On September 25, 2012, the United States Department of Justice (DOJ) filed a proof of claim on the United States Environmental Protection Agency?s behalf in the Estate of Howard V. Wyrick (Estate) bankruptcy proceeding seeking all appropriate relief and the EPA?s total anticipated response costs at the Villa Mobile Home Park Battery Dumps Site (Site). The Site is a battery casing dump area located generally at 612 Venice Street, Kannapolis, Carrabus County, North Carolina, within the Villa Mobile Home Park (MHP). Following a complaint received by the City of Kannapolis in June 2010, personnel for the North Carolina Department of Environment and Natural Resources (NCDENR) visited the Site and observed layers of battery chips scattered throughout the bank of a drainage ditch located behind three residential mobile homes. At the request of NCDENR, the EPA?s Emergency Response and Removal Branch (ERRB) conducted a removal assessment at the Site and discovered lead contamination above the EPA?s Removal Action Level for residential soil. On September 1, 2010, the owner of the MHP and Site, Howard V. Wyrick, agreed to have the area covered with plastic liner and rip rap rock to prevent erosion, exposure from direct contact, and down-gradient migration of Site contaminants. The next day, the EPA confirmed that the work had been completed and informed Mr. Wyrick that the Site needed to be maintained and remain covered. Sometime thereafter, erosion began to damage the protective liner