14006 Classic Coffee _EMAIL Violations 20231205

From:Minnich, Carolyn
To:Victor Kung
Cc:Thompson, Jordan L; Hardison, Sarah; Nicholson, Bruce; Slaughter, Kevin; Peacock, David; Wahl, Tracy
Subject:14006 Classic Coffee Brownfields Property Violations
Date:Tuesday, December 5, 2023 9:39:00 AM
Attachments:Site Inspection Report.pdf
Dear Mr. Victor Kung,
On Thursday, November 28, 2023, Mr. Kevin Slaughter from the Brownfields Redevelopment Section
(BRS) visited the Classic Coffee Brownfields Property located at 1016 & 1024 Montana Drive in
Charlotte for purposes of a brownfields inspection. As the Prospective Developer (PD) listed in the
Brownfields Agreement and the owner of record of the Brownfields Property, DEQ is making you
aware of the results of that inspection. During the Site inspection, it was noted that interior slab
disturbance/soil movement had occurred recently without prior DEQ knowledge, which is a violation
of Land Use Restriction (LUR) Number 4:
LUR 4: No activity that disturbs soil on the Brownfields Property under the buildings depicted on the
plat component of the Notice of Brownfields Property ("Notice"), may occur unless and until DEQ
states in writing, in advance of the proposed activity, that said activity may occur if carried out
along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable
for the uses specified in the Notice while fully protecting public health and the environment, except:
for emergency repair of underground infrastructure, provided that DEQ shall be given written notice
(if only by email) of any such emergency repair no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken.

To correct this LUR violation, the following actions will need to occur within the next 30 days on the
Brownfields Property:
1. Stockpiled soil in the northeastern portion of the building must be removed and disposed ofproperly off site at municipal solid waste landfill. Provide documentation to BRS on volumeand final disposal location.2. Submit a plan for closing/repairing open trenches and confirmation vapor sampling followingrepairs to BRS for review/approval prior to completing the work. The work plan shall besigned and sealed by a North Carolina licensed Professional Engineer (PE) and should include:a. Closure/sealing methods for trenchesb. Vapor mitigation considerations. For vapor concerns, there is a significant risk that theinstalled trenches could act as a preferential pathway for vapor intrusion, increasingthe risk to site occupants. To address this concern, the sealing PE shall either 1) submitplans to install vapor barriers within open trenches prior to sealing or 2) providereasonable justification that the installed trenches will not act as a preferential vaporpathway. c. Vapor intrusion assessment to be completed following actions outlined in 2.a and 2.babove. Vapor assessment shall include sub-slab and indoor air sampling todemonstrate that repairs to the trenches have not created an indoor air risk for tenantsthroughout the building.d. Following review/approval of the work plan, the work shall be completed throughoversight of the sealing professional engineer. A summary report documenting repairsand confirmation sampling shall be submitted to DEQ for review/approval prior tooccupancy of the repaired tenant space.
Additionally, a second LUR violation may be imminent without immediate action on your part as the
PD/owner: Based on the site inspection, the planned reuse for the tenant upfit space is a
commissary that includes the preparation and retail sales of food/beverages. This is not an approved
use under the current definitions outlined in LUR 1:
LUR 1: No use may be made of the Brownfields Property other than for industrial, office, retail, and, if
the Department of Environmental Quality ("DEQ") issues prior written approval, other commercial
uses. For purposes of this restriction, the following definitions apply.
a. "Industrial" refers to the assembly, fabrication or processing of goods or materials.
b. "Office" refers to the rendering of business or professional services.
c. "Hotel" refers to the provision of overnight lodging to paying customers, and to
associated reservation, cleaning, utilities and on-site management and reception services
However, this reuse could certainly be contemplated as a “commercial” reuse as outlined in the LUR
that requires prior written approval. In order to have a commissary considered for approval, a
written request will need to be submitted to DEQ documenting the exact planned reuse for
consideration.

The third violation is failure to submit annual Land Use Restrictions Update (LURU) forms for 2022
and 2023.

Mr. Slaughter’s site inspection report is attached to this email for reference. I recommend we set up
a virtual TEAMS meeting to review the issues above. Are you available Friday. Or I am free most
mornings 8-9 am.

Thank you for your prompt response and working to correc these violations. Please contact me at
704-661-0330 or email [e-mail] to set up a meeting and discuss further.

Sincerely,

Carolyn Minnich
Project Manager, Brownfields Redevelopment Section
North Carolina Department of Environmental Quality
704-661-0330
[e-mail]

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