Middleton Township Land Development Ordinance. As part of this Environmental Assessment, a geophysical contractor, Enviroscan, Inc., was contracted to, presumably, identify and locate potential geological hazards for the Netherby subdivision and, by inference from the ordinance, identify such impacts on the client property and properties adjoining. The primary author of the Environmental Assessment was, further, required to identify potential impacts and propose mitigation or alternatives to mitigate the impacts. The EA was to answer specific questions regarding site conditions as they relate to environmental impacts. This EA was completed as a response to the ordinance requirements and, while it lists responses to each requirement of the ordinance, it is for the most part, silent concerning even the presence of karst features. We are in the following paragraphs highlighting specific sections of the EA and our responses to whether the EA contractor had provided the necessary detail concerning the required information or conclusions. 9 ¦ EA section 714A (4). The requirement herein is for a detailed identification of the physical resources including a narrative of the qualitative and quantitative aspects of the resources mentioned. [4,77ile 170 real discussion of site environmental resources i+-as presented, the EA contractor provided the geophysical investigation report as an appendix to the EA with 170 narrative of the significance of the report's findings. Enviroscan completed a significant aniount of detailed geophysical ivork and located rock structure, interpreted regolith thicknesses, and incipient sinkholes identified as soil pipes. Liberty feels that the lack of discussion indicates that the EA author did not understand the significance of the data that ivas presented.] ¦ EA section 714.d(15). This section requires the author of the EA to discuss the environmental effects, both positive and negative, that the proposed development would cause, and the expected duration of these effects. [These effects are usually termed environmental "impacts ". The EA states, in very brief terns, that the "existing area does not possess any special amenities that tii,ill be disturbed by conversion f?•on agriculture to housing. " There is no discussion at all concerning negative consequential effects as required by the ordinance, even though the geophysical report is quite complete and displays the potential for karst features to develop. In fact, on page 2 of the Enviroscan report there is presented a notification of potential sinkhole problems caused by concentration of storn ester and/or excess infiltration. This is clearly an oversight by the EA contractor]. ¦ EA section 714.d(16). This section requires the EA to contain an alternatives analysis described in narrative form that would "...preclude, reduce, or lessen potential adverse impact or produce a beneficial result." [In this section the preparer of the EA simply and (rather brusquely) stated that, "Building or no building" are the only alternatives. Liberty does not interpret this section as an "either/ or "for the project, but rather a detailed discussion of an analysis of the alternatives that would mitigate any karst-related impacts. Hotii?ever, not having even discussed the potential karst problems that ivere presented by the geophysical study, leads us to believe that these aro tasks ivere completed in a non-interdisciplinary .fashion and, purposely, no information ii as derived from the geophysics to be included 10 ivilhin the EA. It was noted that the geophysical survey ti17as completed almost three Years prior to the EA and its significance ivas not shared ivith the EA contractor J. ¦ EA section 714.d(17). This section asks for a detailed discussion regarding adverse environmental impacts. [The preparer of the EA largely missed the meaning of this requirement. In fact, the E.4 only discussed potential responsibilities of the Township to i0den roads, provide fire and police services. The preparer totally disregards the potential for sinkhole collapse, and the other hazards that karst presents, such as ground ivater effects and building damage.] ¦ EA section 714.d(18). This section requires a discussion regarding mitigation of any adverse environmental effects. [Since the E.4 is totally silent on the fact that karstfeatures represent a serious environmental concern, such a discussion b1'as completely overlooked. The EA does not consider the soil and geologic conditions that pertain, and no discussions or plans are presented to consider how the sinkhole problems can be avoided or mitigated. Consequently, the sinkhole conditions, as presently seen, are occurring and nray continue to occur unless mitigation is undertaken by the developer]. 4.3.2 Stormwater Management Report and Development Plans A review of the drawings prepared for the Netherby subdivision by Dawood Engineering, Inc. revealed a significant drainage feature that was not incorporated into the stormwater facility design for the development. This is the presence of four topographic depressions within Drainage Area 2. Two of the depressions are quite large, with depths of approximately two feet and five feet. Prior to development, these depressions would have intercepted stonnwater runoff from approximately 44.23 acres. The Stormwater Management and Drainage Study prepared by Terry L. Fought did not consider the effects of these depressions on pre-developed stormwater runoff, despite their size and significant contributory drainage area (Fought estimated the size of pre-developed Drainage Area 2 to be 74.75 acres). It is known from hydrologic studies and published literature (Aron, et al, 1981) that in karst areas, a significant amount of stormwater in undeveloped areas is lost through infiltration. It is common practice to account for these losses by either excluding the portions of the drainage area that flow to sinkholes and depressions in the pre-developed drainage area, or to use a correction factor, typically between 0.33 and 0.5) to reduce the pre-developed floe- rates that is predicted by common hydrologic models such as TR-55 and the rational method. No consideration of the loss of pre-developed runoff to sinkholes and depressions was included in the stormwater management facility design for the Netherby subdivision, resulting in a significant under-design of stonnwater detention facilities. This under-design is quantified in the runoff calculations detailed below. The locations of the sinkhole/depressions are shown in Exhibit B. Another oversight in the Stormwater Management and Drainage Study, as noted previously in the ordinance discussion, was the omission of the requirement to reduce the Hydrologic Soil Group of disturbed soils from the pre-developed to the post-developed conditions. The curve numbers shown for the pre-developed and post-developed conditions in Attachment 1 of the Stormwater Management and Drainage Study indicate that the same soil groups were used in the development of the pre-developed and post-developed weighted curve numbers for the drainage areas. Therefore, the post-developed flows were under-estimated, and thus would result in an under-design of stormwater detention facilities for the development. 4.4 RUNOFF CALCULATIONS Drainage Area 2 In order to detennine the correct pre-developed and post-developed stormwater flow rates and quantify the degree of over- or under-estimation of these flow rates in the stormwater management facility design, Liberty delineated a revised pre-developed drainage area which excludes the area that drains to the four sinkhole/depressions that were indicated on the DaNvood Engineering, Inc. design drawings. It was determined that the two large sinkhole/depressions intercept an area approximately 43.73 acres, and the two smaller sinkhole/depressions intercept an area approximately 0.5 acre, for a combined intercepted area of 44.23 acres. The resulting drainage area that actually makes up Drainage Area 2 is 21.49 acres in size. This is significantly smaller than the pre-developed drainage area of 65.72 acres that was incorporated in the 12 stormwater design calculations, resulting in a gross overestimation of pre-developed runoff rates. An outline of our revised boundary for Drainage Area 2 is depicted in Exhibit B. As indicated previously, the stormwater calculations for the Netherby subdivision failed to account for a change in the Hydrologic Soil Group between the pre-developed and post- developed condition, resulting in an underestimation of the post-developed flow rates. As an example, the curve number for good-condition grass in B-type soils should be increased from 61 in the pre-developed condition to 74 in the post-developed condition. Another development impact that resulted in a change in curve number was the removal of a 400-foot long row of deciduous trees on the Benjey property to install a sanitary sewer line. Using corrected values for the pre-developed drainage area size and the post-developed curve numbers, Liberty calculated the correct pre-developed and post-developed runoff rates for Drainage Area 2. A summary of the flow adjustments and overall difference between the corrected flow rates and those used in the Netherby subdivision design calculations, is presented in the tables below. A detailed summary of the flow calculations is provided in Exhibit C. Overestimation of Predeveloped Flow Sloan': Frequency r Predevebped Flow Ignoring Sinkhole Loss, cfs " Predeveloped Flow Consideriing;Sinkhole toss _ cfs "" ` overestimation of ?,,redeveloped_Flow" cfs 1 19.66 4.54 15.12 2 24.75 5.70 19.05 5 31.88 6.15 25.73 10 39.56 7.61 31.95 25 47.10 10.64 36.46 50 55.21 12.93 42.28 100 65.56 16.01 49.55 Drainage Area = 74.74 acres Drainage Area = 21.49 acres 13 Underestimation of Postdeveloped Flow Storm,. l=requency r = :Postdeveloped Flow ; Without Soil, ategory "' Retuctioncs ` . Postdeveloped.Flow. W th SoiLCategory Reduction cfs " Underestimation of Postdeveloped, Flow cfs 1 41.93 48.13 -6.20 2 52.14 59.54 -7.40 5 66.50 75.31 -8.81 10 82.00 92.17 -10.17 25 97.03 108.64 -11.61 50 112.75 125.40 -12.65 100 113.17 146.89 -33.72 Cumulative Increase in Flows Caused by Development Storrs. Frequehcy r cumulative l=Jow, ;Increase cfs °o^Increase in storm watefflow After `'Develo merit' 1 21.32 470% 2 26.45 464% 5 34.54 562% 10 42.12 553% 25 48.07 452% 50 54.93 425% 100 83.27 520% Drainage Area 1 Dawood Associates submitted designs for infiltration trenches for individual lots that takes into consideration the increase of impervious area from each home that is constructed. The purpose of these infiltration trenches was presumably to reduce the post-developed flow volume to the pre- developed flow volume for the 2-year/24-hour storm event. However, the change in soil group and resulting increase of curve number following development was not considered, and accounts for a significant increase in stomiwater volume. Eliminating the building areas in post-developed Drainage Area I (since their areas are infiltrated), Liberty performed pre- and post-developed stormwater volume calculations for the drainage area. These calculations account for the change in hydrologic soil group. It was determined that an increase of approximately 2,456 cubic feet of stormwater volume occurs as the result of development of this drainage area for the 2-year/24- 14 hour storm event. This increase in volume from high-frequency storm events is a contributing factor in the development of sinkholes on the Benjey property since the construction of the Netherby subdivision began. 