04017_Burlington Mills_General Correspondence_20090106

J • •
GENE L
CORRESPONDENCE
&iil\ • •
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management
January 6, 2009
CERTIFIED MAIL RETURN RECEIPT
Mr. Stephen C. Cadwallader
Cherokee Mooresville, LLC
Ill East Hargett Street, Ste. 300
Raleigh, NC 27601
Subject: Annual Land Use Restrictions Update
Burlington Mills
476 South Main Street
Mooresville; Iredell County
Brownfields Project Number: 04017-00-49
Dear Mr. Cadwallader:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Attached is a new Land Use Restrictions Update {LURU} form that is to be used to
comply with the Notice of Brownfields Property for the above mentioned site. Please review the
new form and mark the appropriate compliance status under each land use restriction {LUR}. In
addition, a space is provided for comments pertaining to a specific LUR that may add
clarification on compliance. Please notarize and submit the new LURU form to the North
Carolina Department of Environment and Natural Resources {[)ENR}, Brownfields Program,
401 Oberlin Road, Suite 150, Raleigh, NC 27605. Please continue to use the new form for all
future LURUs.
In addition, an electronic copy of the new form will be made available by e-mail upon
request. You may contact me at [phone] or by e-mail at [e-mail] with
any questions.
. Sincerely, -2_P~j
David Peacock
Brownfields Compliance Coordinator
Enclosures: New LURU
Cc: Central Files
Ec: Bruce Nicholson, NCDENR
Rob Gel blum, Special Deputy Attorney General
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone]\ FAX [phone]\ Internet http://wastenotnc.org
An Equal Opportunity I Affinnative Action Employer-Printed on Dual Purpose Recycled Paper
, • • i:i~
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management
November 13, 2008
CERTIFIED MAIL RETURN RECEIPT
Mr. Stephen C. Caawallader
Cherokee Mooresville, LLC
702 Oberlin Road, Suite 150
Raleigh, NC 27605
Subject: Annual Land Use Restrictions Update
Burlington Mills
4 76 South Main Street
Mooresville, Iredell County
Brownfields Project Number: 04017-00-49
Dear Mr. Caawallader:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Attached is a new Land Use Restrictions Update {LURU} form that is to be used to
comply with the Notice of Brownfields Property for the above mentioned site. Please review the
new form and mark the appropriate compliance status under each land use restriction {LUR}. In
addition, a space is provided for comments pertaining to a specific LUR that may add
clarification on compliance. Please notarize and submit the new LURU form to the North
Carolina Department of Environment and Natural Resources {DENR}, Brownfields Program,
401 Oberlin Road, Suite 150, Raleigh, NC 27605. Please continue to use the new form for all
future LURUs.
In addition, an electronic copy of the new form will be made available by e-mail upon
request. You may contact me at [phone] or by e-mail at [e-mail] with
any questions. ·
21?2
David Peacock
Brownfields Compliance Coordinator
Enclosures: New LURU
Cc: Central Files
Ec: Bruce Nicholson, NCDENR
Rob Gelblum, Special Deputy Attorney General
. 1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] FAX [phone] I Internet http://wastenotnc.org
An Equal Opportunity I Affirmative Action Employer-Printed on Dual Purpose Recycled 'Paper
• •
Brown fields Project#: 04017-00-49
Brownfields Property: Burlington Mills, 476 South Main Street
Property Owner (In whole or part): Cherokee Mooresville, LLC
LAND USE RESTRICTIONS ("LUR") UPDATE
LUR 1: No water supply wells may be installed or used at the Brownfields
Property.
In compliance__ Out of compliance __
Remarks:
LUR 2: No mining activities may be conducted on or under the Brownfields
Property.
In compliance__ Out of compliance __
Rem~ks: ----------------------------------------------------------
LUR 3: No activities which result in direct exposure to or removal of
groundwater (for example, construction or excavation activities which encounter or
expose groundwater) may be conducted on the Brownfields Property without prior
sampling and analysis of groundwater in the ~ea where such activities are to be
conducted, submittal of the analytical results to the Depmment of Environment and
Natural Resources ("DENR") or its successor in function along with plans and
procedures to protect human health and the environment during those activities, and
approval of those activities by DENR or its successor in function.
In compliance__ Out of compliance __
Remarks: ----------------------------------------------------------
•
. . • •
LUR 4: No basements and no fountains, ponds, lakes, swimming pools or other
items which are supplied, in whole or in part, by groundwater may be constructed on the
Brownfields Property.
In compliance__ Out of compliance __
Remarks:
LUR 5: The compounds Chloroform, 1,2-Dichloroethene, and Tetrachloroethene,
may not be used, warehoused or otherwise stored at the Brownfields Property, without
prior approval of DENR, which approval shall not be required for these compounds in de
minimis amounts for cleaning and for other routine housekeeping activities.
In compliance__ Out of compliance __
Remarks:
LUR 6: Within seven (7) days of each anniversary of the effective date of the
·. Brownfields Agreement ("Agreement"), the owner(s) of each portion of the Brownfields
Property, or another entity approved by DENR, shall submit a notarized Land Use
Restriction Update to DENR certifying that the Notice of Brownfields Property remains
recorded at the Iredell County Register of Deeds' office, and that the land use restrictions
are being complied with.
In compliance__ Out of compliance __
Remarks:
• •
Notarized signing and submittal of this Land Use Restrictions Update constitutes
certification that this Notice remains recorded at the County Register
of Deeds office and that the Land Use Restrictions are being complied with.
This Land Use Restrictions Update is certified by------------
owner of at least part of the Brownfields Property.
Name typed or printed of party making certification:
In the case of owners that are entities:
Signature of individual signing: -----------------
Name typed or printed: --------------
Title: --------------
In the case of all owners:
Date: ----------
[Insert notary block from among the following that is pertinent to type of party
submitting LURU: corporation, LLC, partnership or individual.)
[use for corporations]
ATTEST:
Name typed or printed:
(Name of Prospective Developer]
By: --~----~--~~--------­Name typed or printed:
Title typed or printed:
Secretary, (Name of Prospective Developer]
NORTH CAROLINA
__________ COUNTY
I, , a Notary Public of the county and state
aforesaid, certify that personally came before me
this day and acknowledged that he/she is the Secretary of , a
[state of incorporation) corporation, and that by authority duly given and as the act of
the corporation, the foregoing Notice of Brownfields Property was signed in its name by
its and attested by him/her as its Secretary.
• •
WITNESS my hand and official stamp or seal, this __ day of
______ ,200_.
Name:
Notary Public
My Commission expires: -----'------
fuse for LLCsl
[Name of Prospective Developer]
[Stamp/Seal]
By: _________________ _
Member/Manager
NORTH CAROLINA
_____ COUNTY
Name typed or printed:
I, , a Notary Public of the county and state
aforesaid, certify that personally came before me this day
and acknowledged that he/she is a Member of , LLC, a [state of
incorporation] limited liability company, and its Manager, and that by authority duly
given and as the act of the company, the foregoing Notice of Brownfields Property was
signed in its name by him/her.
WITNESS my hand and official stamp or seal, this __ day of
------' 200_.
Name typed or printed:
Notary Public
My Commission expires: ________ _
[Stamp/Seal]
' . • •
[usc for Partnerships[
(Name of Owner]
By:-----..,---,-----------Name typed or printed:
NORTH CAROLINA
_____ COUNTY
General Partner
I, , a Notary Public of the county and state
aforesaid, certify that personally came before me this day
and acknowledged that he/she is a General Partner of , a [state
where partnership is registered] partnership, and that by authority duly given and as the
act of the partnership, the foregoing certification was signed in its name by him/her.
WITNESS my hand and official stamp or seal, this __ day of
______ , 200_.
Name typed or printed:
Notary Public
My Commission expires: ---------
[Stamp/Seal]
• . . • •
I use for individuals]
[Name of Owner]
By:_-:-:----:---:--:---------Name typed or printed:
NORTH CAROLINA
_____ COUNTY
I, , a Notary Public of the county and state
aforesaid, certify that personally came before me this
day, demonstrated her/his identity, and signed the foregoing certification.
WITNESS my hand and official stamp or seal, this __ day of
------' 200 . .
Name typed or printed:
Notary Public
My Commission expires: _______ _
[Stamp/Seal]
• &iii\ •
NCDENR
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director
December 20, 2006
Mr. John Gallagher
Cherokee Mooresville, LLC
702 Oberlin Road
Raleigh, NC 27605
Division of Waste Management
Subject: Confirmation of Annual Land Use Restrictions Update
Burlington Mills
476 South Main Street
Mooresville, Iredell County
Brownfields Project Number: 04017-00-49
Dear Mr. Gallagher:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
The North Carolina Department of Environment and Natural Resources {DENR} has
received your Land Use Restrictions Update dated December 14, 2006 for the above-referenced
site. The LURU is in compliance and meets the requirements of the Brownfields Agreement.
Please be sure to include the Project Number above on all future correspondence. Thank
you for your prompt attention in this matter.
~~fVJ
I Shirley Liggms
Brown fields Program Assistant
Cc: Central Files
Ec: Bruce Nicholson, NCDENR
Rob Gelblurn, Special Deputy Attorney General
Tony Duque, NCDENR
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] I FAX [phone] I Internet http://wastenotnc.org
An Equal Opportunity I Affirmative Action Employer-Printed on Dual Purpose Recycled Paper
··~A -.i,.~ NCDE~N~R
• •
North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of waste Management
Mr. John Gallagher, PE
Cherokee Mooresville, LLC
702 Oberlin Road
Raleigh, NC 27605
November 18, 2005
Subject: Confirmation of Annual Land Use Restriction Update
Burlington Mills
476 South Main Street
Mooresville, Iredell County
Brownfields Project Number: 04017-00-49
Dear Mr. Gallagher:
Michael F. Easley. Governor
William G. Ross Jr., Secretary
The North Carolina Department of Environment and Natural Resource (DENR) has
received your Land Use Restriction Update dated November I, 2005 for the above-referenced
site. The LURU is in compliance and meets the requirements of the Brownfields Agreement.
Please include the Project Number above on all future correspondence.
Thank you for your prompt attention to this important matter. If you have questions
about this correspondence or require additional information, please contact us.
Shirley Liggi s
Brownfields Program Assistant
Cc: Central files
Ec: Bruce Nicholson, NCDENR
Tony Duque, NCDENR
16461vlail Service Center, Raleigh, North Carolina 27699-1646
401 Oberlin Road. Suite 150, Raleigh, NC 27605
Phone [phone]\ FAX 919-715·6358 \Internet http://wastenotnc.org
. .:..n Equa! G;:-pcnunliy i ,!.,(f;r;nailve Act~o:'n Em.c·k:·yer --Printed on Dual Purpo;;e Rec'jcltd Pa1=er
North Carolina • Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Dexter R. Matthews, Director
Mr. Stephen C. Caawallader
Cherokee Investment Partners, LLC
702 Oberlin Road, Suite 150
Raleigh, NC 27605
RE Burlington Mills
February 4, 2003
4 76 South Main Street, Mooresville, Iredell County
Dear Mr. Caawallader:
• _M§;]:\,
NCDE~N~R
This is to confirm that the Department of Environment and Natural Resources has received your
check for the amount of$2,000 00 in payment of the initial brownfields fee for the referenced site.
Thank you for your payment.
Sincerely,
~.~U/J
Collection Manager
cc: File
Tony Duque
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone]/ FAX: [phone]/ Internet: www.enr.state.nc.us
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
•
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Cherokee 1nyestment Partners serves investors,. saves polluted propertie~
-:.': ·_ :· ~. ·'·:\:_.,_... .-·. ',•'. . -,': ,_.;· . t.. . . --~/-/.':
CHEROKEE ·"; BY CIIRISTiNA DYRNEss
. INVESTMENT PARTNERS . STAFF WRITER . . ..
.. FOU~DED:1997 ·•· c RALEIGH -One of the largest veriture-capi-:.c .·;: ·:_ . · tal firms in the state keeps a low profile. ':
. CHIEF ExECUTIVE OFFICER: · · . But Thomas F. Darden, chief exectitive of
. ThomasF.Darderi · :·· · · · Raleigh~based Cherokee Investment PartneiS,
. . .. . • . .. :: •;: .. ,' eljjoys a white-hat reputation that eludes other -• EMPLOYEES: 28) · · ;;. · . · so-called "vulture capitalists.• ;. . .
· HEADQUARTERS: Raieig~ /. Later this nionth, Darden Will close CherO-· ·
· · · · • · . kee's third venture fund, which is expected to.
BUSINESS: Buying polluted lii~'ci. or -receive about $500 million from investors; ..
• . brovinfields, iJVerleeing its 'cleanup . niore than double the size of the finn's Second.:
and selling for a profit to developers. · .tum!. That will make it one of the bi~t ve&.
. PROJECTS: .The company civins ture funds in North Carolina, ·. ·
. 65 sites worldwide, including a . The money, raised from institutional in-
defunct textile mill in Mooresville; ·vestors such as state pension funds and cor-
a tract of Meadowla-nds property in . poi-ate trusts, will be used to buy polluted prop-
. New Jersey; and a Iarmer paint plaot · erties, also called brownfields, clean them up and sell them to developers with healthy annual on San Francisco Bay.. returns in excess of20 percent. Cherokee, one·
Cherokee Is restoring this former >:
textile mill in Mooresvll.le, possibly to ·
turn It Into a NASCAR Industrial park ..
PHOTO COURTESY
OF CHEROKEE INVESTMENT PARTNERS .
NEWESTFUND: Cherokee's ihird of the few compariies in the world that spe-
fund, which \Viii start the' dosing cializes in this type of investment, repeats the all the profit up to a 10 percent returi A.!).y
process this month, is expected to be .formula froni industrial sites near London to ·profit above that and Cherokee gets to keep
$500 million, double the size-of its a foimer paint manufacturing site on San Fran; 20 percent ofit, with the rest further lining in-· ..
· second fund. cisco Bay to a defunct textile mill in Mo01'esville. vestors' pockets. · . .
. "It's about the only thing I know of that "This is not.a business where you can have ·
MOORESVILLE LOCATION pleases everyone,• said Chrystal Bartlett, pub-venture capital-like returns," Darden said._
lie information officer for the N.C. Depart-Traditional VCs, which earn the derisive
ment of Environment and Natural Resources' . · nickname "vulture capitalist• when they de-. ·
waste management division, which tracks the mand too much control at companies they fi-
state's brownfield remediation. "City fathers, nance, invest their money in companies for a
activists and politicians-getting all three of long period of time. if they win big, VC in-
them to grin at once is ... difficult.' · vestors can get back two, four or 10 times their
And .it's something Darden loves doing. original investment. Cherokee's returns are rel-
"There's a lot of pollution out there. We're ~lively smaller because it holds tlie properties
doing more cleaning than any private-sector for an average of only three years while the
entity," Darden said. "I feel really good about sites are cleaned up.
that.': In June, Cherokee bought an abandoned
Make no mistake: Cherokee's bottom-line textile mill in Mooresville and plans to spend
commitment is to delivering returns to its in-about $6 million to remove toxins from the
vestors. So it doesn't spend much time toot-ground and renovate the buildings. Once .
ing its environmental horn; instead, the com-cleaned and restored, the company plans to
pany watches for the right deal. market the historic site as a facility for vendors
Darden says his goal is to give his investors in the stock car business, possibly turning it
an annual return of more than 20 percent-into a NASCAR industrial park.
actual returns to date have been significantly "We couldn't be more pleased that someone
higher. The way Cherokee is structured, the
investors g'et all their invested cash back plus SEE CHEROKEE, PAGE 30
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CHEROKEE·
CONTINUED fROM PAGE 1D :
has taken on this project," said
Rick McLean, Mooresville's town
manager. "We've been concerned
because the facility was stand-
ing vacant and we're excited that
[Cherokee] is doing something
with it."
