22081_PE Valve Mfg_RFR BPA (2)

Standard and Redevelopment Now Track
Brownfields Property Application
North Carolina Brownfields Program
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I. PROSPECTIVE DEVELOPER(PD) CONTACT INFORMATION
{USE TAB KEY TO GET TO NEXT DATA ENTRY LINE — DO NOT USE THE RETURN KEY}
A. Prospective Developer
ENTITY NAME
CAMPUS AT SWEETEN CREEK, LLC
ENTITY MANAGER
n William L. Chambers
MAILING ADDRESS
10-B Yorkshire Street, Asheville, NC 28803
EMAIL ADDRESS
Cfiick. or t, p her o ear f�t.e'd,
PHONE NUMBER
[phone]
FAX NUMBER
rl
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WEBSITE
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PD CONTACT IF DIFFERENT FROM ABOVE
REPRESENTATIVE
Cli k or tap f er a to enber teat.
EMAIL ADDRESS
Click or tale here to enter text.
PHONE NUMBER
C.lickor talc here to e '.ter text:
B. Environmental Consultant (if applicable)
COMPANY NAME
ECS SOUTHEAST LLP
PROJECT MANAGER
James C. Bevers, PE
MAILING ADDRESS
1900 Hendersonville Road, #10, Asheville, NC 28803
EMAIL ADDRESS
[e-mail]
PHONE NUMBER
[phone]
FAX NUMBER
Click or tap he-rt, to en fcxi,
WEBSITE
www.ecslimited.com
C. Environmental Attorney (if applicable)
FIRM NAME
ROBERTS & STEVENS, PA
ATTORNEY NAME
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
William Clarke
PO Box 7647, Asheville, NC 28802
[e-mail]
[phone]
3 lic or t� -re to ents r text.
www.roberts-stevens.com
II. SITE INFORMATION
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A. Information regarding the proposed Brownfields Property:
HISTORIC NAME FORMER PE VALVE MANUFACTURING
(IF AVAILABLE)
STREET ADDRESS
CITY
COUNTY
ZIP CODE
TAX ID(S) OR PINS)
ACREAGE
PAST USE(S)
CURRENT USE(S)
CONTAMINANTS AND
THEIR SOURCE(S)
1140 Sweeten Creek Road
Asheville
Buncombe
28803
965721823600000
1.63
Textile Manufacturing & Valve Manufacturing
Vacant
R On -property source(s)
Explanation: Former textile operations on site.
❑ Off -property source(s)
Explanation k or tap be --titer to
❑ Unknown source(s)
Explanation: 1 d4,_ or tap laeLLe to enter tz Lit.
❑ Contaminants have not yet been documented at the property
Explanation: Click or La text,
B. Contaminated Media Table. (If known or suspected, check appropriate boxes below:
Contaminant
Soil
Groundwater
Surface
Private Wells
Vapor
Types
Water
Intrusion
Chlorinated
❑ Known
® Known
❑ Known
❑ Known
❑ Known
c
Solvents:
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
_
Petroleum (i.e.
❑ Known
❑ Known
❑ Known
❑ Known
❑ Known
�•
BTEX, PAHs):
:
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
y
Other
❑ Known
❑ Known
❑ Known
❑ Known
❑ Known
VOCs/SVOCs:
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
® Known
❑ Known
❑ Known
❑ Known
c
Metals:
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
❑ Known
❑ Known
❑ Known
❑ Known
❑ Known
El Suspected
Mercury:
❑ Suspected
❑ Suspected
❑ Suspected
❑Suspected
r y
C. 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 L""ERCLIS numbers, RCRA generator numbers for past
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and present operations, UST database, Divison ot"Vv""g- Ouality's incidentnnanage-nient
database, and/or Inactive Hazardous Sias Bra -rich inventory 1111mb--1 (In many instances, the PD
lyl I
will need to actively seek out this information by reading environmental site assessment reports,
reviewing governmentfiles, contacting government officials, and through the use ofgovernment
databases, many ofwhich may be available over the internet.)