4.5 REVIEW OF GEOLOGIC MAPS Liberty reviewed the Carlisle, PA quadrangle map of the Sinkholes and Karst-Related Features of Cumberland County, Pennsylvania (Open File Report 8902, R.E. Kochanov, 1989), published by the Pennsylvania Bureau of Topographic and Geologic Survey. The map identified potential and active karst features including sinkholes, soil depressions, "ghost lake" caverns, rock pinnacles and circular soil tonal variations consistent with karst topography. In this map, Kochanov had located a number of karst features on surrounding properties (see Figure 2). Two closed depressions were mapped on the east side of the Benjey property, and no karst features were mapped on the west side of the property. This is interpreted to mean that for the time period in which aerial photos were available to develop the map (mid 1930s until 1989), there were no active sinkholes on the Benjey property. From discussing this with Mr. Benjey, he was aware of only one recent sink area on his property since that period (presumably associated with the drought of 1999-2002). However, since the Netherby development has been under construction beginning in September 2003, at least five active sinkholes have formed and a number of other incipient sink zones were noted on the Benjey property in the field visit of June 1, 2005. One of the five sinkholes that developed on the Benjey property was reported to be approximately 20 feet wide and five feet deep. This sudden appearance of sinkholes is, in our professional opinion, related to construction activities at the Netherby subdivision. 15 Figure 2 PA Topographic and Geologic Survey Karst Map LZ ~. may" ? ?/' / E H L. n ^r } ryt q ? ?? III ?i .,, ? ? (._ jA '"-,,?, ?/ . ?. ? A ? _ ? ,i"' (:` ? ? 3 •3"' ? ..f"r?c Q?,?`? © ??? ??'"? I r ?.-, ' ),? i ?.-; ? `? 'i ? 1 ?r. ? ?f-' _;. 1t f J'1? i?r--? ?° 14!` f'_ - _ ? ' it J ? t R t. ? ??'? \ ???? - j °: _ -?? y? r?>?© `•s" `,?,'? `,rt`..J Oyj.-?\. C'fetY i ,' _ Y.-?._,*??' YY t?: `•?+?' j'' _ q p ©? 1 Netherby Subdivision Benjey Property c t\? IL ss t\ .n b ?r-i t ' ©?rj err ?r 1 1' 1 yti 59 ?N i7? 1 y . _ IN\ rr (? ©? , 3 C:C S" +11 ?V 1?? l t. ; o jo- J 0- 'C", ir- ©,°? t '?, .,•TS Sty. A _Ir R-) , y o ? ? ?/ ? ? a _ y ?. ? !! ?? r o I'?t ? C ,? ? ? -.,.'y; ??"EAflA CR?1rtT ?a ?-'? !• 1 ? . t' Ir' j'r t _ ry A? t© fr b 1`'?qk? 0ll111? +7?7,??.?a a>? 13 16 5. OPINIONS In our expert opinion, based on a reasonable degree of scientific certainty, we opine the following: I . Sinkhole Developnnent: The problem of the activation of sinkholes on the Benjey property is one that was foreseeable and, for the most part, addressable by the developer of the Netherby subdivision. It is our opinion that karst impact should have been included in the EA and mitigation measures should have been addressed during the site development design stage. The EA was of little use to provide such information, although EA Exhibit No. 3 (the Final Geophysical Survev by Enviroscan, Inc.) certainly provided as much detail as would be required to complete a thorough assessment of sinkhole hazards with necessary Environmental Impact Analyses and Mitigation Analyses. The maps 1 through 4, included as exhibits within the geophysical survey report, contained enough detail to identify the fact that sinkholes, if activated, would become a problem for this project area. The geophysical report presented conclusions consistent with the scientific data that land disturbance in this area could predictably cause the formation of sinkholes. This data was presented to the author of the EA in a very generous time frame; the geophysical survey being completed almost three years prior to the EA. However, the EA was completely silent on the entire subject of enviromnental impacts related to karst. This was a serious oversight, since building construction has already begun, and street and utility construction is completed. Our concerns are primarily focused on the dwelling and the outbuildings of the Benjeys. If their property remains in agricultural use, we feel that the developer can, until the area is completely stabilized, conduct karst remediation on a sinkhole-by-sinkhole basis using accepted mitigation techniques. However, sinkholes that occur near the house and outbuildings can cause major structural failure to a house that is a historical artifact and represents a genre in Pennsylvania German architecture of the 18°i and 19`}' centuries. Needless to say, Liberty is similarly concerned about potential sinkhole damages to the very houses and streets at the Netherby development since. apparently little, if any, mitigative measures were discussed, proposed, or planned for this project. 17 2. Flooding. The plans prepared by Dawood Engineering clearly indicate the presence of sinkholes and/or closed depressions in Drainage Area 2 of the Netherby subdivision property prior to the start of construction. The failure to incorporate the losses of stormwater flow to these features in the stormwater design calculations for the development significantly overestimated pre-developed flow rates, resulting in significant under-design of stormwater management facilities, since these features were backfilled during site development. Furthermore, the failure to account for a change in hydrologic soil group between the pre-development and post-development conditions, as required by Township ordinance, resulted in an underestimation of post-developed stormwater flows from the development. The combined result of these errors resulted in an increase of up to 562% of stormwater flow after development, despite the installation of stormwater detention facilities. In addition to the increase in runoff in Drainage Area 2, Liberty's calculations indicate that an increase in stormwater volume occurs in Drainage Area 1 for the high-frequency 2-year/24-hour storm event, despite the installation of infiltration trenches on the lots in this drainage area. This is due to the design engineer's failure again to account for the change in hydrologic soil group between the pre-developed and post-developed condition. The resulting volume increase for the 2-year/24-hour storm event is 2,456 cubic feet. This drainage area drains to the area on the Benjey property where sinkholes have recently developed, and the increased volume is a contributing factor to the sinkhole development. 3. Remedies. One or a combination of the following remedies should be immediately implemented to correct the flooding and sink=hole problems that have been created on the Benjey property from the construction of the Netherby subdivision: a. Slorn7»,ater Volume Reduction in Drainage Area 1: Increasing the capacity of the existing infiltration trenches, and/or adding additional infiltration structures, would appear to be the most feasible methods to restore the volume of runoff from the 2-year/24-hour storm event to below the pre-developed condition. Other volume reduction methods, such as capture and reuse or increased evapotranspiration, are not likely to be feasible for this area. One feasible 18 ^.?--_,__"._._-•---?"' .. I,4?? .? " ? ' t ? .s ,CIIS . TJ ?- ?T•Y•,' ll? ?... J ?`- o to cv to t5nfi ^ p? t3t ?' t 10 QQ' c (i1 s ] Q- r 1} 000 u o4 ``: 0 X .J g 'ir IT3 .1 ` b 1 ?° . LL} 1 ti ,, •'Ui. `-,. 4i' ,"I• " ?\ •` tip ypAtOF,tIZ ('}FL Jth9,.ii?r- y: i _ Y 1 CD lfoF °_ r ? ,., ? .. AIM _ .. 'i' ,. •- .,?,,. S ? ., -,. ?N?1 '1 !4 !`,,,'... ,r„••,,,.,...:+'^^' ???t.,Ga !cam ?,,...-?-?-^• {..1Y7. ?L,°t1 f a°Qa..6tLati *Q(3JN! y4r 01 Vo 'A f-x _ ? 1 yy,'?y?.]]•? L 1 1 i i , ti , ? r < ! r, } 't! ? tr1 cn ? U 7L v cb?? i?? " amt L t "' v'[L ! J ,'? }? T 1,' 1 • ? t ? 1? ?('Mi X?,_ ?A •i111?i1.i',I YlI3A/"N 1?,ua ';S `x?,' ij ! !z ? ? ao- ?'" _ ! ; 'y.l f o, nnM=*+r+rn ,Lrtln» 4 '? ! ,'. pDO& alternative may be to convey all or a portion of the stonnwater flow from Drainage Area 1 to a location beyond the Benjey property via a new storm sewer line. b. Storinivater Flow Reduction in Drainage Area 2: Providing additional stormwater detention, either by increasing the size of the existing detention basin or adding additional detention basins within the Netherby subdivision, appears to be the most straightforward method to reduce post-developed stormwater flow rates to the pre-developed rates. Minimizing the amount of impervious coverage in future construction in the development could be combined with additional detention to achieve stormwater flow reduction. One alternative to increased detention that should be considered is conveying the discharge from the existing detention basin through the Benjey property via a new storm sewer line. This new storm sewer would likely need to be terminated at a point on the east side of East Springville Road. A second alternative that may be feasible is re-excavating the two large original sinkholes in the Netherby subdivision and creating inverted filters -within them. If their stonnwater capture potential can be restored, the increase in stonnwater runoff could be mitigated. This alternative would likely require deed restrictions, engineering controls, and a maintenance agreement. c. Contingency Plan: The developer of the Netherby subdivision should develop a plan to address future karst failures on the Benjey property. The plan should commit the appropriate resources to respond to karst failures in a timely manner during construction of the Netherby subdivision and for a specified time period following the completion of construction. The preparers of this report reserve the right to amend this report, including the opinions. upon receipt of additional data that is pertinent to the site. 19 6. REFERENCES 1. Aron, G., et al, Procedure for PSU-IV for Estimating Design Flood Peaks on Ungaged Pennsylvania TN'atersheds, 1981. 2. Geyer, A. R. and Wilshusen, J.P., Engineering Characteristics of the Rocks of Pennsylvania, Pennsylvania Geological Survey, Environmental Geology Report No.1, 1982. 3. Kochanov, W. E.., Sinkholes and Karst-Related Features of Cumberland County, Pennsylvania (The Carlisle Qudrangle), Open File Report No. 8902, 1989. 4. Laugland, J., Stoi-inwater Alanagemerrt Design in Karst Terrane Adjusting Hydrology Models and Using Karstic Features, 1999. 5. Ralston, M. and Oweis, I., Geotechnical Engineering Considerations for Storinwater ,Management in Karst Terrain, 1999. 6. Wilshusen, J. P. and Kochanov, W. E., "Environmental and Engineering Applications: Carbonate Terrain," The Geology of Pervzsylvania, 1999. 20 EXHIBIT A CURRICULUM VITAE JAMES P. CINELLI, P.E. CURRICULUM VITAE Fields of Competence QualiRcations Summary Mr. Cinelli is experienced in Phase I, II & III environmental site ¦ Over 14 years of experience assessments; remediation system design; site remediation management; in environmental spill prevention and response plans; stormwater and wastewater management consulting for industry. systems design, permitting and construction; erosion control plans; stream encroachment and earth disturbance permitting; and waste ¦ Project manager for the management. underground storage tank ` management program for a laree Convenience Store Credentials company in Pennsylvania ¦ Extensive experienced with M. Eng, Environmental Engineering, Pennsylvania State University Phase i and II assessments, (2000) environmental compliance MBA, Business .Administration, St. Joseph's University (1995) audits, and due diligence B.S., Civil Engineering, Lehigh University (1990) studies. Professional Engineer registered in Pennsylvania, Delaware, Tennessee, ¦ Managed numerous remedial New Jersey, Virginia, New York and Connecticut investigations and feasibility studies under PA Land Training and Associations Recycling (Act 2) Program for chlorinated solvent, PCB and fuel oil contaminated 40-Hour Hazwo er Trainin P g sites. 