A market report published last
month on the Web site of trade
publication Brownfield News
(brownfleldcentral.com) identifies
Cherokee as one of the few dedi-·
cated investors riding what the
report calls the "roller coaster"
of brownfield investments-real-
estate deals made more risky by
the pollution factor. "As the mar-
ket matures, it is becoming more
difficult to find brownfield in-
vestments that will g~enerate yields
north of 30 percent," the
report reads.
Darden is the first to admit
that the type of investing Chero-
kee does is anything but risk-
free. The same perils of average
real-estate deals apply -Will it
, sell at a profit? Is it ripe for de-.
velopment? -with the added
BLUE CROSS
CONTINUED fROM PAGE 1D.
Once Blue Cross' business plan,
just one part of the overall con-.
version proposal, is approved, the
DOl would set dates for three
public. hearings on the matter.
Then regulators would shift their
focus from seeing that the filing
is complete to the meat of the
proposal, including whether al-
lnwinu RlnP r:~ tn ilmn it'\ not-
Business·
'There's a lot of pollution out there. We're doing more cleaning than any
private-sectorentity.1feelreally goodabout thnt.' . . . ·. ,,, ... , . . .. :..._ ,·.
THOMAS F. DARDEN : · ..
CHIEf EXECUTIVE OffiCER, CHEROKEE INVESTMENT PARTNERS
headache of dealing with envi-
ronmental regulators, local gov-
ernments and the chance that
the cleanup efforts will drag on
longer and cost more than an-
ticipated.
Cherokee, which has its head-
quarters in Raleigh near Cameron
Village, employs 28 people in-
cluding two in. London, six in
Denver and one in New York.
There are plans to hire a handful
of new emplayees as the new fund
gets under way and the firm ex-
pands its presence in Europe to
look for potential investments
there.
There are few Cherokee in-
vestments in the Triangle, but
the company did put money into
Raleigh's North Hills Mall,
where there are problems with an
old gasoline leak in the parking
lot - a property that Kane Re-
alty of Raleigh i~ planning to ren-
ovate with the help of Cherokee with a first, informal brownfields
funds. deal: $670,000 spent on three
· Darden, 4 7, got his start in contaminated sites in California.
environmental remediation By 1997, Cherokee was making
through his involvement in the investments out of an official ven-:
brick business. In 1984, Darden ture-capital fund, which invested
bought four regional brick com-. about $35 million in polluted
panies that became Cherokee property. .
Sanford Brick. . The second fund, which closed
Darden, who had studied at in August 1999, came in at
the University of North Carolina $250 million. The newest fund,
at Chapel Hill's regional planning which Darden expects to be
school before attending law about $500 million, includes
school at Yale, had an interest in mostly repeat investors such as
enviromnental issues. He started the state· of Washington's pen-
a subsidiary called Cherokee En-sion system, which committed
vironmental Group after cleailing $250 million.
up an oil-contaminated site at a One of Cherokee's more inter-
brick plant west of Sanford. esting sites in the works ~ the
DardenremainedinvolVedwith company currently owns
Cherokee Brick and was its chair-65 worldwide -is 1,200 acres
man when it Was sold in 2000 to south of Giants Stadium in New
an Austrian company. . · Jersey's Meadowlands.
The investment arm of.Chero-Cherokee,. which will.spend
kee began' in November 1993 about$90 million cleaning up the
. . . ~ ' -: i ..
'No one has been down thts road before, so we really didn't ,lmow
·what to expect.' ·
r • -, •• ·• • ,· ••
. . . · MARK STlNNEFORD '
BLUE CROSS SPOKESMAN
version proposal was complete
. and in compliance with the law.
3D
site, has created a subsidiary
company to help with develop-
ment. A short drive from.Man-
hattan, neSi:Ied between the New
Jersey Thmpike and two rail lines,
the chunk of prime real estate is
· slated to become an
upscale golf-course· community
along with a mix of residential,
retail and office space.
Although other specialized COIII-
panies do the occasional deal,
Cherokee is alone in its role as a
sizable venture fund concentrating
on brownfield investment. But
Tony Duque, brownfield project
manager at the N.C. Division of
Waste Management, wonders
whether that's soon to change.
"I think Cherokee is represen-
tative of what will be a growing
trend," Duque said. ·
A gradual loosening of state
· and federal regulations concern-
ing brownfields will serve to
make the sites more attractive
to developers, Duque predicts.
"It's all about education. I think
we will see more of it..
Staff writer Christina Dyrness
can be reached at 829-4649
or [e-mail].
Things are moving ahead else-
where on the conversion front:
Last week, the Department of
Justice announced that state At-
torney General Roy Cooper will
begin interviewing prospects to
serve on the board of the Health
Foundation for North Carolina.
"We app1eciate the depart-
ment's professionalism in this
process and and believe this cour-
tesy review will help us move to-.
ward the next steps in the
f!~c;: " <;l~;n RnhPrl T t;rPr""""
submitted with its initial con-
version filing Jan. 2. The required
rontents of the conversion pro-
posal are described in general
terms in a 1998 state law.
R~Sf'il on that law. rP:(t'IJlators
"We thought we had filed a
complete business plan, but the
statute is really not all that spe-·
cific.• said Mark ·Stinneford, a
Cooper will choose 11 board
members from a list of 22 names
selected by an unpaid advisory
committee representing hospi-
tals, doctors, industry and public
interest groups that culled the fi-
+ '
•
•
• •
State of North Carolina
ROY COOPER
ATIORNEYGENER-\L
Department of Justice
Mr. Kyndel W. Bennett
Cherokee Mooresville, LLC
c/o Cherokee Investment Partners, LLC
702 Oberlin Road, Suite I 50
Raleigh, NC 27605
P. 0. Box 629
RALEIGH
27602-0629
June I I, 2004
Subject: Completion ofBrownfields Agreement
Former Burlington Mills Site
476 South Main Street
Mooresville, Iredell County
Brownfields Project Number: 040 I 7-00-49
Dear Mr. Bennett:
Reply to Robert R. Gelblum
Environmental Division
[phone] ext. 229
Fax[phone]
[e-mail]
. We are very pleased to be bringing the Former Burlington Mills brownfields project to a
successful conclusion. To that end, please find enclosed two originals of the following, in final
form and signed by Linda M. Culpepper, Deputy Director of the Division of Waste Management,
for the North Carolina Department of Environment and Natural Resources:
• the certified Notice ofBrownfields Property for this Property;
the Brown fields Agreement for this Property; and
the approved and certified survey plat for this Property.
Please sign both the Notice ofBrownfields Property (which requires notarization) and the
Brownfields Agreement, and then promptly file the Notice of Brownfields Property, with its
three exhibits (Exhibit A, the Brownfields Agreement; Exhibit B, the survey plat; and Exhibit C,
the legal description of the Property, which is included herewith), at the Iredell County Register
of Deeds' office. (N.C.G.S. § 130A-310.35(b) requires filing within 15 days of Prospective
Developer's receipt ofDENR's approval of the Notice ofBrownfields Property or Prospective
Developer's entry into the Brownfields Agreement, whichever is later.)
The Register of Deeds is required to record the certified copy of the Notice of
;-.·
.'.>-/•.
· .. r··
' •
Mr. Kyndel W. Bennett
June 12, 2004
Page 2 of2
•
Brownfields Property and index it in the grantor index under the names of the owners of the
land, and, if different, also under the name of the Prospective Developer. See N.C.G.S. § 130A-
310.35(c).
Within three days after the Register of Deeds has recorded the Notice of Brownfields
Property, pursuant to the Brownfields Agreement you must furnish DENR a copy of the
documentary portion of that Notice containing a certification by the Register of Deeds as to the
Book and Page numbers where the documentary and plat portions of that Notice are recorded. In
addition, please provide a copy of the plat with notations indicating its recordation. (Please
insure that the Notice's other attachments --a fully executed copy of the Brownfields
Agreement, the legal description, and an 8 1/2" x II" reduced plat map --are attached to the
certified copy of the Notice you furnish DENR.)
Thank you for your attention to these final administrative matters, and also for all your
help during the course of completing the brownfields process on this site.
Yours truly,
:,~d,(,:RRG
Special Deputy Attorney General
Enclosures
ec: Bruce Nicholson, DENR
cc: Project File
Brownfields Project Manager
• • •
MEMO
SUBJECT: PUBLIC NOTICE PIIAS•: OF Till£ NC BROWN FIELDS PROCESS
PROJECT: BURLINGTON MILLS SITE, MOORESVILLE, NC
To: JOHN GALLAGHER, CHEROKEE INVESTMENT PARTNERS, INC.
FROM: TONY DUQUE, NC BROWNFIELDS PROGRAM
DATE: AUGUST 26, 2003
Cherokee Mooresville, LLC, in its capacity as Prospective Developer participating in the NC
Brown fields Program, is required by statute to perform the following tasks in order to implement
the Public Notice phase and enter the public comment period of the NC Brownfields process:
/
V .-1. Submit a request to the Office of Administrative Hearings ("OAH") to have the "Summary of
Notice of Intent to Redevelop a Browniields Property" ("SNI") published in the NC Register.
You must also provide OAH with a diskette containing the SNI (formatted as a MSWord
document). You should contact Ms. Ruby Creech and request her assistance in accomplishing
this important task (Phone: [phone]; Fax: [phone]; E-mail:
[e-mail]). The next tiling deadline for submitting the SNI for publication is
September I 0, 2003. Making that filing deadline will ensure its publication in the October I,
2003 issue of the NC Register. Assuming the other aspects of Public Notice, described below,
have also been accomplished by October I, 2003, the browniields public comment period would
also begin on that date.
J. Arrange to have the SNI published in a newspaper of general circulation serving the area in
which the brownfields Property is located. In order to start the public comment period on
October I, 2003, the publication of the SNI in the newspaper must occur before that date.
{Conspicuously post the SNI at the browniields Property. Placing a copy of the SNI in a clear
plastic sleeve on a placard, and iirmly affixing the placard at eye-level to a stake driven into the
dirt in front of the site next to the street will accomplish this task. This task would also have to
be accomplished by October I, 2003 in order for public comment to begin on that date. Please
arrange for someone in Henderson to periodically check this posting during the public comment
period and to replace it if it is removed.
4. Prepare a sufficient number of copies of the "full Notice of Intent" package to accomplish task
number 5, below. The "full Notice of Intent" is comprised of the live elements listed below.
tch package must contain the following five elements, the iirst three of which have been
ovided to you by this oftice, and arranged, from top to bottom, in this order:
.•J The one-page "Notice of Intent to Redevelop a Browniields Property";
l.4. The draft "Notice of Brownfields Property"; a ~The draft "Brownfields Agreement" labeled as "Exhibit A to NBP"p~
\.4 The draft "Survey Plat" labeled as "Exhibit B to NBP"; and
• The "Legal Description" labeled as "Exhibit C to NBP."
5. Provide a copy of the "full Notice of Intent" package to all local governments (City and
County) having jurisdiction over the browniields Property, and provide an additional copy to the
Mooresville Public Library located at 304 South Main Street, Mooresville, NC 28118, for the
• • •
• •
public's review as specified in the SNI. This task would also have to be accomplished by
October I, 2003 in order for public comment to begin on that date.
Finally, PD must confirm that items I, 2, 3, and 5 above have been completed by providing to
DENR confirmatory documentation indicated below as soon as is possible:
·~. For the placement of the full Nl at local government offices and any other location where the
full NI will be available for public review, preferably provide a letter from each such office
o;:·r location confirming their receipt of the full NI from the PD, but at a minimum provide
copies ofPD's letter of transmittal to each such office or location;
• For the publication of the SNI, preferably provide an affidavit of publication from the
publishing entity, but at a minimum provide a photocopy of the actual SNI as published that
/also indicates the name of the publishing entity and the date of publication; and \7 ~or the posting of the SNI at the Property, provide photographs, one close-up and one more
distant, of the actual SNI as posted at the Property.
If you have any questions about any aspect of these tasks, please contact me by phone at 919-
733-2891 ext. 287, or via e-mail at [e-mail].
Tony Duque
Brown fields Project Manager
Superfund Section
401 Oberlin Road, Suite 150
Raleigh, NC 27605
•
NORTH CAROLINA
REGISTER
Volume 17, Issue 23
Pages 2017-2166
June 2, 2003
This issue contains documents official!)' filed
through May 9, 2003.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
[phone]
FAX [phone]
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
•
IN THIS ISSUE
I. IN ADDITION
ENR-Notice of Intent to Redevelop a Brownfields
Property-Cherokee Mooresville, LLC .................. 20 17
ENR-Notice of Intent to Redevelop a Brownficlds
Property-CMDC Westover No. I 2000, LLC .... 20 18
II. RULE-MAKING PROCEEDINGS
Administration
Council on the Status of Women .. .
State Construction .......................... .
Environment and Natural Resources
.. 2019
. .. 2019
Coastal Resources Commission ... .,....... . ............. 2019-2020
Radiation Protection Commission ......................... 2020-2021
Wildlife Resources Commission.. . .................. 2020
Ill. PROPOSED RULES
Agriculture
Agriculture, Board of-Markets .... . ............. 2022-2025
Environment and Natural Resources
Marine Fisheries Commission................... . ...... 2030-2140
Health and Human Services
Mental Health, Developmental Disabilities
And Substance Abuse Services ......................... 2025-2030
IV. APPROVED RULES.
Agricullure
Veterinary Division
. ................................. 2141-2154
Environment and Natural Resources
Environmental Management
Health Services
Licensing Boards
Geologists, Board of
Refrigeration Examiners, Board of
Secretary of State
General Administration Division
Securities Division
Transportation
Motor Vehicle, Division of
V. RULES REVIEW COMMISSION ......................... 2155-2159
VI. CONTESTED CASE DECISIONS
Index to ALJ Decisions .. . ........................... 2160-2166
For the CUMULATIVE INDEX to the NC Register go to:
http://oahnt.oah.state.nc.us/register/CI.pdf
f!!!~~h Carolina Regisler is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register(ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Regisler, 6714 Mail Service Center, Raleigh, NC 27699-6714.
• • IN ADDITION
This Section contains public notices that are required to be published in the Register or have heen approved by rhe Codifier of
Rules for publication.
