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HomeMy WebLinkAbout14010_Wesley Village_EMPV3 finalDocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 NORTH CAROLINA BROWNFIELDS PROGRAM ENVIRONMENTAL MANAGEMENT PLAN This form is to be used to prepare an Environmental Management Plan (EMP) for projects in the North Carolina Brownfields Program at the direction of a Brownfields project manager. The EMP is a typical requirement of a Brownfields Agreement (BFA). Its purpose is to clarify actions to be taken during the demolition and construction at Brownfields properties in an effort to avoid delays in the event of the discovery of new contamination sources or other environmental conditions. The EMP provides a means to document redevelopment plans and environmental data for each applicable environmental medium to inform regulatory -compliant decision -making at the site. As much detail as possible should be included in the EMP, including contingency planning for unknowns. Consult your project manager if you have questions. Prospective Developers and/or their consultants must complete and submit this form and all pertinent attachments, see checklist below, to their Brownfields project manager prior to any earthmoving or other development -related activities that have the potential to disturb soil at the Brownfields Property, including demolition. For the resultant EMP to be valid for use, it must be completed, reviewed by the program, signed by all parties working on the project, and approved by the Brownfields project manager. Failure to comply with the requirements of the EMP could jeopardize project eligibility, or in the event of a completed agreement, be cause for a reopener So that the EMP provides value in protecting brownfields eligibility and public health, the preparer shall ensure that the following steps have been completed prior to submitting the EMP for review. Any EMP prepared without completing these steps is premature. 0 Site sampling and assessment that meets Brownfields' objectives is complete and has been reviewed and approved by the Brownfields Project Manager. 0 Specific redevelopment plans, even if conceptual, have been developed for the project, submitted and reviewed by the Brownfields Project Manager. EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 Please submit, along with the completed EMP form, the following attachments, as relevant and applicable to the proposed redevelopment: 0 A set of redevelopment plans, including architectural/engineering plans, if available; if not conceptual plans may suffice if updated when detailed plans are drafted. 0 A figure overlaying redevelopment plans on a map of the extent of contamination for each media. 0 Site grading plans that include a cut and fill analysis. ❑ A figure showing the proposed location and depth of impacted soil that would remain on site after construction grading. 0 Any necessary permits for redevelopment (i.e. demolition, etc.). Section 404/Nationwide 27 (USACE) - DWR#17-1055 Section 401/Nationwide (NC DEQ) - SAW-2017-01763 Sediment and Erosion Control (NCDEQ/NCDEMLR/DLR) - Permit #1985 Floodplain Development Permit (Mecklenburg County, NC) — Pending Approval ❑ A detailed construction schedule that includes timing and phases of construction. 0 Tabulated data summaries for each impacted media (i.e. soil, groundwater, soil gas, etc.) applicable to the proposed redevelopment. ❑ Figures with the sampling locations and contamination extents for each impacted media applicable to the proposed redevelopment. ❑ A full final grade sampling and analysis plan, if the redevelopment plan is final. ❑ If known, information about each proposed potential borrow soil source, such as aerial photos, historic site maps, historic Sanborn maps, a site history, necessary for brownfields approval. ❑ Information and analytical data, if required, for quarries, or other borrow sources, detailing the type of material proposed for importation to the Brownfields Property. ❑ A work plan for the sampling an analysis of soil to be brought onto the Brownfields Property. Refer to Issue Resolution 15 in Brownfields Program Guidelines. ❑ A map of the Brownfields Property showing the location of soils proposed for EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 export and sampling data from those areas. ❑ If a Vapor Mitigation System is required by the Brownfields Program, the Vapor Intrusion Mitigation System (VIMS) plan will be signed and sealed by a NC Professional Engineer. The VIMS Plan may also be submitted under separate cover. GENERAL INFORMATION Date: April 14, 2020 Revision Date (if applicable): Brownfields Assigned Project Name: Wampler-Longacre Site (Wesley Village II) Brownfields Project Number: 14010-10-060 Brownfields Property Address: 2000 Wesley Village Road and 2000 Rushing Creek Lane, Charlotte, Mecklenburg County, North Carolina Brownfields Property Area (acres): 0.70 acres of the site; The Historic Stewart Creek Enhancement Project Phase III will be mostly confined within the designated storm water easement boundaries along Stewart Creek, as noted on the redevelopment plans. Is Brownfields Property subject to RCRA Permit? ....................... ❑ Yes © No If yes, enter Permit No.: Not Applicable Is Brownfields Property subject to a Solid Waste Permit?.......... ❑ Yes © No If yes, enter Permit No.: Not Applicable COMMUNICATIONS A copy of this EMP shall be distributed to all the parties below as well as any contractors or site workers that may be exposed to site vapors, soil, groundwater, and/or surface water. Additionally, a copy of the EMP shall be maintained at the Brownfields Property during redevelopment activities. NOTE, THE EMP DOES NOT TAKE THE PLACE OF A SITE -SPECIFIC HEALTH AND SAFETY PLAN. Prospective Developer (PD): Mecklenburg County Contact Person: Stephanie Roberts Phone Numbers: Office: Mobile: Email: Stephanie.Roberts@mecklenburgcountync.gov Contractor forPD: Kimley-Horn Contact Person: Mr. William Wilhelm Phone Numbers: Office: (704) 319-7684 Mobile: (704) 497-5462 Email: Will.Wilhelm@kimley-horn.com Environmental Consultant: Terracon Consultants, Inc. EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 Contact Person: Mr. Christopher Corbitt Phone Numbers: Office: (704) 509-1777 Mobile: (704) 301-3089 Email: cicorbitt@terracon.com Brownfields Program Project Manager: Ms. Joselyn Harriger, BPMU Phone Numbers: Office: (704) 235-2195 Mobile: (704) 431-9825 Email: joselyn.harriger@ncdenr.gov Other DEQ Program Contacts (if applicable, i.e., UST Section, Inactive Hazardous Site Branch, Hazardous Waste, Solid Waste): Not Applicable Phone Numbers: Office: Mobile: Email: NOTIFICATIONS TO THE BROWNFIELDS PROGRAM Written advance Notification Times to Brownfields Project Manager: Check each box to accept minimum advance notice periods (in calendar days) for each type of onsitetask: On -site assessment or remedial activities.................................................................. 10 days prior ❑X Construction or grading start....................................................................................... 10 days prior ❑X Discovery of stained soil, odors, USTs, buried drums or waste, landfill, or other signs of previously unknown contamination.............................................................................................. Within 48 hours ❑X Implementation of emergency actions (e.g. dewatering, flood or soil erosion control measures in area of contamination, ventilation of work zones)............................................................... Within 48 hours ❑X Installation of mitigation systems.............................................................................. 