8-Hour Hazwoper Supervisor Training New Jersey UST closure and subsurface investigation certifications Accredited asbestos building inspector and management planner Member of American Society of Civil Engineers Key Projects 18th & Callowhill Streets Site, Philadelphia, PA_ Managed site remediation project at a former transformer manufacturing facility. Site work included reconstruction of a concrete retaining wall, installation of temporary shoring to enable excavation to the property boundary while protecting the adjacent streets and utilities, excavation and disposal of approximately 1,000 tons PCB-contaminated soil, and installation of HDPE cap. Managed health and safety concerns through an active public participation program, and secured a Release of Liability through Pennsylvania's I-and Recycling Program. Baldwin Locomotive Works, Eddystone, PA - Conducted site assessment activities under Pennsylvania's Land Recycling Program. Work included groundwater monitoring well installation, soil borings, a test pit investigation and preparation of a Remedial Operation & Maintenance Plan to address impacted soils encountered during Pa;e I of 5 REV 116/21104 JAMES P. CINELLI, P.E. CURRICULUM VITAE redevelopment of the site. Conducted PCB testing in an electric substation containing 30 transformers and capacitors. Scattered Sites, North and South Carolina - Managed the decommissioning of five bleach and dye facilities, including asbestos inspections and abatement, characterization and disposal of drummed waste materials, assessment and remediation of contaminated soil and groundwater (petroleum products and chlorinated solvents), and aboveground and underground storage tank removals. Jefferies Knitting Mill, Albemarle, NC - Managed the decommissioning of a former bleach and dye facility. Provided management of approximately 200 drums of waste, including drum inventory, material characterization, consolidation, transportation and disposal. Conducted site assessment activities to delineate the extent of PCE in groundwater from former dry cleaning operation. Performed the removal of two 50,000 gallon 46 fuel oil USTs and off-site bioremediation of 600 tons of impacted soil. Conducted an asbestos inspection in preparation for future building demolition. PennsvIvania Steel, Hamburg, PA - Managed environmental assessment activities at this site in pursuit of a Release of Liability under Pennsylvania's Land Recycling ("Act 2") Program. Historic industrial activities at the site included steel and stainless steel foundry operations, as well as truck body manufacturing. Investigated numerous areas of concern, including nine (9) underground storage tanks, an oil-water separator, and two (2) areas where foundry sand and slag were buried. Groundwater investigation activities, including installation of five (5) groundwater monitoring wells, aquifer testing, and fate-and-transport modeling were also performed. A Release of Liability was obtained under Statewide Health Standards for soil, and a Site-Specific Standard was established for naphthalene in groundwater utilizing the results of the Bioscreen fate-and-transport modeling that was performed. Other environmental investigation activities performed at the site included a comprehensive asbestos inspection, a radiological survey at a former non-destructive metal testing facility, and Johnson & Ettinger vapor intrusion modeling. Convenience Store, Lancaster County, PA - Removed 8,000 gallon gasoline UST and conducted a site characterization to delineate the extent of soil groundwater impact. Designed and installed a granular activated carbon pump-and-treat system, and secured NPDES permit for surface discharge of treated effluent. Conducted a fate-and-transport study to demonstrate attainment of Statewide Health Standards, and secured a release of liability through Pennsylvania's Land Recycling Program. Woodruff Oil, Bridgeton, NJ - Managed the design and installation of a secondary containment upgrade at a bulk fuel storage facility, in order to comply with recent changes to aboveground storage tank regulations. The secondary containment upgrade included a high-density polyethylene (HDPE) liner. The project required the design of a special perimeter anchoring system due to the proximity of adjoining structures. Site-specific designs for liner penetrations were necessary, due to the size, number and type of obstructions that were present (tanks, pipe supports, pump house, etc.). Convenience Store, Lancaster, PA - Two underground storage tanks were removed in order to meet PADEP and USEPA upgrade requirements. Impacted soil was discovered in the tank excavation. Prepared a Remedial Action Plan, and performed on-site remediation of excavated contaminated soil using ex-situ bioremediation technology. After complete remediation of soil, a Release of Liability was issued by PADEP using Statewide Health Standards. Poultry Processing Facility, Lebanon County, PA - An emergency response firm responded to a release of sulfuric acid from an aboveground storage tank at a poultry processing facility (location 1'a,,r 2 of i REV 0e/2004 JAMES P. CINELLI, P.E. CURRICULUM VITAE confidential). After Elk completed the excavation of heavily impacted soil, UAI personnel conducted a site assessment and risk assessment under Pennsylvania's. Act 2. Systematic random arid sampling was conducted, and a risk assessment was performed, which indicated that residual contaminants remaining in the soil were protective to human health and the environment. An Act 2 Release of Liability was granted by PADEP using a Site-Specific Standard. Convenience Store, Bedford, PA - A Phase II Environmental Site assessment indicated that three gasoline underground storage tanks were previously located on this site. A soil and groundwater investigation was performed, and impacted soil and groundwater were fully delineated. Impacted soil was excavated and disposed off-site. The groundwater plume was determined to be stable by conducting quarterly groundwater monitoring. Following the completion of groundwater monitoring, a Release of Liability was issued by PADEP using Statewide Health Standards. Convenience Store, Downingtown, PA - Performed a site characterization in response to a release of gasoline from an underground storage tank system. Designed and managed soil vapor extraction and bioventing feasibility studies to evaluate the effectiveness of these technologies for remediation of gasoline-impacted soil. Prepared a Remedial Action Plan which was approved by the Pennsylvania Department of Environmental Protection, and designed a bioventing remediation system. Managed construction and operation of the remediation system. Convenience Store, Lancaster County, FA - Performed a site characterization in response to a release of gasoline from an underground storage tank system. Designed and managed a soil vapor extraction feasibility study to evaluate the effectiveness of this technology for remediation of gasoline- impacted soil. Prepared a Remedial Action Plan which was approved by the Pennsylvania Department of Environmental Protection, and designed a dual-phase extraction remediation system, utilizing a liquid ring pump, an air stripper, and vapor phase carbon, to simultaneously remediate soil and groundwater. Managed construction and operation of the remediation system. Convenience Store, Annville, PA - Performed a site characterization in response to a release of gasoline from a failed o-ring on an underground storage tank system. Due to impact to groundwater at the property line, determined that no exposure pathways were present by conducting a receptor survey and fate-and-transport study. Demonstrated attainment of a Site-Specific Cleanup Standard for MTBE, securing a Release of Liability through Pennsylvania's Land Recycling Program. Convenience Store, Halifax, PA - Removed two underground storage tanks in preparation for a real estate transaction. Due to the presence of MTBE in groundwater, a Site Characterization was performed, which identified an MTBE plume extending off-site. Performed a receptor evaluation and fate-and-transport survey. Negotiated deed restrictions on three properties, eliminating potential exposure pathways and enabling demonstration of attainment of a Site-Specific Cleanup Standard for MTBE. Secured a Release of Liability through Pennsylvania's Land Recycling Program. Convenience Store, Coatesville, PA - Performed a remedial alternatives analysis for treatment of gasoline-contaminated groundwater. Selected an innovative design - a Trickling Filter Bioreactor - over more traditional technologies such as granular activated carbon and air strippers. Designed and installed the remediation system, and secured NPDES permit for the system's discharge. Performed monthly system maintenance, discharge monitoring and reporting. Operational cost savings of $80,000 to $100,000 per year was realized. Pale 3 of 5 REV NaUU4 JAMES P. CINELLI, P.E. CURRICULUM VITAE Confidential Client - Conducted Environmental Compliance Audits of two steel manufacturing facilities in preparation for an EPA multi-media audit. Responsibilities included performing a review of environmental _reports and permits and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials, and storage tanks. Confidential Client - Conducted Environmental Compliance Audits of a warehouse facility and a wire and cable manufacturing facility for a major battery manufacturer. Responsibilities included performing a review of environmental reports and permits and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials and storage tanks. Confidential Client - Conducted Environmental Compliance Audits of five automobile part re- manufacturing facilities. Responsibilities included performing a review of environmental reports and permits, and conducting visual inspections of the facilities. Determined the facilities' compliance status with respect to federal and state environmental laws and regulations governing solid and hazardous waste, water quality, hazardous materials, and storage tanks. Allied Signal, Pottsville, PA - Implemented and certified the closure of a permitted RCRA hazardous waste storage facility. The project included pad decontamination, management of wastewater, post- decontamination sampling and analysis, and closure certification. Berks Landfill Superfund Site, Spring Township, Berks County, PA - Performed a waste volume analysis for a PRP group. Historical aerial photographs and topographic mappings of the landfill site were reviewed in order to determine the method of landfill construction, and to estimate the depth of buried waste. A grid was overlaid on the waste disposal areas, and the total volume of waste was calculated based on estimated depth of waste at each grid point. A summary report was submitted to the PRPs' attorneys for Superfund litigation defense. United States Postal Service, Bellmawr, NJ and Wilmington, DE - Designed/specified wastewater recycling systems for USPS vehicle maintenance facilities. Work included reviewing building drawings, surveying drain sizes and depths, designing collection trenching and piping, and preparing performance specifications for wastewater recycling equipment. Performed construction inspections. Limestone Quarry, Bechtelsville, PA - Designed/specified a wastewater recycling system for truck maintenance and washing operations. Work included reviewing building drawings, surveying drain sizes and depths, and wash pad and collection sump design. C.S. Garber & Sons, Boyertown, PA - Designed/specified a wastewater recycling system for drill rig washing operations. Work included surveying building dimensions, design of a dual gate-controlled wash pad and a 5,000-gallon sediment settling tank, specification of ultrafiltration water recycle equipment, and construction management. Sun Drilling Products, Belle Chase, LA - Designed a vehicle wastewater treatment system and performed NPDES permitting for a drilling products manufacturer. Washwater treatment system design included a topographic survey, settling tank design, vehicle entry/exit ramp design, and oil/water separator specification. An NPDES permit was secured for the wastewater discharge and a new Styrene Divinyl-Benzene Copolymer manufacturing plant. Page 4 of 5 REV Obi' .004 JAMES P. CINELLI, P.E. CURRICULUM VITAE Convenience Store, Coatesville, PA - Performed an evaluation of a malfunctioning small flow sewage treatment system. Established improved system operating procedures and retrofitted the system with a second aerator to ensure compliance with NPDES permit limits. Performed monthly maintenance and prepared discharge monitoring reports. Oley Valley Elementary Center, Oley, PA - Designed stormwater management facilities and prepared erosion control plan, and prepared a stream crossing general permit application for a proposed elementary education facility. Due to the extensive area of soil disturbance, an Earth Disturbance Permit was secured from the Pennsylvania Department of Environmental Protection. Golden Oaks Golf Club, Pricetown, PA - Designed stormwater management facilities and prepared erosion control plan for a 280-acre championship golf course. Due to the extensive area of soil disturbance, an Earth Disturbance Permit was secured from the Pennsylvania Department of Environmental Protection. The design included five sediment/stormwater detention basins, and several diversion swales and sediment traps. Garden