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Cherokee Mooresville. LLC
Pursuant to N.C.G.S. 130A-31 0.34, Cherokee Mooresville, LLC has filed with the North Carolina Department of
Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brown fields Property ("Property") in Mooresville,
Iredell County, North Carolina. The Property consists of 39.29 acres and is located at 476 South Main Street. Environmental
contamination exists on the Property in soil and groundwater. Cherokee Mooresville, LLC has committed itself to pursue the
redevelop the property for commercial, industrial, or residential uses. The Notice of Intent to Redevelop a Brown fields Property
includes: (I) a proposed Brownficlds Agreement between DENR and Cherokee Mooresville, LLC, which in turn includes (a) a legal
description of the Property, (b) a map showing the location of the Property, (c) a description of the contaminants involved and their
concentrations in the media of the Property, (d) the abovc.:statcd description of the 'intended future use of the Property, a1d (e)
proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-
31 0.35. The full Notice of Intent to Redevelop a Brownficlds Property may be reviewed at the Mooresville Public Library located at
304 South Main Street, Mooresville, NC 28118 by contacting John Pritchard at 704 660-3272, or at 401 Oberlin Rd., Raleigh, NC
27605 by contacting Scott Ross at that address, at [e-mail], or at [phone], ext. 328. Written public comments
may be submitted to DENR within 60 days after the date this Notice is published in a newspaper of general circulation serving the
area in which the brownfields property is located, or in the North Carolina Register, whichever is later. Written requests for a public
meeting may be submitted to DENR within 30 days after the period for written public comments begins. All such comments and
requests should be addressed as follows:
17:23
Mr. Bruce Nicholson
Head, Special Remediation Branch
Superfund Section
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
NORTH CAROLINA REGISTER
2017
June 2, 2003
• 6Jrl1nodm Hills-~ro~svllle · ol/0/7-CO-Yq
Cherokee Investment Partners II, L.P.
May 30,2003
702 Oberlin Road
Suite 150
Ra\c;gh, NC 27605
[phone]
Regarding: NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Please find attached a series of documents regarding the Brownfield Agreement
associated with our property located at 476 South Main Street in Mooresville. The
property is the fonner Burlington Mill complex, which we have been cleaning up and
rebuilding.
These documents should be kept for the next sixty days and made available in the event
of public inquiry. We are also required to provide them to you as part of the public
comment requirements of the state's brownfield statute.
If you have any questions on this, please feel free to call John Gallagher or Joe Simpson,
with Cherokee Investment Partners at [phone]. Thanks for your assistance on this
matter.
• •
·SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Cherokee Mooresville, LLC
Pursuant to N.C.G.S. § 130A-31 0.34, Cherokee Mooresville, LLC has filed with the
North Carolina Department of Environment and Natural Resources ("DENR") a Notice of Intent
to Redevelop a Brown fields Property ("Property") in Mooresville, Iredell County, North
Carolina. The Property consists of39.29 acres and is located at 476 South Main Street.
Environmental contamination exists on the Property in soil and groundwater. Cherokee
Mooresville, LLC has committed itself to pursue the redevelop the property for commercial,
industrial, or residential uses. The Notice of Intent to Redevelop a Brownfields Property
includes: (I) a proposed Brownfields Agreement between DENR and Cherokee Mooresville,
LLC, which in tum includes (a) a legal description of the Property, (b) a map showing the
location of the Property, (c) a description of the contaminants involved and their concentrations
in the media of the Property, (d) the above-stated description of the intended future use of the
Property, and (e) proposed investigation and remediation; and (2) a proposed Notice of
Brownfields Property prepared in accordance with G.S. 130A-31 0.35. The full Notice of Intent
to Redevelop a Brown fields Property may be reviewed at the Mooresville Public Library located
at 304 South Main Street, Mooresville, NC 28118 by contacting John Pritchard at 704 660-3272,
or at 401 Oberlin Rd., Raleigh, NC 27605 by contacting Scott Ross at that address, at
[e-mail], or at [phone], ext. 328. Written public comments may be
submitted to DENR within 60 days after the date this Notice is published in a newspaper of
general circulation serving the area in which the brown fields property is located, or in the North
Carolina Register, whichever is later. Written requests for a public meeting may be submitted to
DENR within 30 days after the period for written public comments begins. All such comments
and requests should be addressed as follows:
Mr. Bruce Nicholson
Head, Special Remediation Branch
Superfund Section
Division of Waste Management
NC Department of Environment and Natural Resources
40 I Oberlin Road, Suite 150
Raleigh, North Carolina 27605
• •
NOTICE OF INTENT TO REDEVELOP A BROWN FIELDS PROPERTY
North Carolina' Brown fields Property Reuse Act (the Act), North Carolina General Statutes
(N.C.G.S.) Sections 130A-310.30 through 130A-310.40, provides for the safe redevelopment of
properties that may have been or were contaminated by past industrial and commercial activities. One
of the Act's requirements is a Notice of Intent to Redevelop a Brownfields Property (Notice of Intent)
approved by the North Carolina Department of Environment and Natural Resources ( DENR ). See
N.C.G.S. 130A-310.34(a). The Notice of Intent must provide, to the extent known, a legal description of
the location of the brownfields property, a map showing the location of the brownfields property, a
description of the contaminants involved and their concentrations in the media of the browufields
property, a description of the intended future use of the brownfields property, any proposed
investigation and remediation, and a proposed Notice of Brownfields Property prepared in accordance
with N.C.G.S. Section 130A-310.35. A prospective developer who desires to enter into a Brownfields
Agreement with DENR must provide a copy of the Notice of Intent to all local governments having
jurisdiction over the brownfields property. The proposed Notice of Brownlields Property is attached
hereto; the proposed Brownfields Agreement, which is attached to the proposed Notice of Brown fields
Property as Exhibit A, contains the other required elements of the Notice of Intent. Written public
comments may be submitted to DENR within 60 days of the date of this Notice of Intent. Written
requests for a public meeting may be submitted to DENR within 30 days of the date of this Notice of
Intent. All such comments and requests should be addressed as follows:
Mr. Bruce Nicholson
Head, Special Remediation Branch
Superfund Section
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
The effective date of this Notice of Intent is May 9, 2003.
• •
AFFIDAVIT OF JOE HARTSELL SIMPSON
ss: State of North Carolina
County of Wake
City of Raleigh
BEFORE ME, the undersigned Notary, Frances Sturges Morris [name of Notary before whom affidavit is
sworn], on this 11th day of February 2004, personally appeared Joe Hartsell Simpson known to me to be of
lawful age, who being by me first duly sworn, on his oath, deposes and says:
1) My name is Joe Hartsell Simpson.
2) I reside at 108-108 Northbrook Road, Raleigh, North Carolina 27609
3) During the period October 1 2003 through present I posted a Summary of Notice of Intent to Redevelop
a Brownfield Property (SNI) in a clear plastic sleeve on a placard, and firmly affixed the same at eye level to
a stake driven into the dirt next to the street in front of the premises of the Burlington Mills Site at, which is
located at the following address:
4) Exhibit A attach d hereto is a true and accurate depiction of the SN I as it appeared on the site during the
aforementi ed r frame
Joe
108-108 Northbrook Road
Raleigh, North Carolina 27609
Subsc;ibed and sworn to before me, this K // day of February, 2004
[typed name of Notary]
NOTARY PUBLIC
My commission expires: __ _,1_----"'.?$-L...OC"----' 200~ .
~
; •
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tina. Tht ftoperlyocsnmts of3:9.~ao~;~·ii l~tcd at4it\ Soutll~fain Sttt\.~) .
;
...
• •
. '.
To:
• • MOORESV~rffril• un e
Se1ving the Mooresville-South Iredell, Davidson, Cornelius. Huntersville and Lake Norman areas
FAX COVER SHEET
Phone: [phone]
Fax: [phone]
P.O. Box 300, Mooresville, N.C. 28115
Date:
. STATESVILLE RECORD & LANDMARK DATE R~ardm MOORESVILLE TRIBUNE -LAKE NORMAN SHOPPERS
J/ ~HEC • RECEIVED BY f'>r~ , · ¥ ~~-
PlACED BY~ .£lo..11agl..g,A, / ~--~-___ -r_'"'_"--•_1_-_ . o I
SRL ~ MG lNS __ TMC __ _
DISC___ SUB, _ ____,_ ___ COLOR _______ OTHER ___ . __
DATES OF INSERTION..:..· -~to+/+'f..J.{_.,.c~3~----::------NET _3i:::..-lo=o ___ _
SIZE OF AD• ______ TYPE OF AD~( CLQ..._ SAlESMAN_
l0/10 39'1d
nooRESVI~~~Tr i b \ fl e •
Saturating 95% of South Iredell and
Iredell Lake Norman Shoreline
P.O. Box 300 · 147 E. Center Ave.
Mooresville, NC 28115
[phone] • Fax [phone]
SUMMARY OF NOTICE OF
.INTENT TO REDEVElOP A
BROWNAELOS PROPERTY
. Cherokee Mooresville. LLC
. Pursuant to N.C.G.S. /t30A·
310.34, Cherokee Moores-
ville, LLC has filed with the
North Carolina Department . of
Environmental and Natura! Re-
sOurces (DENA) a Notice of In-
tent to Redevelop · a · Brown-
fields Property ('Property") in
Mooresville, . Iredell County,
North Carolina. The ·Property
consists of 39.29 acres and is
located at 476 South Main
Street. Environmental contami-
nation exists on the Property
1n soil and groundwater. Cher-
okee Mooresville, LLC has
committed rtself to pursue to
redevelop the property for
commercial, industrial, or resi-
dential uses. The Notice of In·
tent to Redevelop a Brown-
fields Property includes: {1) a
proposed Brownfileds
Agreement between DENA
and Cherokee Mooresville,
LLC, which in turn includes (a)
a legal description of the Prop·
erty, (b) a map showing the lo-
cation of the Property, {c) a
description of the _ contami·
nants involved end their con·
centrations in the media of
the Property, (d) the above-
stated description of the in-
. tended future use of the Prop-
erty, and (e) proposed investi·
galion and remediation: and
(2) a proposed· Notice of
Brownfields Property prepared
in accordance w1th G.S. 130A·
310.35. The· full Notice of In·
lent to Redevelop a Brown·
fields Property may be review-
ed at the MooresviHe Public LJ.
brary located at 304 South
Main Street, Mooresville, NC ·
28115 by contacting John Piit· ;
chard at 704·660·3272, _or at '
401 Ot:l!lrill!_Jl.d., Ral_e!{lh-NC
27605 by contacting Scott
Ross at that address, at scot·
[e-mail], or at
(919)733·2801, ex1. 328. Writ·
ten public comments may be
submitted to DENA within 60
days after the date this Notice
is published in a "newspaper of
general circulation salVing the
area in which the brownfields
property is located, or in the
North Carolina Register, which·
ever is later, Written requests
for a publiC meeting may be
submitted to DENA within 30
days after the period for writ·
ten public comments begins.
All such comments ar.d re-
quests should be addressed as follows:
Mr. Bruce Nicholson
Head, Special Remediation Branch
Supertund Section
Division of Waste
Manageme11t
NC Department of , Environ-
ment and Natural Resources
401 Oberlin Road, Su~e 150
Raleigh, Norlh Carolina
27605
NORTH CAROLINA
IREDELL COUNTY
AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State,
duly commissioned, qualified and authorized by law to administer
oaths, personally appeared .
.................... KD.-:-:-:; .......... A.u.~.IJ ............. who being first
duly sworn, deposes and says: that het®s the ............................... .
Leaal Ad Clerk .. .......... ::...................................................... of a Mema General
Newspaper of Mooresville, Inc., engaged in the publication of a news-
paper known as the Mooresville Tribune, published, issued, and
entered as second class mail in the Town of Mooresville, in said
County and State; that he/she is authorized to make this affidavit and
sworn statement; that the notice or other legal advertisement, a true
copy of which is attached hereto, was published in the The Mooresville
Tribune on the following dates:
................................. \q./:f. ... f.~ .................................................... .
and that the said newspaper in which such notice, paper, document or
legal advertisement was published was, at the time of each and every
such publication, a newspaper meeting all of the requirements and
qualifications of Section 1·597 of the General Statues of North
Carolina and was a qualified newspaper within the meaning of Section
1-597 of the General Statues of North Carolina.
This ..... \1-.~ ...... day of ···~-~ ......................... ,20 .. 9.:~ .... . y GENE;A~~SPAPERS OF MOORESVILLE, INC.
lj~···················~·-···········································
..................... 1:!.9.~.1 .. ~~--9.~~~-~---·· ..................... ·················· ................ .
title
Sworn to 4:.bscribed before me, this .. '!.."'!:. ................................ .
day of uL········;;s.·······························20 ... 0..J.. ...... . ····························································~····················
Notary Public
M C . . . y omm1Ss1on exp1res: ...................................................................... .
• • • •
., .-He plotlllot ........ w. ~ • '""' ilo 0 flood ._.. -., ....... "--'-.... ..... ...
_........_ ,.... -~4 CIXI5 ,t, .,..,.... ...... ' -p~~ ... U.S. ~ ~ ., HowMt .... u.-. .,.,.,..._. f"~ ..__ '!do *dolt ..... [.xt -~ ,... f!l FUlOO CER11FlCAT101t
e............,...,_.......,--......_ (')
J '-L---------------------------~~~.,~~---------.11 c -y 115 ?ii SOl/lH JM/N Sl1i'£ET
-----FOR THE PURPOSES OF N.C.G.S. 130A-310.JO, et seq.
DEXTER R. MATTHEWS. DIRECTOR
DYSON OF WASTE ~
NORTH CAROUNA
"""'COUNTY
I, A NOTARY PUBUC OF SAID COUNTY NolO STAlE. DO HEREBY CERTlFY THAT DEXTER R. MATTHEWS
00 PERSOtW.lY N'PEAR NolO SIGN BEFORE ME THIS THE __ Do\Y Of 200 __ .
NOTARY PIJ8UC
MY COWWISSION EXPIRES ------
FIEf Ek£HC£S:
SMA.[ I..OCAnoN MAP FOR RJRWER EASJERN UST II£A CHEJDCEE-WOQRESI4.1.£ SI1E BY 1110-ARNmC ASSOCI'-lES,
PA IYJtD WltOt, 2002 (OWG.. NO:. 2..1}.
~smar ....,
"'I
~
~ l ...
IMW-10
et-3
38.304 ACRES
""'' ea-t
WW-4S
0
MW-3
SMA.£ L.CICATION MAP FOR Ft1RMER MS1'£RN 'MSll: 01.. UST ~-YOORESYU£ SITE 8'1' ~ ASSOOATES. p .A. ~ltD w.RO\ 2002 (OWG. NO: 2.2).
SlMriiJR'f OF l.A80fWOR't RESULlS--GROUNDWoQ'E SHR£ MAP ~-~ Sll[ 8'1' ..,.... .... n.ANliC ASS()(».TES,
PA DATtO NCI'f'D&A 2001, ~ NO: 5.3}.
0 MW-10
-.:.) \,_ ~ Slli'ffT IF;:===: '-==-------::::: -......... Ill ll~r r~ ww-11 ec-1 0 SI..M&IIfn' OF U80fWtiR'I' RESULTS-SOL SMoiPt.£ IIW' ~-WOORESW..LE SI1E BT --..nNmC ASSOOATES.
P.A. ~».ltD MCNOIBER 2001, (DWG.. NO: 5.1).