*To add additional items, select the + in the bottom right corner of the table.
REGULATORY AGENCY FACILITY/INCIDENT NUMBER
CIF100SE AN ITEM.
(_'11,ck or tap here to enter text,
Ill. PROPOSED REDEVELOPMENT
A. What are the planned use(s) of the redeveloped brownfields property to which the PD
will commit?
PROPOSED REUSE
0 INDUSTRIAL
0 OFFICE
El PARKING
Z RETAIL
0 WAREHOUSING
COMMERCIAL
MULTI -FAMILY
RESIDENTIAL
i.e. condos & apartments; no single-family
or townhomes
0 RECREATIONAL
0 INSTITUTIONAL
0 OTHER
DETAILS
i
(-Ilck- on- talp,; here. to tnite,;-
Click or tap here to enter text.
Click or tap here to enter text.
Chcic o� tap here to entef text.
Click or tap here to enter text.
hck of 1"ap here. to e-nacr text.
Click or tap here to enter text.
Cli.ck or taID he.'Le to ,,ntef text.
Click or tap here to enter text.
B. Check all of the public benefits that will result from the property's redevelopment.
0 JOB CREATION 0 TAX BASE 0 REVITALIZATION 0 PRESERVED
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❑ PRESERVED
HISTORIC PLACES
INCREASES OF BLIGHTED AREAS GREEN SPACE
❑ AFFORDABLE/
WORKFORCE
HOUSING
❑ ENVIRONMENTAL
CLEANUP ACTIVITIES
❑ EXPANDED USE OF
PUBLIC
TRANSPORTATION
❑ RENEWABLE ❑ PUBLIC ❑ DIRECTED ❑ CONSERVATION
ENERGY HEALTH RISK ' RESOURCES EASEMENT
REMEDIATION
Describe any additional public benefits below:
Potentially provide retail close to some low income neighborhoods in the vicinity.
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 encoura&ed. )
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 recy cling/reuse of old
building materials such as brick or wood.
Click or tip here to enter text.
IV. SITE MEETS STATUTORY BROWNFIELDS DEFINITION
(§NCGS.130A-310.3l.b Definition ofa `Brownfields Property" or `Brownfields Site')
A. Is the property abandoned, idled, or underused?
Explain: The building on the property has been taken down. The character of the neighborhood is
evolving from manufacturing to more commercial / retail.
B. Is future redevelopment hindered at the property?
Explain: Yes. Environmental issues at the property must be addressed prior to any sale.
C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale U. .G,S,
tgIl im
his c�zd�r�iez�:a that shows the location of the property, clearly plotted, and that
measures at least an 8 '/2 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? ❑X Yes
D. Survey Plat: PD must provide a preliminary survey plat of the property with the Proposed
Brownfields Property boundaries clearly identified. 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 commentphase of the brownfields process, the PD will be
required to submit a final brownfields survey plat which includes the information listed in the
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brownfields sa~�e1 uic.)
Is the required preliminary survey plat included with this application? 0 Yes
E. Legal Description: PD must provide a legal description with metes and bounds that matches the
Proposed Brownfields Property description on the plat.
Is the required preliminary legal description included with this application? © Yes
F. Site Photographs: PD must provide at least one pre -redevelopment photograph of the property,
in electronic format, that shows existing facilities and structures. Electronic copies of
photographs should be emailed to:ii(iy with a clear indication as
to which Brownfields Application they apply to.
Have electronic copies of the photographs been emailed to NCBP? N Yes
G. 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 in electronic format. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are any environmental reports/data being submitted with this application? ❑X Yes
Please provide the title, date and author of each item being submitted:
*To add additional items, 'select the + in the bottom right corner of the table.
Environmental Reports
Report Prepared by Date
Soil & Groundwater Assessment ECS Southeast, LLP October 11, 2018
Limited Phase II ESA Bunnell-Lammons Engineering March 8, 2010
Report of Brownfield Assessment ECS Southeast, LLP November 6, 2019
V. PD APPLICANT MEETS STATUTORY DEFINTION OF PROSPECTIVE
DEVELOPER
(§NCGS.130A-310.31.b Definition ofa `Prospective Developer')
A. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
CHOOSE AN ITEM.