State Growers, Flemington, NJ - Prepared stormwater management facilities, including five stormwater detention/sediment basins. Prepared stream encroachment pen-nit applications for three stream crossings and five detention basin outfalls. Cataldi Waste Disposal, Inc., Reading, PA - Served as design engineer and project manager on 10- acre land development project for a recyclable materials transfer station. Responsibilities included site grading, vertical and horizontal alignment of industrial access driveway, design of stormwater management facilities, and preparation of an erosion control plan. Central Catholic High School, St. Lawrence, PA - Designed grading, stormwater conveyance facilities, and erosion control plan for the expansion of practice fields at a high school athletic center. Cambridge-Lee Industries, Reading, PA - Designed a constructed wetland for removal of copper from industrial stormwater and cooling water discharge, and prepared an erosion control plan for same. Publications and Presentations Cinelli, J. P., "Applied Storm Water Management for Small Watersheds," presented at Penn State Great Valley, Fall 1999. Cinelli, J. P., "Ask a Lawyer," Served as a panel member for Berks County Bar Association's television program covering underground storage tank regulations, 1997. Cinelli, J.P., "Environmental Assessment and Pennsylvania's Land Recycling Program" presented at lending institutions, bench-bar association conferences, and realtor training seminars. Cinelli, J.P., "Understanding Environmental Regulations," presented at Berks Chamber of Commerce, 21000. Cinelli, J.P., "Ex-Situ Remediation of MTBE-Contaminated Groundwater Using a Trickling Filter Bioreactor", 2004. Page 5 of 5 REV 06;2004 WALTER M. LEIS, P. G. Senior Hydrogeologist CURRICUL UAI' VITAE Qualifications Summary Fields of Competence ¦ Over 28 years of experience in environmental practice of Mr. Leis has expertise in detection and abatement of groundwater hydrogeology, as a field contamination attributable to chemical spills, radionuclides, and solid hydrogeologist field waste disposal problems; design of artificial recharge wells, model , supervisor, technical simulation of groundwater systems; siting of hazardous waste supervisor, and project repositories and landfills; permitting, expansion, and closure of solid manager. waste facilities; practical applications of geophysical surveys to ¦ Chief geolocist / task leader contaminated hydrologic systems, site investigations and borehole investigating solvents and geophysical surveys; geochemical studies of acid mine drainage and radionuclides migrating in hazardous and nuclear wastes; system installation and rehabilitation of groundwater and discharging to surface waters at sites in groundwater extraction and recharge wells; design of horizontal PA, NJ, OH and MO, and galleries; expert witness. for 26 Uranium Mill Tailings Remedial Action Served as project leader investigating sediment transfer of (UMTRA) Program sites in hazardous materials and radionuclides in sites in PA, NY, NJ, Olt, the western US. MO, VA, and SC. ¦ Project Director and chief Developed geochemical sampling techniques for karst and deep geoscientist at over 100 thine sampling. Evaluated synthetic and field hydrologic data for different contaminant and deep formational analysis in coal field projects. hazardous waste sites in ¦ Research experience developing mapping techniques for subsurface U.S., U.K., and Asia. Expert in approximately fifteen structures having multi-state hydrogeological significance, and related court cases. defining ore bodies by geochemical prospecting. ¦ Directed numerous ¦ Six years of research applying geophysics to evaluating successful projects for siting, , contaminated ground water supplies in fractured rock and karst designing, and permitting of areas. Project Director for artificial recharge and deep well disposal solid and residual waste studies: consultations for waste disposal and aquifer quality storage and disposal sites, problems for coastal communities. Developed specific hy- ¦ Numerous aquifer restoration projects involving multiple ground- drologic routing and seepage models for cap and liner water zones contaminated by radionuclides, landfill leachate and design, and for active high-density, low-solubility organics. Expert Witness for three groundwater cleanup, successful, precedent-setting aquifer contamination cases. Project Applied research to develop Director and chief expert for the only groundwater cleanup system various landfill caps using nominated for a demonstration grant in original Resource synthetic soils for residual t Conservation and Recovery Act (RCRA) legislation. was es, vapor routing caps for radon and methane gas ' Remediation applications using slant, horizontal drill and lance collection, and permeable injection techniques. Applied horizontal and slant drilled wells for caps for asbestiform mineral collection galleries in complex hydrogeology, and injection of piles. grouts for redirecting contaminant flows. ¦ Directed projects affecting chemical and physical rehabilitation of fouled contaminant extraction and recovery systems. Developed early warning appliances and automated data systems used to detect fouling at early, reversible stages. Page 1 of RE V 06/2004 WAL TER M. LEIS, P. G. Senior Hydrogeologist Credentials CURRICULUM VITAE M.S.. Hydrogeology -University of Delaware (1975) B.S., Biochemistry - Albright College (1966) Registered as a Professional Geologist in the States of Delaware, Georgia and Indiana, and in the Commonwealths of Pennsylvania and Virginia. Training and Associations Cooperative Program in Environmental Engineering -- University of Pennsylvania (1968) Additional Special Course Work in Geology and Hydrology -- Franklin & Marshall College, and Pennsylvania State University Satellite Data Processing Training -- Goddard Space Flight Center (1983) Trenchless Technology Training (Westinghouse 1990) OWRR Research Fellow (1973-74) Geological Society of America -- Engineering Geology Division Society of Economic Paleontologists and Mineralogists Association of Engineering Geologists -- Chairman, Hazardous Waste M-nit. Committee (1985-88) Hazardous Materials Control Resource Institute (HMCRI) - Superfund Conference Program Development Council (1986-1994), Federal Environmental Restoration Conference Program Committee (1992-1994) Honored Graduate for Delaware, Office of Water Resources Research (OWRR), 25th Anniv. (1989) American Academy of Forensic Sciences, Elected Member (Engineering Sciences Section) DOE Peer Reviewer for radionuclide applications of colloidal silica grouts by horizontal drilling and lance injection. DOE Peer Reviewer for DNAPL and Mixed Waste Research fitnded by DOE (on-going). Key Projects Municipal Water Supply Development. Project director on a number of large ground water drinking water supplies. Sites included Atlantic City, NJ (13 mgd); Berks County, PA (0.5 mod); Hackettstown, NJ (1.2 mgd). Projects involved siting, water development, monitoring, modeling and permit application. Airport Environmental Survey, City of Philadelphia, Division of Aviation, Philadelphia International Airport, Pennsylvania -- Project Director. Initiated this fast-track $270 million airport expansion environmental survey. Project involved detailed quantitation of hazardous wastes and groundA ater conditions in a sole-source aquifer area. Site Investigations, PCB Advisory Committee of the Hudson River, New York State Department of Environmental Conservation (NYSDEC), New York -- Project Manager. Led a team that studied soils and groundwater potentially contaminated by polychlorinated biphenyls (PCBs) at 13 dredge spoil disposal sites in the Hudson River and Adirondack Mountain areas. All site investigations were completed on-time under harsh weather conditions in January through March. Objective was to Page 2 of 9 R E V 06/2004 WALTER M. LEIS, P.G. CURRICULUM VITAE Senior Hydrogeologist develop remediation options to clean up groundwater and desorb soils. Project involved six 3-person field teams and had a value of S1.5 million. Natural Resource Damage Assessment - Evaluated natural resources damage associated with a potential problem of heavy metals in ground water. Reported to the trustees of Cape May County, NJ, concerning the value of damage to non drinking water aquifers (recharge potential, agricultural irrigation, etc.) Siting, Design, and RCRA Part B Applications, Various Locations, Multiple Clients, Project/Technical Director. Directed teams responsible for siting, design, and RCRA Part B Appli- cations for two U.S. Department of Energy (U.S. DOE) sites and ten commercial RCRA facilities. Contaminant Isolation Systems, Various Locations, Advisor to Ministry of the Environment, Ontario, Canada. Designed extraction wells and hvdrogeologic isolation systems for groundwater contaminated with organic solvents in Ontario and Quebec, Canada. Containment Isolation System, Power Generation Station, N.C. Horizontal Drainage Gallery installed for a leaking 25 acre wastewater lagoon. Industrial Waste Disposal Research, Montana, North Carolina and Tennessee, for the Edison Electric Institute. Completed a major high-volume waste disposal and groundwater effects project for Edison Electric Institute. Mr. Leis' report was instrumental in having high volume wastes declared non-hazardous, saving the electric power industry 10's of millions of dollars in waste disposal costs. Municipal Solid Waste (MSW) / Residual Landfills, Various Locations, Multiple Clients, Project Manager/Director: Siting, design, and permitting of eight MSW and residual waste landfills for six industrial and two municipal clients in New Jersey, Pennsylvania and Maryland. Residual Waste Landfill Siting, Various Locations, confidential Pulp and Paper Client, Project Manger and Senior Project Scientist. Project involved initial site screening of more than 30 candidate sites, the selection of one site, and directing hydrogeologic, soils and geotechnical surveys for design of a residual waste landfill facility. Directed permit design and closure. Residual Waste and Sludge Landfill Permitting, Confidential Client, Pennsylvania, Project Director. Directed the first Phase I and Phase II permitt ing of a 700-TPD paper mill residual waste landfill under the 1994 Pennsylvania Residual Waste Regulations. Determination of Migration of Radionuclides in Ground,,vater, Senior Hydrogeologist. Selected and directed a team of geoscientists to investigate radionuclide migration at 26 abandoned Uranium Mill Tailings piles located in 7 western states. Developed geophysical testing and rapid field testing techniques to assess plume configuration. U. S. Department of Energy National Laboratories, Chief Peer Reviewer, Hydrogeology. Provided peer review and project direction recommendations for site characterizations being conducted at U. S. Department of Energy National Laboratories (Oak Ridge, TN; Rocky Flats, CO; Los Alamos, Pagc 3 of9 REV 062004 WALTER M. LEIS, P. G. CURRICULUM VITAE Senior Hydrogeologist NM;, Sandia, NM; and Fernald, OH). These sites were characterized as having plumes of mixed wastes in groundwater, including radionuclides, solvents, anions and heavy metals. Stabilization and Closure of a 30-Acre Industrial Waste Landfill, Confidential Client, Pennsylvania, Project Director. Directed landfill closure permitting, hydrogeologic and soil investigations, and screening and selection of closure and capping options. Directed design, permitting, and construction management of a mill waste transfer facility to handle the waste during and after closure of the plant landfill. Remediation Monitoring and Modeling, Manhattan Project Sites, Chief Scientist. Assembled 15 multidisciplinary team to investigate groundwater and soil contamination from radionuclides and related chemicals associated with two former Manhattan Project Sites (Canonsburg, PA, and St. Louis Airport, MO). Mineable Reserve Evaluations, Various Locations, Confidential Clients, Project Manager. Conducted evaluations of mineable reserves and the potential for subsidence, for coal and non coal de- posits, as well as evaluations of mine reclamation, and on-going monitoring. Raney Well Collection Galleries - Provided