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Home My WebLink About08003_ChesterSt_LOI_20040407•04/16/2004 10:51 9197153605 DWM PAGE 02/10 Helms Mulliss & Wicker, PLLC: Aummys at Lau ' rinae. Raleigh Wilminptm as"U.6w.mm wHELMS MULLISS WICKER � 2004 Amanda C. Kitchen 201 Noah Tryon Sweet F04.343.2359 Chaclottc, NC 28202 _ Fax 704.444.886c P.Q. Box 31247 (28231) amanda.kitchent'u�hmar.com 704.343.2000 f 704.343.2300 April 7, 2004 V-IA FEDERAL EXPRESS Mr. Bruce Nicholson North Carolina Department of Environment and Natural Resources Division of Waste Management 401 Oberlin Road Suite 150 Raleigh, North Carolina 27605 Re: City of Gastonia / Chester Street Property my-mfields Letter oflntent Dear Bruce: On behalf of the City of Gastonia, we are pleased to submit this Brownfield's Letter of Intent for two neighboring pieces of property located on North Chester Street (U.S. Highway 321) in Gastonia, Gaston County, North Carolina (the "Chester Street Property'). The Chester Street Property is part of an- 8-acre site in the Highland neighborhood that the City of Gastonia plans to use for the development of a. 50,000 squar+c foot retail shopping center known as Highland Plaza. The City of Gastonia has applied for a $2 million Section 108 Loan for the center and plans to sell the property to Highland . Community Development Corporation ("HCDC") for the development. There is a significant need for a full -service grocery store and soft goods retailer in the Highland neighborhood. Tlae Highland neighborhood is the only area in the City that is not served by an existing grocery store. In addition, the Highland neighborhood has higher poverty rates, unemployment and , substandard housing than other areas of the City. Development of the retail shopping center, which will include the. Chester Street Property, will be a key to the redevelopment of the entire neighborhood. However, due to known environmental contamination as described in this application, the financing and investment needed to develop this site cannot occur without the protections and benefits of a Brownflelds - Agreement. This letter serves as a formal application to the Brownfields program. The information required by the Division for a Brownfields letter of intent is set forth in the order listed in Appendix A to the Division's Brownfields web site. C619065 PAGE 03/10 Mr. Bruce Nicholson April 7, 2004. Page 2 Name, Address, and Telephone Number of Prospective Developer (PD) Melissa Magee Assistant City Attorney City of Gastonia Post Office Box 1748 Gastonia, NC 28053 704-866-6735 Name and Telephone Number of PD Contact Person, Ic Melissa Magee 5 Assistant City Attorney n/� City of Gastonia I�S Post Office Box 1748 Gastonia, NC 28053 .704-866-6735 Amanda C. Kitchen Helms Mulliss & Wicker, PLLC Telephone: 704/343-2060 Fax: 704/444-8739 amanda.kitchen@hmw.wm Description of Property The Chester Street Property consists of two parcels that are part of the 8-acre site in Highland neighborhood at the corner of Highway 321 and Rankin Avenue. The first parcel, known as Parcel 228, is located at 401 North Chester Street at the intersection of. Rankin Avenue and Chester/U.S. Highway 321'. Parcel 228 was formerly occupied by Carson's Dry Cleaners. According to historical information, Carson's Dry Cleaners has been located at Parcel 228 since at least 1979, but it is no longer in operation. The second parcel, known as Parcel 229, is directly to the north of and down gradient from Parcel 228 at North Chester Street (U.S. Highway 321). Both Parcel 228 and 229 are served by city water. The Environmental Group of the Carolinas, Inc. (" TEG') performed a Phase I Preliminary Environmental Site Assessment for the entire Highland Plaza site in September 1999. Based on this Phase I Assessment, TEG recommended that additional assessment activities be conducted at the Chester Street Property (Parcels 228 and 229) based on the former operations of Carson's Dry