NAME
PERCENT OF OWNERSHIP
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
CLICK OR TAB HERE TO ENTER TEXT.
Same as lA above.
100%
Click or Imp l <` re to enter
Click or tap here to enter text.
Click Or to mere, to enter: sex. .
Click or tap here to enter text.
B. 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.
William L. Chambers, Managing Member
C. List all parent companies, subsidiaries and other affiliates:
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PROPERTY OWNERSHIP
❑ PD OWNS PROPERTY
® PD DOES NOT OWN
PROPERTY
® PD HAS PROPERTY
UNDER CONTRACT
❑ PD DOES NOT OWN
OR HAVE THE
PROPERTY UNDER
CONTRACT
DATE OF PURCHASE 5_' n oA-r p to er za & . e,
CURRENT PROPERTY OWNER INFORMATION
NAME Click or tap here to enter text.
ADDRESS Click or tap here to enter texts
PHONE NUMBER Click or tap here to enter text.
EMAIL ADDRESS Click or tap here to enter text.
DATE OF CONTRACT Clic°l_ or tap o enter a date,
Choose an itein.
If other, explain: Click or tap here to enter text.
D. 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 atNCGS § 130A-310.31(b)(11) that have been used, stored on,
or otherwise present at the property while those activities were conducted, and explain how they
were used.)
Prior to PD owning the property, Jimmy Chakales operated a textile facility on the property
manufacturing socks. When PD acquired the property, it operated two businesses in the building. One
was called PE Valve. PE Valve made refrigeration valves. The other company was called PECO, and it
made vacuum systems for lawn and garden equipment. In 1974 DECO moved to another property
owned by PD. PE Valve remained in the building. In 1980, PD acquired property on Airport road and
built a building there. PECO moved to that building. PE Valve moved back into the property subject of
this Brownfields Agreement. PE Valve used a water soluble coolant called CimCool during its
operations at the facility. PD sold PE Valve in 2012, and the building was vacant. As a result of
vandalism (removal of copper wiring primarily), PD had the building taken down.
E. 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 usefor 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.)
Is the required affidavit, as described above, included with this application? © Yes
F. PD Entity is registered with the North Carolina Secretary of State office. © Yes
VI. PD APPLICANT'S STATUTORY DEMONSTRATIONS/ADMINSITRATIVE
REQUIREMENTS (§NCGS.130A-310.32(a) regarding demonstrations made by prospective
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developer.)
A. Current tax value of brownfields property: $433,100.00
B. Estimated capital investment in redevelopment project: $1,000,000.00
C. Does PD have or can it obtain the financial means to fully implement a Brownfields Agreement
and assure the safe reuse of the property? Submit, in hard copy under a separate cover, supporting
documentation such as letters of credit, financial statements, etc.
Answer Explanation Yes.
D. 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 Explanation Yes.
E. 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 Explanation Yes.
F. Does PD commit that it will comply with all applicable procedural requirements of the NCBP,
including prompt payment of all statutorily required fees? ❑N Yes
G. Has PD complied, if PD has had a prior project in the NCBP, with all applicable procedural
requirements of the NCBP, including prompt paymentof all statutorily required fees?
*To add additional items, select the + in the bottom right corner of the table.
PREVIOUS BROWNFIELDS PROJECTS
VII. FEES
To produce 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, subject to negotiation of the Brownfields
Agreement. There is a Standard Fee Option and a "Redevelopment Now" Fee Option. For more
details, see our web site, ww,ncbro1LI]eI -s o
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Select one of the following fee options below:
The Standard Fee Option
a. $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application and affidavit; 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.
❑X Please check this box and initial below to indicate your application is under the
Standard Brownfields fee structure. Fee will be invoiced.
Click or tap here to enter text,
Initial
Click or tale to enter a date.