SAMPLE LOCATIONS CHART
Soil contaminants (in milligrams per kibgram, which is
equMJtent to ports per million, or ppm) include:
Contaminant Sample location Woximum
Concentration
Antimony C-1 8.0
Nsenic Q-1 8.4
ChromMn L-3 58
Groundwater contaminants (in micrograms per liter,
which js equivalent to parts per biJr10n, or ppb) include:
Contaminant
Chloroform
1,1-0ichloraethene
T etroct>k>methene
Nsenic
Codmium
Chromium
Lead
Nickel
LEGENO
0MW-1
II!MW-Id
ee-1
(j)
-Maximum Sample Location Concentration
MW-Bi 18
W-10 9.7
MW-8 41
MW-1 58
MW-4s 18
MW-4 95
MW-3/MW-7 120
MW-11 100
MONITORING WELL LOCATlON
OEEP (TYPE Ul) IWNITORING WELL LOCATION
SOIL BORING LOCATION
PROPERTY OWNER 1.0. NUMBER
PROPOnY BOUNDARY
~ .., ~ ~
IONA A. POTTS
313-347 .....__.
@ ~CNIOL B. LYLES
2 I REY1SED EIDINf1ElDS PlAT I CQI
0 --_..., ..... ....__..,... -BROWNf1EI.DS PlAT
FOR
""" cor Jo!/tll'ln
•
CHEROKEE MOORESVILLE. LLC
FQRW£RLY
c="""=~BURUNGTUN~~ FABRJCS, INC.
PLANT i1100RESVU.E
LOCA nON o:au. a&ll :uw s • 'GE'. ccum-fiCiml ow:a.-
DEID AU: 12Ql-11t43
t 833-562
-JAWES L MORROW
950-1766
1TTLEBLOCK INFORMATION FROM
G.V. GRANT DRAWING
"'07
,(1 ... s:~~-.:' ~
-j
.~l ~~ ~~
>. l
MOORESVILlE
MILLS VILLAGE @tit JOHN B. SIIITH sn-422 ·~ @ tARRY S. MORROW
1056-1126 ~
-FRANCES 0. WOYLE t-' ~ 963-1381
Q)G
IU.RVIN H. WHITLOW 952-359 ~/\~-E.L NELSON / 3 ~ 813-&<5
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SOIL BORING AND l.AONrTORING WEU
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Cherokee Investment Partners II, L.P.
·March 26, 2002
Mr. Tony Duque
Brownfields Project Manager
Division of Waste Management
APr1 -
North Carolina Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27699-1646
Re: Cherokee Mooresville-Comments on the Draft Brownfield Agreement
Dear Mr. Duque:
702 Oberlin Road
Suite 150
Raleigh, NC 27605
[phone]
Thank you for providing the draft Brownfield Agreement for the Cherokee Mooresville site for our
review. Please find enclosed a marked up version of the agreement that provides our suggested changes.
Provided below is an explanation of the more important changes we are requesting.
Comments
• The entity that owns the property and completing the redevelopment is Cherokee Mooresville, LLC,
not Cherokee Investment Partners. We can amend our letter of intent to reflect this if needed.
We suggest deleting text throughout the document that is not needed to establish the actions to assure
the safe reuse of the site. This would include, for example, information about Cherokee Investment
Partners and overly detailed descriptions of the intended site reuse.
• In light of the limited contamination, we believe that redevelopment of the site should be unrestricted
{ and could include residential, commercial or industrial uses.
• We suggest that the summary of site contamination levels be moved from section IV. BENEFIT TO
COMMUNITY to section III. FINDJNGS OF FACT.
• In section V. WORK TO BE PERFORMED, the use of chloroform, I ,2-dichoroethene and
tetrachloroethene in excess of de minimus amounts is prohibited. We suggest that this be deleted. We
believe that the use of these materials, or any other chemicals and hazardous substances for that
matter, should be governed by the host of environmental and safety standards that apply regardless of
the brownfield agreement.
I I
I • I
Comments on the Mooresville Brownfield Agreement • Page 2
• In section V. WORK TO BE PERFORMED, the owner(s) of the property are required to provide an
annual update certifying that the land use restrictions set forth in the agreement are being complied
with. This is extremely problematic --the imposition of reporting requirements on subsequent site
owners could jeopardize our ability to redevelop and eventually sell the property.
Because this is an important point, we conducted a review of other well-established state brownfield
cleanup programs, including those in Massachusetts, California and Illinois, to determine how they •
ensure compliance with land use restrictions. None of these states require annual reporting. Instead, '
0, restrictions due to environmental considerations are recorded in the real-property records like any
other instrument affecting title. In each state, as in North Carolina, the regulators are given the right tc
enter the property to inspect to ensure com liance, but there is no self-reporting obligation. /_-#!. 1
w•wt?f. .,.L """"'"S ra:ft..l.t. <:lid wj{.t....::/ 'firtH< s..,J;,...MA ~jllt~f~"~t-~
• In section V. WORK TO BE PERFORMED, references are made to conducting remediation, if •
needed, in accordance with the Guidelines of the Inactive Hazardous Sites Branch. As we discussed,
these guidelines give the assessment and cleanup standards and procedural requirements that apply to
inactive hazardous sites, which typically are highly contaminated, serious problems. Taken literally,
the requirement to follow these guidelines could have unintended consequences --any contamination,
regardless of how minor, could be subject to the extensive work plans, quality assurance and
reporting and public participation requirements of the inactive hazardous sites program. Moreover,
certain types of contamination, for example, a release from a UST, should be addressed by the UST
program guidelines and not under the inactive hazardous sites program.
We suggest that references to the Guidelines of the Inactive Hazardous Sites Branch be replaced with
(a more general obligation to meet applicable DENR guid.elines. )-wk.t.l:.l-1., t{ ,,oto. s;.1 c~
• We suggest that the brownfield agreement itself not be made an exhibit to the Notice ofBrownfields
Property filed with the Iredell Register of Deeds. The agreement includes a number of obligations tha
are unrelated to the land use restrictions that could have unintended consequences if it were to
become part of the property's chain-of-title. We believe that only the land use restrictions themselves,
in our case focusing on prohibiting groundwater use, should be filed with the deed.
Again, thanlc you for all the assistance. Please feel free to contact me after you have had an opportunity to
review the marked up agreement and our comments.
Sincerely,
:11;;;:tr--
Engineering Manager
cc: Cherokee Mooresville Asset Management File
Stephen C. Cadwallader, Cherokee
John A. McLendon, Schell Bray Aycock Abel & Livingston P.L.L.C.
• •
DENR's COMMENTS AND RATIONALE FOR DENR's CHANGES, BURLINGTON BFA
Introduction, I" paragraph-PD's proposed change ofPD to "Cherokee Mooresville, LLC" is
accepted subject to DENR's receipt and approval of I) PD's request to amend LOI, accordingly,
and 2) the requisite, notarized affidavit signed by the new PD.
Introduction, 2"d paragraph-PD's proposed change in use is accepted subject to DENR's
receipt and approval ofPD's request to amend the LOI, accordingly.
Paragraph 3-PD's proposed use change is accepted subject to same receipt/approval as above.
Paragraph 4-PD's proposed replacement of"representations" with "information provided" is
rejected because the information provided by PD represents an account of the prior and current
use of the Property that PD purports to be an accurate account. In addition, the relationship
between these representations and the information on which they are based is established in the
second sentence of the paragraph.
PD's proposed deletion of reference to PD's Letter oflntent as a source of information is
rejected because information in the LOI comprises part of the account PD has provided.
Paragraph 5-PD's proposed insertion of the word "limited" is rejected because that term begs
a definition, which has not been proposed and which would be difficult to create/construct.
Paragraph 9.c. -DENR feels the work conducted voluntarily by PD to address and resolve site
UST issues is a bona fide public benefit of the site's redevelopment and should be retained as
evidence thereof in theBF A.
Paragraph IO.a.v.-PD's proposal to delete prohibitions regarding the use of contaminants
known to exist on the Property is rejected because DENR can not risk providing liability
protection to PD (and a potential host of other entities down the road) concerning those
contaminants only to be faced with trying to identify who was responsible for and what was the
source of any observed increase in their presence at the Property in the future. However, DENR
has amended the language to allow the use of these compounds subject to prior DENR approval.
Such approval would be based on DENR's review of a request to use one or more of these
compounds, and a description of the conditions of their use that was sufficiently compelling to
DENR that the conditions provide adequate protective measures (spill control, monitoring, etc.)
to make their use acceptable.
Paragraph IO.a.vi.-PD's proposal to delete this subparagraph requiring the annual LUR
Update is rejected because DENR feels it has an obligation to periodically confirm that measures
put in place via the Agreement to provide for the full protection of public health and the
environment remain in place and are being complied with. After the Agreement is signed and
implemented, this simple letter is the only contact DENR is likely to have with PD or future
owners regarding the Property. Unlike many other state brownfields programs, although the
Agreement gives it the right to do so, the NC program does not have the resources to enter the
property to inspect and ensure compliance with the terms of the Agreement. DENR feels that the
• •
minor inconvenience involved in an owner preparing and submitting a notarized one-page letter
annually is a practical, efficient, and effective method for DENR to obtain the confirmation of
compliance it needs.
Paragraph 1 O.d. -Given that no on-going groundwater monitoring is contemplated by this
Agreement or, to either party's knowledge, by any other DENR agency, in order to close
potential exposure pathways, it will be required that all groundwater monitoring wells or other
points of access to groundwater be properly closed/abandoned.
Paragraph 1 O.e. -Until the requested closure and NFA letter are provided to the Brownfields
Program, it is appropriate that this Paragraph remain in the Agreement. However, as requested,
we have changed the last sentence to read," .... compliance with all applicable UST laws."
Paragraph 10.g. and h.-PD's proposal to delete these subparagraphs is rejected because the
brownfields statute requires, where applicable, ·a statement of the guidelines, including
parameters, principles, and policies within which the desired results of the redevelopment (the
safe reuse of the Property) are to be accomplished, and a statement of the consequences of
achieving or not achieving the desired results. As long as its terms are met, the Agreement will
take precedence over any other DENR agency's enforcement capabilities, including those ofthe
IHSB, insofar as PD's cleanup liability for the known site contaminants is concerned. The fact
that very little is being asked or expected ofPD at this property under this Agreement is spelled
out very clearly. The IHSB guidelines are referenced only so that there is a framework of
guidance, as opposed to rule or statute, in the event real work was required at the site in the
future (e.g. as a result of a re-opener having been triggered).
Paragraph 13-PD's proposal that the Agreement itself not be made an exhibit to the Notice of
Brownfields Property is rejected. It has long since been decided (way before I came into the
Program) that this is the administrative manner in which the brownfields documents will be
assembled and presented for recordation. Additionally, the Agreement is a contract that stands
on its own regardless of what it is attached to. It is attached to the NBP for reference purposes
only, and serves in that capacity to add information about the Property so that anyone becoming
aware of the NBP and who takes the time to read the NBP's exhibits will have a more complete
understanding of the Property in the context of its redevelopment under the brownfields statute.
Paragraph 14-PD's proposal to delete "assignees, successors in interest" from and to add "its"
to the first sentence is accepted. For clarification, a reference to the paragraph in which the
access and cooperation is described has been added to the end of the first sentence. PD's
proposal to add "by Prospective Developer" to the second sentence is also accepted.
Paragraph 16-PD's proposal to delete certification of use reference is rejected because any
change in land use from that intended by PD triggers the need to re-evaluate the level of risk to
public health or the environment, as addressed in statute. The intended land use has been
changed to reflect uses disclosed in the znd paragraph of the Introduction, subject to tqe same
receipt and approval ofPD's request to amend the LOI, accordingly.
• •
Paragraph 17.h.-Subparagraph has been modified to include both statutory and Agreement
references to filing the Notice ofBrownfields Property. ·
Paragraph 21-PD's proposed changes are accepted and have been incorporated.
Paragraph 24-PD's proposed deletion of the bulk of the paragraph is rejected. The paragraph
has been modified to bind PD to the terms and conditions and receive benefits of the Agreement
in the event PD assigns or transfers the Property or an interest therein, unless DENR and PD
agree otherwise and so modify the Agreement. The last sentence has been modified to require
PD to provide DENR with contact information for PD's assignees/transferees.
Paragraph 26-Most ofPD's proposed changes are rejected because they make PD the arbiter
regarding which or whether documents, reports, etc. pertaining to the Property are related to
environmental conditions or redevelopment activities.
• • Cherokee Investment Partners IT, L.P.
July 6, 2001
Mr. Tony Duque
Brownfields Project Manager
Division of Waste Management
North Carolina Department of Environment and Natural Resources
40 I Oberlin Road, Suite !50
Raleigh, North Carolina 27699-1646
Re: Cherokee Mooresville-Legal Description of the Property
Dear Mr. Duque:
702 Oberlin Road
Suite 150
Raleigh, NC 27605 •.
[phone]
[phone] (Fax)
As you requested, please find attached the legal description of the former Burlington Mills site in
Mooresville, North Carolina. Also, we are progressing on the site assessment of the property and
will have results to share with you shortly.
We are looking forward to entering into the Brownfields program and moving the site forward.
Sincerely,
~~~0-
Engineering Manager
FROM :SCHELL BR~Y ~YCOC~ •
This document prepared by:
BURLINGTON INDUSTRIES, INC
LEGAL DEPARTMENT
·• ~(Y\U.C. fl J.SCD. (!!]
STATE OF NORm CAROLINA
COUNTY OF IREDELL -
ass? P.02/05
~1'+~
TAX I. D. No.: 4656-99-0304 & 4659-98-4434
RE1URN TO/GRANTEE'S ADDRESS:
702 Oberlin Road, Suite 150
Raleigh, NC 27605 BOOK 1265
PAGES 553 -557._
frodell Coun~y, NC
Reaarded 86/81/2081 82:34:'8 CORPORATION SPECIAL WARRANTY DEEDN• 9868-88865273 1 of s par.• Excuo Tax: . $1,586.011 erenda D. Bell, Regi&ter of Doedo
TMIS DEED, made this the 1" day ofJune, 2001, by and between, BURLINGTON FABRICS
INC., a Delaware corporation with corporate offices at 3330 West Friendly Avenue, Greensboro, North
Carolina 27410 ("Grantor"), and CBER.OKEE INVESTMENT PARTNERS ll, L.P., a Delaware
Limited Partnership with offices at 702 Oberlin Road, Suite 150, Raleigh, Wake County, North Carolina
27605 ("Grantee").
(The desigDatlon Gmntor ;md Grantee as used herein shall include said p;1rties, their heirs, executors, administrators,
successors and assigns, and shall include singulur, plur:~, masculine, feminine or neuter. as required by context)
....