10 days prior ❑X Other notifications as required by local, state or federal agencies to implement redevelopment activities (as applicable)............................................................................................................... Within 30 days ❑X REDEVELOPMENT PLANS 1) Type of Redevelopment (check all that apply): ❑ Residential ❑ Recreational ❑ Institutional ❑ Commercial ❑ Office ❑ Retail ❑ Industrial © Other, specify: The planned stream restoration project of this segment of Stewart Creek by Mecklenburg County involves bank grading and placement of rip rap boulders to control flow within the creek. 2) Check the following activities that will be conducted prior to commencing earth -moving activities at the site: © Review of historic maps (Sanborn Maps, facility maps) ❑ Conducting geophysical surveys to evaluate the location of suspect UST, fuel lines, utility lines, etc. EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 ❑ Interviews with employees/former employees/facility managers/neighbors 3) Summary of Redevelopment Plans (MANDATORY: attach detailed plans or conceptual plans, if detailed plans are not available. EMP review without such information would be premature). Provide brief summary of redevelopment plans, including demolition, removal of building slabs/pavement, grading plans and planned construction of new structures: This EMP only addresses the planned stream restoration activities associated with the Historic Stewart Creek Enhancement Project Phase III that encroach along the Wesley Village II Brownfields site. The Historic Stewart Creek Enhancement Project Phase III does not include any redevelopment plans for the site, demolition of on -site buildings or construction of new buildings. Mecklenburg County (PD) plans to conduct stream restoration activities along Stewart Creek within the designated storm water easement, depicted on the conceptual plans. These activities include stream bank grading and placement of rip rap boulders to control flow within the stream boundaries. Presently, development plans have not been finalized. Conceptual Development Plans of the Historic Stewart Creek Enhancement Project Phase III are attached. 4) Do plans include demolition of structure(s)? ❑ Yes ® No ❑ Unknown ❑ If yes, please check here to confirm that demolition will be conducted in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. If available, please provide a copy of your demolition permit. 5) Are sediment and erosion control measures required by federal, state, or local regulations? ® Yes ❑ No ❑ Unknown ® If yes, please check here to confirm that demolition will be conducted in accordance with applicable legal requirements. If soil disturbance is necessary to install sediment and erosion control measures, they may not begin until this EMP is approved. 6) Which category of risk -based screening level is used or is anticipated to be specified in the Brownfields Agreement? Note: If children frequent the property, residential screening levels shall be cited in the Brownfields Agreement for comparison purposes. ❑ Residential ® Non -Residential or Industrial/Commercial 7) Schedule for Redevelopment (attach construction schedule): a. Construction start date: To be determined. b. Anticipated duration (specify activities during each phase): Summer 2020; General Contractor bidding process to occur April 2020. c. Additional phases planned? ❑ Yes ®No If yes, specify the start date and/or activities if known: Start Date: Planned Activity: EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 Start Date: Planned Activity: Start Date: Planned Activity: d. Provide the planned date of occupancy for new buildings: Not Applicable CONTAMINATED MEDIA 1) Contaminated Media on the Brownfields Property Part 1. Soil......................................................................... ® Yes ❑ No ❑ Suspected Part 2. Groundwater....................................................... ® Yes ❑ No ❑ Suspected Part 3. Surface Water ...................................................... ❑ Yes ® No ❑ Suspected Part 4. Sediment.............................................................. ❑ Yes ® No ❑ Suspected Part 5. Soil Vapor............................................................. ❑ Yes ® No ❑ Suspected Part 6. Sub -Slab Soil Vapor ............................................. ❑ Yes ® No ❑ Suspected Part 7. Indoor Air............................................................. ❑ Yes ® No ❑ Suspected 2) For the Area of Proposed Redevelopment on the Brownfields Property, attach tabulated data summaries for each impacted media and figure(s) with sample locations. PART 1. Soil — Please fill out the information below, using detailed site plans, if available, or estimate using known areas of contaminated soil and conceptual redevelopment plan. Provide a figure overlaying new construction onto figure showing contaminated soil and groundwater locations. 1) Known or suspected contaminants in soil (list general groups of contaminants): Soil samples have not been collected from areas of the site within the planned Historic Stewart Creek Enhancement Project Phase III related to the Brownfields assessment. Soil samples were collected during previous assessment activities on the Wesley Village II site associated with former underground petroleum storage tanks. Petroleum impacted soils were removed and a No Further Action letter was issued by the UST Section in September 2007 after MACTEC indicated no further soil assessment was necessary. In 2011, Hart & Hickman (H&H) conducted a soils assessment on a portion of the Wesley Village 11 Brownfields site located near the intersection of Freedom Drive and Thrift Road. H&H reported benzo(a)pyrene, benzo(b)fluoranthene (poly -aromatic hydrocarbons) and arsenic exceeded Residential or Non -Residential regulatory standards from composited samples. The locations of the detected constituents are not within the planned stream restoration limits. Analytical results are included as Table 1 (Table 1 — Summary of Soil Analytical Data, extracted from Brownfields Soil Assessment Activities, Hart & Hickman, dated September 2, 2011). EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 2) Depth of known or suspected contaminants (feet): Soil samples were collected from depths of 0 to 1.5 feet below ground surface (bgs). Benzo(a)pyrene, benzo(b)fluoranthene and arsenic were detected at concentrations above regulatory standards on the Wesley Village II property. 3) Area of soil disturbed by redevelopment (square feet): The total area of the Wesley Village II site disturbed by the planned Historic Stewart Creek Enhancement Project Phase III is 0.70 acres along the stream banks according to the finalized grading plans. 4) Depths of soil to be excavated (feet): Based on the provided plan profile, grading activities at the Wesley Village II site will be limited to the upper 10 to 15 feet along Stewart Creek. 5) Estimated volume of soil (cubic yards) to be excavated (attach grading plan): According to Kimley-Horn, within the eastern Wesley Village II Brownfields parcel, approximately 1,950 cubic yards of soil will be cut along Stewart Creek while approximately 280 cubic yards will be placed as fill along the creek. The grading plan is included as Figures 1 through 4. Terracon assumes a portion of the cut soils will be used as fill where noted on the grading plan. 6) Estimated volume of excavated soil (cubic yards) anticipated to be impacted by contaminants: No sampling of soils has been conducted in the planned stream restoration area. Since soils were only impacted on other limited portions of the site, it is unlikely that impacted soils will be encountered within the stream restoration area. If evidence of impacts to soils are noted (such as staining and discoloration of soils or odors) while grading activities are being conducted, then the environmental professional should be contacted in accordance with the Contingency Plan section (Part 9). 