21031 Ideal Tool LUR 6 Vapor 20181220

December 20, 2018 Sent Via USPS and email
Nikolaus M Lischerong
LEH NC Bank Street, LLC
310 Arlington Avenue, Suite 402
Charlotte, NC 28203
[e-mail]
Subject: Approval for Land Use Restriction No. 6
Ideal Tool & Die Co. Brownfields Project
Charlotte, Mecklenburg County
Brownfields Project Number 21031-17-060 Dear Mr. Lischerong:
This letter is to document compliance with the Land Use Restriction (“LUR”) Number 6
in the Notice of Brownfields Property (“Notice”). The Notice was recorded at the Mecklenburg
County Register of Deeds Office in Book 33177 Pages 48-87 and associated Plat Book 64 Page 278 on December 18, 2018. LUR 6 states the following:
6. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat, may be occupied until DEQ determines in writing
that:
a. the building is or would be protective of the building’s users, public health and the environment from risk of vapor intrusion based on site assessment data or a site-specific risk assessment approved in writing by DEQ; or
b. the building is or would be sufficiently distant from the Brownfields Property’s
groundwater and/or soil contamination based on assessment data approved in writing by DEQ
that the building’s users, public health and the environment will be protected from risk from vapor intrusion related to said contamination; or
c. vapor intrusion mitigation measures are installed and/or implemented to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
Ideal Tool & Die Co. December 20, 2018
Page 2

In May 2018 a Brownfields Assessment Report prepared by Hart & Hickman (H&H) in response
to a DEQ Brownfields Program request for additional assessment at the above reference property.
Assessment activities included sub-slab and indoor air sample collection and analysis by EPA Method
TO-15 for volatile organic compounds (VOCs). Based on this report and analytical results of the
samples, DEQ Brownfields supports H&H’s the conclusion in said report that no additional measures,
mitigation or monitoring are required for occupancy in the existing structures on the Brownfields
Property.
Please continue to submit the annual LUR Update certifications to remain compliant with the
recorded Notice. Should you have additional concerns or questions regarding the information in this
approval letter, please contact me at 704/661-0330 or [e-mail].

Sincerely,
Carolyn Minnich
Carolyn F Minnich Brownfields Project Manager Division of Waste Management

ec: Joselyn Harriger, DEQ Brownfields
Ralph McGee [e-mail] Eric Applefield [e-mail]