WITNESSETH:
--mAT THE GRANTOR, for and in consideration of the swn of Ten ($10.00) dollars and
other good and valuable consideration to it in band paid by the Grantee, the receipt whereof is hereby
acknowledged, bus granted, bargained, sold and conveyed, and by these presents does whereby grant,
bargain, sell, convey and confirm unto the Grantee, their successors and assigns, with Special Warranty
of Title all of the following described tract of land with all improvements thereon appurtenant to the
tract situated in Coddle Creek Township in the Town of Mooresville, County of Iredell and State of
. North Carolina, and bounded and further described as follows:
(All recorded documents referenced in tbls description are found in the Of!lcc oftbe Register of Deeds for Iredell County)
BEGINNING at an unmarked point, being the point of intersection of the· South right-of-way
line of South Main Street and the East right-of-way line of East Brawley Avenue; thence with
the South right-of-way line of South Main Street the following three (3) courses and distances:
(1) N 45-311-38 E 1,154.69 feet to an unmarked point; thence (2) S 44-23-53 E 2.. 71 feet to an
iron pin set; thence (3) N 45-18-14 E 571.31 feet to an unmarked point at the intersection of the
South right-of-way line of South Main Street and the West right-of-way line of College Street,
said point being located S 08-51-37 E 31.80 feet from a PK nail set in the intersection of the
WINSTON 101416:3¥1 I -
FROM :SCHELL BR~Y ~YCOCK • 336 370 8830 09:29 USB? P.03/06
••
-
--
centerlines of Soutb.Main Street and College Street, said PK ruill being located S 30-50-44 W
118.41 feet from North Carolina Geodetic Survey concrete monument "QUICK" which has
coordinates of North= 670,363.213 feet and East= 1,459,360:730 feet; thence with the West
right-of-way line of College Street S 43-33-41 E 524.57 feet to an unmarked point at the
intersection of the West right-of-way line of College Street and the North right-of-way line of
South Church Street, said point being located N 87-37-10 W 29.86 feet from a PK ruill set in
the intersection of the centerlines of College Street and South Church Street; thence with the
North right-of-way line of South Church Street S 45-07-11 W 184.51 feet to an unmarked
point at the intersection of the North right-of-way line of South Church Street and the West
right-of-way line of a 20 feet wide alley !mown as Pond Street in the Mooresville Mills Village
as recorded in Plat Book 4 at Page 29G; thence with the West right-of-way line of the said alley
known as Pond Street S 43-11-08 E 461.61 feet to an iron pin set in the rear line of Lot 14 in
the Mooresville Mills Village as recorded in Plat Book 4 at Page 29G, said Lot 14 being the
property ofDwane S. Garris as described in Deed Book 1042 at Page 709; thence with the West
lines of Lots 14, 15, 16, 17, and 18 in the Mooresville Mills VillageS 10-11-51 W 311.66 feet
to an existing concrete monument, the southwest corner of Lot 18 and the northwest comer of
Lot 19 in the Mooresville Mills Village, said concrete monument. being located N 80-37-10 W
123.11 feet from an existing iron pin on the West right-of-way line of College Street; thence
with the West line of Lot 19 in the Mooresville Mills Village S 09-09-14 E 67.48 feet to an
existing concrete monument, said concrete monument being the southwest corner of Lot 19 and
the northwest comer of Lot 20 in the Mooresville Mills Village, said Lot 19 being the property
of Cammar Enterprises, Inc. as described in Deed Book 862 at Page 813; thence with the South
line of Lot 19 and the North line of Lot 20 as recorded in Plat Book 4 at Page 29G S 80-37-10
E 106.30 feet to an iron pin set on the West right-of-way line of College Street, said iron pin
being the southeast corner of Lot 19 and the northeast corner of Lot 20 as recorded in Plat
Book 4 at Page 29G; thence with the West right-of-way,line of College Street S 06-l0-06 W
66.71 feet to an existing iron pin, a control corner and the southeast corner of Lot 20 as
·recorded in Plat Book 4 at Page 29G; thence S 83-10-32 E 4.31 feet to an unmarked point at
the back of the West curb on College Street; thence with the West curb of College Street
S 06-49-35 W 194.80 feet to an unmarked point on the West curb of College Street; thence
continuing with the West and North t;urb of College Street a curve to the right that has the
following elements: curve length of 138.08 feet, radius of 132.00 feet, delta of 59-56-00 and a
tangent length of76.11 feet and a chord bearing and distance of S 36-47-35 W 131.87 feet to
an unmarked point on the North curb of College Street; thence continuing with the North curb
of College StreetS 66-45-35 W 151.67 feet to an unmarked point on the North curb of College
Street; thence leaving the North curb of College Street N 30-35-02 W 13.90 feet to an elristing
concrete monument the southeast comer of Lot I in the Mooresville Mills Village as recorded in
Plat Book 4 ·at Page 29G; thence with the South liric ofLot 1 in the Mooresville Mills Village as
recorded in Plat Book4 at Page 290 S 63-17-34 W 150.59 feet to an unmarked point the
southwest comer of Lot 1 in the Mooresville Mills Village as recorded in Plat Book 4 at Page
29G in the North right-of-way line of College Street and the East right-of-way line of East
Mills Avenue, said point being located N 09-47-30 E 25.24 feet froni a PK nail set in the
intersection of the centerlines of College Street and East Mills Avenue; thence with the East
WINSTON 1014183v1 2
FROM :SCHELL BR~Y ~YCOCK • 336 370 8830 09130 ~587 P.04/06
-
right-of-way line of East Mills Avenue N 18-09-01 W 81.00 feet to an iron pin set the
northwest comer of Lot l and the southwest comer of Lot 2 in the Mooresville Mills Village
as recorded in Plat Book 4 at Page 29G, said Lot 2 being the property of James L. Morrow as
described in Deed Book 950 at Page 1766; thence with the South line of Lot 2 N 71-50-59 E
136.00 feet to an iron pin set the northeast corner of Lot I and the southeast comer of Lot 2 in
the Mooresville Mills Village as recorded in Plat Book 4 at Page 29G; thence with the East lines
of Lots 2, 3, and 4 in the Mooresville Mills Village as recorded in Plat Book 4 at Page 29G N
30-35-02 W 237.20 feet to an iron pin set a comer of Lot 4, said Lot 4 being the property of
Iona A Potts as described in Deed Book 313 at Page 347; thence continuing with the line of Lot
4 S 59-15-00 W 9.60 feet to an iron pin set a comer of Lot 4; thence with the East lines of Lots
4, 5, and 6 in the Mooresville Mills Village as recorded in Plat Book 4 at Pagto 29G N 24-43-51
W 152.26 feet to an iron pin set a comer of Lot 6 in the Mooresville Mills Village as recorded
in Plat Book 4 at Page 29G, said Lot 6 being the property of Mabel B. Wright as described in
Deed Book 252 at page 46; thence continuing with the East line of Lot 6 N 60-39-03 W 91.00
feet to an existing concrete monument, the North comer ofLot 6 in the East right-of-way line of
East Mills Avenue in the Mooresville Mills Village as recorded in Plat Book 4 at Page 29G;
thence with the East right-of-way line of East Mills Avenue N 18-30-11 W 44.50 feet to an
unmarked. point at the intersection of the East right-of-way line of East Mills Avenue and the
North right-ofcway line of Summer Street in the Mooresville Mills Village as recorded in Plat
Book 4 at P!~Se 29G; thence with the North right-of-way line of Summer Street the following
two (2) courses and distances: (I) S 81-18-29· W 116.17 feet to an unmarked point on the
North right-of-way line of Summer Street, and (2) S 50-08-45 W 765.31 feet to an e1risting
railroad spike at the intersection of the North right-of-way line of Summer Street and the East
right-of-way line of East Brawley Avenue, said railroad spike being located N 07-56-56 E 28.59
feet from. a PK nail set at the intersection of the centerlines of Summer Street and East Brawley
Avenue; thenee with the East right-of-way line of East Brawley Avenue the following three (3)
courses and distances: (1) N 41-43-11 W 256.50 feet to an unmarked point at the intersection
of the East right-of-way line of East Brawley Avenue and the South right-of-way line of Spruce
Street eXtended, (2) N 47-29-10 W 40.04 feet to an iron pin set at the intersection of the East
right-of-way line of East Brawley Avenue and the North right-of-way line of Spruce Street
extended, and (3) N 41-54-42 W 398.28 feet to the point and place of BEGINNING containing
38.304 acres. Shown as described on that certain survey milp dated December 05, 2000, entitled
"2000 ALTA/ ACSM Survey for Burlington Industries, Inc. -Mooresville Plant, Coddle Creek
Township, Iredell County, North Carolina" by Gerald V. Grant & Associates-Gerald V. Grant
NC PLS #L-1593, 115 South Center Street, Statesville, NC 28687.
:':'' .
BEING all of PARCEL. 1-PLANT· SITE as described in a deed from Burlington Industries, Inc. to . .
Burlington Fabrics Inc. dated September 3, 1987, and recorded in Deed Book 754 at Page 735, which
• includes all of Lot l in the Mooresville Mills Village as recorded in Plat Book 4 at Page 29G, and as
3 WINSTON 1014163111
FROM :sCHELL BR~Y ~YCOCK • 336 370 8830 09130 Q587 P.05/06
• described in a deed from W. H. Westmoreland and wife, Elizabeth G. Westmoreland to Burlington ..__
Industries, Inc. dated September 1, 1959, and recorded in Deed Book 321 at page 524.
The above-described tract is conveyed in such "as is" condition as the tracts may be in at the time of
conveyance, and also subject to (i) all covenants, restrictions and easements of record; (ii) all
rights-of-way and easements for streets and utilities applicable to the described property; (iii) all
easements or encuptbranccs apparent from a visual inspection of the described property; (iv) :z:oning
ordinances, building restrictions and other land use restrictions of the State of North Carolina, County
of Iredell and City ofMooresville; (v) any covenants, restrictions and easements ofrecord.that do not
materially adversely affect the full use and enjoyment of the descnbed property for the purposes for
which it is currently used or materially detract from its value; (vi) imperfections of title and
encumbrances, if any, which, in the aggregate, are not material, do not materially detract from the
marketability or value of the descnbed property, or which would not materially impair the operations of
• the owner thereof, including encroaclunents of any improvements thereon onto the real property of
others; and (vii) liens for taxes or assessments, both general and special, not yet due llDd payable_ --
TO HAVE AND TO HOLD the aforesaid tract of land, together with all privileges and
appurtenances thereunto belonging or in any wise appertaining unto the Grantee, its successors and
assigns, in fee simple forever.
AN.D the said Grantor for itself, its Successors and Allsigns does by these presents covenant
·with the said Grantee, their Successors and Assigns, that the said Grantor has done nothing to impair
such title as Grantor received,· and Grantor will warrant and defend the title against the lawful claims of
.. all persons claiming by, under or through Grantor, irs Successors and Assigns . • .-.
-
. WINSTON 1014183)(1 4
·~ . .., • 336 37121 993121 1219:31 ~597 P.06/~6 FROM :SCHELL BR~Y ~YCOC~
IN .WIT,NESS WHEREOF, by authority duly given and as the act of the Corporation, the ·-. ·' .• ;;~· ." . -..
unde.rsigqed oJ;licers: have executed this instrument on behalf of the Corporation, as authorized by its
_,;_... . . .
By: . , ... , . ··.···~
Title: st;';c~
.~
********
STATE OF NORTH CAROLINA
...COUNTY OF GUILFORD .
. ·· .. i, am. uvil~ , a Notary Public, do hereby certify that Russell M.
Robinson Ill personally canie b re me this day and acknowledged that he is Aesi&taFit
Secretary of Burlington Fabrics Inc., and that by authority duly given and as the act of the
CorJ)oratiQn, the foregoing instrument was signed in its name by its Senior Vice President,
sealed with its corporate seal and attested by him as its ,4,ssistaRt Secretary. Witness my
. . . . · , seal, this 1 at day of June, 2001.
0
j (./ . ·
Nota·ry Public
1-3 -os
********
..........
·-
s
WINSTON 1014163V1
By.
VA H. HERRING
NOTARY PUBLIC
GUILFORD CO"NTY, NC
J:ommlssicn E><plros /• .!1-<)5
I •
' •
DEC. 6. 200! II 48AM CHEROKEE !NV PARTNERS 021
Sterle of North Caroli. "" Department of Environment. ~ · Health and Natural Resources ;
Mooresville Regional Office '2, --
Jul 17, !996
. . I
Dear Underground Storage Tank Owner/Ope tor;
The Generr.l Asserobly ofNort1 Ca:wlina i.o. duced 1egisi~tiou during the 1995 Short Session to
address the continued solvency of the Leakin Pet:roleurn.Vnderground Sto.age Tank Cleanup
Funds .. The Underground Storage Tank (US i Senate Biil 1317 (SB 1317) was ra~ified on June
21. 1996. SB .1317 requires the Department fEnvirocmeo,~ Health, and Natural Resources
(Department) to rank all UST -~lated con ' tion inci4cnts accord.in.g to the Department's
revised Site Priority RanlciDg Sy~m "'bich assifies sites e.s: A, B (highest priority), C, D orE
(lowe.r pri9rity). F~er, SB 1317 requires Department to notify the UST owner, operator
a.ndlor other responsible party (RP), as ·applic hie, of the ~g of their site. Please find below
a sta~ement notifying yell of the priority g the Depaiiment has assignee to your site.
I
Y . b b . d . 'ty l. f our SJte a~ een asngne a pnon ran g s~ore o :
-Site:BUR~INGTON I~LS
Incident #! 0817 Coun~Yi IR
Rank: £
!
I
SB 1317 temporarily suspends !he requireme It to cleanup. a disc~arge or release from a .
pel!oleum UST for lower priority sites (i.e., ose rajlked C, Dot E). This legislation is effective
July 21, 1996. Therefore, costs for site asses ent or oorrective actions at C, D orE sites which
are iDcurred aft~ July 21, 1996, will not be bursed from either the Commercial or
p 2
•• Ql9 Norm Moln srreet. FM'~
~oorenv\[18, Norm CorOIIr>e 28115
Voice 70.-66:>-1699
N.1 Eq,.~~l OpporrurifYI.A~ffi[11'101T'Ia ."'cilor Employer
~ racvCj9(l/10'4 p¢>1-<::M"-'1"1"1 DdPEII
• • Cherokee Investment Partners IT, L.P.
November 13, 2001 ljr
I • \ '
I
Mr. Tony Duque I~'-' I
Brownfields Project Manager 1
Division of Waste Management / r .
North Carolina Department of Environment and Natural Resources
40 I Oberlin Road, Suite 150
Raleigh, North Carolina 27699-1646
~~ ~
. ,, 702 Oberlin Road
Suite !50
,L)N
Raleigh, NC 27605
[phone]
[phone] (Fax)
Re: Cherokee Mooresville-Environmental Site Assessment and Remedial Action Plan
Dear Mr. Duque:
Please find enclosed the site assessment report for the former Burlington Mills site that we completed to
support site redevelopment under the Brownfield Program. The comprehensive assessment included soil
and groundwater sampling across the site with special attention paid to the areas where hazardous
materials and petroleum products were used. The assessment also included an evaluation of the sensitive
receptors in and around the former mill, and our recommendations on cleanup measures.
In a majority of both the soil and groundwater samples, we found no contamination. Soil contamination
that we believe needs to be addressed was limited to oil staining around some old transformer areas. Low
levels of chlorinated solvents were detected in some groundwater samples, but we believe this will not
pose a threat. Also, a copy of this assessment report and a separate request for No Further Action was
submitted to the UST Section in Mooresville to close a historic outstanding UST incident.
Our recommendations with regard to cleanup measures to make the site safe for reuse are fairly limited
and include the following:
• The remaining coal at the site, the oil/water mixture in the hydraulic jack casings, cooling water
towers and any sludge in wastewater tanks, basins or process lines will either be removed or
decontaminated as necessary during site demolition and renovation.
