Complaint Filed With Ncdenr

March 28, 2005 To Whom It May Concern: Based in Cashiers, North Carolina, the Smoke Rise Field Club, Inc. was formed in 1987 and, until recently, operated a skeet shooting range on land leased from the Carlton family interests in Jackson County. According to club officer James H. Reynolds, in a March 7, 2005 letter to the Jackson County Board of Commissioners, “We leased land from the Carlton family at the same location just off Breedlove Road near Cashiers for about 18 years and have utilized lead shotgun ammunition there continuously for that period carefully avoiding wetlands and streams." Breedlove Road provides the primary access to the nearby Panthertown Valley section of the Nantahala National Forest. It is our understanding that the assessment and cleanup of abandoned outdoor shooting ranges is regulated under the federal Resource Conservation and Recovery Act (RCRA) and the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and that excessive lead levels have been found in other skeet ranges operated by similarly sized clubs over similar periods of time. Perhaps the best known example of this is the Lexington Manor housing development in Liberty Township, Ohio, which was declared a Superfund site in 2003. http://www.enquirer.com/editions/2003/05/09/loc_libertylead09.html It is also our understanding that the North Carolina Department of Environment and Natural Resources, Division of Waste Management (DWM) has the primary responsibility for enforcing the applicable federal regulations in these situations, and that DWM sent notices to gun clubs within the past several years, instructing them that upon closure of any range, the club should contact DWM for assessment of the closed range. http://wastenot.enr.state.nc.us/ The North Carolina Division of Waste Management has issued guidelines for the assessment and cleanup of inactive hazardous waste sites, such as abandoned skeet shooting ranges. http://www.wastenotnc.org/sfhome/stateleadguidance.pdf In addition to the duration and volume of activity, aggravating factors at the old Smoke Rise range are the presumed acidity levels of the soil, acid precipitation and the potential for water contamination due to the proximity of the range to surface water bodies. Also, due to the relatively rapid rate of construction and development in the area, there is concern that excavation and dispersal of soil from the range may occur prior to a proper review and remediation of the old site. And the possibility of toxicity to birds as a result of direct ingestion of lead pellets is an ongoing concern. The club’s lease on the Carlton property was terminated at some point within the past several years and the club has been seeking a new location to establish a skeet shooting range for its more than 100 members. A Cashiers area homeowner residing about onehalf mile from the old Smoke Rise location has observed the cessation of shooting by the

club, and reports that she and her neighbors were rejoicing upon the club’s departure. Concurrent with the termination of shooting range activities on the old Smoke Rise location, has been the negotiation and sale of portions of neighboring Carlton land to a housing development company, Trillium Links & Village, LLC. On March 18, 2005, the Carltons sold a 162.5 acre portion of a neighboring 1445 acre tract to Trillium for approximately $8,000,000. The parcel number for the parent tract of 1445 acres is 758442-5244 (may be changed to 7584-42-5245) and the parcel number for the acreage purchased by Trillium is 7584-40-1129. Access to the tract purchased by Trillium can be gained at approximately 1.5 miles after turning onto Breedlove Road (State Road 1121), on the left side of the road, shortly after going past the small lake located at the head of Logan Creek. As of March 25, 2005, it appeared that at least one access road to the Trillium property has been excavated within the past month. Access to the former Smoke Rise range is found approximately 2.5 miles after turning onto Breedlove Road (State Road 1121), on the left side of the road at a gated drive and rustic fence. This tract of 391 acres (parcel number 7584-93-2515) is titled to Carleton T. Clark, Trustee, who is a party to the Carlton Family interests. Signs near the old range indicate that inquiries should be directed to Pat Carlton, P. O. Box 185, Cashiers, NC, 28717. Here is the contact information for Smoke Rise Field Club: Smoke Rise Field Club, Inc. (EIN 58-1774737) PO Box 1791 Cashiers, NC 28717 Current Smoke Rise President: Barry Moore 315 Angle Ridge Road Sapphire, NC 28774 828-743-4095 Current Treasurer James H. Reynolds PO Box 1054 Dillsboro, NC 28725

828-497-2994, 828-506-6155 (cell) The following resources available online provide a wealth of information on this subject. http://www.epa.gov/region02/waste/leadshot/ EPA manual, Best Management Practices for Lead at Outdoor Shooting Ranges http://www.epa.gov/superfund/programs/lead/products/firing.pdf EPA document, TRW Recommendations for Performing Human Health Risk Analysis on Small Arms Shooting Ranges http://www.nps.gov/renew/rangewastemgt.pdf National Park Service recommendations on firing range waste management http://www.rangeinfo.org/resource_library/NSRS/04PolicyTrack/TestingRange.pdf Report from Fourth National Shooting Range Symposium on Testing Your Outdoor Range – Using the Right Tools, describing the technical details of the appropriate environment testing procedures to evaluate ranges http://www.solucorpltd.com/article3.htm Article from Soil and Groundwater Cleanup journal describing the remediation of contaminated soil at an abandoned skeet shooting range. Thank you for your assistance in protecting the citizens of North Carolina from a potentially harmful situation at the abandoned Smoke Rise Field Club skeet shooting range. Sincerely, Concerned Jackson County Citizens