05016_Southern Mfg_Liner Correspondence-Letters

From:Benne Hutson
To:Carolyn F. Minnich (E-mail)
Cc:Rick Lazes (E-mail)
Subject:Fiber Mills/Southern Manufacturing Site
Date:Tuesday, October 15, 2002 4:57:38 PM
Attachments:fiber mills southern manufacturing minnich letter_v3.DOCfiber mills bb&a remediation land use restricions portions of brownfields agreement_v1.DOC
Carolyn:
Please see the attached letter and proposed language for the Brownfields Agreement for this site.
This follows up on our telephone conversation earlier today.
Benne
Benne C. Hutson
Helms Mulliss & Wicker, PLLC
P.O. Box 31247
Charlotte, North Carolina 28231
Direct Dial: 704/343-2060
Direct Fax: [phone]
[e-mail]

201 North Tryon Street
Charlotte, NC 28202
PO Box 31247 (28231) [phone]
direct: [phone]
fax: [phone] [e-mail]

November 2, 2018
VIA E-MAIL

Carolyn Minnich Brownfields Project Manager
Superfund Section
Division of Waste Management
North Carolina Department of Environment and
Natural Resources 600 East Trade Street
Charlotte, NC 28202
Re: Fiber Mills/Former Southern Manufacturing Site -- Brownfields Agreement
Client-Matter No. 4003371.000600
Dear Carolyn:
This letter follows up on our conversation earlier today.
Enclosed is language we would propose be included in the “Work To Be Performed”
section of the Brownfields Agreement for this site. This language proposes a two-step self-
implementing remedy for the site. First, we would proceed with the performance of the
previously proposed remedial action plan that involves the deposition of either six or eight inches of soil over the asbestos-containing soil at the site. Second, when further development occurs,
there are specifications for where additional soil or liners with soil would have to be installed as
well as designating areas where no further work would have to be done.
The intent and goal of this approach is to make the remedial action requirements of the
Brownfields Agreement as self-implementing as possible. In this way, development of the site can proceed in a safe and protective manner without undue delay.
I have also included proposed language for the land use restrictions to be imposed at the
site. For the most part, these are the standard restrictions that have been included in other
Brownfield Agreements, with some modifications. They include the prohibition on groundwater
usage even though such a restriction is probably not necessary at this site as there is no groundwater contamination.
Carolyn Minnich November 2, 2018
Page 2
Please call me once you have had a chance to review this proposal so we can discuss any
questions or comments that you have. Once those are resolved, we can move towards
completion of this agreement.
Sincerely,
HELMS MULLISS & WICKER, PLLC
Benne C. Hutson
Attachment
cc: Rick Lazes (w/attachment)
WORK TO BE PERFORMED
__ a. Based on the information in the environmental reports, and subject to
imposition of and compliance with the land use restrictions cited below in paragraph __
b., and except as may be required pursuant to Section __ of this Agreement (Reservation
of Rights and DENR’s Covenant Not to Sue and Reservation of Rights), the following
active remediation shall be conducted at the Property:
i. Within 180 days of the effective date of this Agreement,
Prospective Developer shall implement and complete the Asbestos Remedial
Action, a copy of which is attached to this Agreement as Exhibit __. Within 30
days of the completion of the Asbestos Remedial Action, Prospective Developer
shall submit to DENR written documentation certifying such completion.
ii. The parties acknowledge that development of the Property will
occur after completion of the Asbestos Remedial Action. With regard to such
future development, the following active remediation requirements shall apply:
(1) To the extent that such development results in the
construction of buildings or impermeable surfaces (such as concrete or
asphalt roads or parking lots) over areas covered with soil as part of the
Asbestos Remedial Action, no further remediation of those areas shall be
required.
(2) If as part of the development, areas covered with soil as
part of the Asbestos Remedial Action become areas subject to intended,
continued and repeated traversing by the public (such as pedestrian
walkways, picnic areas, concert seating areas, etc.) and as part of the
development such areas are not covered with a building or impermeable
surface, then Prospective Developer shall do one of the following in those
areas:
(a) Increase the soil cover to a depth of two (2) feet;
(b) Temporarily remove the soil cover, install a liner
with a minimum thickness of two (2) mil, and then place the soil cover
back over the liner;
(c) Install a liner with a minimum thickness of four (4)
mil over the existing soil cover and then place an additional three (3)
inches of soil over the liner with permanent vegetation established in
accordance with the Asbestos Remedial Action; or
(d) Other actions approved by DENR.
(3) If as part of the development, areas covered with soil as
part of the Asbestos Remedial Action are not covered by buildings or
impermeable surfaces but are not areas where public access is intended as
part of the development, no further remedial action is required.
__ b. Based on the information revealed in the environmental reports, DENR
has determined that it is necessary for the Prospective Developer to impose the following
land use restrictions, running with the land, to make the Property safe for the uses
specified in this Agreement while fully protecting public health and the environment.
i. Groundwater at the Property may not be accessed or used in any
way whatsoever, whether through wells or for fountains, ponds, lakes, swimming pools
or any other purpose.
ii. No mining activities may be conducted or under the Property.
iii. No activities that result in direct exposure to or removal of soil
containing asbestos (for example, construction or excavation activities that encounter or
expose such soils) may occur in the areas identified on the map attached as Exhibit __
without DENR approval of plans and procedures to protect public health and the
environment during the proposed activities, provided that such approval shall not be
withheld if such plans and procedures comply with then current DENR regulations,
standards or approved procedures for excavating and/or handling soil containing
asbestos..
iv. No asbestos-containing materials may be used or stored at the
Property without the prior approval of DENR.