• The existing pad and pole-mounted transformers will be removed and the soil contamination in
and around the substations will be excavated and disposed.
• The low levels of chlorinated solvent contamination in groundwater will be allowed to naturally
attenuate as there are no drinking water wells in and around the site and there are no present or
expected future impacts to surface water receptors.
Thanks in advance for you help.
Sincerely,
ft-ML ~r!v ~ : -~IJE ~
L . -
SUPFFFUllD SECTION ---·-w-----·--
,,
i
. ' •
•
•
Cherokee Mooresville
Summary of Environmental Conditions
and Remedial Action Planning
August 28, 2001
. '
•
•
Cherokee Mooresville -Site History
• The property was used for textile manufacturing and is
currently vacant .
• The buildings are of brick construction, with the original mill
dating back to the early 1900s and the most recent
construction occurring in the early 1960s.
• Located on 39 acres of land at 476 South Main Stre~ ~~ Mooresville, in a mixed residential, commercial and irittdstrial
t'Z g.; . section of the town. Site improvements include 1.3 million ~fJ(J ~"7 0~ ~:~/'square feet of mill buildings and supporting facilities. ~ 4-r 0~ x@. ro #yYifi . cy~ ;Y • The mill manufactured cotton yarn and denim products from 0.-A. approximately 1900 to 1999. The operations consisted of
~ · cotton weaving, dyeing, and finishing.
. '
•
Cherokee Mooresville -Pre-Closing Due
Diligence
• Significant quantity of asbestos in the mill buildings. The
estimated cost to remove and dispose of it is $1.2 -$1.4 mm .
• Besides the asbestos --relatively benign environmental
record -occasionally exceeded wastewater limits and one
leaking fuel oil tank--no other reported releases or incidents
under federal or related state environmental regulations.
• No record that landfilling or other types of on-site waste e disposal, and the plant was categorized as a small-quantity
hazardous wastes generator at the time of its closing.
• Water intensive manufacturing, but not chemical intensive.
.,
..
•
•
Cherokee Mooresville -Pre-Closing Due
Diligence·
• A Phase I Environmental Site Assessment ("ESA") was
completed by IT Corporation July 2000, concluded that soil
and groundwater beneath the Burlington Mill property could
be contaminated-extent unknown.
• Normally, Phase I ESA would be followed by a Phase II ESA
that includes soil and groundwater testing to further evaluate
environmental conditions. However, Burlington Industries
was unwilling to allow further assessment prior to sale .
• Before purchase, Cherokee reviewed all available records,
interviewed regulators and conducted a receptor survey that
showed no receptors, e.g. drinking water wells, in the vicinity
of the Property.
. '
. '
•
•
Cherokee Mooresville -Pre-Closing Due
Diligence
• Cherokee identified 17 potential problem areas at the site:
tanks, laboratories, PCB transformers, chemical storage
areas, etc ....
• For each area, conducted a statistical analysis to determine
potential cleanup costs and likelihood they would be
incurred.
• Estimated that cleanup could cost from $2.2 mm to in excess
of $7 mm -with the most likely costs of approximately $2.9
mm.
• Analysis provided us with the information to underwrite the
purchase and to obtain environmental insurance.
. '
•
•
Cherokee Mooresville -Post-closing
Site Assessment
• After closing -completed comprehensive
assessment of the property -24 soil borings and
12 monitoring wells -analyses for petroleum,
heavy metals, VOCs, and PCBs.
• Re-evaluating extent of asbestos and planning
abatement .
• Planning partial site demolition to include
environmental cleanup as needed.
•
Cherokee Mooresville -Assessment
Results and Remedial Action Plan
• Complete asbestos abatement --$1.2 -$1.4 mm .
• Remove contaminated soils around transformers.
• Incorporate any needed cleanup of hydraulic lifts,
process tanks and equipment during demolition.
e • Limited subsurface soil and groundwater
contamination - 2 of 11 wells have low levels of
chlorinated VOC contamination, no widespread
contamination in soil -low levels of some metals.
·' !
Cherokee Mooresville -Assessment
Results and Remedial Action Plan
• Contamination above 2L drinking water standards e in two wells but below industrial/commercial
cleanup standards -no drinking water use in area
-candidate for natural attenuation.
•
• Incorporate cleanup plans into Brownfields
Agreement.
feB ~16~
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8-28-oJ
TABLE 1
POTENTIAL CONTAMINANT SOURCE INVENTORY
CHEROKEE-MOORESVILLE SITE
Wastewater treatment facility, basement
Chemical lab
Chemical lab storage area
Former hydraulic lifts
Former varsol, gasoline, diesel, and waste oil UST/AST area
Coal storage area
Diesel AST fire pump
Transformer areas
150,000-gallon No. 6 heating oil AST
Maintenance shop
Former maintenance shop
Railroad spur, current and previous
Laboratory -physical testing
Garage next to gasoline UST
Off-site LUST/gas station
Off-site, former mill dry-cleaners
Basement soils/storage area
•
•
Potential
Environmental
Concern &
Contaminant Sources
TABLE 2 (Page 1 of 4)
EVALUATION OF POTENTIAL ENVIRONMENTAL CONCERNS
CHEROKEE-MOORESVILLE SITE
Summary of Pre-Closing Site Assessment Findings Due Diligence Recommended Response Action
1) Areas Potentially Impacted by Petroleum and Coal Fuels
A -Wastewater treatment Assumed contamination by petroleum No evidence of petroleum contamination. None
facilizy!_ basement products and polycyclic aromatic
B -Chemical lab hydrocarbons (PAHs) from coal No evidence of petroleum contamination. None
C • Chemical lab storage area storage and from the No. 6 heating oil No evidence of petroleum contamination. None
D-Former hydraulic lifts AST and a former gasoline UST. The Three fanner hydraulic lifts are present. The jacks Pump liquid and abandon casings and fill with
UST release was reported in the mid-have been removed and two of the three subsurface cement.
1980's, but not closed with state casings contain an oil/water mixture. No ground-
regulators. water contamination downgradient of Iitts .
E -Former varsol, gasoline, Minor residual soil and groundwater contamination Request closure (no further action) for the UST
diesel, and waste oil UST/AST from USTs --below reQulatory action levels. incident.
F -Coal storaoe area No evidence of petroleum contamination found. None
G -Diesel AST fire pum No evidence of petroleum contamination found. None
H -Transformer areas 17 active transformer substations and 91ocations Excavate and dispose petroleum and PCB-
where substations were located. Nine of the 17 have contaminated soils off-site.
ground oil staining. Low concentration of PCBs in
two locations <50 ppm. Non-hazardous, non-TSCA
I -150,000-gallon No. 6 heating Diesel-range organics at low concentrations (33 None
oil AST ppm) --below regulatory action levels.
J -Maintenance shop Oil & grease at low concentrations (50 ppm) None -oil and grease action level is 250 ppm
K -Former maintenance shop No evidence of petroleum contamination. None
L-Railroad spur, current and No evidence of petroleum contamination. None
previous
Note: (*)-The letter designation in front of each potential contaminant source corresponds to the potential contaminant sources provided in Table I and Drawing 1.
•
•
Potential
Environmental
Concern/Potential
Contaminant Sources
TABLE 2 (Page 2 of 4)
EVALUATION OF POTENTIAL ENVIRONMENTAL CONCERNS
CHEROKEE-MOORESVILLE SITE
Summary of Pre-Closing Site Assessment Findings Due Diligence Recommended Response Action
1) Areas Potentially Impacted by Petroleum and Coal Fuels (Continued)
M -Laboratory -physical Physical testing no chemical use None
testina
N -Garage next to gasoline No evidence of petroleum contamination. None
UST
0 -Basement soils/storage No evidence of petroleum contamination. None
area
2) Areas Potentially Impacted by Chlorinated Solvents
A-Wastewater treatment Assumed potential impacts to soil and No evidence of chlorinated solvent contamination. None
facility, basement groundwater near the machine shops
B -Chemical lab (maintenance shop) and the No evidence of chlorinated solvent contamination. None
wastewater treatment facility in the
C -Chemical lab storage area basement of the finishing mill. No evidence of chlorinated solvent contamination. None
0 -Former hydraulic lifts No evidence of chlorinated solvent contamination. None
J -Maintenance shop No evidence of chlorinated solvent contamination. None
K -Former maintenance shop No evidence of chlorinated solvent contamination. None
N -Garage next to gasoline No evidence of chlorinated solvent contamination. None
UST
Q -Basement soils/storage No evidence of chlorinated solvent contamination. None
area
Site wide groundwater Site is relatively free of contamination in No groundwater use in Mooresville. While two
contamination groundwater. Tetrachloroethene and 1,1-chemicals found above 2L drinking water standards,
dichloroethene found in the southern {downgradient) concentrations below other risk-based cleanup
portion of the property at two locations --low target levels.
concentrations of 40 micrograms per liter (ug!L) and
9. 7 ug/L, respectively. Allow for natural attenuation of de minim us levels .
•
•
Potential
Environmental
Concern/Potential
Contaminant Sources
3) PCB's
D -Fonner hydraulic lifts
H ·Transformer areas
TABLE 2 (Page 3 of 4)
EVALUATION OF POTENTIAL ENVIRONMENTAL CONCERNS
CHEROKEE-MOORESVILLE SITE
Summary of Pre-Closing Site Assessment Findings Recommended Response Action Due Diligence
Assumed PCB contamination is No PCBs in subsurface hydraulic lift casings. The oil·water mixture does not need to be handled
present in soils in each of the areas as a hazardous (PCB-containing) waste.
where electrical transformers were 17 active transformer substations and 9 locations Excavate and dispose petroleum and PCB-
previously or currently located --30 where substations were located. N'1ne of the 17 have contaminated soUs off-site.
transformer areas. ground oil staining. Low concentration of PCBs in
two locations <50-ppm. Non-hazardous, non-TSCA
4) Other Potential On-Site Concerns
C-Chemical lab storage area This category includes the stained Assessment results indicated slightly elevated metal The detected metal concentrations are below one or
soils in the basements of process concentrations above background levels. These more of the regulatory standards that may be
buildings, potential impacts from soils are located under a concrete slab. (8 ppm applied for industriaVcommercial use.
cooling towers, potential impacts from antimony)
coal ash handling, and closure of the No action recommended.
L -Railroad spur wastewater facility. Assessment results indicated slightly elevated metal The detected metal concentrations are below one or
concentrations above background levels that may be more of the regulatory standards that may be
associated with the transport and handling of coal, applied to the site for industrial/commercial use.
coal-ash and textile materials. (2.3. ppm beryllium)
No action recommended.
Q -Basement soils/storage Assessment results indicated slightly elevated metal The detected metal concentrations are below one or
area concentrations above background levels that may be more of the regulatory standards that may be
associated with prior wastewater and sludge applied to the site for industrial/commercial use.
handling processes. (8.4 ppm arsenic)
No action recommended.
Impacts from cooling towers to Unlikely to be a significant source of soil and Addressed during building demolition and renovation
site soils aroundwater contamination. as_Q_art of the closure process.
•
•
TABLE 2 (Page 4 of 4)
EVALUATION OF POTENTIAL ENVIRONMENTAL CONCERNS
CHEROKEE-MOORESVILLE SITE
Potential
Environmental Summary of Pre-Closing Site Assessment Findings Recommended Response Action Concern/Potential Due Diligence
Contaminant Sources
4) Other Potential On-Site Concerns (Continued)
Potential impact from ash No groundwater contamination in vicinity of coal ash None.
handling area.
Sludge in wastewater tanks, Process equipment cleaned by Burtington prior to Remove and decontaminate as needed during site
basins and process lives plant closure. Some potential for some sludge in demolition.
tanks and___Q!P_il}g.
Close wastewater facilities No soil or groundwater contamination in vicinity of Remove and decontaminate as needed during site
wastewater treatment operations. demolition.
5) Potential Off-Site Concerns
0-Off-site LUST/gas station This category includes both off-site No evidence that groundwater contamination from None
potential sources of contamination this site has miorated onto the subjec! pro_Qerty._
P • Off·site, former mill dry-and off-site migration of groundwater There is no evidence that the dry-cleaning activities None
cleaners contamination originating from the conducted at this site have impacted the subject
site. property.
Off-site migration of Site is relatively free of contamination in No groundwater use in Mooresville. While two
groundwater contamination groundwater. T etrachloroethene and 1,1-chemicals found above 2L drinking water standards,
dichloroethene found in the southern (downgradient) concentrations below other risk-based cleanup
portion of the property at two locations --low target levels.
concentrations of 40 micrograms per liter (ug/L) and
9.7 ug/L, respectively. Allow for natural attenuation of de minimus levels.
Other off-site waste handling No other off-site activities, either from former site None
activities or adjacent properties, were identified that
could be potential sources of contamination .
•MP?;~J'~~~}~
Engineering & EnvirOnmental Solutions
July 26, 2001
Mr. Chuck Pippin
North Carolina Department of Environment
And Natural Resources
Division of Water Quality
Groundwater Section
919 North Main Street
Mooresville, l\lorth Carolina 28115
Subject: NOTIFICATION OF SITE ACTIVITES
FORMER BURLINGTON INDUSTRIES FACILITY
MOORESVILLE, NORTH CAROLINA
MID-ATLANTIC ASSOCIATES PROJECT NO. OOOR1127.00
~ ..
[)ear Mr. Pippin: ,, , : ; ' '' ~ .. "1 •,
.. ;
On behalf of Cher~kee lnv~stment Partne'rs· (Chei'okee)~·Mia-Atlantic•Associates, P.A.
(Mid-Ai:lanticl . is .pleased to submit'. ii{e '·following': lnfor·matioii''you requested in. a
telephone conversation condu~ted .. on "July · 13, · ;·2001' rfCir': the 'referenced site.
Pilrticipating in the conversation were Mr. John Gallagher, .. Cherokee Environmental
Risk Management; Mr. John Reuscher and Mr. Cliff Lundgren, Mid-Atlantic; and you.
This letter is intended to provide the North Carolina Department of Environment and
Natural Resources (NCDENR) notification of subsurface assessment activities recently
performed at the site in June 2001. The objective of these assessment activities was
to evaluate the presence of potential groundwater and soil contamination attributable
to previous site operations and potential off-site sources. Site activities are being
performed under a Brownfields Agreement with the NCDENR, Superfund Section.
The Brownfields project manager for the state is Mr. Tony Duque in the Raleigh
NCDENR office. Prior to the recent site assessment activities, a receptor survey was
performed and no water-supply wells were found within a one-quarter mile radius of
the subject site.
Groundwater laboratory analytical results from the assessment indicate volatile
organic compounds were detected in water samples collected from three of twelve
monitoring wells installed on site (7. 1 ug/L 1 ,2,4-trimethyll:ienzene in MW-7,-23 ug/L
tetrachloroethene and 9.2 ug/L chl6roformin M'iv-8, arid 6.2 ug/L 1,1 cdichlciroethene
in MW-1 0). fl. draft drawing of monitoring well: locations ·and laboratory analytical
results is attached for reference. Monitoring well MW-7 is adjacent to AST/former
UST locations and closure for this area will be pursued through the UST Section of
the Mooresville Regional Office. Monitoring well MW-8 is located in a downgradient
•
• ' •
Notification of Site Activities
Former Burlington Industries Facility
Mooresville, Nonh Carolina
•
July 26, 2001
Page 2
area of the site near the southern-most property boundary. Monitoring well MW-1 0 is
located within the main industrial portion of the site consisting of facility buildings and
plant process areas.