feasibility & initial design for horizontal collection systems for potable water system in Limestone Formation for Bald Eagle Water Company, Tyrone, PA. Design and Closure of 12 Industrial Sludge Lagoons, Confidential Client, Pennsylvania, Project Director. Directed engineering evaluations of bridging, filling, regrading, and top covering the closed lagoons using a mixture of paper mill sludge, fly ash and soil. An area totaling 109 acres is being reclaimed and converted into a wildlife preserve. Groundwater Contamination, Various Locations, Confidential Client, Project Director. Responsible for definition of groundwater contamination from sanitary landfill leachate and industrial chlorinated solvents. Developed systems for recovery of contaminants to protect heavily used aquifers in numerous states. Hydrogeologic Isolation Systems in Fractured Rock and Karst Areas, Confidential Clients, Illinois, Maryland, Ohio, Pennsylvania and Virginia, Project Director. Responsible for design and construction of hydrogeologic isolation and remediation systems for various chlorinated and non- chlorinated solvents migrating in groundwater away from municipal solid waste disposal facilities. Designed & construction oversight for gallery wells, horizontal wells and slant drill wells. Groundwater Collection Systems, Confidential Client, Delavvare and Pennsylvania, Project Director. Design and operational supervision of chemical and physical rehabilitation of groundwater collection systems in fractured rock and coastal plain areas. Environmental Fate Projects, Colorado, Nevada and Ohio, Project Director. Directed three projects for the determination of environmental fate and effect of, and for the remediation of groundwater aquifers containing, PCBs, furans, dioxins, and a-, P-, y-BHC, and tritium. Page 4 of 9 REV 06/2004 11 WALTER M. LEIS, P.G. CURRICULUM VITAE Senior Hydrogeologist Remediation of Explosives, Various Locations, Multiple Clients, Principal Investigator. Technical leader for six projects involving the evaluation and remediation of explosives compounds in groundwater from U.S. Army and U.S. Navy operations in IL, MD, IN and WV. Subsurface Migration of Polychlorinated Biphenyls (PCBs), Various Locations, Confidential Governmental Client, Principal Investigator. Conducted nine projects involving subsurface mi- gration of PCBs in New York, New Jersey, Pennsylvania and Oklahoma. Field Design Studies, Various Locations, Confidential Client. Initiated and directed field design studies for artificial recharge and waste disposal wells in DE, CA, CO, FL and OH. Groundwater Recovery Projects, Petroleum Releases. Represented a number of multinational oil companies to develop upset remediation costs for alternate groundwater remediation strategies. Project involved groundwater contaminated with petroleum hydrocarbons in sixteen states, Taiwan, and karst areas of Italy. Evaluation of Groundwater Effects, Various Locations, Edison Electric Institute, Project Director. Directed eight projects for evaluation of groundwater effects and attenuation of leachates from coal ash and flue gas desulfurization waste disposal areas. Projects in fractured rock and karst areas of southeaster United States. Geochemical Evaluation of Coal Mine Pools, Various Locations, Confidential Client, Project Manager. Conducted research at nine coal mine pool sites in MT, OH, PA and WV. Subsurface Migration of Contaminants, U.S. EPA, Principal Investigator. Conducted research for the U.S. EPA into the geochemistry of subsurface migration of various toxic organic substances, agricultural chemicals, radionuclides, and heavy metals. Migration of Volatile Chlorinated Hydrocarbons, Various Locations, Multiple Clients, Principal Investigator/Expert Witness. Over 200 projects involving migration of volatile chlorinated hydrocarbons in groundwater. Projects involve groundwater characterization and remediation design, project sites in fractured rock, karst terrains, and unconsolidated formations several included representation of remedial plans in court and in arbitration. Remediation of DNAPLs, Peer Reviewer. Peer Reviewer for DOE funded research regarding DNAPL remediation in low permeability media and fractured rock. Fate and Degradation of Agricultural Chemicals, Various Locations, Multiple Clients, Principal Investigator. Project Director for twelve projects involving fate and degradation of agricultural chemicals in soil and groundwater, for E. I. DuPont, Chevron Chemical, Shell Chemical and Texaco. Geophysical / Remote Sensing Assessments, Various Locations in the U.S., Project Director. Designed geophysical and remote sensing assessments of various hazardous waste disposal areas, including organic chemical and radionuclide disposal sites. Paze S of 9 REV 06/2004 WALTER M. LEIS, P.G. CURRICUL UM VITAE Senior Hydrogeologist Wetlands Restoration, Confidential Paper Mill, New Jersey, Project Manager. Studies and designs for wetlands restorations were accomplished and approved by regulatory agencies and U.S. Army Corps of Engineers within 12 months. Hydrogeologic Investigations, Confidential Paper Mill, Project Director. Conducted hydrogeologic investigations to augmented a water supply by +5 mgd at a paper mill planning to expand its production of recycled paper products. The augmented supply used ground water management and enhanced groundwater ,vithdrawal techniques. Expert Witness Successfully represented the City of Dublin and Dublin County, Ireland, for site remediation for chlorinated solvents at the Gavin's "Dump" in County Kildare; Successfully represented U.S. EPA in a highly publicized case (United States v. R. Burns) in which a waste hauler willfully deposited toxic chemicals along 200 miles of North Carolina highways. Case included environmental effects of PCBs at the storage center; Successfully represented New Castle County, Delaware, in a case involving alleged organic contamination from an old landfill; Successfully represented New Castle County, Delaware, in developing upset cleanup costs for insurance coverage of environmental damages resulting from groundwater contamination by organics. Testimony was quoted in the written decision by the 3rd U. S. District Court; Successfully represented Cape May County in adjudicatory hearings regarding a groundwater source and use dispute. Represented U. S. Department of Energy in a fact-finding mission for testimony before the U.S. Congress, regarding groundwater migration of radionuclides in Canonsburg, PA. Represented Sears Roebuck & Co. for a reduction of participatory liability at a N.J. Superfund site settled favorably on behalf of Sears. Represented two industrial clients in a successful insurance claim for costs associated with groundwater cleanup of organic chemicals for Lone Pine Landfill, Monmouth County, NJ. Evaluated applications & costs of horizontal drainage galleries by trenchless technology; Represented Aerojet General, Inc.. in a successful defense in a class action suit regarding alleged contamination by chlorinated solvents and mixed wastes consisting of chlorinated solvents and radionuclides; Represented Moen Industries in environmental arbitration involving solvent contamination at six industrial sites acquired by American Brands, Inc. Developed upset remediation costs, together with a Weston colleague, and presented them in testimony. Moen's costs were indemnified by the independent Arbitration panel; Page G of 9 REV 06/2004 WALTER M. LEIS, P.G. CURRICULLTMVITriE Senior Hydrogeologist Represented Santa Fe Railroad in a class action claim for groundwater damages resulting from migration of tritium, other radionuclides, and chlorinated solvents. Santa Fe was dismissed by the court based upon the compelling data; Represented National Cash Register, Inc., Potomac Electric, and Maryland National Bank in environmental liability claims involving contamination from old landfills in Maryland, Ohio, Virginia, and Delaware. Settled before trial; Represented Browning Ferris Industries and two other confidential clients in rate hearings before the New Jersey State Utility Commission and in environmental arbitration hearings; Represented Uniform Tubes, Inc., in a successful insurance claim resulting from groundwater contamination by a broad spectrum of chlorinated solvents. Settled at initiation of trial; Represented a large chemical manufacturing company in an insurance claim for original, disposal of chlorinated and non-chlorinated solvents at a Superfund site. Settled before trial; Represented an insurance company against a claim for environmental damage dealing with intentional discharges of chlorinated solvents into soils; Represented Lever Brothers in an environmental insurance recovery claim regarding groundwater contamination by organic solvents at 26 sites. Lever Brothers had Potentially Responsible Party (PRP) status in the action. Settled after filing of expert reports; Represented AMP, Inc. in an environmental insurance recovery claim for the M/A-COM Inc. site in New Brunswick, NJ. Opinion limited to reasonableness of costs incurred. Settled before trial. Represented CPC/Bestfoods in an environmental insurance recovery claim for 3 plant sites in Northeast U.S. Opinions included contamination history, reasonableness and timeliness of remediation and standards of industrial practice. Settled prior to trial. Publications Leis W. and K.R. Phillipp, 2000, "Tree Rings as Passive Witnesses to Environmental Contamination." American Academy of Forensic Sciences (chapter for Environmental forensics - in preparation). Haupt, R., Leis, W., Schwartz, F., 2000, "Viscous Barrier Technology the Technical Background:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 1998 ASME Peer Review Series. Abbot, E., Ballard, J., Bollag, J.M., Baolin, D., Gillespie, G., Gould, J., Keney, J., Leis, W., Nielson, K., Raghavan, R., Reith, C., Sivavec, T., 1999, "DNAPL Remediation in Low Permeability Soils:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 1998 ASME Peer Review Series. P128-1316. Page % or9 REV 06/2004 WALTER M, LEIS, P.G. CURRICULUM VITAE Senior Hydrogeoiogist Haupt, R., Leis, W., Schwartz, F., 2000, "Viscous BaiTier Technology Emplacement by Lance Injection:" Assessment of Technologies Supported by the Office of Science and Technology & the Department of Energy, Results of Peer Review FY 1998 ASME Peer Review Series,. Leis, W., 1998, "Forensic Evidence of Ground Water Contamination Migration: Use of Tree-Rings Geophysics and Other Direct Evidence", American Academy of Forensic Science, 21" Annual Conference. Leis, W., 1994, "Groundwater Remediation by Vertical Extension of Unlined Landfills" (Abstract): Solid Waste Association of North America, Annual Meeting Conference. Leis, W., R. Scheinfeld, R. Ross, and R. Molle, 1994, "Environmental Studies for a Runway Siting:" (Abstract): Association of Engineering Sciences, 1995 Annual Meeting. Bopp, F., and W. Leis, 1993, "Groundwater Contamination - Prevention Still the Best Medicine:" WATER Engineering and Management, 3 p. Leis, W., and F. Bopp, 1993, "Remote Sensing of Soil and Groundwater Contamination:" Instrumentation and Control Systems, 4 pp. Cornuet, T., K. Hansen, and W. Leis, 1991, "Optimization of a Groundwater Recovery System" (Abstract): American Assoc. Groundwater Scientists & Engineers X1I1 Annual Symposium. Preslo, L., and W. Leis, 1987, "Site Screening Techniques" (Abstract): Association of Engineering Geologists Annual Meeting. Leis, W., 1986, "The Use of Non-Invasive Site Screening Techniques for Assessment of Hazardous Waste Sites:" Association of Engineering Geologists News, p. 12-16. Leis, W., 1984, "Contamination of Groundwater, An Assessment of the Problem:" Pennsylvania Bar Institute Symposium on Groundwater Contamination (Abstract). Leis, W., and A. Hatheway, 1983, "Geological Characterization of Hazardous Waste Sites" (Abstract): Association of Engineering Geologists Annual Meeting. Sheedy, K., and W. Leis, 1983, "Hydrogeological Assessment in Karst Environments" (Chapter) in Applied Geomorphology, Reinhold Publishers. Leis, W., and K. Sheedy, 1980, "Geophysical Location of Abandoned Waste Disposal Sites:" 1980 National Conference on Management of Uncontrolled Hazardous Waste Sites. Leis, W., and A. Metry, 1980, "Multimedia