7) Estimated volume of contaminated soil expected to be disposed of offsite, if applicable: Not applicable since impacted soils have not been detected in the area of planned stream restoration activities; however, according to the conceptual grading plan and cut/fill analysis, approximately 1,670 cubic yards of excess soil will be available on the site, assuming cut soils will be used as fill soils. If the excess soils are removed from the site, written approval from the NC Brownfields Program will be required for off -site disposal. Part 1.A MANAGING ONSITE SOIL If soil is anticipated to be excavated fromthe Brownfield Property, relocated on the Brownfields Property, or otherwise disturbed during site grading or other redevelopment activities, please provide a grading plan that clearly illustrates areas of cut and fill (approximate areas & volumes are acceptable, if only preliminarydata available). 1) HAZARDOUS WASTE DETERMINATION: a. Does the soil contain a LISTED WASTE as defined in the North Carolina Hazardous Waste Section under 40 CFR Part 261.31-261.35?..................................... ❑ Yes ® No ❑ If yes, explain why below, including the level of knowledge regarding processes EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 generating the waste (include pertinent analytical results as needed). Not Applicable ❑ If yes, do the soils exceed the "Contained -Out" levels in Attachment 1 of the North Carolina Contained -In Policy? ...................................................... ❑ Yes ❑ No b. NOTE: IF SOIL MEETS THE DEFINITION OF A LISTED HAZARDOUS WASTE AND EXCEEDS THE CONTAINED -OUT LEVELS IN ATTACHMENT 1 TO THE NORTH CAROLINA CONTAINED -IN POLICYTHE SOIL MAY NOT BE RE -USED ON SITE AND MUST BE DISPOSED OF IN ACCORDANCE WITH DEQ HAZARDOUS WASTE SECTION RULES AND REGULATIONS. c. Does the soil contain a CHARACTERISTIC WASTE? .................................. ❑ Yes © No ❑ If yes, mark reason(s) why below (and include pertinent analytical results). ❑ Ignitability ❑ Corrosivity ❑ Reactivity ❑ Toxicity ❑ TCLP results ❑ Rule of 20 results (20 times total analytical results for an individual hazardous constituent on TCLP list cannot, by test method, exceed regulatory TCLP standard) ❑ If no, explain rationale: Soil sampling activities did not identify concentrations capable of exceeding TCLP criteria using the Rule of 20. d. NOTE: IF SOIL MEETS THE DEFINITION OF A CHARACTERISTIC HAZARDOUS WASTE, THE SOIL MAYNOT BE RE -USED ON SITE AND MUST BE DISPOSED OF IN ACCORDANCE WITH DEQ HAZARDOUS WASTE SECTION RULES AND REGULATIONS. 2) Screening criteria by which soil disposition decisions will be made (e.g., left in place, capped in place with low permeability barrier, removed to onsite location and capped, removed offsite): ❑ Preliminary Health -Based Residential SRGs © Preliminary Health -Based Industrial/Commercial SRGs © Division of Waste Management Risk Calculator (For Brownfields Properties Only) ❑ Site -specific risk -based cleanup level. Please provide details of methods used for determination/explanation. Additional comments: 3) If known impacted soil is proposed to be reused within the Brownfields Property Boundary, please check the measures that will be utilized to ensure safe placement and documentation of same. Please attach a proposed location diagram/site map. © Provide documentation of analytical report(s) to Brownfields Project Manager EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 © Provide documentation of final location, thickness and depth of relocated soil on site map to Brownfields Project Manager once known ❑ Geotextile to mark depth of fill material. Provide description of material: ❑ Manage soil under impervious cap ❑ or clean fill ❑ ❑ Describe cap or fill: © Confer with NC BF Project Manager if Brownfield Plat must be revised (or re -recorded if actions are Post -Recordation). © GPS the location and provide site map with final location. ❑ Other, please provide a description of the measure: 4) Please describe the following action(s) to betaken during and following excavation and management of site soils: If soils are to be redistributed on the site, near the creek bed, the Division of Water Resources (DWR) may be contacted to determine the allowable concentrations for placement within the creek bed. Management of fugitive dust from site ® Yes, describe the method will include: Soils that are dry and have the potential to migrate through air from the site will be managed in accordance with typical construction practices. This usually involves a periodic light application of water to moisten soils and reduce airborne dust. ❑ No, explain rationale: Field Screening of site soil ® Yes, describe the field screening method, frequency of field screening, person conducting field screening: During soil disturbance, soils will be observed for discoloration, odor, or other evidence of potential contamination. Should the above be noted during site work, the contractor will contact the project environmental professional to observe the suspect condition. If the project environmental professional confirms that the material may be impacted (by observations or by screening with a PID or organic vapor analyzer [OVA]), then soil samples will be collected and analyzed for VOCs, SVOCs, RCRA Metals, and Manganese (refer to soil sample collection section below) as provided in Part 9 (Contingency Plan). In addition, the NCDEQ Brownfields Project Manager will be contacted within 48 hours to advise them of the condition. ❑ No, explain rationale: Soil Sample Collection EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 © Yes, describe the sampling method (e.g., in -situ grab, composite, stockpile, etc.): If, during grading, impacted soils are discovered, procedures for screening and sampling the soils will be implemented as described in Part 9 "Contingency for encountering unknown tanks, drums, or other waste materials." Based on previous site assessment activities and conceptual grading plans, it is unlikely that significant soil impacts will be encountered during the stream restoration activities. ❑ No, explain rationale: If soil samples are collected for analysis, please check the applicable chemical analytes: © Volatile organic compounds (VOCs) by EPA Method 8260 © Semi -volatile organic compounds (SVOCs) by EPA Method 8270 © Metals RCRA List (8) (arsenic, barium, cadmium, chromium, mercury, lead, selenium and silver): Specify Analytical Method Number(s): ❑ Pesticides: Specify Analytical Method Number(s): ❑ PCBs: Specify Analytical Method Number(s): © Other Constituents & Respective Analytical Method(s) (i.e. Hexavalent Chromium, Herbicides, etc.): Specify Analytical Method Number(s); Manganese by Method 6010. © Check to confirm that stockpiling of known or suspected impacted soils will be conducted in accordance with Figure 1 of this EMP. Stockpile methodology should provide erosion control, prohibiting contact between surface water/precipitation and contaminated soil, and preventing contaminated runoff. Explain any variances or provide additional details as needed: ❑ Final grade sampling of exposed native soil (i.e., soil that will not be under buildings or permanent hardscape). Select chemical analyses for final grade samples with check boxes below (check all that apply): ❑ Volatile organic compounds (VOCs) by EPA Method 8260 ❑ Semi -volatile organic compounds (SVOCs) by EPA Method 8270 ❑ Metals RCRA List (8) (arsenic, barium, cadmium, chromium, mercury, lead, selenium and silver): Specify Analytical Method Number(s): ❑ Pesticides: Specify Analytical Method Number(s): ❑ PCBs: Specify Analytical Method Number(s): ❑ Other Constituents & Respective Analytical Method(s) (i.e. Hexavalent