21002_Eagle Island_RevBPA_201810

Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PD) INFORMATION {USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE — DO NOT USE THE RETURN KEY}
A. PD information:
Entity name
Principal Officer
Representative
Mailing Address
E-mail address
Phone No.
Fax No.
Web site
Burgess Group Consolidated, LLC
Vince Burgess
250 Raleigh Street
Wilmington, NC 28412
vinceb@burgesscorporation. net
910.592.4757
B. PD contact person information (i.e., individual who will serve as the NCBP's point of
contact if different than above):
Name
Company
Mailing Address
E-Mail Address
Phone No.
Fax No.
same as 1.A
C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
(Use for LLCs)
Member -managed or manager -managed? Answer: Member -managed
GI

If manager -managed, provide name of manager and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name Vince Burgess
Ownership (%) 100%
Mailing Address 250 Raleigh Street
Wilmington, NC 28412
E-Mail Address [e-mail]
Phone No. 910-990-2484
Fax No. 910-592-5008
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
6i

Managers of manager -managed LLCs are required to execute all brownfield documents for
the LLC; as to member -managed LLCs, state name of member who will sign these
documents.
Vince Burgess
List all parent companies, subsidiaries and other affiliates:
There is no parent company or subsidiary companies.
(Use for Partnerships)
Check one: ❑General Partnership ❑Limited Partnership
List all partners and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
List all parent companies, subsidiaries and other affiliates:
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(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate "same as 1.A. " below.)
Name same as 1.A
Mailing Address
E-Mail Address
Phone No.
Fax No.
List all parent companies, subsidiaries and other affiliates:
(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate "same as 1.A."above.)
Name
Mailing Address
E-Mail Address
Phone No.
Fax No.
D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation
such as letters of credit, financial statements, etc.)
Answer Yes
Explanation
E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation Geosyntec Consultants of NC, PC to guide.
rl

F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation Geosyntec Consultants of NC, PC to guide
G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?
Answer Yes
(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)
N/A
H. Does PD currently own the property?
Answer No
If yes, when did PD purchase the property and from whom? (Provide name, address,
telephone number and email address of the contact person for the current
property owner.)
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
Vulcan Materials, Inc.
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer Yes
If yes, provide date of contract.
If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)?
E:

Describe all activities that have taken place on the property since PD or PD's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or
operated at the property (e.g., industrial, manufacturing or commercial activities, etc.).
(Include a list of all regulated substances as defined at NCGS § 130A-310.31 (b)(1 1) that have
been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Eagle Island
acreage 31 County Brunswick
street address(es) Battleship Road NE
city Leland zip 28451
tax ID(s) or PIN(s) 0390000901, 03900008, and 03900011. See Attachment 1 and
Attachment 2.
past use(s) As part of an October 2016 Phase I Environmental Site Assessment
(Included as Attachment 3), Geosyntec Consultants observed several boat docks and slips,
abanonded ASTs, and deteriorated 55 gallon drums on the site. Throughout the 1900's,
buildings were observed in site photographs but occupancy and status is unknown.
Historical land use of Eagle Island, including adjacent property, included agriculture, naval
commerice, lumber production, turpentine distilling, fertilizer sales/production, and tar and
resin storage in the 1800s and 1900s. Furthermore, a lamp black factory was reportedly
built on the site in the mid to late 1800's.
current use(s) Vacant/unoccupied with remnant building/structures and equipment
cause(s)/source(s) of contamination:
known See above regarding past use and chemical storage containers
suspected Petroleum products, volatiles, PAHs, metals, PCBs. The January 2017 Phase
I ESA completed by Geosyntec Consultants identified 4 RECs associated with the site.
B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No's may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality's incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In
many instances, the PD will need to actively seek out this information by reading
X

environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property is abandoned, idled, or underused?
The site is currently unoccupied and delapidated buildings/structures are present throughout
the site.
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach anv supporting documentation such as
letters from lending institutions)?
There is concern about existing impacts to groundwater and soil. To facilitate use of the
property, mitigation measures may be required. Liabilitiy protections will make the property more
desireable to interested buyers and lessees.
E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions)?
Underlying impacts to groundwater and the residual soil impacts associated with the property
leave potential buyers and future tenants trepidatious. A Brownfields Agreement would provide
interested buyers protection from the associated environmental liability.
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
The site will be developed for mixed residential/commercial use. This is anticipated to
consist of single family lots, condominiums, apartments, office space, restaurants, and/or
other commercial retail stores.
G. Current tax value of brownfields property: $Brunswick County tax records indicate the
following values: Parcel No. 03900008 ($71,500), Parcel No. 0390000901 ($711,150), and
Parcel No. 03900011 ($1,210)
H. Estimated capital investment in redevelopment project: $5M
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List and describe the public benefits that will result from the property's redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic
places, improving disadvantaged neighborhood quality -of -life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have
community or environmental benefits. In gauging public benefit, NCBP places great value
upon letters of support from community groups and local government that describe
anticipated improvements in quality of life for neighboring communities that the project will
bring about. The inclusion of such support letters with this application is recommended and
encouraged.)
The site will be used for residential and commerical purposes, creating jobs during
construciton and post construction , revitalizing the blighted area and creating surrounding
greenspace, walking paths and nature trails. Environmental remediation has already been
performed to remove impacted surface soils and facilitate redevelopment. Increase tax base
and return to beneficial use of signifant property. An extensive archeological study was funded
and performed as part of the PD efforts to identify and preserve historic items of note.
Special Note: Please describe all environment -friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of
energy, and/or recycling/reuse of old building materials such as brick or wood.
J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the
same as I.A. above, please indicate.)
Name Holdings of TCM, Inc.
Mailing Address P.O. Box 3818
Mooresville, NC 28117
E-Mail Address [e-mail]
Phone No. 704-309-9880
Fax No. 888-398-3853
III. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP, that it
did not cause or contribute to contamination at the property and that it meets all other
statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this
application. An original hard copy of this affidavit must be filled out, signed, notarized and
submitted with this application.)
11

B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the required Proposed Brownfields Agreement, as described above, included with this
application?
Answer Yes
C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the location of the property, clearly
plotted, and that measures at least an 8'/z by 11 inches. (Note: these maps can be
purchased through the above link, or often through retail outdoor recreation stores that can
print out the relevant map. Often environmental reports have location maps that use this
type of map format as the base for its location map.)
Is the required location map included with this application?
Answer Yes
D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process, one
or more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfields survey plat which includes the information listed in
the brownfields survey plat -guidance.)
Is the required preliminary survey plat included with this application?
Answer Yes
E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the
property, in either hard copy or electronic format, that shows existing facilities and
structures. Please note that the NCBP prefers to have electronic photos instead of or
in addition to hard copies. Electronic copies of photographs should be emailed to:
Shirley. Liggins(cDncdenr.gov with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes
Have electronic copies of the photographs been emailed to NCBP?
Answer
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
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Are any environmental reports/data being submitted with this application?
Answer Yes
If environmental reports/data are being submitted with this application, please provide the
title, date and author of each item being submitted:
Phase I Environmental Site Assessment, Geosyntec Consulstants, January 2017
IV. ADDITIONAL REQUIRED FORMS
The following forms are to be filled out and submitted with the application including the
Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.
Submittal of the Affidavit requires signature and notarization, and the Proposed
Brownfields Application requires an initial.
13