Date of Submittal
The Redevelopment Now Fee Option
a. A $30,000 fee due with this application (fully refunded if not found to eligible).
b. A Signed Fee Consent Document.
❑ Please check this box and initial below to indicate your application is under the
Redevelopment Now Program Option and your acknowledgement of the alternate fee
structure as outlined in the Redevelopment Now Fee Consent Document. Fee should be
submitted with this application.
Click or tap here to enter text.
Initial
Click or tap to enter a date.
Date of Submittal
Other Potential Fees to be aware of in satisfaction of the statute:
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 for defraying costs to DEQ for addendum/modification.
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 as appropriate.
North Carolina Brownfields Program
Redevelopment Now
Fee ConsentDocument
I, the undersigned, am the authorized agent of Click or tap h erre to enter text. ("Prospective Developer"),
who seeks to engage the North Carolina Brownfields Program ("Program") to develop a Brownfields
Agreement underN.C.G.S. 130A-310.30, etseq. for the following property:
Historic Site Name:
Street Address:
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City: _
Zip Code:
County: _
Prospective Developer is herewith paying a $30,000.00 fee to the Program, by check payable to
"NCDEQ," in satisfaction of a Prospective Developer's obligations underN.C.G.S. 130A-310.39(a).
Prospective Developer understands that payment of this fee entitles Prospective Developer to
expedited Program review of technical documents and processing of a draft Brownfields Agreement
and ancillary documents regarding the project in question.
Prospective Developer further understands that payment of this fee in no way guarantees successful
completion of the Brownfields process regarding the project.
I understand that, pursuant to payment of the fees, the Program shall handle the subject project under
the Program's expedited processing provisions, with appropriate staff resources, so long as Prospective
Developer is engaging in the process in good faith and complying with the Program's procedures.
Should the Program determine that the resources required to complete the brownfields process in
regard to the subject project ever exceed the fee set forth herein due to unforeseen technical,
administrative, or regulatory complexities, the Program may (1) remove the project from the expedited
processing program and return it to standard processing status, or (2) expend resources it deems
reasonable seeking to negotiate an additional fee that the Program deems sufficient to complete the
Brownfields process in regard to the project.
Disclaimers:
1) The Program makes no promises or claims that payment of the subject fee will result in successful completion of the
Brownfields process regarding this project.
2) Public comment shall be solicited pursuant to N.C.G.S. 130A-310.34, and may affect the outcome of the Brownfields
process regarding this project, including without limitation its timing and/or provisions/features of the Brownfields
documents and plat.
Prospective Developer: Click or tap here to enter tez-C
Mailing Address ;Click or tap here to enter text,
By:
Name typed or printed: Click or tap here to enter test. Date Click or tap here to enter text.
Title typed or printed: Click or tap here to enter teat.
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: CAMPUS AT SWEETEN CREEK, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3130A-310.30, et. seq. ) AND COMPLIANCE
William L. Chambers, being duly swom, hereby deposes and says:
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1. I am Managing Member of Campus at Sweeten Creek, LLC
2. I am fully authorized to make the declarations contained herein and to legally bind Campus at
Sweeten Creek, LLC.
3. Campus at Sweeten Creek, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. § 130A, Article 9, Part 5 (Brownfields
Act), in relation to the following 965721823600000 parcel(s) in Asheville, Buncombe, County,
North Carolina: 1140 Sweeten Creek Road
4. I hereby certify, under the pains and penalties ofperjury and of the Brownfields Act, that
Campus at Sweeten Creek, LLC, and any parent, subsidiary or other affiliate meets the eligibility
requirements ofN.C.G.S. § 130A-310.31(b)(10), in that it has a bonafide, 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. 1 hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
Campus at Sweeten Creek, LLC meets the eligibility requirement of N.C.G. S. § 130A-
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 further saith not.
Signature/Printed Name William L. Chambers Date Click or tap here to enter te-xt.
Sworn to and subscribed before me .
this day of 6 -k ����9 , 20 '
Notary Public � t
ommission expires: , ! � / e zoa, `� ( AL)
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