Cleaners. TEG conducted a series of additional assessment activities from June 2000 to September 2603 for the Chester Street Property. Based on these site assessment activities, groundwater and soil at the Chester C619065 DWM PAGE 04110 Mr. Bruce Nicholson April 7, 2004 Page 3 Street Property is contaminated with chlorinated solvents historically used in dry cleaning operations. Some of the contaminated soil has been excavated and removed from the site. The groundwater contamination is ptimarily in the area where the dry cleaners building was located. There is also petroleum contamination in the groundwater but, this is coming from an off -site source up gradient of the former dry cleaner site, indicating a source was or still is up gradient of the Rankin Property. Assessment -work clearly establishes the source of the petroleum contamination is not on the Chester Street Property. Copies of the environmental reports for the Chester Street Property are enclosed. Intended Use of the Redeveloped Chester Street Property The Chester Street Property is integral to the development of a 50,000 square foot retail shopping center known as Highland Plaza on the 8-acre site at the corner of US Highway 321 and Rankin Avenue in the Highland neighborhood. The development of a shopping center in this area has been identified as a key component of the Highland Neighborhood Master Plan first initiated in August .1996. The center will include a grocery store and various other retail shops. The City of Gastonia has applied for a $2 million Section 108 Loan for this redevelopment, which will be carried out in partnership with the Highland Community Development Corporation ("HCDC'). Potential Public Benefits The potential public benefits from this development are numerous and include the following: 1. Tax base improvement. including both increased property tax bases and taxes associated with increased economic activity. 2. Revitalization of a visually blighted area through.urban-infill. 3. Creation of jobs. 4. Providing a grocery store and other basic private services to a historically poor minority area. 5. A spur to additional community development, through improved neighborhood appearance and otherwise. Financial, Managerial and Technical Means to Perform The Cityof Gastonia has contracted or consulted with reputable environmental professionals to evaluate the environmental condition of the Chester Street Property and how that condition affects Ce19065 PAGE 05/10 Mr. Bruce Nicholson April 7, 2004 Page 4 redevelopment opportunities. Through this and its own resources, the City of Gastonia has the financial, managerial, and technical means to fully implement a Brownfields Agreement and assure the safe use of the property. Statement of Compliance The City of Gastonia will comply with all applicable procedural requirements of the Biownfields Program, including payment of all statutorily required fees. Certification Enclosed is the required affidavit from the City of Gastonia affirming that it did not cause or contribute to the contamination on the site and that it has substantially complied with the terms of any Brownfields or similar agreement to which it has been a party, and with all Federal and state Iaws, regulations, and rules for the protection of the environment. Site Map Survey The required map showing the location of the site is attached. A plat survey with the property boundary clearly identified is attached. This is a very exciting project for the City of Gastonia. We look forward to working with you in the redevelopment of this site and appreciate your consideration for including our project in the Brownfields Program. Please let me know if you need anything further at this point. Sincerely, HELMS MULLISS & WICKER, PLLC N%AdA c: � 1"", .Amanda C. Kitchen Enclosures cc: Ms. Melissa Magee (w/o encls.) Ms. Daphne Olszewski (w/encls.) Mr. Benne C. Hutson (w/o encls.) C619065 PAGE 06/10 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN THE MATTER OF: CITY OF GASTONIA AFFIDAVIT RE: RESPONSIBILITY AND COMPLIANCE UNDER THE AUTHORITY OF NORTH CAROLINA GENERAL STATUTES 130A.310.30, eL seq. Edward C. Munn, being duly sworn, hereby deposes and says: 1. I am the City Manager of the City of Gastonia. 