05016_Southern Mfg email 20060717

From:Sandra Moore
To:[e-mail]
Subject:Re: Southern Manufacturing
Date:Monday, July 17, 2006 11:20:05 AM
Hi Carolyn,
It's hard to think of every detail isn't it? I think what you are
proposing sounds good. You might also want to ask Tom W if they have a
plan in place to avoid disturbing the asbestos contaminated soil under
the geotexile line and soil cap required to protect public health. If
the liner should be breached during redevelopment I would suggest to him
that they have some sort of plan to protect workers from exposure to
avoid future liability. Just some thoughts...
Sandra
Carolyn Minnich wrote:
> Hi Sandra:
>
> I hope you are doing well. The Southern Manufacturing site is a
> completed projected from a couple years ago. The is asbestos in the
> soil and we required a geotextile liner and soil cap across the
> property., which was completed per our requirements. Now, I learn from
> the City of Charlotte they are changed about to do some changes to the
> property, adding residential use. This is allowed in the agreement,
> but I see I left no precautions on how to address the asbestos in the
> soil during redevelopment. I think this may be a whole, I told Tom W
> to remind the developer of the soil cap and to notifiy DENR prior to
> digging in that area. What do you think?
>
> These are excerpts from the agreement FYI, they followed option 13.c:
>
> 13. This paragraph concerns the areas of the Property where
> asbestos-containing waste is located, as denoted on the plat component
> of the Notice of Brownfields Property referenced below in paragraph
> 17. Within 180 days of the effective date of this Agreement,
> Prospective Developer shall, to the satisfaction of DENR:__
>
> a. cover the areas with buildings or impermeable surfaces (e.g.,
> concrete or asphalt roads or parking lots); or
>
> b. cover the areas with at least two (2) feet of compacted
> non-asbestos-containing material; or
>
>
> c. install a geotextile or polyethylene liner over the areas and cover
> it with six (6) inches of compacted non-asbestos-containing material,
> and grow vegetation on the area adequate to prevent exposure of the
> asbestos-containing waste; or
>
> d. implement other measures that remove or cover the areas.
>
> 14. By way of the Notice of Brownfields Property referenced below in
> paragraph 17, Prospective Developer shall impose the following land
> use restrictions under the Act, running with the land, to make the
> Property safe for the uses specified in this Agreement while fully
> protecting public health and the environment.
>
> a. Surface water at the Property may not be used for any purpose
> without the approval of DENR or its successor in function.
>
> b. No activities that encounter, expose, remove or use groundwater
> (for example, installation of water supply wells, fountains, ponds,
> lakes or swimming pools, or construction or excavation activities that
> encounter or expose groundwater) may occur on the Property* *without
> prior sampling and analysis of groundwater to the satisfaction of DENR
> or its successor in function in any areas proposed for such
> activities, and submittal of the analytical results to DENR or its
> successor in function. If such results disclose to DENR or its
> successor in function contamination in excess of North Carolina’s
> groundwater quality standards, the proposed activities may not occur
> without the approval of DENR or its successor in function on such
> conditions as DENR or its successor in function imposes, including at
> a minimum legal approval of plans and procedures to protect public
> health and the environment during the proposed activities.
>
> c. No mining may be conducted on or under the Property, including,
> without limitation, extraction of coal, oil, gas or any other minerals
> or non-mineral substances.
>
>
> d. No basements may be constructed on the Property unless they are, as
> determined by DENR or its successor in function, vented in conformance
> with applicable building codes.
>
> e. No asbestos may be used or stored at the Property without the prior
> approval of DENR or its successor in function.
>
> f. The Property may not be used for agriculture, grazing, timbering or
> timber production.
>
> g. The Property may not be used as a playground, or for child care
> centers or schools.
>
> h. The Property may not be used for kennels, private animal pens or
> horse-riding.
>
> i. Prior to January 31^st of each calendar year, the then current
> owner of any part of the Property shall submit a notarized Land Use
> Restrictions Update to DENR or its successor in function certifying
> that the Notice of Brownfields Property containing these land use
> restrictions remains recorded at the Mecklenburg County Register of
> Deeds office, that the land use restrictions are being complied with,
> and that the measures that have been implemented to cover the areas of
> the Property where asbestos-containing waste is located are being
> maintained such that the asbestos-containing waste is not exposed.
>
> Thank You,
> /Carolyn Minnich/
>
> Brownfields Project Manager
> Division of Waste Management, DENR
> c/o City of Charlotte
> Economic Development
> (v) 704/661-0330
>
--
Sandra Moore
Brownfields Project Manager
Division of Waste Management
401 Oberlin Road Suite 150
Raleigh, NC 27605
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