Loading...
HomeMy WebLinkAbout20058_Southern Loop_BPA Via Email and FedEx July 15, 2016 NCDENR – Division of Waste Management Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 Attn: Ms. Shirley Liggins Re: Brownfield Property Application 10620 and 10710 Southern Loop Boulevard Pineville, North Carolina H&H Project No. SOL-001 Dear Ms. Liggins: On behalf of Southern Loop, LLC, please find the enclosed electronic copy of the notarized Brownfields Property Application package for the above referenced site located in Pineville. The previous Phase I Environmental Site Assessment report and the Groundwater and Indoor Air Sampling report identified in Section III. F. are provided as individual documents in the Dropbox folder (see link in email). An original copy of the Brownfields Application will be provided via FedEx upon receipt of the original signature pages. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Hart & Hickman, PC Ralph McGee, PG Steve Hart, PG Project Geologist Principal Enclosures cc: J. Patrick Gregoire (via email) Todd M. Katz (via email) George House (via email) Carolyn Minnich (via email) 1 Brownfields Property Application North Carolina Brownfields Program www.ncbrownfieIds.orq I. PROSPECTIVE DEVELOPER (PD) INFORMATION A. PD information: Entity name Southern Loop, LLC Principal Officers J. Patrick Gregoire; Todd M. Katz Representatives J. Patrick Gregoire; Todd M. Katz Mailing Address 10877 Wilshire Blvd., Su. 1110 Los Angeles, CA 90024 E-mail address: patg@cppllc.com Phone No. 310-207-3780 Fax No. 310-207-5830 Web site www.cppllc.com B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if different than above): Name George House Company Brooks Pierce Mailing Address 2000 Renaissance Plaza 230 North Elm Street Greensboro, NC 27401 E-Mail Address ghouse@brookspierce.com Phone No. (336) 271-3114 Fax No. (336) 232-9114 2 C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach separate sheet(s) if necessary): (Use for LLCs) Member-managed or Manager-Managed? Answer: Manager-Managed If manager-managed, provide name of manager and percent of ownership: Name Century Park Partners, LLC. Ownership (%) .0999% Mailing Address 10877 Wilshire Blvd., Su. 1110 Los Angeles, CA 90024 E-Mail Address PatG@cppllc.com Phone No. 310-207-3780 Fax No. 301-207-5830 For all LLCs, list all members of the LLC and provide their percent of ownership: Name Katz 2009 Irrevocable Trust Ownership (%) 5.2579% Mailing Address 9229 Sunset Blvd., Su. 850 Los Angeles, CA 90069 E-Mail Address rkatz@a2dlp.com Phone No. 310-247-8191 Fax No. 310-247-8091 Name Salter Family Trust Ownership (%) 14.8974% Mailing Address 435 25th Street Santa Monica, CA 90402 E-Mail Address 3 Phone No. 213-741-2303 Fax No. N/A Name Michael and Toby Salter Ownership (%) 37.2435% Mailing Address 435 25th Street Santa Monica, CA 90402 E-Mail Address doctordume@gmail.com Phone No. 213-741-2345 Fax No. 213-683-0504 Name Starr Investment Partners Ownership (%) 5.2579% Mailing Address 9401 Wilshire Blvd. 9th Floor Beverly Hills, CA 90402 E-Mail Address pstarr@ecjlaw.com Phone No. 310-281-6350 Fax No. 310-859-2325 Name Pepper Edmiston Trust Ownership (%) 37.243% Mailing Address 317 Beirut Avenue Pacific Palisades, CA 90272 E-Mail Address N/A Phone No. 310-454-3388 Fax No. N/A 4 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. N/A List all parent companies, subsidiaries and other affiliates: Century Park Partners, LLC (Use for Partnerships) Check one:General Partnership Limited Partnership List all partners and percent of ownership: Name Ownership (%) Mailing Address E-Mail Address Phone No. Fax No. Is this person a general or limited partner? Name Ownership (%) Mailing Address E-Mail Address Phone No. Fax No. 5 Is this person a general or limited partner? List all parent companies, subsidiaries and other affiliates: (Use for corporations other than LLCs) (If information is the same as shown in 1.A., please indicate “same as 1.A.” below.) Name Mailing Address E-Mail Address Phone No. Fax No. List all parent companies, subsidiaries and other affiliates: 6 (Use for individuals) (If individual is the same as shown in 1.A., -please indicate “same as 1.A.” above.) Name Mailing Address E-Mail Address Phone No. Fax No. D. Does PD have or can it obtain the financial means to fully implement a brownfields agreement and assure the safe reuse of the property? (Attach supporting documentation such as letters of credit, financial statements, etc.) Answer: YES Explanation: Southern Loop, LLC (hereinafter the “PD”) is an affiliate of Century Park Partners, LLC. Century Park Partners owns and operates a portfolio of real estate properties in excess of $250MM. The PD has the financial means to to fully implement a Brownfields agreement and assure the safe reuse of the property. E. 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: YES Explanation: The PD has extensive experience managing real estate projects. In addition, the PD has retained professionals, including Hart & Hickman, PC and Brooks Pierce, who are experienced in Brownfields redevelopment and the implementation of Brownfields requirements in particular. These professionals (i) have significant experience with the Brownfields Program and the redevelopment of challenged properties, and (ii) are aware of the work and restrictions that are typically included in Brownfields agreements to assure the safe use of property. The combination of these resources will ensure successful implementation of a Brownfields agreement and safe use of the property. F. 