201 North Tryon Street
Charlotte, NC 28202
PO Box 31247 (28231) [phone]
direct: [phone]
fax: [phone] [e-mail]

December 19, 2002
VIA E-MAIL

Carolyn Minnich Brownfields Project Manager
Superfund Section
Division of Waste Management
North Carolina Department of Environment and
Natural Resources 600 East Trade Street
Charlotte, NC 28202
Re: Fiber Mills/Former Southern Manufacturing Site -- Brownfields Agreement
Client-Matter No. 4003371.000600
Dear Carolyn:
As I understand our most recent conversations, the Brownfields Program has based the
proposed cover requirements for this site that use soil (either 12 inches of compacted clay
covered with 6 inches of soil or a geo-textile liner covered with 12 inches of soil) on the
provisions of 40 C.F.R. §61.151, which establishes closure requirements for asbestos
manufacturing and fabricating facilities that are inactive waste disposal sites. Although that regulation only requires 6 inches of soil as a cover with no liner, the Brownfields program has
increased these requirements as 40 C.F.R. §61.151(b) (which requires warning signs and
fencing) does not contemplate public access to the site. Our proposed uses would involve public
access.
This interpretation of 40 C.F.R. §61.151 is not correct. 40 C.F.R. §61.151(b) states as follows:
Unless a natural barrier adequately deters access by the general
public, install or maintain warning signs and fencing as follows, or
comply with paragraph (a)(2) or (a)(3) of this section.
(Emphasis added.) 40 C.F.R. §61.151(a)(2) (ie., “paragraph (a)(2) of this section”) provides that a former asbestos manufacturing or fabricating site in a non-desert area can be closed as follows:
Carolyn Minnich December 19, 2002
Page 2
Cover the asbestos-containing waste material with at least . . . 6
inches . . . of compacted non-asbestos-containing material, and
grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material.
No liner is required. 40 C.F.R. §61.151(a)(3) requires two feet of compacted non-asbestos-
containing material when there is no vegetative cover. Once again, no liner is required.
Thus, under these regulatory provisions, Fiber Mills can put down 6 inches of soil and
establish and maintain vegetation over that to prevent exposure of the asbestos-containing waste material. If it does so, Fiber Mills does not have to put up a fence or warning signs as it will
have complied with “paragraph (a)(2) of this section.” Once these cover requirements are met,
Fiber Mills is not subject to any restrictions or prohibition on the general public having access to
the site. Furthermore, as long as its development activities do not disturb the asbestos-containing
waste material, Fiber Mills can proceed with such activities at the site without any notice to or pre-approval by the agency. Notification is only required where the asbestos-containing material
will be disturbed. See, 40 C.F.R. §61.151(d). Finally, Fiber Mills will have to file a deed
notation that the land has been used for the disposal of asbestos-containing waste material along
with a survey plat showing the location of such material, which is basically the same as the