Pathways of Contaminant Migration:" Water Pollution Control Federation, 1980 Annual Meeting. Leis, W., and A. Metry, 1979, "Field Characterization of Leachate Quality:" Water Pollution Control Federation, 1979 Annual Meeting. raae 8 of9 RiV 06/.004 WALTER M. LEIS, P.G. CURRIC'ULEVI VITAE Senior Hydrogeologist Leis. W., 1979, "Subsurface Reclamation by Counter Pumping Systems: Geologic and Geotechnical Aspects of Land Reclamation:" ASCEIAEG 1979 Symposium. Thomas, A., and W. Leis, 1979, "Physical and Chemical Rehabilitation of Contaminant Recovery Wells:" Association of Engineering Geologists 1978 Annual Meeting. Leis, W., and W. F. Beers, 1979, "Soil Isotherm Studies to Predict PCB Migration within Groundwater" (Abstract): ASTM 1979 Annual Meeting, Philadelphia, PA. Leis, W., W. F. Beers, and F. Benenati, 1979, "Migration of PCBs from Landfills and Dredge Disposal Sites in the Upper Hudson River Valley:" New York Academy of Science Symposium on PCBs in the Hudson River. Leis, W., R. D. Moose, and W. F. Beers, 1978, "Critical Area Maps, a Regional Assessment for Karst Topography:" Association of Engineering Geologists 1978 Annual Meeting. Leis, W., W. F. Beers, J. M. Davidson, and G. D. Knowles, 1978, "Migration of PCBs by Groundwater Transport -- A Case Study of Twelve Landfills and Dredge Disposal Sites on the Upper Hudson Valley, New York:" Proceedings of the 1st Annual Conference of Applied Research and Practice on Municipal and Industrial Waste. Leis, W., D. R. Clark, and A. Thomas, 1976, "Control Program for Leachate Affecting a Multiple Aquifer System, Army Creek Landfill; New Castle County, Delaware:" National Conference on Management and Disposal of Residue on Land. Leis, W., 1976, "Artificial Recharge for Coastal Sussex County, Delaware:" University of Delaware Press, Water Resources Center, 126 p. Leis, W., and R. R. Jordan, 1974, "Geologic Control of Groundwater Movement in a Portion of the Delaware Piedmont:" OWRR - DEL 20, p.50. Pa-c 9 of 9 REV 06/2004 EXHIBIT B PORTION OF DAWOOD ENGINEERING PLAN SHOWING PRE- DEVELOPED SINKHOLES/DEPRESSIONS AND DRAINAGE AREA 2 BOUNDARIES Ci IkYe CL U)-tD to -, ?\I/' 1 ' ; ?.`'1. e' ` ••fl ,lam s+ ,? ?? N 1 C '\ ?t i ?' i ,pdr p7 .\ Q li \ i 61 V'V ? ? h+1° 1 1 y,• L? s' 1 co V y + 1 ?i i (V Q ?? 11 g; N co EXHIBIT C STORMWATER CALCULATIONS Curve Number Calculations Runoff CurVe'Number Calculations°'<;, Subbasin 2 --Pre=develo ) ed Conditions Land Use Soil Group CN Area (ac.) % Area meadow B 58 19.49 90.7 meadow C 71 2.00 9.3 Total 59 21.49 100 4 Runoff.Curve'Nurnbe?`.Calculations Subbasin 2'- Post d6vblo 'ed=Condif on Land Use Soil Group CN Area (ac.) % Area Grass, good C 74 31.6348 42.32 Grass, good D 80 5.1974 6.95 crops, C&C, C 81 18.36547 24.57 crops, C&C, D 85 2.00 2.68 Impervious C 98 16.7449 22.40 Impervious D 98 0.80261 1.07 Total 82 74.75 100 Time of Concentration Calculations Time.of Concentration'Calculations 5ubbasin 2 - Pre-d6elo ed, Coridition Sheet Flow Ground Cover Cultivated Mannin s n 0.06 Length (ft) 100 2 r, 24-hr Rainfall 3 Slope (ft/ft) 0.01 Tt (hr) 0.107 Shallow Concentrated Flow Ground Cover Unpaved Length (ft) 1700 Slope (ft/ft) 0.0171 Avg. Velocity (ft1s) 2.1 Tt (hr) 0.225 Total Time (hr) 0.332 Total Time (min) 19.91 Tim e'of;Coricentration Calculations ' Sbbba h 2 -' Post=d'evelo ed'Condition Sheet Flow Ground Cover Grass Mannin s n 0.24 Length (ft) 100 2- r, 24-hr Rainfall 3 Slope (ft/ft) 0.045 Tt (hr) 0.178 Storm Sewer Ground Cover Unpaved Tt (hr) 0.11 Total Time (hr) 0.288 Total Time (min) 17.26 Peak Runoff Calculations Peak Runoff Calculations -: " - a Subbesin'2 ='Pre=de'velo ed-Condition Rossmiller Equation Runoff Coefficient CN 59 Slope (%) 1.67 Impervious Area 0 Tc (min) 19.91 Frequency(yr) CjRossmiller) .,Intensity:(in/hr) .Area;(ac.) Peak Flow;(cfs) 1 0.11 2 21.49 4.54 2 0.11 2.35 21.49 5.70 5 0.12 2.7 21.49 6.15 10 0.13 3.15 21.49 7.61 25 0.14 3.5 21.49 10.64 50 0.15 3.95 21.49 12.93 100 0.17 4.5 21.49 16.01 Peak Runoff'Calculations Subbasin`2'-'Post-develo etl'Gondition P Rossmiller Equation Runoff Coefficient CN 82 Slope (%) 1.5 Impervious Area 0.2348 Tc (min) 17.27 Frequency(yr). ,: ,- , C'•.(Rossmiller) .Intensity.(in/hr) Area (ac.) Peak,Flow (cfs) 1 0.30 2.14 74.745 48.13 2 0.32 2.52 74.745 59.54 5 0.34 2.99 74.745 75.31 10 0.36 3.47 74.745 92.17 25 0.38 3.85 74.745 108.64 50 0.40 4.23 74.745 125.40 100 0.42 4.7 74.745 146.89 SUMMARY OF INCREASES IN STORMWATER FLOWS Overestimation of Predeveloped Flow orm , Frequency (Yr) reaeve ope ow, .; . Ignonng'Sinkholelcss; (cfs)* re eve ope . , ow -. Considering Sinkhole_ Loss-(cfs)*? , ., Overestimation o Predeveloped Flow" (cfs 1 19.66 4.54 15.12 2 24.75 5.70 19.05 5 31.88 6.15 25.73 10 39.56 7.61 31.95 25 47.10 10.64 36.46 50 55.21 12.93 42.28 100 65.56 16.01 49.55 * Drainage Area = 74.74 acres Drainage Area = 21.49 acres Underestimation of Postdeveloped Flow -Storm ; Frequency (yr) os eve ope ow ,_ Without Soil Category.-,-- .;Reduction (cfs)' , os eve ope ow -, With Sokcategory Reduction (cfs)t` " n eves ima ion o - ? Postdeveioped Flow. r(efs);- `a 1 41.93 48.13 -6.20 2 52.14 59.54 -7.40 5 66.50 75.31 -8.81 10 82.00 92.17 -10.17 25 97-03 108.64 -11.61 50 112.75 125,40 -12.65 100 113.17 146.89 -33.72 Cumulative Increase in Flows Caused by Development Storm Frequency y(yr) Cumulative Flow`.Increase '(cfs) ` o ncrease in Stormwater Flow'After Development` 1 21.32 470% 2 26.45 464% 5 34.54 562% 10 42.12 553% 25 48.07 452% 50 54.93 425% 100 83.27 520% VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. THOMAS R BENJEV-,? ANN E. BENJEY Date: NOVEMBER 10,. 2005 OCT 1 7 ?006 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-6805 CIVIL TERM : CIVIL ACTION - IN EQUITY Rule to Show Cause AND NOW, this Zo` day of 6c*. *A,- 2006, a Rule to Show Cause is hereby issued upon P+niroiffi to show cause why the Petition for Compulsory Joinder filed by the Defendant should not be granted. 71-•- ?o..v h ';. Plftinti€fs shall have twenty (20) days from service in which to file a response to Defendant's Petition. Failure to do so will result in the Defendant's Petition being granted upon proper filing of a Rule Absolute. Counsel for Defendant shall cause a copy of this rule to be served on Plaintiffs. By the Court ?c. P C, AiNni-ri vi ,I'M AsNtr:3d ? I : i t WV OZ 100 4002 30H40-0 0 1- 1 IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA THOMAS R. BENJEY and ANNE E. BENJEY, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP Defendant/Petitioner DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Respondents NO. 2005-6805 CIVIL TERM CIVIL ACTION - EQUITY RESPONDENTS' CONSENT TO JOINDER and MOTION TO DISMISS AND NOW come the Respondents, DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, by and through their undersigned attorneys, and, in lieu of Answer, respond to the Petition of SOUTH MIDDLETON TOWNSHIP, as follows: CONSENT TO JOINDER The Respondents consent to be joined as additional defendants in Civil Action at Equity No. 2005-6805. MOTION TO DISMISS The Respondents move for dismissal of Civil Action at Equity No. 2005-6805, for lack of subject matter jurisdiction, stating in support, the following:. 1. Under the Municipalities Planning Code, the exclusive remedy for those aggrieved by a plan approval is appeal to the Common Pleas Court, within 30 days following the approval. 53 P.C.S. §§ 11002-A, 11001-A. 2. The Plaintiffs failed to timely appeal approval of the Respondents' development and water management plans for the Netherby Development. A 3. Plaintiffs may not now turn to equity for relief from a land use approval they failed to timely appeal, having thereby waived their exclusive statutory remedy, under the provisions of the MPC, for any asserted deficiencies of the development's water management plan. 4. Therefore, this Court lacks jurisdiction to review the storm water management plan's approval, or to order its "correction." Christman v. Township of Douglass, 145 Pa.Cmwlth. 79, 81, 602 A.2d 457, 458 (Pa.Cmwlth. 1992). WHEREFORE, the Respondents' pray this Court dismiss the Plaintiffs' complaint against South Middleton Township. Respectfully submitted: SAIDIS, FLOWER & LINDSAY Thomas E. Flower Attorney ID # 83993 2109 Market Street Camp Hill, PA 17011 (717) 737 - 3405 Attorneys for the Respondents 2 Co K THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSIP, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY CONSENT TO JOINDER The Plaintiffs, Thomas R. Benjey and Ann E. Benjey, his wife, consent to the Petition for Compulsory Joinder filed by South Middleton Township. Respectfully submitted, IRWIN & McKNIGHT November 13, 2006 By: Z'ctst arcKnight, Esquire Pomfret Street C lisle, PA 17013 71-l - - 353 Attorney I.D. No: 25476 Attorney for the Plaintiffs Thomas R. Benjey and Ann E. Benjey ? a THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSIP, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this /45 day of November, 2006, a copy of the Consent to Joinder was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Richard P. Mislitsky, Esquire One West High Street, Ste 208 P. O. Box 1290 Carlisle, PA 17013 Thomas E. Flower, Esquire 2109 Market Street Camp Hill, PA 17011 IRWIN & Marcus A. lac t: 60 West Po ret Street Carlisle, P 17013 717-249-235 Attorney I.D.: 25476 ,.,T C ?7 K? -Tt . ? -f,? ? C?? ?,_ ?,? ;ter-= t'; ...._ ...q-i ?'Tl ? - . ?-.-? ..-1 ._ ?.. '?.?i?i . _ {, '? -? r... ? t THOMAS R. BENJEY and ANN E. BENJEY, his wif Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant/1'etitioner DONALD E. DIEHL, SUZ ANNE DIEHL, RAYMOND E. DIEHL, aid GENEVIEVE A. DIEHL, Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Defendant's Response to Respondent's Motion to Dismiss AND NOW comes the Defendant, South Middleton Township (hereinafter "Township"), by and through its solicitor„ Richard P. Mislitsky, Esquire, and responds to the Motion to Dismiss filed by Donald E. Diehl, et al. In support thereof, the Township avers as follows: 1-4. The Defendamt, South Middleton Township, does not oppose the Respondent's Motion to Dismiss. Date: ' 06 Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant 1 PO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs : No. 2005-6805 CIVIL TERM V. SOUTH MIDDLETON TOWNSHIP, Defendant V. CIVIL ACTION - IN EQUITY DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL, AND GENEVIEVE A. DIEHL Additional Defendants Certificate of Service I hereby certify that a copy of the Defendant's Response to Respondent's Motion to Dismiss has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes; 60 West Pomfret Street Carlisle, PA 17013 Robert C. Saidis, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: Thomas E. Flower, Esquire Saidis, Flower & Lindsay 26 West High Street C lisle, PA 17013 Q /I r14 __44 '),p F Richard P. Mislitsky, Esqui S reme Court ID #28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant C? O t? r C--'> -rt K _ co THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSIP, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-6805 CIVIL TERM : CIVIL ACTION - IN EQUITY STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN & M IGHT, P.C. By: Marcus McKn' h ,I, Esquire Supreme ourt I. o: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: October 27, 2009 FILED-OFFIC OF THE PRO )NOTN III 2009 OCT 27 PM 2: 4 7 PENNXVANLA F TILES\Clients\12303 Diehl\12303.13 Benjey\12303.13.pm3 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-6805 c SOUTH MIDDLETON TOWNSHIP, : g: ° Defendant ? rTm m CIVIL ACTION - EQUITY, r. PRAECIPE TO WITHDRAW AND ENTER APPEARANCE c C. ' 3 To the Prothonotary: a O Please withdraw the appearance of SAIDIS, FLOWER & LINDSAY as attorneys for the Defendants. SAIDIS, FLO SAY By. / be C ides, Esquire I.D. No. 21458 26 West High Street Date: 2, (D Carlisle, PA 17013 (717) 243-6222 Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, as attorneys for the Defendants. MARTSON LAW OFFICES By: ??? ?. Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Date: Carlisle, PA 17013 (717) 243-3341 ~~ ~ ~~ _! PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) CUP, ~".,~ ~,,, TO THE PROTHONOTARY OF CUMBERLAND COUNTY r : ~ , ! „~ : , Please list the following case: ^ for JURY trial at the next term of civil court. © for trial without a jury. ------------------------------------------------------------------------------ CAPTION OF CASE (enure caption must be stated in full) (check one) THOMAS . R BENJEY and ^ Civil Action -Law ANN E. BENJEY, his wife, ^ Appeal from arbitration ® IN EQUITY (other) (Plaintiff] vs. SOUTH MIDDLETON TOWNSHIP, (Defendant) vs. The trial list will be called on asd AUGUST 31, 2010 Trials commence on SEPTEMBER 20, 2010 Pretrials will be held on SEPTEMBER 8, 2010 (Briefs are due S days before pretrials No. 2CJ(95 - 6805 CIVIL Tenn CIVIL ACTION - IN EQUITY Indicate the attorney who will try case for the party who files this praecipe: RICHARD P. MISLITSKY, ESQUIRE MARCUS A. McIZNIGHT, III, ESQUIRE Indicate trial counsel for other parties if known: CHRISTOPHER. E. RICE, ESO. This case is ready for trial. Print Name:. MARCUS A. McKNIGHT. 'rTT Date:_ JULY 29 , 2010 Attorney for: PLAINTIFF ~~/ ~~~ THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW SOUTH MIDDLETON TOWNSHIP, Defendant NO. 05-6805 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2010, a pretrial conference in the above matter is scheduled for Thursday, October 14, 2010, at 1:30 p.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. BY THE COURT, Marcus A. McKnight, Esq.. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs Christopher E. Rice, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendants -- ichard P. Mislitsky, Esq. One West High Street Suite 208 P.O. BOX 1290 Carlisle, PA 17013 :rc Y I E,S /n.a t 9 zl 1cv L-X? J. Wesley Oler, Jr., I. 0 N r ~.. THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs v DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E DIEHL and GENEVIEVE A. DIEHL, Defendants v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • c~ ~ ev a ~~ o rn ~ a ~ ~~ `- c~a ~ . ~ r " ~, --G =~' ~ ~`Q ~~ c~ - ~ rv DAWOOD ENGINEEERING, .~~°_~ cn INC., and ROGELE, INC., --< ~ Additional Defendants NO. 05-5863 CIVIL TERM ************************************ THOMAS R. BENJEY and IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, .CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL ACTION - LAW SOUTH MIDDLETON TOWNSHIP, Defendant 05-6805 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 14th day of October, 2010, a a -*i --t ~ -~ ~ -- -ts °.~ _~ rTi ~~ --~ o ~~ o -r; ~~ ~~ :~ -C conference having been held on this date in the chambers of the undersigned judge in which Plaintiffs, Thomas R. Benjey and Ann E. Benjey were represented by Marcus A. McKnight, III, Esquire, Defendant South Middleton Township was represented by Richard P. Mislitsky, Esquire, Defendants Diehl were represented by Christopher E. Rice, Esquire, and Chris Vanlandingham, Esquire, Additional Defendant Dawood Engineering, Inc., was represented by Wayne M. Pecht, Esquire, and Additional Defendant Rogele, Inc., did not appear (it appearing that notice of the conference was not sent to that Additional Defendant), and pursuant to an agreement reached between counsel who were present at the conference, and it appearing to the Court that neither of the above-captioned cases, which have not yet been consolidated, :~ is at issue, both cases are stricken from the trial list. It is understood that in the case of Benjey versus South Middleton Township Defendants' counsel may be filing a motion for summary judgment in the near future. It is also understood that an outstanding motion for consolidation of these two cases is not requested by counsel present at the conference to be immediately adjudicated. Marcus A. McKnight, III, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 For Plaintiffs Richard P. Mislitsky, Esquire P.O. Box 1290 Carlisle, PA 17013 For Defendant South Middletown Township Christopher E. Rice, Esquire Chris Vanlandingham, Esquire 10 East High Street Carlisle, PA 17013 For Defendants Diehl Wayne M. Pecht, Esquire 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 For Additional Defendant Dawood Engineering Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, PA 17101-1609 For Additional Defendant Rogele :mae By the Court, THOMAS R. BENJEY and ANN E. BENJEY, his wife, PENNSLYVANIA Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, n o a rn? No. 2005-6805 CIVIL TA "Y' ?n N rn CIVIL ACTION - IN EQUI1W? > c: ._ .. c7 r7l) co NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 LAW OFFICE OF RICHARD P. MISLITSKY Date: ichard P. Mis rtsky, Esquire Supreme Court ID #28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant THOMAS R. BENJEY and AN`N E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEIv'NSLYVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY DEFENDENTS MOTION FOR SUMMARY JUDGEMENT AND NOW comes the Defendant, SOUTH MIDDLETON TOWNSHIP (hereafter "SMT" or "Township") by and through its Solicitor and affirmatively asserts to this Honorable Court that there are no material issues of fact and that SMT is entitled to Summary Judgment. In support thereof SMT avers as follows: I. SUMMARY OF THE BASIS FOR SUMMARY JUDGMENT 1. Plaintiffs claim monetary damages for alleged damage to their property resulting from approval of a land development plan with inadequate storm water management. (SEE, paragraph 12 (E) of Plaintiffs' Complaint.) i. Plaintiff's claim is not based on any immunity granted municipalities under the Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8541- et. seq. ii. Approval of land development plans is an administrative function. As such SMT is immune from liability under the common law doctrine of Sovereign Immunity. 2. Plaintiffs' demand for equitable relief is misplaced. SMT has no legal authority to provide gRy relief requested in paragraph 12 of Plaintiffs' Complaint. i. SMT cannot provide injunctive relief. Paragraph 12 A is directed to this Honorable Court. ii. All subdivision/land development plans submitted to SMT have received final approval. There is nothing pending in SMT which would allow SMT to stop "....the Netherby Project from proceeding...." iii. The Municipalities Planning Code does not convey the legal authority to rescind final plan approval. (see paragraph 12 Q. iv. A municipality is prohibited from expending tax revenues for private benefit (see Paragraph 12 B and 12 D). V. If Plaintiffs are entitled to any relief as set forth in paragraph 12 of Plaintiff s Complaint, Plaintiff's claims are more appropriately addressed in the identical Complaint Plaintiff s pending against the developer of the adjacent land. See Benjey v. Diehl el at Civil Action No. 2005-5863 (Civil Term). vi. Regardless of the facts set forth herein, SMT lacks legal authority to provide the specific relief requested in paragraph 12 (B, D). II. THE PARTIES 3. The Defendant, SMT is a municipal corporation created and existing pursuant to the laws of the Commonwealth of Pennsylvania with a business address at 520 Park Drive, Boiling Springs, Pennsylvania, 17007. 4. The Plaintiff s are husband and wife, residents of SMT residing at 546 East Springville Road, Carlisle, Pennsylvania, 17013. 5. The following parties are necessary to an understanding of the instant matter: i. The owner/developer of the track adjacent to the Plaintiffs are Mr. and Mrs. Donald E. Diehl, and Mr. and Mrs. Raymond Diehl ("Diehls"). It is relevant to note that Plaintiff s filed a Complaint against the Diehls which is identical to the Complaint which initiated the action against SMT. (refer to paragraph 2 (v) hereof). a. It is also relevant to note that Plaintiff s have filed a claim at law for monetary damages against the Diehl's seeking 1.2 million dollars. (see Civil Action - Law 2005- 4562) ii. Grace Steigleman ("Steigleman") is an individual, residing at 556 East Springville Road, Carlisle, Pennsylvania, 17015. Steigleman owns and resides on a tract of land which is adjacent to both the Benjeys and the Diehls. Although not necessary for a decision on this Motion, storm water from the Diehl development must traverse the Steigleman property before the Plaintiffs' property. III. BACKGROUND 6. On or about April 25, 2000, the Diehls submitted plans seeking conditional use approval from SMT for a residential development then named "Ashton". The Board of Supervisors ("Board") of SMT granted conditional approval on August 8, 2002. 7. While the conditional use application was proceeding through the planning process, the Diehls also submitted plans requesting preliminary approval of subdivision/land for development of Ashton. ("Plans") The Board granted preliminary plan approval on January 30, 2003. 8. The Ashton development plans called for development of the site in four phases. 9. On April 25, 2003, the Diehls changed the name of the residential development to "Netherby", and applied to SMT for final subdivision/ land development approval for Netherby Phase 1. 10. The Board granted final approval of Netherby Phase 1 on July 10, 2003. 11. After receiving approval for Phase 1, the Diehls began developing that portion of the tract, including excavation of the site, installation of storm water management facilities and the sale of individual lots. 12. On April 25, 2005, the Diehls applied to SMT for final approval of Netherby Phase 2. 13. Phase 1 of Netherby was not completed at the time final plans for Phase 2 were submitted to SMT for approval. 14. At the time final plans for Phase 2 were submitted, building permits for several lots were pending, but not yet approved by SMT. 15. At the regularly scheduled meeting of the Board on April 28, 2005, the Board was made aware of a complaint regarding storm water run-off made by an adjacent land owner, Grace Steigleman. 16. After hearing of the problem with storm water run-off from Phase 1, and listening to Representatives of the Diehls, Steigleman, and Plaintiffs herein, the Board voted unanimously to withhold further building permits for Phase 1 ("Moratorium"), and placed the plans for Phase 2 on hold until the storm water management problem was resolved. 17. Thereafter, while the moratorium was pending, Plaintiffs herein submitted to SMT and the Diehls an "expert report" dated July 1, 2005. (Attached to Plaintiff's Complaint) 18. After seeing the Plaintiffs expert report, changes were made to the Netherby land development plans, including regrading of the site; recalculation of storm water management flows, and increasing the capacity of the storm water detention basin. 19. As a result of the changes made, and the discussions between the Diehls and Grace Steigleman, counsel for Steigleman informed the township that his client was satisfied with the changes made and had entered into an agreement with the Diehls. The terms of the agreement are unknown to the township. 20. Storm water from the development flows to the land of Steigleman before reaching the property of the plaintiffs. 21. Between July 1, 2005 and November 22, 2005, the Board repeatedly denied demands to rescind the moratorium for the remaining lots in Netherby Phase 1. 22. At the Board's regularly scheduled meeting on November 22, 2005, over the objections of the Diehls, the Board deferred action on yet another request to issue building permits - (rescind the moratorium). The Board instructed the township engineer to inspect the storm water management revisions on the Netherby site. Until the site was inspected, the moratorium remained in place. 23. By correspondence dated November 29, 2005, counsel for the Diehls again requested issuance of building permits and demanded to be heard at the Board's next regularly scheduled meeting on December 15, 2005. 24. Between November 22, 2005 and December 15, 2005, the following significant events occurred: SMT received significant rainfall reported to be approximately 3 inches of rain between November 22, 2005 and November 30, 2005; ii. The Township Engineer inspected the site, iii. Counsel for both the Diehls and the Benj eys were invited to appear at the Board's meeting on December 15, 2005 and present "testimony" on the storm water management problem. 25. At the Board's meeting on December 15, 2005 counsel for both the Benjeys and Diehls were present. Also in attendance was Plaintiffs' expert witness, James Cineilli. 