Chromium, Herbicides, etc.): Please provide a scope of work for final grade sampling, including a diagram of soil EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 sampling locations, number of samples to be collected, and brief sampling methodology. Samples should be collected from 0-2 ft below ground surface, with the exception of VOCs which should be taken from 1-2 ft below ground surface. Alternatively, a work plan for final grade sampling may be submitted under separate cover. © If final grade sampling was NOT selected, please explain rationale: Final grade sampling will not be completed at the site because previous sampling activities have not detected impacted soils at the site and the Historic Stewart Creek Enhancement Project Phase III is not located near identified on -site contamination. After the bank grading is completed, the area will be landscaped, and the Historic Stewart Creek Enhancement Project Phase II is not designed for recreational purposes. Limited amounts of organic rich virgin topsoil from a commercial landscape material vendor if needed will be used in planters and in proposed landscape area. The PD does not intend to collect samples of virgin landscaping materials prior to placement on the Brownfields Property. Part 1.13 IMPORTED FILL SOIL NO SOIL MAY BE BROUGHT ONTO THE BROWNFIELDS PROPERTY WITHOUT PRIOR APPROVAL FROM THE BROWNFIELDS PROGRAM. According to the Brownfields IR 15, "Documenting imported soil (by sampling, analysis, and reporting in accordance with review and written approval in advance by the Brownfields Program), will safeguard the liability protections provided by the brownfields agreement and is in the best interest of the prospective developer/property owner." Requirements for importing fill: 1) Will fill soil be imported to the site? ................................................... ❑ Yes ® No ❑ Unknown 2) If yes, what is the estimated volume of fill soil to be imported? Not Applicable 3) If yes, what is the anticipated depth that fill soil will be placed at the property? (if a range of depths, please list the range.) Not Applicable 4) Provide the source of fill, including: location, site history, nearby environmental concerns, etc. Attach aerial photos, maps, historic Sanborn maps and a borrow source site history: Not Applicable. During grading for the Historic Stewart Creek Enhancement Project Phase III, soils along the creek will be moved from cut areas to fill areas. No soils will be imported to balance the site. 5) PRIOR TO ITS PLACEMENT AT THE BROWNFIELDS PROPERTY, provide a plan to analyze fill soil to demonstrate that it meets acceptable standards applicable to the site and can be approved for use at the Brownfields property. Not Applicable 6) Please check the applicable chemical analytes for fill soil samples (Check all that apply): EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 ❑ Volatile organic compounds (VOCs) by EPA Method 8260 ❑ Semi -volatile organic compounds (SVOCs) by EPA Method 8270 ❑ Metals RCRA List (8) (arsenic, barium, cadmium, chromium, mercury, lead, selenium and silver): Specify Analytical Method Number(s): ❑ Pesticides: Specify Analytical Method Number(s): ❑ PCBs: Specify Analytical Method Number(s): ❑ Other Constituents & Respective Analytical Method(s) (i.e. Hexavalent Chromium, Herbicides, etc.): 7) The scope of work for import fill sampling may be provided below or in a Work Plan submitted separately for DEQ review and approval. Attach specific location maps for in -situ borrow sites. If using a quarry, provide information on the type of material to be brought onto the Brownfields Property. Not Applicable; however, if fill soils are needed for the site from an off -site source, the soils will be imported from either the Martin Marietta quarry on Beatties Ford Road or the Vulcan quarry which have been approved as sources of imported soils by the NC Brownfields Program. Part 1.0 EXPORTED SOIL NO SOIL MAY LEAVE THE BROWNFIELDS PROPERTY WITHOUT APPROVAL FROM THE BROWNFIELDS PROGRAM. FAILURE TO OBTAIN APPROVAL MAY VIOLATE A BROWNFIELDSAGREEMENT CAUSING A REOPENER OR JEOPARDIZING ELIGIBILITY IN THE PROGRAM, ENDANGERING LIABILITY PROTECTIONS AND MAKING SAID ACTION POSSIBLY SUBJECT TO ENFORCEMENT. JUSTIFICATIONS PROVIDED BELOW MUST BE APPROVED BY THE PROGRAM IN WRITING PRIOR TO COMPLETING TRANSPORT ACTIVITIES. Please refer to Brownfields IR 15 for additional details. 1) If export from a Brownfields Property is anticipated, please provide details regarding the proposed export actions. Volume of exported soil, depths, location from which soil will be excavated on site, related sampling results, etc. Provide a site map with locations of export and sampling results included. According to the conceptual grading plan and cut/fill analysis, approximately 1,670 cubic yards of excess soil will be available on the stream restoration site, assuming the cut soils will be used as fill soils. If the excess soils are removed from the site, written approval from the NC Brownfields Program will be required for off -site disposal. Non -impacted soils, (determined by chemical analysis) will be exported to a landfill or possibly another Brownfields property as suitable fill, if needed, and approved by the Brownfields Program. 2) To what type of facility will the export Brownfields soil be sent? © Subtitle D/Municipal Solid Waste Landfill (analytical program to be determined by landfill) © Permitted but Unlined Landfill (i.e. LCID, C&D, etc.) Analytical program to be EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 determined by the accepting landfill. ❑ Landfarm or other treatment facility © Use as fill at another suitable Brownfields Property — determination that a site is suitable will require, at a minimum, that similar concentrations of the same or similar contaminants already exist at both sites, use of impacted soil will not increase the potential for risk to human health the environment at the receiving Brownfields property, and that a record of the acceptance of such soil from the property owner of the receiving site is provided to Brownfields. Please provide additional details below. ❑ Use as Beneficial Fill off -site at a non-Brownfields Property — Please provide documentation of approval from the property owner for receipt of fill material. This will also require approval by the DEQSolid Waste Section. Additional information is provided in IR 15. Please provide additional details below. 3) Additional Details: (if transfer of soil to another property is requested above, please provide details related to the proposed plans). To be determined. Part 1.13 MANAGEMENT OF UTILITY TRENCHES ❑ Install liner between native impacted soils and base of utility trench before filling with clean fill (preferred) ❑ Last out, first in principle for impacted soils (if soil can safely be reused onsite and is not a hazardous waste), i.e., impacted soils are placed back at approximately the depths they were removed from such that impacted soil is not placed at a greater depth than the original depth from which it was excavated. ❑ Evaluate whether necessary to install barriers in conduits to prevent soil vapor transport, and/or degradation of conduit materials due to direct impact with contaminants. ❑ If yes, provide specifications on barrier materials ❑ If no, include rationale here: Other comments regarding managing impacted soil in utility trenches: Although utility trenches are not planned as part of the Historic Stewart Creek Enhancement Project Phase III, concerns and methods for environmental handling of soils do not preclude nor modify any of the Occupational Safety and Health Administration (OSHA) requirements for worker safety incumbent upon contractors for regular site safety and trenching/excavation activities. OSHA requirements will dictate adjustments of the soil management methods where necessary regarding OSHA construction safety. EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 PART 2. GROUNDWATER — Please fill out the information below. 