requirements for a Notice of Brownfields Property. See, 40 C.F.R. §61.151(e).
From my review of the State and federal regulations, this is the only standard for closure
for sites with soil contaminated by asbestos or asbestos-containing materials.
In light of these regulatory requirements, the Brownfields Program (or, for that matter,
any other section of DENR), cannot require 18 inches of soil cover without a liner or 12 inches
of soil with a liner. If Fiber Mills meets the requirements of 40 C.F.R. §61.151, then it can proceed with the development of this site.
As you know, the discussions/negotiations/debate as to the requirements for the capping
and reuse of this site have gone on for a long, long time. What has been lacking throughout
those discussions has been the identification of an official standard for such work. Thanks to
your efforts, that standard has been identified. Now let’s apply that standard by incorporating its provisions into the requirements of the Brownfields Agreement. (We are also agreeable to
having concrete remain as a capping option as well.)
As I know you will be discussing this matter with Bruce and Tony (as you indicated in
our recent conversations that they both supported the three cover options), I am providing a copy
of this letter to them as well. Please let me know as soon as possible that the Brownfields Program agrees to the cover requirements of 40 C.F.R. §61.151 as the work to be done at this
site. If the Brownfields Program does not agree, we will have to consider other legal and
regulatory options available to us.
Carolyn Minnich December 19, 2002
Page 3
Thanks for your prompt attention to this matter.
Sincerely,
HELMS MULLISS & WICKER, PLLC
Benne C. Hutson
cc: Rick Lazes (via E-mail)
Bruce Nicholson (via E-mail)
Tony Duque (via E-mail)

From:Minnich, Carolyn
To:Benne C. Hutons ([e-mail]); ([e-mail])
Cc:BRUCE NICHOLSON
Subject:Southern Manufacturing
Date:Monday, January 27, 2003 10:08:55 AM
Attachments:Response Letter 01-27-03.doc
Attached is the Brownfields Program response letter for the soil cap thickness at the Southern
Manufacturing Site located at 1000 Seaboard Street in Charlotte, NC. Mr. Lazes, I will mail a hard copy
today for your records. I will contact Benne this afternoon to address any immediate questions about our
response. I will be out of the office tomorrow and returning February 6th for vacation. Thank you for
your patience on this project. Please feel free to contact me if you have any questions or comments.

Thank You,
Carolyn Minnich
Brownfields Project Manager
Superfund Section, DENR
c/o City of Charlotte
Neighborhood Development Key Business
(v) 704/336-3499 (f) 704/336-2527
C/O CITY OF CHARLOTTE, NEIGHBORHOOD DEVELOPMENT
EMPLOYMENT & BUSINESS SERVICES 600 EAST TRADE STREET, CHARLOTTE, NC 28202 PHONE [phone] FAX [phone] INTERNET www.enr.state.nc.us
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER – 50% RECYCLED/10% POST-CONSUMER PAPER

January 27, 2003
Rick Lazes
Fiber Mills, LLC
3610 Red Oak Court
New Orleans, LA 70131
Subject: Asbestos Remedial Action Plan
Brownfields Agreement
Former Southern Manufacturing Site
1000 Seaboard Street Charlotte, Mecklenburg County
Dear Mr. Lazes:

Based on recent conversations and correspondence between Mr. Benne Hutson of Helms Mulliss & Moore, PLLC on behalf of Fiber Mills, LLC as a Prospective Developer (PD), and the North Carolina Department of Environment and Natural Resources (DENR), clarification on additional
work to be performed at the site is required. Specifically, we need to examine the Work to Be
Performed for the Brownfields Agreement and the Asbestos Remediation Action Plan for the
reference site. I am in receipt of Mr. Hutson’s October 17, 2002 and December 19, 2002 letters. Upon further
review of the National Emission Standard for Hazardous Air Pollutants (NESHAP) 40 CFR
§61.151 and discussions with DENR Brownfields Program Staff, we will accept one of the
following soil capping options: a) Cover the asbestos-containing waste material with at least 6 inches of compacted
nonasbestos-containing material, and grow and maintain a cover of vegetation on the area
adequate to prevent exposure of asbestos-containing waste material. Additional soil cap
thickness may be required based on land use intensity as approved by DENR. b) Cover the asbestos containing waste material with at least 2 feet of compacted
nonasbestos-containing material, and maintain it to prevent exposure of the asbestos
MICHAEL F. EASLEY, GOVERNOR
WILLIAM G. ROSS JR., SECRETARY
DEXTER R. MATTHEWS, DIRECTOR

NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES

DIVISION OF WASTE MANAGEMENT
Mr. Rick Lazes
January 27, 2003
Page 2
containing waste. No additional restrictions on land use intensity will be required by
DENR.

c) Install a liner (geotextile or polyethylene) over the impacted areas and cover the liner with 6-inch compacted non asbestos-containing material, and grow and maintain a cover
of vegetation on the area adequate to prevent exposure of asbestos containing waste. No
additional restrictions on land use intensity will be required by DENR.

d) If development of the property in the impacted areas, results in the construction of buildings or impermeable surfaces (such as concrete or asphalt roads or parking lots), and
the maintenance thereof, no additional remedial action will be required by DENR.

I have reviewed the May 2001 Asbestos Remedial Action report prepared by Titan Atlantic
Group and compared it with the site sampling data and correspondence letters. I have the following comments:

1. General: A portion of the property above 1% asbestos was not included in your proposed
soil cover area. This area is on the southeast portion of the property near Seaboard Street and Hamilton Street. Specifically, it is located near sampling point GP-34, GP-35, and GP-38 identified in the Site Assessment Report dated August 2000. This area needs to be
covered with one of the options listed in the preceding paragraphs.

2. Soil Cover: The soil cover must be in accordance with the options listed above (a) through (d). The minimum allowable thickness is 6 inches in the asbestos-containing areas; please note a construction average thickness of 6 inches will not be acceptable.

3. Inspections and Maintenance: The soil cover must be inspected annually and its
condition documented on a standard form approved by DENR. The inspection form will be included in the Land Use Restriction Update required by the Brownfield Agreement. A minimum of ten permanent metal posts with must be placed to monitor erosion. A
minimum of four in the front portion along Seaboard and Hamilton Street and the
remaining along the back portion of the property. 4. Survey: A licensed North Carolina surveyor will conduct topographic surveys before and after the soil cover installation activities to ensure compliance wit the minimum fill
requirements stated above.

Mr. Rick Lazes
January 27, 2003
Page 3
I am eager to keep this project moving forward and will begin drafting the brownfield agreement
once we resolve this issue. If you have any questions regarding this letter or the brownfields
process, please feel free to contact me at [phone], or via e-mail at
[e-mail].
Sincerely,

Carolyn Minnich
Brownfields Project Manager
Special Remediation Branch
Superfund Section

