PURSUANT TO CONSULTATION WITH DOJ, EPA IS PROVIDING THIS REFERRAL TO REQUEST THAT DOJ FILE A MOTION FOR ACCESS FOR CERTAIN PARCELS OF PROPERTY NECESSARY FOR THE IMPLEMENTATION OF THE RD/RA WHICH IS THE SUBJECT MATTER OF A CD FOR 3 OUs ENTERED ON JAN 15, 2009. EPA REQUESTS THAT DOJ OBTAIN ACCESS ON BEHALF OF THE U.S. AND THE SANFORD PRP GROUP TO PROPERTY FORMERLY OWNED BY CSZ TRANSPORTATION, INC (CSXT) FOR WHICH THERE IS NOW NO APPARENT IDENTIFIABLE OWNER. IN MAY 2006, THE SANFORD GROUP, IN RECOGNITION OF ITS REQUIREMENT TO OBTAIN ACCESS FOR ALL PROPERTY NECESSARY TO IMPLEMENT THE RD/RA PURSUANT TO THE CD, REACHED AN AGREEMENT WITH CSXT TO HAVE CSXT CONVEY CERTAIN PARCELS WHICH WOULD BE CRUCIAL TO THE IMPLEMENTATION OF THE RD/RA TO THE SANFORD GROUP. IN PREPARATION FOR THE CONVEYANCE, AN IN DEPTH TITLE SEARCH REVEALED THE POSSIBILITY OF AN AUTOMATIC REVERTER IN THE ORIGINAL WARRANTY DEED. ON JULY 14, 2009, THE HONORABLE NANCY ALLEY RULED THAT THE CSXT PROPERTY REVERTED BACK TO THE ORIGINAL LAND GRANTEE (TRUSTEES) CSXT MADE VERY ATTEMPT REQUIRED BY LAW TO IDENTIFY AND LOCATE THE TRUSTEES TO NO AVAIL.
EPA AND THE SANFORD GAS PLANT GROUP ARE SCHEDULED TO BEGIN STAGING A TEMPORARY SURFACE WATER RETENTION PONT AND CONSTRUCTION OF PERMANENT DISPOSITION FOR SURFACE WATER RUNOFF AT THE LOCATION OF THE FORMER CSXT PROPERTY THE FIRST WEEK OF NOV 2009. IT IS IMPERATIVE THAT EPA ADHERE TO THIS SCHEDULE FOR RD/RA INITATION. THEREFORE, TIME IS OF THE ESSENCE IN GAINING ACCESS TO THESE PA