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Home My WebLink About06001_Alamac_American_PCPackage_20060223) (P) PUBLIC COMMENT February 23, 2006 Subject: Dear Mr. Cabral: Please promptly effect signing, by the necessary persons on the Prospective Developer’s side of this transaction, of the Agreement and the documentary component of the Notice (note the need for notarization of the signature on that document) and file the documentary component of the Notice, with its three exhibits (Exhibit A, the Agreement; Exhibit B, the 8/2 by 11 reduction of the survey plat; and Exhibit C, the legal description of the Property), and the actual, full-sized survey plat, at the Iredell County Register of Deeds’ office. (N.C.G.S. § 130A- 310.35(b) requires filing of the Notice within 15 days of Prospective Developer’s receipt of DENR’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement, whichever is later.) Upon your filing of the Notice, the Register of Deeds is required by N.C.G.S. § 130A- 310.35(c) to record it and index it in the grantor index under the names of the owners of the land, and, if different, also under the name of the Prospective Developer. ROY COOPER ATTORNEY GENERAL Reply to Robert R. Gelblum Environmental Division (919) 508-8408 Fax: (919) 715-6358 rob.gelblum@ncmail.net Mr. Mark Cabral Alamac American Knits, LLC 1885 Alamac Road Lumberton, NC 28358 We are very pleased to be bringing the Brownfields Agreement process regarding the subject project to a successful conclusion. To that end, please find enclosed the Notice of Brownfields Property (Notice) for this Property, certified by the North Carolina Department of Environment and Natural Resources (DENR) via the signature of Linda M. Culpepper, Deputy Director of the Division of Waste Management, on both the notice’s documentary and plat components. The Brownfields Agreement (Agreement) for this Property, signed as well for DENR by Ms. Culpepper, is also enclosed. Conclusion of Brownfields Agreement Process Alamac American - Lumberton Statesville, Iredell County Brownfields Project Number 06001-02-78 State of North Carolina Department of Justice P. O. Box 629 RALEIGH 27602-0629 Yours truly, I Enclosures cc:Bruce Nicholson, DENR Lisa Taber Kobert R. Gelblum Special Deputy Attorney General Ms. Shirley Liggins N.C. Division of Waste Management Brownfields Program 401 Oberlin Road, Suite 150 Raleigh, NC 27605 Thank you for your attention to these final administrative matters, and also for your help during the course of completing the Brownfields Agreement process regarding this site. Pursuant to paragraph 23 of the Agreement, within three days after the Register of Deeds has recorded the Notice of Brownfields Property you must furnish DENR a copy of the documentary component of the Notice containing a certification by the Register of Deeds as to the Book and Page numbers where both the documentary and plat components of the Notice are recorded, and a copy of the actual, full-sized plat with notations by the Register of Deeds indicating its recordation. (Make sure that the exhibits to the documentary component of the Notice are attached to the certified copy you furnish DENR.) Please send these items to: ■ -_: 1 i 3 r r 5 3 L L £ 'I L r h^1 Set Your Set Your Ciacks BACK Hm’PY . BCRtH^AV [ NORTH CAROLINA IN THIS ISSU REGISTER 734 735 736 - 738 738 -740 828 - 829 November 15, 2005 830 831 831- 832 V.RULES REVIEW COMMISSION 833 -847 848 -852 853 - 860 This issue contains documents officially filed through October 24, 2005. Julian Mann HI, Director Camille Winston, Deputy Director Molly Masich, Director of APA Services Dana Sholes, Publications Coordinator Julie Brincefield, Editorial Assistant North Caroltr.jRegister is published semi-monthly for SI95 per year by the Office of .-\dnnnislnUivc Hearings. 424 North Blount Street, Raleigh. NC 27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh. NC. POSTMASTER: Send /Address changes to the North Carolina Register, 6714 Mail Service Center. Raleigh, NC 27699-6714. Volume 20, Issue 10 Pages 734 - 860 For the CUMULATIVE INDEX to the NC Register go to: http://renorts.oah.state nc.us/cumulati vclndcx.pl 787 - 796 783 - 786 786 - 787 796 - 828 779 - 783 740 - 779 Office of Administrative Hearings Rules Division 424 North Blount Street (27601) 6714 Mail Service Center Raleigh. NC 27699-6714 (919)733-2678 PAX (919) 733-3462 VI. CONTESTED CASE DECISIONS Index to ALJ Decisions Text of Selected Decisions 03 EHR 2201 IV. TEMPOR.ARY RULES Labor Labor/Mine and Quarry Bureau Environment and Natural Resources Wildlife Resources II. PROPOSED RULES Environment and Natural Resources Health Services ....... Wildlife Resources Health and Human Services MH/DD/SAS Labor Labor/Boiler and Pressure Bureau Licensing Boards Appraisal Board Funeral Services Podiatry Examiners Real Estate Commission State Personnel Commission ............................. III. EMERGENCY RULES Building Code Council ... I. IN ADDITION Insurance Brownfields Property Alamac American Knits, LLC INADDITION Alamac American Knits, LLC 20:10 November IS, 2005 SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environment and Natural Resources 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 NORTH CAROLINA REGISTER 735 Written public comments may be submitted to DENR within 60 days after the date this Notice is published in a newspaper of general circulation serving the area in which the brownfields property is located, or in the North Carolina Register, whichever is later. Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public comments begins. Thus, if Alamac American Knits, LLC, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public meeting regarding this project and for submitting written public comments will commence on November 16, 2005. All such comments and requests should be addressed as follows: Pursuant to N.C.G.S. § 13OA-310.34, Alamac American Knits, LLC has filed with the North Carolina Department of Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") in Lumberton, Robeson County, North Carolina. The Property consists of 194 acres and is located at 1885 Alamac Road. Environmental contamination exists on the Property in soil and groundwater. Alamac American Knits, LLC has committed itself to make no use of the Property other than for continued manufacturing of textile products. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and Alamac American Knits, LLC which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 13OA-310.35. The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Robeson County Library located at 101 North Chestnut Street, P.O. Box 988, Lumberton, NC, 28359 by contacting Mr. Robert Fisher at that address, at rfisher@robesoncountylibrary.com, or at (910)-738-4859; or at the offices of the North Carolina Brownfields Program (where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents), 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 by contacting Shirley Liggins at that address, at shirley.liggins@ncmail.net, or at (919) 508-8411. j To: John Wishart 910-618-22:11 Re: SNI-Alamac □AH ALAMAC HR From; Julie Brincefield Date: 10/20/05 Confirming receipt of the following; SNI Letter CopycfSNI SNI email Publictition in the upcoming November IS*1 NC Register Julie Bincefiejd 9197^3462 91^^2211 PAGE 01 PAGE 21 11/01/2005 16:09 11/01/2:005 13:48 To: Please return the fax addressed to me for confirmation. Thanks. Four pages including the cover. I ‘j - 733- Sending you a copy of the letter requesting publication of our SNI in the November 15, 2005 edition of the NC Register and a copy of the SNI. Julie Brincefield 919-733-3462 Re: SNI-Alamac From: John Wishart Date: 10/20/05 910-618-2428 Alamac American Knits LLC 1885 Alamac Road - P.O. Box 1347 - Lumberton, NC 28359-1347 October 20, 2005 Dear Julie, Sincerely, WishartJo Julie Brincefield North Carolina Register John E. Wishart Director of Employee Benefits I would appreciate your help in returning the fax addressed to me confirming you received this letter, faxed copy of the SNI, the SNI by email, and the upcoming publication of our SNI in the November 15, 2005 NC Register. Thanks for your assistance in this important project and please call me if you have any questions. Phone: 910-618-2428 Fax: 910-618-2211 I emailed the SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNSFIELDS PROPERTY (SNI) for Alamac American Knits, LLC to you this morning. Please publish the SNI in the November 15Ih edition of the North Carolina Register. a The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Robeson County Library located at 101 North Chestnut Street, P.O. Box 988, Lumberton, NC, 28359 by contacting Mr. Robert Fisher at that address, at rfisher@robesoncountylibrary.com, or at (910)-738-4859; or at the offices of the North Carolina Brownfields Program (where DENR will provide auxiliary aids and services for persons with disabilities who wish to review the documents), 401 Oberlin Rd., Suite 150, Raleigh, NC 27605 by contacting Shirley Liggins at that address, at shirley.liggins@ncmail.net, or at (919) 508-8411. Written public comments may be submitted to DENR within 60 days after the date this Notice is published in a newspaper of general circulation serving the area in which the brownfields property is located, or in the North Carolina Register, whichever is later. Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public comments begins. Thus, if Alamac American Knits, LLC, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summary in a newspaper of general circulation serving the area in which the brownfields property is located, and if it effects publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for submitting written requests for a public meeting regarding this project and for submitting written public comments will commence on November 16, 2005. All such comments and requests should be addressed as follows: Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environment and Natural Resources 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 Pursuant to N.C.G.S. § 130A-310.34, Alamac American Knits, LLC has filed with the North Carolina Department of Environment and Natural Resources (“DENR”) Notice of Intent to Redevelop a Brownfields Property (“Property”) in Lumberton, Robeson County, North Carolina. The Property consists of 194 acres and is located at 1885 Alamac Road. Environmental contamination exists on the Property in soil and groundwater. Alamac American Knits, LLC has committed itself to make no use of the Property other than for continued manufacturing of textile products. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and Alamac American Knits, LLC which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above-stated description of the intended future use of the Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A- 310.35. SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Alamac American Knits, LLC Slnheson GInuntij JJublir library October 25, 2005 Dear Mark, RFF : Ip med FAIRMONT LUMBERTON MAXTON PEMBROKE ROWLAND ST. PAULS Mark A. Cabral, President Alamac American Knits LLC 1885 Alamac Road Lumberton, NC 28358 This letter is concerning the Brownsfields Agreement booklet that I received yesterday. We will make this information available to the public as per your request. Sincerely, Robert F. Fisher Director P.O. BOX 988 IGumbertnn. 5Cnrtl| GLarolina 28359 9 1 0-738-4859 I a My commission expires: L Brownfields Property prepared in ac cordance with G.S. 130A-310.35. The full Notice of Intent to Redevelop .. Brownfields Property may be reviewed at the Robeson County Library located at 101 North Chestnut Street, P.O. Box 988, Lumberion, NC 28359 by contacting Mr Robert Fisher at that address, at rfisher@robesoncountylibrary.com, or at (910) 738-4859; or at the offices of the North Carolina Brownfields Pro gram (where DENR will provide auxili ary aide and services for persons with disabilities who wish to review the documents), 401 Oberiin Rd., Suite 150. Raleigh, NC 27605 by contacting Shirley Llgoins at that address, at shir- te|f.ligginsOncmall.net, or at (919) 508- Written public comments may be submitted to DENR within 60 days after the date this Notice is published in a newspaper ol general circulation serving the area in which the brownfields property is located, or in the North Car olina Register, whichever is later. Written requests for a public meeting may be submitted to DENR within 30 days after the period for written public ce ments beings. Thus, if Alamac Ameri can Knits, LLC, as it plans, publishes this Summary in the North Carolina Register after it publishes the Summa ry in a newspaper of general circulation serving the area in which the brown- lields property is located, and if if ef fects publication of this Summary in the North Carolina Register on the date it expects to do so, the periods for sub mitting written requests for a public meeting regarding this project and for submitting written public comments will commerce on November 16, 2005. All such comments and requests should be addressed a follows: Mr Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environment and Natural Resources 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 AAK102605 10/26 SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Alamac American Knits, LLC Pursuant to N.C.G.S. § 130A-310.34, , Alamac American Knits, LLC has filed i with the North Carolina Department of Environment and Natural Resources ("DENR") a Notice of Intent to Redovel op a Brownfields Property (•Property1) in Lumberton, Robesor, County, North Carolina. The Property consists of 194 acres and is located at 1885 Alamac Road. Environmental contamination exists on the Property in soil and groundwater. Alamac American Knits. LLC has committed itself to make no use of the Property other than for con tinued manufacturing of textile products. The Notice of Intent to Redevelop a Brownfields Property includes. (1) a proposed Brownfields Agreement be tween DENR ano Alamac American Knits, LLC which in turn includes (a) a map showing the location of the Prop erty, (b) a description of the contami nants involved and their concentrations in the media of the Property, (c) the above-stated description of tne intend ed future use of the Property, and (d) proposed investigation and remieda- tion; and (2) a proposed Notice of ROBESON COUNTY NORTH CAROLINA A//? Associate Editor, of THE ROBESONIAN, a news paper published in Robeson County, N. C.» being duly sworn, says that at the time the attached notice was published in THE ROBESONIAN. said newspapei met all of the requirements and quali fications prescribed by North Carolina General Statute 1-597; that