The selection and use of risk-based standards are currently being reviewed and will be
presented to the Brownfields Program for approval in future submittals. We
understand that future discussions will be required between the various regulatory
agencies, Cherokee, and Mid-Atlantic to determine site-specific regulatory standards
that will be protective of health and the environment as well as representative of
future use of the site.
If you have any questions or comments regarding this letter or the work conducted at
the site to date, please do not hesitate to call us at 800-486-7568.
Sincerely,
MID-ATLANTIC ASSOCIATES, P.A.
~~
Jeffrey Tyburski, P .G.
Senior Geologist
Attachment
Thomas A. Proctor, P.G.
Vice President
cc: Mr.-To'ny Duque, Brownfields Project Manager, NCDENR-Superfund Section
Mr. John Gallagher, Cherokee Environmental· Risk Management
Mr. Cliff Lundgren, Mid-Atlantic Associates
MP?;~\J}A~NTJ~
Engineering & En1•ironmcntal Solutions
' /
JAN. 2S. 2JO I 3:40PM .ERDKEE !NV PARTNERS • NO. 9E48 P .
Cherokee Investment Partners II, L.P.
To:
From:
Fax:
Telephone:
Date:
FAX TRANSMITTAL
702 Oi>..Jin R...J
Suite 150
R.l.;gb, NC 2160S .
(919) 74~-2500
(llt9) 74J;zsot (Fax)
Pages (including cover): ___ __r:_ ____________ _
Comments:
12, J,...,-riA., II'~-r
1fi~/f <;b
/
•••
::, -JAN. 2S. 2JO 1 3:40PM .EROKEE I !IV PARTNERS • NO. 9E48 P. 2
Jl:NOII'IEERJJ"'Q CONSULTAI'tTS, ll'fC.
700 Blue Ridge Road, Suite 101 • Raleigh, NC 27606 • [phone] • FAX [phone]
January 22, 2001
Mr. John Gallagher
Cherokee Environmental Risk Management
7(]2 Oberlin Road, SUite !50
Raleigh, North Carolina 27605
Reference:
Dear John:
Reeeptor Survey and Review of Environmental Ineidents
Burlington Industries -1\looresville, North Carolina
Trigon Project No. 360-01-007
In accordance with your request, Trigon Engineering Consultants, Inc. perfonned a receptor survey of the
Burlington Industries facility in Mooresville, North Carolina. The survey included evaluating for the
presence of sensitive receptors, including, for example, water supply wells, loeotcd within a l ,500-foot
radius from the Burlington Jndustries property (See Figure 1 for Area). Jn addition to the survey, we
discussed environmental aspects of the operation of the facility with Town of Mooresville officials,
including the wastewater pretreatment coordinator.
We found no lmown sensitive receptors within l,SOO feet of the Burlington Jndustrics facility. Th= are
no apparent private or public water supply wells in the vicinity of the plant site, or other sensitive
receptors. The Town of Mooresville has provided public water to the area and all homes in the vicinity of
the plant were reportedly connected to the public system at the time of their construction.
, The Town of Mooresville officials indicated, with the exception of two caustic spills in the early 1990's,
that they were aware of no environmental incidents, repOrted releases or improper chemical handling at
the Burlington plant.
· JAN. 2f. 2JO I 3:40PM .• ERDKEE !NV PAnNERS
CABtotM Envz'rmunentnl Risk Ma~U~gemmt
Burlittpt:t" /nJaull'lu. J,/Qnnttlllll!, we
Methodology
• NO. 9E48 P. 3
}(JIIII.IJ'JI }J, 200/
TriJ!D• l'ro}«t No. 360-01·007
The receptor survey included interViewing Glen Shuler, Superintendent of the Town of Mooresville
Utilities Department. Irene Mann, Planning Technicim with the Town of Mooresville. Planning, Zoning
and Engineering Department, Rielcie W. Stuts, Pretreatment Coordinator with the Town of Mooresville,
and various rcs!denlS In the neighborhoods surrounding tho Burlington Industries property. In addition,
Trigon performed a vehicle reconnaissance of the surrounding neighborhoods for evidence of town water
meters, well houses and surface waters. Trigon also reviewed maps of the nearest public water lines to
these neiBhborhoods.
Trigon representative Ch.arles Wilkins mobilized to the site on December 19, 2001 to perform the
receptor survey. Prior the vehicle reconnaissance, Town of Mooresville water supply line maps were
revie">ved at Mr. Shuler's ofilce. Mr. Shuler indicated that these water lines were installed at the time the
residential homes were constructed, and that all of the residential homes and light commercial facilities
witlrln the ll!"ea identified on Figure 1 are supplied with Wllter from the Town of Mooresville. Additional
maps were obtained and reviewed at the Town of Mooresville Planning. Zoning and Engineering
Department It should be noted that this is not an exhaustive survey and is not intended to wholly
eliminate the presence of possible receptors.
Vehicle Reconnaissance
Following review of the appropriate maps, Trigon performed a vehicle reconnaissance of the property
sUITOIUlding Burlington Industries. No wells were obs~rved in this neighborhood. Water meters and fire
hydrants were observed in the residential areas around the Burlington Industries facility.
Lewis Williams at 514 Ridge Street indicated that he does not know of any wells in the area and that he
and his neighbors are on Town of Mooresville water. Trigon observed a decorative well house at the
Shoemaker residence located at 527 Ridge Street. According to Jack Benton at 547 Ridge Street,
neighbor of the Shocmnker residence, the well house is for decorative purposes and there is no well
present. Mr. Benton also stated that he has lived in the neighborhood since the 1960's and he l<nows of
no wells in the area. An apparent decorative hand purnp was observed on Ridge Street next door to 524.
No house number was present ond there did not appear to be a well present. An additional decorative
· pump was observed nt the Sherills' residence at 214 Pressley Strcci. According to Sam Corey at 114
East Pressley, no known wells are present in the area. According to Betty Burton at 823 Caldwell Street,
no known wells arc present in the area. No other evidence of water supply wells was observed during the
vehicle reconnaissance.
'
·JAN.2S.2J01 3:41PM .ERQKEE !!IV PARTNERS
CJ,,rolcn Environmtnlttl Risk M'an.tJgtment
JJurltngton lnthulrltJS • MorJresvtlls, NC •
Review of EnYironmental Incidents
NO. 9E48 P. 4
IDIIODI)' Zl. ZOO/ .
Tri,pn ·~jtJef No. J60-0I·001
Trigon also reviewed the history of environmental incidents with town officials. According to Mr. Stu1s,
Burlington Industries had two caustic Sllills in the early 1990's. Mr. Stuts indicated that the State and the.
US EPA wett: involved in enforcement actions tlllsoeiated with these incidents. He also indicated lhat
from 1991 to the present, based on his knowledge of operations at the plant and on the inspections he
conducted at the Burlington facility in his capacity as the town's industrial wastewater pretreatment
coordinator, there have been no other environmental inciden!l! at the Burlington Industries facility and
that he did not observe misuse or iniproper storage of chemicals at the facility.
Trigon appreciates the opportunity to .have provided our environmental consulting services to Cherokee
Environmental Risk Management. If you have any questions regarding this report, or if we can be of
further assistance, please do not hesitate to contact our office.
Sincett:ly,
TRIGON ENGINEERING CONSULTANTS, INC.
Charles Wilkins, Jr.
Project Manager
COWINLH:ogw
,A.ttachmmtt
h:\_0360o-t \proj octs\200 I \0360 1 007\repon.doc
:· JAN.2S. 2JO 1 3:41PM .ERDKEE I !IV PARTNERS • 110. 9E48 P. 6
MOORESVILLE, N.C.
350BO-E7-TF-024
PHOTOINSPECTED 1993
1969
Site Location Map
Bu~ington Industries· Mooresv111e, NC
JOB No. 360-01-007
DATE: January 2001
SOURCE: CGW
Scale ~ 1 :24,000 Figure 2
·.
CHEMICAL
coNSTITUENT scREENED INTERVAL u=l"i' I •· : "1"8:~il :·· ·: ~. ·:r6c3·ri?</ •·· • ~~c;R·· · .r'>. =" "';;
. ·, /::ll.MPLE.~ATE:;,"';. ;; . .j,:•ir;_S/26/01. , R/"U:il)~· ",·; '··.\·, ., •. ::,·~/2~/0_1
-"'" o•c "' 8260 (pg/l)
Cl .
1.1·Di·
Tetra'
1.2.4-Tril
1ene
<:. ·" -"
Bis12-"' ·'lexvl:
'" 8270 (~tg/ll
Tentatively Identified Compounds (pg/ll
Unknown
Total Metals -SW-846 Method 3030C (mg/ll
ND
ND
ND
ND
ND
NS
.
ND
ND
ND
ND
NO
NS
ND ND
ND ND
NP ND
ND ND
ND ND
NS NS
ND Antimony ND ND ND
.
Arsenic I:: . .:O:·Hifo'oiii:Thi~t.:.i 0.013 0.044 0.030 lr----------------f~= .
· .. ·.
0.19
7
0.7
_35Q (I)
3
NA
NA
0.050
NA Beryllium 0.010 0.008 0.005 0.003 I~C-a~d-m-iu-m-----------------------------r-----N-D------~~~-----N-0----~------N-D-----+--------------il
Chromium ND ND ND li~ :Ojl.J:L!::Jo••).:•;,
0.005
0.050
Lead j' ' .,;;, . .,,.,,. ·;~~~~~~~ ·. . . · · ~~· ;r ·· .. /. ~· ""' · ;;;r · ~· /t4J;;>cp 0.015
Mercury ND ND ND ND 0.0011
Nickel ND ND ND ND 0.100
Zinc ND ND ND ND 2.1
NS Laboratory analysis not requested
NA Not available or established
NO Not detected at or above laboratory Practical Ouantitation Limit (POL)
(I) Interim Standard
Shaded values indicate concentration in excess of North Carolina Groundwater Quality Standards (15NCAC 2l).
•
•
•.
.
·. ' ..... ~
Volatiles -SW-846 Method 8260 (ftg/LI
ND NS . ND ND ND NS •x .@'i.!!Y1l ·•· 0.19
1, 1-UII ND NS ND ND ND NS ND ND 7
1ene ND NS ND ND ND NS 1•(6:· r~. 0.7
1 ,2.4· ND NS ND ND 7.1 NS ND ND 350 (I)
MADEP VPH (ftg/LI -Low and Medium/High Boiling Point Fuels
C5-C8 A"· I NS NS NS _fiS NS 200 NS NS 420 (I)
Semi-Volatiles -SW-846 Method 8270 (rrg/L)
R;<I?-F> I I~·•·C, 24 .•. ·· ND ND I ND I ND N~ ND NS 3
T oucuuucu r unrls (ftg/LI
I NS NS NS I NS I 87 NS I NS NS I NA
Total -~vv-u-l6 lmg/LI .
A, ND NS ND ND ND NS ND NS NA • A, ,;, 0.018 NS ND 0.027 0.016 NS 0.013 NS 0.050
RMvll;um 0.004 NS 0.12 0.003 0.026 NS 0.008 NS NA
Jm .~. o·,o.18 .• NS ND ND ND NS ND NS 0.005
Chrnm;um ND NS ND ND ND NS ND NS 0,050
Lead :.,;·:o:082 ·• NS n>n· • \0!01 . Oli_lQ;'-)0, NS '("0.028':') NS 0.015
Mercury 0.0008 NS ND ND ND NS ND NS 0.0011
Nickel ND NS ND ND ND NS ND NS 0.100
Zinc ND NS ND ND ND NS ND NS 2.1
NS Laboratory analysis not requested
NA Not available or established
NO Not detected at or above laboratory Practical Ouantitation limit (POL)
Ill Interim Standard
Shaded values ;nd;cate ' ;n excess o/ Nonh I ' r,, · OuaHty <•
TABLE 4.3 IP•.we, .3 !J( ~~ . . . .
SUMMARY OF CHEMICAL CONSTITUENTS uc_!'''::_TI:U IN GROUNDWATER
• o N ~ ~:, -~~:: . . . : ... .· .· ,,·• __ i:·~ . ·. · ... :• . ·., · .. · ~~o~~·::::~~fs·~ -~·:c,!~~--~foo' · · •.•. ·' .• , · .. ·.-:( · '
. . ' ..... -·,• ' : ':c .:::•: ' ' ,,, ;i.-4'. '.-·. ',. -~<-· . -,~·:•: -Y::''~:· 8 -,c: ~ 111:~ IIUNCUI: 1_1';~,1_1:1.1 ... " ' ' . .' .. . ._., •• • ·:Mw~1'il ;~, .. . . .:. l:.i I.:':·;_ 't2 . , , .. -N 1·-:·.wsJ*. . . ,..:,·,,: ______ ...
CHEMICAL SAMPLE ID MW-Si iiJiw:s ' , i;.T]' I' ··~IVV 'MW, s. . (' SW-1 ** GROUJilDIII{ATER
CONSTITUENT. .•· .... ~. . .;~:;,· ~ '. noo•oi.-fa STANDARD ·
: .·11.1_ (FT) .. · 30,35 ._5.15 1 0-2.()' ; ·'. 30,45 ·7-22 f~~cet 115 NC~C 2L) "" . ' ·. . " . " ' ' ' .:· :-<."·" :t~ I , • • • •. .•.·-
SAMPLE'DATE . 6/267()1 <6/26/0i ·1.· 8i'1io1. . .. "'·' ··'•"" -'. r•·, •.: .. )1 .. . { --· ··~ '>~-;; .... '9/17/01 _.,., H '9/17/01 .. ~ , .. .,,..n 9/19/01
Volatiles -SW-846 Method 8260 (pg/L)
! Couuouou1111 ~ NO NO 16 NO =c NO lc!l-'':9~3i:B> NO 0.19 . .
1 . 1 -Oichloroethene NO· NO 6.2 NO NO NO NO 7
Tetrac 1e • NO NO NO NO
0
NO NO NO 0.7
1 ,2,4· I i fll NO NO NO NO NO NO ND No 35i)(ij'
Semi-Volatiles -SW-846 Method 8270 (pg/L)
'Bis(2 c. ... vii NS NO I NO NS NO NS NS NO NS 3
I vonuuvvoy •u ~u•_ ·"'lds (pg/L)
Unknown NS NS I NS 1\Js NS NS I NS NS I NS I NA
Total -SW-846 (mg/L)
A .• :. NS NO NO NS NO NS NS 0.007 NS NA
t>.rsenic NS 0.011 liiffP!~ NS 0.017 NS NS NO NS (\ (\I';(\
NS 0.003 NS 0.017 NS NS No Ns NA JrT1 0.035
Cadmil)m NS NO NO NS NO NS NS No Ns 0.005
L.nrOCliUm NS NO l:,~o:~' NS ~-NS NS No Ns (\ (\I';(\
Lead NS .·:o:o' ,;,: ,!'(\' Nfi. NS NS 1\Js No Ns 0.015
M<>•roon• NS NO NO NS Nn,...... NS NS NO NS 0.0011
NS NO NO NS ~-NS NS NO NS 0.100
Zinc NS NO NO. NS NO NS NS 0.077 NS 2.1
NS Laboratory analysis not requested NA Not available or established
ND Not detected at or above laboratory Practical Quantitation Limit (POL)
Ill Interim Standard
Shaded values indicate concentration in excess of North Carolina Groundwater Quality Standards.