26. After hearing from the township engineer and representatives of both the Diehls and the Benjeys, the Board voted unanimously to allow issuance of building permits for five additional lots in Netherby Phase 1. The issuance of building permits was specifically conditioned on: i. The continued proper functioning of storm water design of Netherby Phase 1; and ii. No further consideration of plans for Netherby Phase 2 would be given until the proper functioning of storm water management plans was assured. 27. Prior to the facts set forth in paragraphs 22-26 hereof, the Plaintiffs on November 10, 2005 filed an equity action against the Diehls. (see Benjey v. Diehl, No- 2005-5863 Civil Action - Equity) This equity action remains pending. (refer to paragraph 2 (v) herein) 28. The complaint in the instant matter is identical to the complaint filed against the Diehls and referred to preceding paragraph hereof. 29. At the Board's regularly scheduled meeting, on July 13, 2006 the Diehls presented to SMT plans showing the changes made to the Netherby storm water management plans. In support of the proper functioning of the storm water management design, the Board was presented with photos taken after recent heavy rains reported to be 9.5 inches in over 2 days. Conversely, the Plaintiffs were unable to produce evidence of continuing drainage problems. 30. At the aforesaid meeting, the Board again rejected a request for approval of Netherby Phase 2, and deferred action on Phase 2 until the Plaintiffs could comment on the revised storm water plans. 31. At the Board's next meeting, July 27, 2006 the Diehls again requested final approval of Netherby Phase 2. 32. After hearing from Plaintiffs' expert, the Board again delayed action on Phase 2 and agreed to delay further consideration until Plaintiffs' expert could prepare written comments on the revised storm water management plans. 33. By report dated August 4, 2006, (attached hereto as Exhibit 1) Plaintiffs' expert hydrologist stated that his "calculation indicate that the new detention basin grading and outlet structure proposed by AKens Engineering Associates (Diehl's engineer) will be sufficient to reduce post-development run off rates to below pre-development rates." 34. As a result of the favorable analysis submitted by Plaintiffs' engineer, the Board unanimously approved Netherby Phase 2 conditioned upon confirmation that the changes to the storm water detention basin, as noted in the aforesaid report, were made. 35. Administrative matters pertaining to Netherby Phase 1 and Phase 2, were approved without objection or comment from Plaintiffs on July 12, 2007; again on October 11, 2007; again on November 8, 2007; and again on May 5, 2008. 36. In or about March 2008, subdivision/land development plans for Netherby Phase 3 were submitted to SMT. 37. The plans for Phase 3 proceeded through the planning process without comment or objection from any party, including the Plaintiffs herein. 38. Having received no comments or objections, final subdivision /land development plans for Netherby Phase 3 received the unanimous approval of the Board on June 12, 2008. 39. No other subdivision/land development plans for Netherby have been submitted or are pending before SMT. IV. CONCLUSIONS 40. Paragraph 12 A of Plaintiffs' Complaint asks this Honorable Court for injunctive relief "which prohibits the Township from permitting the Netherby project from proceeding...". 41. There are no Netherby plans pending in SMT. There is nothing for this Honorable Court to enjoin. Similarly, there are no subdivision/land plans that SMT can approve or reject. 42. The Municipal Planning Code does not authorize rescission of final subdivision /land development plans after approval has been given by the governing body. 43. Paragraphs 12 (B) and 12 (D) seek to compel SMT to "install a new storm sewer line [around] Plaintiffs' property.", and to "repair and correct sinkholes,on the lands of the Plaintiffs..... and [to] repair any new sinkholes [in the future]....". 44. A municipality is prohibited from expending revenues for private benefit. Such action is neither expressly or implicitly authorized by the Second Class Township Code , 53 P.S. sections 65101-58701. 45. In the alternative, the relief requested in paragraphs 12 (B) and 12 (D), if such relief is necessary at all, can only be performed by the Diehls and should be addressed in Plaintiffs' action against the Diehls, specifically Benjey v. Diehl, Civil Action 2005-5863. WHEREFORE, SNIT prays this Honorable Court to grant Summary Judgment in its favor. Date: 9 64? P. 741 R chard P. Mislitsky, squire Supreme Court ID #28123 1 West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant VERIFICATION I, the undersigned, hereby verify that the averments made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. Date: U 12 0 l Brian P. O'Neill THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN- SLYVANIA No. 2005-6805 CIVIL TERM V. SOUTH MIDDLETON TOWNSHIP, Defendant CIVIL ACTION - IN EQUITY Certificate of Service I, Faith Henry, hereby certify that a copy of the South Middleton Township's Petition for Summary Judgment has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Date: Faith Henr For Richard . Misli y, Esquire Supreme Court ID #28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 717-241-6363 Attorney for the Defendant PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) -------------------------------------------------------------------------------- ----------------------------------- CAPTION OF CASE (entire caption must be stated in full) THOMAS R. BENJEY and IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - IN EQUITY SOUTH MIDDLETON TOWNSHIP, Defendant No 2005-6805 CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summary Judgment 2. Identify all counsel who will argue cases: C= n} (a) for plaintiffs: my Richard P. Mislitsky (Name and Address) One West High Street, Carlisle, PA 17013 - r-; . (b) for defendants: Marcus McKnight (Name and Address) 60 West Pomfret Street, Carlisle, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Certificate of Service - See Attached 4. Aroument Court Date: Defendant g g Attorney for Date: J 01 iNSTRUCTI NS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 19 ?1' Alk4kRD 4. MISLITNA Print your name THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSHIP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY Certificate of Service I, Martha Wickelhaus, hereby certify that a copy of the Praecipe for Listing Case for Argument has been duly served upon via first-class, United States Mail, as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 r I fr t Date: artha Wickelhaus THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs =1 V. : NO. 2005-6805 CIVIL TERM n -?" rn m c? SOUTH MIDDLETON TOWNSIP, : CIVIL ACTION - IN EQUITY co?p Defendant. -0 -" , C) r ,- . c w MOTION FOR CONTINUANCE Attorney Marcus McKnight, III represents Plaintiffs, Thomas R. Benjey and Ann E. Benjey, his wife and Attorney Richard Mislitsky represents the Defendant, South Middleton Township in this matter. The Defendant's Motion for Summary Judgment is listed for Argument Court on Friday, February 24, 2012 when Attorney Marcus McKnight, III, who serves as the President of the Cumberland County Bar Association is scheduled to be at the Statewide Conference of County Bar Leaders in Lancaster on Friday, February 24, 2012. WHEREFORE, Attorney Marcus McKnight, III, requests the Honorable Court to grant a continuance until the Argument Court of Friday, April 13, 2012. IRWIN & McKNIGHT, P.C. By: Marcul(A. Mc ghf, II, Esquire 60 West Pomfre Street Carlisle, PA 170 (717) 249-2353 Supreme Court I.D. No. 25476 Date: February 16, 2012 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSIP, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Motion for Continuance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard P. Mislitsky, Esquire One West High Street P. O. Box 1290 Carlisle, PA 17013 IRWIN & McKNIGHT, P Ma dYs A. McKnight, III, 60 t Pomfret Street Carlisle, P I3-'` 717-249-2353 Attorney I.D.: 25476 February 16, 2012 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSIP, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6805 CIVIL TERM d -L73 rv CIVIL ACTION - IN EQUITY M m -1 rn- i r-© v °e' as > ?o ORDER OF COURT AND NOW, this 16th day of February, 2012 upon c"t of the attached Motion, this case is continued until the Argument Court set for Friday, April 13, 2012. Counsel for the Plaintiffs will relist this case. By the Co By: Edward W. Guido, Judge Cc: Marcus A. McKnight, III, Counsel for Plaintiffs Richard Mislitsky, Counsel for Defendants A rv a f ed -?-? 4vt THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2005-6805 CIVIL TERM SOUTH MIDDLETON TOWNSIP, : CIVIL ACTION - IN EQUITY -nom rn Defendant. r - 0 rr, MOTION FOR CONTINUANCE 2 -t c-n Attorney Marcus McKnight, III represents Plaintiffs, Thomas R. Benjey and Ain IF Benjey, his wife and Attorney Richard Mislitsky represents the Defendant, South Middleton Township in this matter. The Defendant's Motion for Summary Judgment is listed for Argument Court on Friday, February 24, 2012 when Attorney Marcus McKnight, III, who serves as the President of the Cumberland County Bar Association is scheduled to be at the Statewide Conference of County Bar Leaders in Lancaster on Friday, February 24, 2012. WHEREFORE, Attorney Marcus McKnight, III, requests the Honorable Court to grant a continuance until the Argument Court of Friday, April 13, 2012. IRWIN & McKNIGHT, P.C. By: Marcus y. McKni ht, s 60 West Pomfret Stree Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: February 16, 2012 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSIP, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Motion for Continuance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard P. Mislitsky, Esquire One West High Street P. O. Box 1290 Carlisle, PA 17013 IRWIN & Marcus. McKmg 60 West mfr s.tKtrt Carlisle, PA 17013 717-249-2353 Attorney I.D.: 25476 , P.C. February 16, 2012 Ca I AL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) n, r,,, THOMAS R. BENJEY and : IN THE COURT OF COMMON P *Orz ANN E. BENJEY, his wife, Plaintiffs : CUMBERLAND COUNTY, PENNS IA*n vs. : CIVIL ACTION - IN EQUITY ?? ca cnD N SOUTH MIDDLETOWN TOWNSHIP, Defendant r?-•X .C 6 No. 2005-6805 Civil 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to n complaint, etc.): DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 2. Identify all counsel who will argue cases: (a) for plaintiffs: MARCUS A. McKNIGHT, III, ESQ. (Name and Address) 60 WEST POMFRET STREET CARLISLE, PA 17013 (b) for defendants: RICHARD P. MISLITSKY, ESQ. (Name and Address) ONE WEST HIGH STREET, PO BOX 1290 CARLISLE, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. CERTIFICATE OF SERVICE - SEE ATTACHED 4. Argument Court Date: ARIL 13, 2012 ?, MARCUS A. McKNIGHT, III Print your name PLAINTIFFS Attorney for Date: FEBRUARY 21, 2012 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. M F -r Ci --4C7:) = -TI C ?r1i #14.15 PO ATT C 7437 anlaq THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiff V. SOUTH MIDDLETON TOWNSHIP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2005-6805 CIVIL TERM CIVIL ACTION - IN EQUITY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard P. Mislitsky, Esq. One West High Street Carlisle, PA 17013 IRWIN & By: Marc)(s A. GHT, P.C. Esquire 60 West Po fret et Carlisle, PA l3 (717) 249-2353 Supreme Court I.D. No. 25476 Date: February 21, 2012 4 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. SOUTH MIDDLETON TOWNSIP, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA c NO. 2005-6805 CIVIL TERM rn 21 CIVIL ACTION - IN EQUITY w' E PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: On behalf of the Plaintiffs, Thomas R. Benjey and Ann E. Benjey, please settle and discontinue the above-captioned case. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Marc 4s A. okgkkg?t,-111, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: April 9, 2012 THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2005-6805 CIVIL TERM SOUTH MIDDLETON TOWNSIP, : CIVIL ACTION - IN EQUITY Defendant. CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard P. Mislitsky, Esquire One West High Street P. O. Box 1290 Carlisle, PA 17013 Court Administrator's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IRWIN & I T, P.C Marcu A. Mc h , II , Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney I.D.: 25476 Date: April 9, 2012