cc: Benne Hutson, HMW, sent via e-mail [e-mail]
Bruce Nicholson, DENR
Charlotte Jesneck, DENR Rob Gelblum, DOJ
From:[e-mail]
To:[e-mail]
Subject:No Subject
Date:Thursday, February 06, 2003 11:15:25 AM
Dear Carolyn,
I am writing in regards to your letter of Jan. 27, 2003, concerning the
asbestos remedial action plan and brownfields agreement for 1000 Seabaord
St., Charlotte, N.C.
I will accept your proposal (c) which includes the installation of a liner
(geotextile or polyethylene) along with 6 inches of compacted material and
ground cover of vegetation.
I agree to include your comments covered in par. 1. General.
I agree to include your comments covered in par. 2: Soil Cover
In regards to par. 3, I would request that you eliminate the need for metal
posts since I am agreeing to use the liner. In addition I would request that
we reduce the frequency of required inspections to once every five years,
since we are agreeing to the liner. It will be obvious if the cover has been
eroded since the liner would become exposed and we would take appropriate
remedial actions without the need for annual inspections.
I agree to include your comments covered in par. 4 Survey
Thank you for your consideration of these modifications. I look forward to
expediting this matter as we are anxious to complete the remediation process
and appreciate your offer to fast track this process once we agree to the
terms and conditions of the restrictions
Best regards,
Rick Lazes, president Fiber Mills, LLC
From:Minnich, Carolyn
To:"[e-mail]"
Subject:Southern Manufacturing
Date:Wednesday, May 21, 2003 9:30:24 AM
Hi Ric:
I would like to talk to you about the issues you raised in previous e-mails, please call me at your convenience. But
in case we miss each other, the following is brief summary to your questions.
After careful review, we agreed measuring rods or poles are not required. We will confirm the thickness using
the final report on site activities submitted to DENR which will compare the initial and final topographic
surveys demonstrating a minimum of 6" of compacted soil has been installed at the site. Also, a requirement in the
BFA states the site must be inspected on an annual basis and if erosion or impacts are noted they will be fixed.
Therefore, the DENR BF Program agrees that measuring devices are not required.
The second question about removal from the Inactive Hazardous Site Inventory is another issue. With
the brownfields agreement complete, you and future buyers, lenders, and assignees, are provided liability protection
for future remediation assuming the terms of the agreement are met. I thought this was your motivation for getting a
brownfield agreement. Hanna Assefa is the project manager for this site in the IHSB. Her number is 919/733-2801
x 279. I have kept her updated on the status of this site. I recommend you contact her to discuss the requests. We
can have a conference call if you desire. Please contact me to discuss further.
Thank You.
Carolyn Minnich
Brownfields Project Manager
NC Division of Waste Management
c/o City of Charlotte
Neighborhood Development Key Business
600 East Trade Street
Charlotte, NC 28202
Office: 704/336-3499
Fax: [phone]
Mobile: [phone]
-----Original Message-----From: [e-mail] [mailto:[e-mail]]Sent: Monday, May 19, 2003 4:44 PMTo: [e-mail]: No Subject
Dear Carolyn,
Thank you for your update on the meeting with Mac at the Southern Manufacturing site.
I was surprised to learn that Southern Manufacturing needs to petition the IHSB Section for removal
of the site from the DENR Inactive Hazardous Site Inventory. I thought that the completion of the
Brownsfield's agreement would suffice and this is what has motivated us to invest all of this time and
expense in the remediation activities. I was never told that there might be "additional certifications
or other activities required." This creates several problems for us. The first is that the Southern
Manufactuing entitity no longer exists so that we would have no way to follow this procedure.
Secondly the prior owners of the property, BBA US Holdings, Inc., have no incentive to do anything
so it would be difficult or impossible for me to encourage them to take any action, particulary if there
was any expense involved. It was my understanding that the primary purpose of the Brownsfield's
agreement was to have the site removed from the Hazerdous Site Inventory.
On the issue of installing rods, we have previously discussed this suggestion and mutually agreed not
to require it as it is unnecessary since we installed the geotextile liner in 100% of the area that has
been filled. As a practical matter, we also intalled the edge timbers (although we were not required to
do so) so that we can easily see if there was any erosion since it would certainly occur at the
perimeters before anywhere else. Therefore I would hope that you would reconsider your request for
the addition of rods.
Thank you for your consideration of these two matters. I am anxious to complete this work and as
you know we have been diligent in meeting all of your requirements.
Best regards,
Rick Lazes, presidentn Fiber Mills, LLC