• Plant water supply used for drill rig decontamination, located near monitoring wells MW-4/4S
• • """ ' water sample from off-site location south of <oc:l;",.
Shaded box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Ouantitation Limit (POL)
NA Not applicable
Sample 0-1 was obtained from the former hydraulic lift jack casing. The sample consisted of a waste oil. The lab diluted the sample to provide a
100.000 ug/L detection r1mit. Detected concentrations are below this detection limit.
11) North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
Contaminarit I I
•
•
•
•
Shaded box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Ouantitation Limit (POL)
NA Not applicable
(1) North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
Contaminant Concentrations ~ Residential Soil Levels
·.
•
•
Shaded box indicates standard exceeded
NS laboratory analysis not requested
ND Not detected at or above laboratory Practical Ouantitation Limit {POLl
NA Not applicable
(11 North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
•
•
Shaded box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Ouantitation Limit (PQLJ
NA Not applicable
{1) North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
i I I
·.
•
•
Shade~ box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Ouantitation Limit (POL)
NA Not applicable
(1) North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
I
Beryllium NO NO NO NS 3D NA
Chromium -12 40 NO NS 47
Copper 5.6 83 NO NS 580 NA
Lead 15 220 NO 270 400 400
Mercury~ SW-846 Method 7471 (mg/Kg) 0.03 0.12 NO NS. 'f.ll NA
Nickel 7.0 6.1 NO NS ~zo NA
Zinc 48 110 7.3 NS 'l(t.OO NA
PCBs ~ SW-846 Method 8082 (mg/Kgl
PCB-1260 NS NS ND NS 2.9
Notes:
Shaded. box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Ouantitation Limit {POL)
NA Not applicable
I*) ·Sample 0-1 was obtained from the former hydraulic lift jack casing. The sample consisted of ·a waste oil. The lab diluted the sample to provide a
1 OO,OQO ug/L detection limit. Detected concentrations are below this detection limit.
( 1) North Carolina Underground Storage Tank Program, Guidelines For Assessnient and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
Contaminant Concentrations -Residential Soil Cleanup Levels {mg/kg).
I dated
•
•
•
Total Metals-SW-846 Method 6010 (mg/Kg)
Beryllium NS NS NS NS NA
Chromium NS NS NS NS 47
Copper NS NS NS NS NA
Lead 11 200 NS. NS 400
Mercury-SW-846 Method 7471 (mg/Kgl NS NS NS NS NA
Nickel NS NS NS NS NA
Zinc NS NS NS NS NA • PCBs -SW-846 Method 8082
PCB-1260 NS NS NS NS 2.9
Notes:
Shaded box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Ouantitation Limit (POL}
NA Not applicable
( 1) North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
Contaminant Concentrations-Residential Soil Cleanup Levels (mg/kg).
121 US Risk I dated 4/12/99
•
Total Metals-SW-846 Method 6010 (mg/Kg)
Beryllium NS NS ND 2.3 NA
Chromium NS NS 25 47
Copper NS NS 66 5.1 NA
Lead NS NS 160 15 400
Mercury-SW-846 Method 7471 (mg/Kg) NS NS NS NS NA
Nickel NS NS '14 14 NA
Zinc NS NS 150 130 NA • PCBs -SW-846 Method 8082 (mg/Kgl
PCB-1260 NS NS NS NS 2.9
Notes:
Shaded box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Ouantitation Limit (POL)
NA Not applicable
( 11 North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1 , 2001; Table 4 Maximum Soil
Contaminant Concentrations · Residential Soil Cleanup Levels (mg/kg).
I Risk
Total Metals-SW-846 Method 6010 (mg/Kg)
Beryllium NA
Chromium 33 47
Copper NS 110 51 31 NA
Lead NS 48 66 12 400
Mercury-SW-846 Method 7471 (mg/Kgl NS 0.02 0.08 0.004 NA
Nickel NS 16 14 3.5 NA
Zinc NS 120 420 51 NA
PCBs -SW-846 Method 8082 (mg/Kg)
PCB-1260 NS NS NS NS 2.9
Notes:
Shaded box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Quantitation Limit (POL)
NA Not applicable
(1) North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
Contaminant Concentrations -Residential Soil Cleanup Levels (mg/kg).
US I Risk Based Concentration T dated 4/12/99 -Industrial
•
•
Total Metals -SW-846 Method 6010 (mg/Kg)
Beryllium NS NS NS NS NS NA
Chromium NS NS NS NS NS 47
Copper NS NS NS NS NS NA
Lead NS NS NS NS NS 400
Mercury-SW-846 Method 7471 (mg/Kg) NS NS NS NS NS NA
Nickel NS NS NS NS NS NA
Zinc NS NS NS NS NS NA
PCBs -SW-846 Method 8082 (mg/Kg)
PCB-1260
Notes:
Shaded box indicates standard exceeded
NS Laboratory analysis not requested
NO Not detected at or above laboratory Practical Ouantitation Limit (POL)
NA Not applicable
(1) North Carolina Underground Storage Tank Program, Guidelines For Assessment and Corrective Action, effective July 1, 2001; Table 4 Maximum Soil
Contaminant Concentrations -Residential Soil Cleanup Levels (mg/kg).
US I Risk Based dated 4/12/99 Soil -Industrial
•
.. : • •
CONTACT REPORT
NCDENR MOORESVILLE REGIONAL OFFICE
Date:
MRO Contact:
November 29, 2001
Ms. Amber Lindon
Jeffrey Tyburski Mid-Atlantic Contact:
Subject: Incomplete Limited Site Assessment, Phase I LSA
Report, Cherokee-Mooresville Site
Summary: Ms. Lindon was contacted regarding their November 19, 2001 letter
that provided comments on the Phase I Limited Site Assessment (LSA) report for
the site. Ms. Lindon provided the following comments about the deficiencies noted
in their letter:
1) The Type II monitoring well (MW-7} is not located in the source area:
Guidelines for Assessment and Corrective Action, page 4-11, requires the
construction of one Type II monitoring well in the source area. Ms. Lindon
was informed that there were no maps or drawings that provided the exact
locations of the USTs at the site at the time assessment activities were
conducted and that Burlington Industries provided this information after field
activities had been completed. Despite this technicality, she understands that
Type II well MW-7 is located downgradient of the former UST area and is
representative of site conditions. Ms. Lindon said she understands that the
level of effort assessing site conditions for the Brownfields Program has been
considerable and that she understands frustrations regarding the relative
inflexibility of UST Program rules compared to Brownfield Program rules.
They do not have flexibility to make special cases to circumvent UST rules ·
and that the installation of an additional well in the former UST area will
remain a requirement. The high visibility of this project also appears to be a
factor in their decision-making.
2} The Waste Oil UST on the Other Side of the Property is a Separate Source
Area and Needs to be Investigated: Ms Lindon was informed that previous
assessment activities conducted by Spatco for this UST did not indicate the
presence of contamination and that a Type II well installed downgradient of ~ AI(' .--r-'/ the former location of this tank did not indicate the presence of
,1 r' contamination. Ms. Lindon replied that the analytical method used to analyze 'i~ the UST closure soil sample was not approved by the NCDENR at the time
~+ .. ..... the work was completed. Additionally, the laboratory detection limit for the
tJ 0 :. 0 r soil sample analysis was elevated ( 1 00 ppm). Ms. Lindon responded that the • ;J "...A installation of one soil boring at the former UST location for the collection of
t"'6 h~oof t soil samples in accordance with UST Guidelines would be sufficient.
~Ms. Lindon Stated that they would be willing to provide flexibility regarding the
r "'-11 'L submittal of this information with 60 days as long as they are informed that J ""'vJ-appropriate action is being taken.
' ~ ·I , •
N~rth Carolina Department of,vironment p;_,
and Natural Resources • AW'A Division of Waste Management
Michael F. Easley, Governor
·William G. Ross Jr., Secretary NCDENR
Dexter R. Matthews, Interim Director
Cherokee Investment Partners
702 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Attention: Mr. John Gallagher
RE: Incomplete Limited Site Assessment Report
Dear Mr. Gallagher:
Former Burlington Mills Site
476 South Main Street
Mooresville, Iredell County
Incident# 8171
November 19,2001
The Underground Storage Tank (UST) Section of the Division of Waste Management at the
Mooresville Regional Office (MRO) has received the Limited Site Assessment (LSA) report for the subject
site. The report is currently incomplete and Will remain on file at the MRO. Prior to additional review, the
report must include the information requested.
In particular, the following deficiencies were noted:
I. The LSA monitoring well must be located in the source area of contamination. MW -7 appears
to be about 75 feet away from the source area (former gasoline, varsol, diesel ,waste oil tank
pit). Please be advised, if contaminant concentrations detected in the source area monitoring
well exceed the groundwater standards or interim standards established under !SA NCAC 21
.0202 by a facto['_ often, a Phase II LSA will be required.
2. During source area monitoring well construction, soil samples must be collected for
laboratory analysis at five foot intervals between the land surface and the water table. If the
water table is encountered at a depth greater than 25 feet from the land surface, soil samples
should be collected at I 0 foot intervals between the land surface and the water table.
3. The waste oil tank pit on the other side of the property is a separate source area and needs to
be investigated. Complete a LSA (as described above) for this source area.
919 North Main Street, Mooresville, North Carolioa 28115
Phone: [phone] I FAX: [phone] I Internet: http://ust.enr.state,nc,us/
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED I 10% POST CONSUMER PAPER
••
. '
Cherokee Investment Partners
November 19, 2001
Page 2
• •
Please be aware the requirements for a Limited Site Assessment have not been met at this time. If you
wish to work towards site closure, you must submit the information requested within 60 days of receipt of
this letter. If you have any questions about this matter, please contact me at [phone], ext. 248.
Sincerely,
Amber . Lindon
Hydrogeological Technician II
...
... 2002' 7 ·. 25PM"" "'IROKEE I NV PARTNERSD-ATLANTic ASS~~s DEC. 19. ~
North Carolina Department of Environment ,.J ~ vJP
and Natural R~ources f(J ,!>s
,.J(?) 1
Division of Waste Management
Micha~J F. Eadey, Gover:aor
William G. Ross Jr., Secreury
Dexter R. Morthews, Dire~ror
Cherokee Investment Partners
702 Oberlin Road, Suite 150
Raleigh, North Carolina 2 7605
Attention: Mr. John Gallagher
o1.J .1$ ~ v-r--(t-: ?a .
rJf~ ~
NO. 2924 P 2 i}002
·=!'~ --!" NCDE~N~R
Man:h 28, 2002
''
Re: Notice of No Further Aciion ·· ···· ... , ....
!SA NCAC 2L .OilS(h)
Dear Mr. Oullagher:
Risk-based Asses!lment and Corrective Action for Petroleum
Underground Storage Tanks
Former Burlington Mill~ Site
476 South Main Street
Mooresvine, Iredell County
Incident # 8171
Low Risk Classificalion
The Underground Storage Tank (UST) Section, Division of Wa.ste Management Mooresville Regional Office has
received a Limited Site Assessment Report witll Site Closure Request for the above-referenced Site. A review of the
report shows that soil contamination relating to the USTs does not eX<:oed the lowest of the residential or soil-to-
gro~ndwater maximum soil contaminant concentrntions and groundwater contamination is below the 15A NCAC 2L
.0202 groundwater standards .• No further assesSI'IIent or remedial actions are required at this time.
PUl'Suant to lSA NCAC 2L .01 I5(e), you have acootinu.ing obligatio!) 10 notify the UST Section of any change~ that
you know of or should know of, that might affect the level of risk IL'isigned to the discharge or releiL'ie. Such chan~;:es
include, but are not limited to, changes in zoning of real property, use of real property or the use of wound water that has
been contaminilted or is expectild to be contaminated by the discharge or release, if such change could cause the UST
Section to reclassif}-the risk. Please note that this responsibility not only penairu; to changes involving tht property on
whicl> the release occurr:d, but to changes involvingtl1e surrounding properties as welL
Please be advised that you should close any monitoring wells or injection well.s used to investigate or remedlate this
incident in accordance with ISA NCAC 2C .0113 and .0214, respectively. For guidance on closw-e of infiltration
galleries, pleas6 contact The Division of Water Quality, Groundwater Section at the M0oresvllle Regional Office.
Should you have any questions concerning this letter, please contact me at [phone] ext. 248.
cc: Fay Sweat· Central Office
r R .. Lindon
l{ydrogeological Technician II
Jef!Tey T)'burski, P.G,-Mid-Atlantic Associates
91~ Nonh M•io S~e~. Mourosvi!le. Norr)J Cnolino 281!S
Phone: [phone] \ FAX: 7()4.063~040 \ Illll31let: hap://<m.c:ur,sta<e.ru:.usl
AN !lQUAL 0P1'0RTUN1Ti' \AFFIRMATIVE ACTION EMPLOYER • 50% lll!cYWD /10~ POST CONSUMER PA.PE:a
I!' DEC. 19. 2002 7 25PM IROKEE iNV PARTNERS • NO. 2924
~-~ Cherokee Investment Partners, LLC
FAX TRANSMITTAL
To:
...-
-" l;n~ j) u~ ue
From: (f~ ~ t-J ~ ec [I C< ~ lw~---
Fax: fj3 -Llo1/
Telephone: l 3 3 -2 6D I --<'---1-~ ::{_8-"f.--
Date: J:l..llq\ Od.
Pages (including cover) ~
Comments:
702 Obedin Ro;d
Suite 150
R,J,igh, NC 27605
[phone]
[phone] (Fax)
• • Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Cherokee Investment Partners
702 Oberlin Road
Suite l50
Raleigh, North Carolina 27605
Attention: John Gallagher
Subject:
Dear Mr.Gallagher:
GROUNDWATER SECTION
January 28, 2002
Acknowledgment of Receipt
Site Assessment Report
Burlington Industries
476 South Main Street, Mooresville
GW Incident No. 86082
Iredell County, N.C.
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
On November 13, 2001, I received your assessment report for the above-referenced site.
Based on the low concentrations of groundwater contaminants identified in the report, the absence
of water supply wells in the area and your participation in the Brownfield's Program, the
Groundwater Section is not requesting additional information, further assessment or corrective
action at this time.
Should you have any questions, please call me at [phone].
Sincerely,
Matt Heller, P.G.
Regional Groundwater Supervisor
cc: Jeffrey Tyburski, P.G.-Mid-Atlantic Associates, Raleigh
rA _., __
NCDENR
Customer Service
1 800 623-7748
Division of Water Quality I Groundwater Section
919 North Main Street Mooresville, NC 28115
Phone: [phone] Fax: [phone] Internet: http://gw.ehnr.state.nc.us