18038_AquAir II_LUR 8 (vapor mitigation) Letter_20170315

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 T

March 15, 2017
Sent Via USPS and email
R. Alan Lewis
TKC Land Development II, LLC
5935 Carnegie Blvd, Suite 200 Charlotte, NC 28209
[e-mail]

Subject: Land Use Restriction No. 8 AquAir II Brownfields Project Charlotte, Mecklenburg County
Brownfields Project Number18038-14-060

Dear Mr. Lewis:
On July 24, 2015, the Notice of Brownfields Property was recorded at the Mecklenburg
County Register of Deeds Office (Book 30150 Page 506-549) for the above reference
brownfields property. The North Carolina Brownfields Program (NCBP) received an email
message from Steve Hart, of Hart & Hickman, dated February 22, 2017 related to one of the land
use restrictions (LUR). The email concerned the requirements for LUR 8, which states the
following:
8. No building may be constructed on the Brownfields Property, unless and until DENR
determines in writing that:
a. the building would be sufficiently distant from (1) the Brownfields Property’s known groundwater and/or soil contamination (2) and potential off-site sources that are migrating on-site that the building’s users, public health and the environment will be protected
from risk from vapor intrusion related to said contamination; or
b. a plan for a vapor intrusion mitigation system, approved in writing by DENR in
advance and including a proposed performance assessment for demonstration of the system’s protection of the building’s users, public health and the environment from risk from vapor intrusion, is implemented to the satisfaction of a North Carolina-licensed professional engineer
as reflected by implementation documentation sealed by said engineer.

.
Mr. Lewis
March 15, 2017
Page 2

The email included figures and analytical data demonstrating the proposed building is
adequate distance from the known groundwater impacts. NCBP supports the conclusion that no
additional vapor assessment or mitigation is necessary for the proposed distribution facility.
However, the future expansion area denoted on the figure or if building location changes on the
Brownfields Property, may affect the decision and NCBP should be notified.
The email also stated the groundwater monitoring wells are scheduled to be abandoned.
NCBP recommends maintaining monitoring well AMW-110 to aid in determining groundwater
impacts for future expansion area or if the building location shifts. If grading plans do not allow
for keeping the well, then abandon as needed. The following wells must remain on the
brownfields property, if they are destroyed during redevelopment, they must re-installed,
monitoring wells AMW-102, AMW-103, AMW-104, and AMW-108.
Be advised that this approval from the Brownfields Program does not waive any
applicable requirement to obtain any necessary permits, licenses or certifications for the above
listed activities nor does it waive any requirement to comply with applicable law for such
activities. If you have any questions or comments, please contact me at 704/661-0330.
Sincerely,

Carolyn Minnich
Carolyn Minnich
Brownfields Project Manager

CC: David Peacock, [e-mail] Steve Hart [e-mail]
Ralph McGee [e-mail]