1) What is the depth to groundwater at the Brownfields Property? During environmental assessments conducted by MACTEC (2006) and PSI (2007), the depth to groundwater was measured at approximately 11 to 12 feet bgs in the monitoring wells located closest to Stewart Creek. None of the wells were located within the planned limits of the stream restoration project. Depth to groundwater is anticipated to be shallower near Stewart Creek. Grading activities could encounter groundwater at the site. 2) Is groundwater known to be contaminated by ® onsite ❑ offsite ❑ both or ❑ unknown sources? Describe source(s): On -site groundwater samples collected during 2006 and 2007 assessments contained PCE and vinyl chloride above their respective NCAC 2L groundwater standards. The groundwater impacts were detected in wells located near and up -gradient of the planned stream restoration boundaries. No groundwater sampling has been conducted within the planned stream restoration area of the site. 3) What is the direction of groundwater flow at the Brownfields Property? According to the 2007 Environmental Assessment, groundwater appears to be flowing southeast towards Stewart Creek from other portions of the site. 4) Will groundwater likely be encountered during planned redevelopment activities? ® Yes ❑ No If yes, describe these activities: According to the grading plan depicting cut and fill activities along the creek, it is likely that groundwater may be encountered during the Historic Stewart Creek Enhancement Project Phase III. Regardless of the answer; in the event that contaminated groundwater is encountered during redevelopment activities (even if no is checked above), list activities for contingent management of groundwater (e.g., dewatering of groundwater from excavations or foundations, containerizing, offsite disposal, discharge to sanitary sewer, NPDES permit, or sampling procedures). If groundwater is encountered during restoration activities, appropriate worker safety measures will be undertaken and groundwater will be allowed to re -infiltrate for approximately 24 hours, if it does not affect the construction schedule. No soil will be added to the excavation during that time period. If the construction schedule is affected or accumulated water remains in an excavation after allowing time to re -infiltrate, samples of the accumulated water will be collected and analyzed for VOCs, SVOCs, RCRA Metals, and Manganese to determine if contaminants are present. Accumulated water that contains contaminants above NCAC 2B Surface Water Standards will be containerized and disposed at an off -site permitted facility. Accumulated water that does not contain contaminants above NCAC 2B Surface Water Standards will be managed on the site or discharged to surface water or the storm sewer in accordance with municipal, state, and federal requirements. 5) Are monitoring wells currently present on the Brownfields Property? .................. El Yes ® No EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 Monitoring wells that were sampled previously on the site have apparently been abandoned in accordance with NCDEQ regulations. Other groundwater samples were collected from soil borings. If yes, are any monitoring wells routinely monitored through DEQ or other agencies?............................................................................................................. ❑ Yes ❑ No 6) Please check methods to be utilized in the management of known and previously unidentified wells. ❑ Abandonment of site monitoring wells in accordance with all applicable regulations. It is the Brownfields Program's intent to allow proper abandonment of well(s) as specified in the Brownfields Agreement, except if required for active monitoring through another section of DEQ or the EPA ❑ Location of existing monitoring wells marked ❑ Existing monitoring wells protected from disturbance © Newly identified monitoring wells will be marked and protected from further disturbance until notification to DEQ Brownfields can be made and approval for abandonment is given. 7) Please provide additional details as needed: Please note, disturbance of existing site monitoring wells without approval by DEQ is not permissible. If monitoring wells are damaged and/or destroyed, DEQ may require that the PD be responsible for replacement of the well. PART 3. SURFACE WATER — Please fill out the information below. 1) Is surface water present at the property? © Yes ❑ No Stewart Creek traverses the eastern boundary of the property flowing from generally north to south. The Historic Stewart Creek Enhancement Project Phase III will not alter the location of Stewart Creek. 2) Attach a map showing the location of surface water at the Brownfields Property. 3) Is surface water at the property known to be contaminated? ❑ Yes ® No Surface water samples have not been collected from Stewart Creek as part of past assessment activities; however, impacted groundwater was detected in monitoring wells located up -gradient and near Stewart Creek. 4) Will workers or the public be in contact with surface water during planned redevelopment activities? ©Yes ❑ No The project involves restoration of Stewart Creek including stream bank grading and placement of rip rap boulders to control flow within the stream boundaries. Contact with surface water is EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 expected during the stream restoration activities. 5) In the event that contaminated surface water is encountered during redevelopment activities, or clean surface water enters open excavations, list activities for management of such events (e.g. flooding, contaminated surface water run-off, stormwater impacts): No encountering of contaminated surface water is anticipated based on previous surface water sampling results and current restoration plans. Excavations and trenches in areas where potentially impacted soils could be encountered and near property boundaries shall be graded, bermed, or provided with an equivalent barrier, where necessary, to help prevent stormwater from entering excavations and stormwater run-off from leaving the site boundaries. If stormwater or water from an unidentified source collects in excavation areas, appropriate worker safety measures will be undertaken and water will be allowed to infiltrate for approximately 24 hours unless it affects the construction schedule. If the construction schedule is affected or accumulated water remains in an excavation after allowing time to infiltrate, samples of the accumulated water will be collected and analyzed for VOCs (EPA Method 8260), SVOCs (EPA Method 8270), RCRA Metals, and Manganese. Accumulated water that contains contaminants above NCAC 2B Surface Water Standards will be containerized and disposed at an off -site permitted facility. Accumulated water that does not contain contaminants above NCAC 2B Surface Water Standards will be managed on the site or discharged to surface water or the storm sewer in accordance with municipal, state and federal requirements. PART 4. SEDIMENT— Please fill out the information below. 1) Are sediment sources present on the property? ® Yes ❑ No 2) If yes, is sediment on the property known to be contaminated? ❑ Yes ® No 3) Will workers or the public be in contact with sediment during planned redevelopment activities? ® Yes ❑ No The project involves restoration of Stewart Creek including stream bank grading and placement of rip rap boulders to control flow within the stream boundaries. Contact with sediments in the creek is expected during the stream restoration activities. 