2. The City of Gastonia is applying for a Brownfields Agreement with the North Carolina Department of Environment and Natural Resources, pursuant to N.C.G.S. 130A, Article 9, Part 5 (Brownfields Act), in relation to the following parcels in the City of Gastonia, Gaston County, North Carolina: Property located at 401 North Chester Street at the intersection of Rankin Avenue and Chester/U.S. Highway 321 and property north of and down gradient from 401 North Chester Street at North Chester Street (U.S. Highway 321). 3. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that the City of Gastonia, and any agency, unit or division of it meets the eligibility requirements of N.C.G.S. 130A-310.31(b)(10), in that it did not cause or contribute to the contamination at the parcels cited in the preceding paragraph. 4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that the City of Gastonia 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 agency, unit or division of it has been a party; b. the requirement applicable to any remediation in which it or any agency, unit or division has previous)y engaged; and C. federal and state laws, regulations and rules for the protection of the environment. C650062 PAGE 07/10 Affiant further saith not. Signature Edward C. Munn Printed Name 00Y M Sworn to and subscribed before me this Goday of A.�M- ;,,, I �i � Not4 public My commission expires: .1 A.4goo q (SEAL) C650002 04� FR '16/2004 10:51 9197153605 DWM PAGE 08/10 )M CITY OF GASTONIA LEGAL (WED)DEC,17 2003 16:53/3T•16:53/0.6333047073 P 1 oolIIII C C52 9 -04 �sZ ro !tip: ... rf,! y,..: ,:i• - ••:�:' L't�::••SN:•xi n1• ':•�':r^:;! ri • ,+ :'• .t: :�d.'.�y..•�: 'x'"'.a. r:1,1 ��:;i',;'7': mod:: ,�'.,1.7 . ;•,'•�:. •'' ,f. (.?:wnffil: ii Sl '��` �a+,Uli'-Os - - t . '•`► •:'r: t.-'alp/.-:'.•^'IYv;\• f. (.,�,1� jW,. '�� a.175/.. f}Y.� •' .+r� �"i' , ..�,ti!,�i�i:l'�i.K�r;(�ir }'�•!ii is •t' _.1�:•4��i::' �:�f qi; ir. •. cr._ 'f!,,'r. hey ';+.• •yi+f.l' •.1. .Ir<'.> ',�fi: �:i 1;j ;+:..; , r �'j ti_a: }•,.fv_t�:l�i`:lti�•,' %r .:'�ri�� rc'�� Y1{:i . ref, •.:Far: .,a5' ;'\� , � - ':�• '_Y•...i':�'c.-� r..,. 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' ` y !'i a 4.. • .t - ':�'.�-.-5. •' 't 0 . 1•. • . �twerW. •�•.. to `t•• �y'-.A�c•. � •. •Ch��-•.::�;• �: •�_� � ', F ;!�'� . r • . •l�� : A. .w• C� `•'Park,- ?S-l•••'y,'.t'' ..^ ., .'!•'i?,^ ••• •• � �.t '�^, ,�, `•---.';�,�.;�i.:: � •F'6• ,�;' 't" •h�•,,'�,t•.-�. ij.,'-y✓.''1. '�L:Piaw!R •� - ,t,••,,!I: !K' " '` arm ` ' ' ; •'':. ' r {: SCALE = 1 .24000 PREPARED MOM THE CA5TONIA NORTH, NC QUADRAHWX. GASTON COUNTY - 7.3 MINUTE TOPOGRAPHIC MAP 35• 16. 4- N a1. W 14- W T34E ENVIRONMENTAL GROUP TOPOGRAPHIC MAP OF THE CAROLINAS, INC. H1CH(AND PLAZA, MER (FORCARSONNER S ORYCLEAS) CHARLOTTE. NORTH CAROUNA RANKIN AVENUE GASTONIA. NORTH CAROUNA. PREPMm AWE DATE 10/13/02 �ECRED RSC DAZE 10/15/02 me Ha_ ZKI-J-034 nauK 1 M f"SnW EA9200VT SEE fOrY r7CE 400-284) Q 0 N N EXit4BNC R/iY ril ja PG 41 lY OH arA•pci�31 , Q � N Q A? AWES � M, t 8 ' t CFFYOFGWOMA OB3215•POM ® AM s Cr Q77 A6y1[S s45'25'410E UP � 21.51' ' GRAPHIC SCALE *MOLA REQEWLGPMENT I oMM18SION bB 1182 - PO C47 tt tr Ev i l � � tt tt t�, 1 � N lt t t It E►P1`4 t 1 '� (6lr)LE avz9 flf c+.— CQVKR RANKiN AVE RW VARIES 1:1P t t VSAW R/V (AS VMCAM QV Y pa so & Pa " PG JWW) c KOM am uo► *"SMKA• c lausrzre. 0�71 a lac! . = rt armor d► Mm stie" 110 MS AOAmnmr PM9rW O44rawt ler 1/gl<T GANUM man" "MN co== xQ QTY OF GASMAMd 181 South Sbwt P. a Bar 1748 ai"m or rw orrr PRaPER7YAMP SURWY OF Grr PRMWrY A PC ff MRAM Of RAAMV AVF AND N OX57ER SE - (US 321) MAW er. � aos wui: ratio+ any orr��ma: rqp m PC Ra Na 501501-1- VIO '#N A r m r m