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELD5 PROGRAM
IN THE MATTER OF: Burgess Group Consolidated, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3 130A-310.301 et. seq. ) AND COMPLIANCE
Burgess Group Consolidated, LLC being duly sworn, hereby deposes and says:
I. I am «Vine Burgess, President>> of Burgess Group Consolidated, LLC..
2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations
contained herein and to legally bind .1
3. Burgess Group Consolidated, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields
Act), in relation to the following parcel(s) in Battleship Rd NE, Leland, Brunswick, County,
North Carolina: 0390000901, 03900008, and 03900011
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Burgess
Group Consolidated, LLC, and any parent, subsidiary or other affiliate meets the eligibility
requirements of N.C.G.S. 3 130A-310.3 I (b)(10), in that it has a bona fade, demonstrable desire to
develop or redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in the
preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Burgess
Group Consolidated, LLC meets the eligibility requirement of N.C.G.S.3130A-310.32(a)(1) in that it
and any parent, subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the environment.
Affiant P,rther with not.
Vincent O. Burgess, President
Signature/Printed Name
Date February 8, 2017
Sworn to and subscribed before me
this 8th day of February , 20 17.
Notary Public
My commission expires: February 3, 2018
14
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Preliminary Proposed Brownfields Agreement
1. Property Facts
a. Property Address(es): Battleship Road NE, Eagle Island, Leland, NC
b. Property Seller: Vulcan Materials, Inc.
c. Property Buyer: Burgess Group Consolidated, LCC
d. Brief Property Usage History: As part of an January 2017 Phase I ESA (Phase I Executive
Summary included as Attachment 3), Geosyntec Consultants observed several boat docks and
slips, abanonded ASTs, and deteriorated 55 gallon drums on the site. Attachment 4 includes
pictures of these observed site features. Throughout the 1900's, buildings were observed in site
photographs but occupancy and status is unknown. Historical land use of Eagle Island, including
adjacent property, included agriculture, naval commerice, lumber production, turpentine
distilling, fertilizer sales/production, and tar and resin storage in the 1800s and 1900s.
Furthermore, a lamp black factory was reportedly built on the site in the mid to late 1800's.
e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
❑ School/childcare/senior care
® Residential
® Commercial, retail (specify)
❑ Other commercial (specify)
® Office
® Light industrial
❑ Heavy industrial
® Recreational
® Open space
❑ Other (specify)
II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
® Contaminants are from an on -property source(s)
❑ Contaminants are from an off -property source(s)
❑ Contaminants are from an unknown source(s)
❑ Contaminants have not yet been documented on the property
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b. Contaminated Media Table. (If known, check appropriate boxes below)
Contaminant
Soil
Groundwater
Private Wells
Vapor Intrusion
Types
and/or Surface
Water
known
Suspected
known
Suspected
known
suspected
known
suspected
o
Chlorinated
r
Solvents
9
(list):
a
n
i
c
S
Petroleum:
ASTs ❑
USTs ❑
Other ❑
Other (list):
i
Metals
n
(list):
0
r
9
a
n
Other (list):
c
S
III. Protective Measures
I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use(s) through the following
mechanism(s) (check all that apply):
❑ Contaminant remediation to risk -based levels.
❑ Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
® Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any
16

final brownfields agreement generated by the NCBP, land use restrictions will ultimately
come with the continuing obligation to submit an annual certification that the Land Use
Restrictions are being complied with and remain recorded at the applicable register of
deeds office.)
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the Department of Environmental Quality and the Department of Justice. In
satisfaction of the Act, the following fees apply to a brownfields agreement that is developed for
this project under the standard program, subject to negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application, the affidavit and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields
agreement. Should the prospective developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
e. Additional fees are charged for the Ready for Reuse and Redevelopment Now programs.
Please check this box and initial in space provided to indicate your
acknowledgement of the standard brownfields fee structure.
Please check this box and initial in space provided to indicate your interest in the
Ready or Reuse or the Redevelopment Now programs, and your acknowledgement of the
alternate fee structure as outlined in the Ready for Reuse or the Redevelopment Now Fee
Consent Document (under separate cover).
Date of Submittal:
17

Attachment 1

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Legend Site Location Map
Subject Site Boundary Subject Site: Parcel No. 0390000901, 03900011,
and 03900008
Battle Ship Road NE
Eagle Island, North Carolina
Notes:
1. 2013 topographic map obtained from USGS The National Geosyntec ° Figure
Boundaries Dataset. consultants
2. Site is within the Wilmington Quadrangle. 1
3. Site Boundary was estimated based on information provided by Raleigh, NC October 2016
Brunswick Countv.
NAGN6146 Burgess Eagle Island\GIS\MXD\F1_SiteLocationMap. mxd

Attachment 2

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J. Drive'a to Adjacent Properly
t fill, Present on Subjec'P.'roperty �)
r 1 • --�i-V•*-.WConcrete Slab and
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arolina Christian Radio/ Concrete Block Dotck
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,• • Concrete l-Beams ,� \ ./BoatMet
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Building/Root Winch
' Wood Shed'
Winch Metal Building
Concrete Foundation, Metal with Tank e
Mounting Structures, Electrical
Box, and Stick Up Pipes
Concrete Barricades
l�. oncrett I-Bemn ao
55 Gallon Drums Electrical Box Owned by
_ Adjacent Substation Present
_ is on Subject Property
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