4) Attach a map showing location of known contaminated sediment at the property. 5) In the event that contaminated sediment is encountered during redevelopment activities, list activities for management of such events (stream bed disturbance): During disturbance of sediments in the creek, the removed materials will be observed for discoloration, odor, or other evidence of potential contamination. Should the above be noted during site work, the contractor will contact the project environmental professional to observe the suspect condition. If the project environmental professional confirms that the material may be impacted (by observations or by screening with a PID or organic vapor analyzer [OVA]), then soil samples will be collected and analyzed for VOCs, SVOCs, RCRA metals, PCBs, and Manganese as provided in Part 9 (Contingency Plan). In addition, the NCDEQ Brownfields Project Manager will be contacted within 48 hours to advise them of the condition. EMP Version 2, June 2018 16 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 PART 5. SOIL VAPOR — Please fill out the information below 1) Do concentrations of volatile organic compounds at the Brownfields property exceed that following vapor intrusion screening levels (current version) in the following media: IHSB Residential Screening Levels: Soil Vapor ............ ❑ Yes ❑ No © Unknown Groundwater ...... ❑ Yes ❑ No ® Unknown IHSB Industrial/Commercial Screening Levels: Soil Vapor ............ ❑ Yes ❑ No ® Unknown Groundwater ...... ❑ Yes ❑ No ® Unknown 2) Attach a map showing the locations of soil vapor contaminants that exceed site screening levels. Soil vapor samples have not been collected at the site. 3) If applicable, at what depth(s) is soil vapor known to be contaminated? Not Applicable 4) Will workers encounter contaminated soil vapor during planned redevelopment activities? ❑ Yes ❑ No ©Unknown 5) In the event that contaminated soil vapor is encountered during redevelopment activities (trenches, manways, basements, or other subsurface work), list activities for management of such contact: If contaminated soil vapors are detected during stream restoration grading activities, the project environmental professional will be notified to assess the presence of the vapors with a PID. If vapors do not readily dissipate, soil samples may be obtained and analyzed for VOCs and SVOCs to evaluate the source of the vapors and appropriate worker safety measures will be employed (such as fans) to allow the workers to safely complete their work. In addition, the NCDEQ Brownfields Project Manager will be contacted within 48 hours to advise them of the condition. PART 6. SUB -SLAB SOIL VAPOR — Please fill out the information below if existing buildings or foundations will be retained in the redevelopment. 1) Are sub -slab soil vapor data available for the Brownfields Property? ❑ Yes © No ❑ Unknown 2) If data indicates that sub -slab soil vapor concentrations exceed screening levels, attach a map showing the location of these exceedances. 3) At what depth(s) is sub -slab soil vapor known to be contaminated? ❑ 0-6 inches ❑ Other, please describe: There is no evidence that sub -slab vapor sampling was conducted on the site. EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 4) Will workers encounter contaminated sub -slab soil vapor during planned redevelopment activities? ❑ Yes ❑ No © Unknown 5) In the event that contaminated soil vapor is encounter during redevelopment activities, list activities for management of such contact If contaminated soil vapors are detected during stream restoration grading activities, the project environmental professional will be notified to assess the presence of the vapors with a PID. If vapors do not readily dissipate, soil samples may be obtained and analyzed for VOCs and SVOCs to evaluate the source of the vapors and appropriate worker safety measures will be employed (such as fans) to allow the workers to safely complete their work. In addition, the NCDEQ Brownfields Project Manager will be contacted within 48 hours to advise them of the condition. PART 7. INDOOR AIR — Please fill out the information below. 1) Are indoor air data available for the Brownfields Property? ❑ Yes ® No ❑ Unknown 2) Attach a map showing the location(s) where indoor air contaminants exceed site screening levels. 3) If the structures where indoor air has been documented to exceed risk -based screening levels will not be demolished as part of redevelopment activities, will workers encounter contaminated indoor air during planned redevelopment activities? ❑ Yes © No ❑ Unknown 4) In the event that contaminated indoor air is encountered during redevelopment activities, list activities for management of such contact: See Contingencies section if contaminated soil vapor is encountered during stream restoration activities. VAPOR INTRUSION MITIGATION SYSTEM — Please fill out the information below. Is a vapor intrusion mitigation system (VIMS) proposed for this Brownfields Property? ❑ Yes © No ❑ Unknown If yes, ❑ VIMS Plan Attached or ❑ VIMS Plan to be submitted separately If submitted separately, provide date: VIMS Plan shall be signed and sealed by a NC Professional Engineer If no, please provide a brief rationale as to why no vapor mitigation plan is warranted: A vapor mitigation system has not been deemed necessary for the Historic Stewart Creek Enhancement Project Phase III addressed in this EMP. EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 CONTINGENCY PLAN — encountering unknown tanks, drums, or other waste materials In this section please provide actions that will be taken to identify or manage unknown potential new sources of contamination. During redevelopment activities, it is not uncommon that unknown tanks, drums, fuel lines, landfills, orother waste materials are encountered. Notification to DEQ Brownfields Project Manager, UST Section, Fire Department, and/or other officials, as necessary and appropriate, is required when new potential source(s) of contamination are discovered. These Notification Requirements were outlined on Page 1 of this EMP. Should potentially impacted materials be identified that are inconsistent with known site impacts, the DEQ Brownfields Project Manager will be notified and a sampling plan will be prepared based on the EMP requirements and site -specific factors. Samples will generally be collected to document the location of the potential impacts. Check the following chemical analyses that are to be conducted on newly identified releases: © Volatile organic compounds (VOCs) by EPA Method 8260 © Semi -volatile organic compounds (SVOCs) by EPA Method 8270 © Metals RCRA List (8) (arsenic, barium, cadmium, chromium, mercury, lead, selenium, and silver) ❑ Pesticides: Specify Analytical Method Number(s): ❑ PCBs: Specify Analytical Method Number(s): © Other Constituents & Analytical Method(s) (i.e. Hexavalent Chromium, Herbicides, etc.); Manganese by Method 6010. Please note, if field observations indicate the need for additional analyses, they should be conducted, even if not listed here. Please provide details on the proposed methods of managing the following commonly encountered issues during redevelopment of Brownfields Properties. There is a possibility that materials of unknown type (tanks, drums or impacted soils) could be present on the site. The worker and contractor must be able to recognize when conditions change at the site so conditions can be properly managed. In the event such conditions are encountered during site restoration activities, the environmental actions noted below will be taken. During soil disturbance, workers and contractors will observe soils for evidence of potential impacts. Evidence of potential impacts includes odors, soil