said newspaper had a general circulation to actual paid subscribers; and, was admitted to the United States mail as second class matter in Robeson County, N. C.; and fur ther, that the attached notice was published in THE ROBESONIAN once a week for - con secutive weeks on the following issue dates ____________ _____________/^) j MeeBM^Mfati^r-Associate Editor t h ist hejsJ-7 ._day of /Yh/iu i' Sworn to and subscribed before me October 24, 2005 Dear Ken, al c. John Wishart Received Booklet: 10/24/2005 Ken Alamac is now in the final phase of our Brownsfields Agreement that involves public notification. This booklet provides you with the full Notice Of Intent To Develop A Brownfields Property. There is also a copy available to the public at the Robeson County Library. If you have any questions, please don’t hesitate to call me (618-2235) or email mark.cabraPa.alamacusa.com. Mark A. Cabral President Alamac American Knits LLC Alamac American Knits LLC 1885 Alamac Road Lumberton, North Carolina 28358 Mr. Ken Windley Robeson County Manager 701 North Elm Street Lumberton, NC 28358 indley, Robesojijf ounty Manager Sincerely, 4 Mark Thank you for meeting with us concerning the Brownsfields Project that Alamac is bringing to a conclusion. We have been working with the North Carolina Department of Environment and Natural Resources beginning in September 2002 to ensure all of Alamac’s environmental requirements have been met and even surpassed. Phone: 910-618-2235 Fax: 910-618-2292 ALAMAC AMERICAN KNITS LLC June 7, 2005 Re: Alamac American Knits LLC (“AAK”) Brownfield Agreement (“BFA”) Dear Mr. Gelblum, Please advise of any questions or comments. Mark A Cabral President Thank you for your consideration and acceptance of our need for emergency exception to be incorporated in our BFA regarding the soil and groundwater restrictions. While occurrences of emergency situations of this nature are extremely rare, we strongly believe it is prudent and in the best interest of our environmental, safety and operational responsibilities to incorporate this language into the BFA. In view of the latest changes that have been incorporated to the draft BFA document (e.g Alamac BFA 6-02-05.do) you sent me on June 3, 2005, AAK agrees to the language as written and finds this document acceptable. Again, we appreciate your consideration of our request and all the assistance you have given AAK. It has been a pleasure working with you and Lisa on this project. Mr. Robert R. Gelblum Special Deputy Attorney General North Carolina Department of Justice 401 Oberlin Road, Suite 150 Raleigh, NC 27605 1885 Alamac Road - P.O. Box 1347 Lumberton, NC 28359-1347 Best regards, Mark Cabral cc: Lisa Taber Brownfields Project Manager - N.C. Brownfields Program Henry Griffin V.P. Manufacturing - Alamac American Knits LLC Division of Waste Management NCDENR NC Brownfields Program - FAX Transmittal Record DATE 4-29-05 TO Mark Cabral FAX No. 910-618-2292 FROM SUBJECT BFA Area of Soil Contamination Number of Pages (including this cover sheet) 2 Comments Hi Mark. Here is a rough estimate of the area of the plant property that I would like to apply the specific soil land use restrictions to as we discussed the other day on the phone. If we demarcated this area on the plat as the “Area of Contaminated Soil” that is referenced in the draft BFA I would be agreeable to not applying the specific LURs to the entire Southern Property. Please let me your thoughts. Thanks. Lisa Michael F. Easley, Governor William G. Ross Jr., Secretary Dexter R. Matthews. Director North Carolina Department of Environment and Natural Resources Lisa Taber, Brownfields Project Manager N.C. Division of Waste Management Confirm receipt of documents or problems with this transmittal at 919-508-825 646 Mail Service Center, Raleigh, North Carolina 27699-1646 401 Oberlin Road, Suite 150, Raleigh, NC 27605 Phone 919-508-8425- Fax 919-715-6358 - www.ncbrownfields.org C= ZD CD ZD CZ ZD Warehouse Inspection Office Knitting Dryers O O PROJECT jf:81 SCALE:NTS Water Tank i Alamac Lun Lumbertc Roll Form Storage Boiler Room Dye House Former 4,000 Gal. Diesel USTs Former 10,000 Gal. Above Ground Diesel Tank Former 1,500 Gal. Gasoline UST 100,000 Gal. Fuel Oil Tank (Empty) 500,000 Gal. Fuel Oil Tank (Empty) Waste Oil, Gasoline & Diesel Tanks 50,000 Gal. Fuel Oil Tank (Empty) o' $Ox( C c/A S Dry Cleaning Room Perchloroethylene Storage Impoundment Former U.S. Chemical Building r i Open | Width ’ Processing | » Water Tank, I® •sB-i MW-2 •SB-2 SB-3 ;wn -^MW-15SB RW-3 RW-2 LEGEND MONITORING WELL SOIL BORING MW-14MW-17 N 0 60’ Scale in Feet 13943102.DWG \ \ \ WATER tank V Figure 2 Soil Boring Locations Alamac American Knits LLC Lumberton, North Carolina \ \ V o I \ \ TT \ \ \ \ \ O' V ---- XP PLAINT RECOVERY WELL ==.—Environmental Strategies Corporation SmmSem 11911 Freedom Drive Suite 900ESC Reston, Virginia 20190 ■ommm 703-709-6500