discoloration, or discovery of a tank, drums, a drain field, or buried debris. Should any of the above be noted during site work, the contractor will contact the project environmental professional to observe the suspect condition. If the project environmental professional confirms that the material may be impacted, then the procedures below will be implemented. In addition, the NC Brownfields project manager will be contacted within 48 hours of discovery. If evidence of potential soil impacts is encountered during grading and/or the installation or removal of EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 utilities, excavation will proceed only as far as needed to allow grading and/or construction of the utility to continue and/or only as far as needed to allow alternative corrective measures to be taken. Suspect soil excavated during grading and/or utility installation or removal may be stockpiled and covered in a secure area on the site to allow construction to continue. Suspect soil will be underlain by and covered with minimum 10-mil plastic sheeting. At least one representative sample of the soil will be collected for analysis of VOCs by EPA Method 8260B, SVOCs by EPA Method 8270D, and PCBs. Soil sampled in accordance with the preceding paragraph will be managed in the manner described below based on laboratory analyses: 1) If detectable levels of compound are found that do not exceed DEQ IHSB Industrial/Commercial PSRGs at the site (or, for metals, levels that are consistent with site -specific naturally occurring concentrations) and the TCLP concentrations (if applicable) are less than hazardous waste criteria, then the soil may be used on the site as fill without conditions. 2) If detectable levels of compounds are found that exceed NCDEQ IHSB Industrial/Commercial PSRGs at the site (or, for metals, levels that exceed site -specific naturally occurring concentrations) and the TCLP concentrations (if applicable) are less than hazardous waste criteria, then the soil, with NCDEQ's written approval, may be used on the sites as fill below an impervious surface or two feet of clean fill. 3) Soil may be transported to a permitted facility such as a landfill provided that the soil is accepted at the disposal facility. 4) If excavation of impacted soil occurs, confirmation sampling will be conducted for purposes of recording areas of impacts remaining at the site. It is anticipated that confirmation samples will be collected at regular intervals along the base and sidewalls of a given excavation. Base samples will not be collected if the estimated groundwater elevation is within 1.5 feet of the excavation floor. The confirmation samples will be analyzed for VOCs and SVOCs. Underground Storage Tanks: If USTs are discovered on the site during construction activities and impacts uniquely associated with a UST release are identified, the UST and petroleum -impacted soil will be analyzed for Total Petroleum Hydrocarbons (Diesel/Gasoline Range Organics) as required by the NCDEQ UST Section. If exceedances in the soils occur, work will be stopped in the area and coordination with the NC Brownfields Program Project Manager will be conducted for further regulatory requirements. If a drum is encountered during construction, the contents will be identified by the contractor, and if appropriate, the contents of the drum profiled and disposed at a permitted facility. The protocols noted above for soils will be followed for areas near any drums that are encountered. If buried piping is encountered and must be removed to allow construction to proceed, the contractor will inspect the pipe for fluids, collect and sample fluids where appropriate, and look for evidence of a release using field screening methods (visual and olfactory). If a release is suspected, NCDEQ will be contacted to discuss the appropriate course of action. Sub -Grade Feature/Pit: EMP Version 2, June 2018 20 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 If a sub -grade feature, structure, or pit is encountered during construction, it will be inspected for the presence of waste fluids. If waste fluids are present, they will be removed, profiled and disposed at a permitted facility by the contractor. If the structure does not require removal for construction purposes, it will be filled with soil or suitable fill and construction will proceed. Where appropriate, the bottom may be penetrated before backfilling to prevent rainwater accumulation. If waste is present, the waste will be set aside in a secure area, sampled as required by the NC Brownfields Program and disposed at an off -site location. The NC Brownfields Project Manager will be contacted regarding the discovery of a sub -grade feature or pit. If a concrete structure must be removed and the observed waste characteristics indicate the concrete may contain hazardous constituents, the concrete will be sampled and analyzed by methods specified by the disposal facility. Buried Waste Material: If landfilled material is encountered at the site during construction activities, the nature and extent of the buried material will be evaluated (e.g., by test pits) and NCDEQ will be notified to discuss the appropriate course of action. Site debris will be segregated as needed, and disposed or recycled at an approved facility, or reused on the site as beneficial fill. Re -Use of Imoacted Soils On -Site: During grading for the stream restoration project, soils along the creek will be moved from cut areas to fill areas. We do not anticipate encountering impacted soils at the site. If unknown, impacted soil is identified on -site, management on -site can be considered after the project team provides the necessary information, outlined in Part 1.A Item 11, for Brownfields Project Manager approval prior to final placement on -site. If other potential contingency plans are pertinent, please provide other details or scenarios as needed below: POST -REDEVELOPMENT REPORTING ❑X Check this box to acknowledge that a Redevelopment Summary Report will be required for the project. If the project duration is longer than one year, an annual update is required and will be due by January 31 of each year, or 30 days after each one-year anniversary of the effective date of this EMP (as agreed upon with the Project Manager). These reports will be required for as long as physical redevelopment of the Brownfields Property continues, except that the final Redevelopment Summary Report will be submitted within 90 days after completion of redevelopment. Based on the estimated construction schedule, the first Redevelopment Summary Report is anticipated to be submitted in January 2021. The Redevelopment Summary Report shall include environment -related activities since the last report, with a summary and drawings, that describes: actions taken on the Brownfields Property; soil grading and cut and fill actions; methodology(ies) employed for field screening, sampling and laboratory analysis of EMP Version 2, June 2018 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 environmental media; 4. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). ❑X Check box to acknowledge consent to provide a NC licensed P.G. or P.E. sealed, Redevelopment Summary Report in compliance with the site's Brownfields Agreement. EMP Version 2, June 2018 22 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 APPROVAL SIGNATURES Brownfields Project Number: 14010-10-060 Brownfields Project Name: Wampler-Longacre Site (Wesley Village II) —DocuSigned by: 9/15/2020 Prospective Developer: Mecklenburg County Date: Printed Name/Title/Company: Leslie Johnson / Assistant County Manager Consultant`,Terracon Consultants Inc. September 30, 2020 Date: Printed Name/Title/Company: Christopher L. Corbitt / Senior Geologist on behalf of Joselyn Harriger Apr 15, 2020 Brownfields Project Manager: Joselyn Harriger Date: EMP Version 2, June 2018 23 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 Figure 1 NCBP Diagram for Temporary Containment of Impacted or Potentially Impacted Soil Cross -Section View Top Plastic Cover Sheeting: Underliner: 1 layer, minimum of 10 (1 Layer, minimum: 10 mil thick) mil thick plastic Berm (Straw bales, Weight composted earth, etc.) (If plastic cover used) Land � INVC:oEam"inated Surface Map View Straw Bale Berm Weight D O ■ Contaminated Soils ■ ■ o Plastic Sheeting Note: Adapted from NC DEQ UST Section "Guidelines for Ex Situ Petroleum Contaminated Soil Remediation" dated December, 1, 2013 EMP Version 2, June 2018 24 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 Welch, McKhenzy A From: Roberts, Stephanie <Stephanie.Roberts@mecklenburgcountync.gov> Sent: Monday, April 13, 2020 4:24 PM To: Welch, McKhenzy A Cc: Wilhelm, Will; Maschoff, Jake Subject: RE: [External]EMP finalizing Yes. We will be completing a stream project on the properties listed below. From: Welch, McKhenzy A <Mckhenzy.Welch@terracon.com> Sent: Monday, April 13, 2020 4:15 PM To: Roberts, Stephanie <Stephanie.Roberts@mecklenburgcountync.gov> Cc: Wilhelm, Will <Will.Wilhelm@kimley-horn.com>; Maschoff, Jake <Jake.Maschoff @kimley-horn.com> Subject: [External]EMP finalizing CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Afternoon, Can you respond to this email acknowledging that you, the property developer, are aware of the generation of the EMPs and upcoming redevelopment work commencing at the Classic Coffee, Wesley Village Il, and Radiator Specialty sites? (per NCDEQ's request). A copy of this will be included in the EMP. McKhenzy Welch, CPESC Terracon Consultants, Inc P 980-938-7436 1 M 704-430-3174 Terracon provides environmental, facilities, geotechnical, and materials consulting engineering services delivered with responsiveness, resourcefulness, and reliability. Private and confidential as detailed here (www.terracon.com/disclaimer). If you cannot access the hyperlink, please e-mail sender. v1� y 4� ,� .. SOZB......... �,.,•a F a;, q,aoo� w,Pd.,a„�� UjOHK<Aajwr � � zWnero "� 71190aaUKVNVId NOIi.�R2IJ.SNOR aoA iou �� __ —.. 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Vinyl Chloride .. GP•2 • PAN. NOD VDC. Viltlyl Chloride 4,36 u.gll PpH; ND • GP'=5 ��M • VOC: A,ceto_ne.. • • = Proposed B0 ing locations •=formerMoIli Corill Well Locations IIOC:cis 1,2 DCE:•3.2ug/I H. ND GP-1 _ - -• IL VDC, cis-1,2-DCE; 6.18 ug71 - PpH. ND - Project Name: Not to scale, locations are approximate Proposed Wesley Village Mix Use Development 2000 and 2024 Thrift Road Figure 4 Charlotte, Mecklenburg County, North Carolina Groundwater Concentration Map DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 FOR REGISTRATION Fredrick EER OF1DEEDS 201715EP 28 County BK:32154 PG:632-634 INSTRUMENT # $620017131613 !�Ip�Nlif3pldl YLORD � Returned to customer TAX CODE #: 07104116 ADDRESS: 4116 Thrift Rd Charlotte, NC 28208 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG STORM WATER EASEMENT THIS GRANT OF EASEMENT is made this�Uday of 2017, by and between BR WESLEY VILLAGE II LLC (hereinafter referred to as GRANTOR), and MECKLENBURG COUNTY, a political subdivision of the State of North Carolina, hereinafter called "GRANTEE". The designation GRANTOR and GRANTEE, as used herein, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. GRANTOR is the owner of that land described in an instrument recorded in Deed Book 31631 at Page 687 in the Mecklenburg Public Registry, and commonly known by the address shown above ("Premises"). Said GRANTOR, in consideration of the mutual covenants, terms and conditions, hereby grants and conveys to said GRANTEE an easement across the Premises having a width of 50 feet as measured from the top of bank of the storm drainage facilities as installed or improved, and commonly known as Stewart Creek ("Easement Area") for the purpose of laying, constructing, reconstructing, operating and maintaining storm drainage facilities. This Storm Water Easement replaces in its entirety any Right of Way Agreement previously granted to Mecklenburg County by the Grantor of this Storm Water Easement, or by his/her/ or its predecessor in title, with respect to the area covered by both the old Right of Way Agreement and this new Storm Water Easement drawn by and return to: Mecklenburg County Storm Water Services 2145 Suttle Avenue Charlotte, NC 28208 DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 sd The following rights are also granted to GRANTEE: to enter said Premises to inspect said storm drainage facilities, to perform necessary maintenance and repairs, and to make alterations and additions thereto; to obtain samples of storm waters from time to time for testing purposes; to remove from the Easement Area, now or at any time in the future, trees, structures, or other obstructions that may endanger the proper maintenance and operation of said storm drainage facilities, except for the following pre-existing items: TO HAVE AND TO HOLD the Easement Area hereinbefore described unto the GRANTEE, its successors and assigns, for the aforesaid uses and purposes and none other. It is understood and agreed by and between the parties hereto that the GRANTEE shall have the right of ingress, egress, and regress over and upon any lands of the GRANTOR adjacent toor in the vicinity of the Premises as may be essential to the use thereof for the aforesaid purposes, and no entry for such purposes shall be deemed a trespass. Any damage which may occur outside the Easement Area to fences, buildings, or other structures resulting from the GRANTEE's exercise of the right of ingress, egress, and regress shall be repaired by the GRANTEE. It is further understood that the GRANTOR shall erect no permanent structure of any kind within, over or across this Easement Area; provided, however, GRANTOR shall be permitted to erect removable items Subsequent to Grantor receiving a General Floodplain Development Permit, . For purposes of this Easement, permanent structure includes, but is not limited to: buildings including sheds, walls, and other masonry structures, tennis courts, and swimming pools. The GRANTOR shall not attempt to block or otherwise impede the natural flow of water, pollute the surface water, or remove the function of the channel as a restored or improved stream (including cutting, removing, mowing, or destructing any vegetation within the Easement Area. This Easement is given to permit the construction, reconstruction, operation and maintenance of storm drainage facilities to be installed. The GRANTEE has the right to maintain the storm drainage facilities it installs, but has no liability for any failure to do so. Improvement to existing facilities or installation of new facilities does not guarantee that the Premises will be free of all flooding and/or erosion. No work performed by GRANTEE is warranted to keep the Premises free of water. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its dul �ltthor' zed officers and its seal to be hereto affixed by authority of its Board of Directors, thi67 day of , 2017. [Signatures on following page] 1W DocuSign Envelope ID: 97CDEFC1-0960-4342-894F-C9BAEBDB9D02 Name Name Name Name State of New York ss County of � ) '3 11 (SEAL) Date (SEAL) (SEAL) Date (SEAL) On the 20 day ofs�i the year��before me, personally came to me known, who, being by me duly sworn, that e/she/they is (are) the of y.ae f. � , the described M and khich executed the above in trum nt; and that he/she/they signed his/her/their name(s) thereto by authority of the �,% 414o Ax of said UGC -4&j& Notary Public DALE POZZI NOTARY PUBLIC -STATE OF NEW YORK No.01PO6275397 Qualified In New York County My Commission Expires fit-904921