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: YES 7 Explanation: Please see our responses to Questions I.D and I.E, above. The PD has the technical ability to fully implement a Brownfields agreement and to assure the safe use of the property. It has a range of engineering and environmental experience available to it. In particular, the PD has hired Hart & Hickman, PC to assist with the technical aspects of both this application and the implementation of an eventual brownfields agreement (including technical “work to be performed”). Hart & Hickman has extensive experience with Brownfields projects in North Carolina and is thoroughly familiar with the technical aspects and requirements of the Brownfields program. G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of all statutorily required fees? Answer: YES (List all NCBP project name(s) and NCBP project ID numbers where PD or any parent company, subsidiary and other affiliate of PD has been a party to.) Not Applicable H. Does PD currently own the property? Answer: YES If yes, when did PD purchase the property and from whom? (Provide name, address, telephone number and email address of the contact person for the current property owner.) The PD purchased both the 10620 and 10710 Southern Loop Blvd. properties in 2006 from Bauman Springs USA, Inc. Please refer to Section I. A. for the current property owner contact information. If no, provide the name, address, telephone number and e-mail address of the contact person for the current property owner Not Applicable I. If PD does not currently own the property, does PD have the property under contract to purchase? Answer: Not Applicable If yes, provide date of contract(s): If no, when does the PD intend to purchase the property (e.g., after the project is determined to be eligible for participation in the NCBP, after PD receives a draft BFA, after the conclusion of the brownfields process)? Note: the Act requires the PD to demonstrate that it intends to either buy or sell the property. Not Applicable J. 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 8 a list of all regulated substances as defined at NCGS § 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.) The 10620 Southern Loop Blvd. property was occupied by Baumann Springs USA from 2006 to 2008 as a warehouse, and by Para USA for the assembly of hand guns from the mid-2000s to the mid-2010s. Manufacturing conducted by Para USA primarily consisted of hand gun assembly. Para USA is listed as a former generator of the following hazardous wastes: ignitable, lead, and selenium. Used oil is also listed as having been generated at the Para USA facility. A 2013 hazardous waste inspection report from the DEQ Laserfiche website indicated the following concerning Para USA’s operations: “Para USA currently operates as a manufacturer of Model 1911 style pistols. The current manufacturing process is primarily pistol assembly from outsourced manufactured parts. Production does include some CNC metal machining, grinding & finishing processes. Pistol frames are currently received in aluminum, carbon steel and stainless steel. After assembly each pistol is tested and packaged for sale. Hazardous waste is currently generated from pistol testing operations, which generate lead contaminated dust/debris, from parts cleaning/degreasing, and from a small amount of paint waste generated at one small paint booth. The facility also generates spent silica blast media from metal part blasting unit and used lead bullets and brass casings from pistol QA testing. Additionally, the facility generates used oil in the form of used cutting fluids and coolants. From 2010 to 2012 the facility operated an anodizing process, which included a multi- step process of applying a corrosion resistant coating to pistol frames. The process generated waste black oxide oil, conditioner & water wastes which were managed as non-hazardous waste and collected by STAT, Inc. located in Lenoir, NC and Haz-Mat Environmental Services located in Charlotte, NC. On August 22, 2012 a sample of the black oxide waste, analyzed using the TCLP method, indicated that some waste streams from the process would carry the EPA hazardous waste code D010 for the presence of selenium. In October 2012 the anodizing process was ceased and all black oxide waste and equipment was removed from site over the next few months. All anodizing and other metal coating processes are currently being outsourced.” Since the mid-2010s, the 10620 Southern Loop Blvd. facility has been occupied by a furniture company and is used as a showroom and for inventory overflow storage. Baumann Springs USA occupied the 10710 Southern Loop property from approximately 2006 to 2010 and Anderson America has occupied the property since 2010. Anderson America utilizes the facility for general office activities, storage, and demonstrations of large woodcutting. II. SITE INFORMATION A. Information regarding the proposed brownfields property: Proposed project name: 10620 and 10710 Southern Loop Blvd. Acreage: 5.88 acres street address(es): 10620 and 10710 Southern Loop Blvd., Pineville, NC tax ID(s) or PIN(s): 10620 Southern Loop Blvd. (1.84 acres): 20514121 9 10710 Southern Loop Blvd. (4.04 acres): 20514127 past use(s): The 10620 Southern Loop Blvd. facility was utilized for manufacturing recycling equipment in the 1990s, as a warehouse for Baumann Springs from the early to mid-2000s, and by Para USA for the assembly of hand guns from 2008 to 2015. The 10710 Southern Loop Blvd. facility was utilized by Baumann Springs USA for metal cutting and forming, ultrasonic cleaning, and spring shipping operations from the early 1990s until the mid-2000s. current use(s): The 10620 Southern Loop Blvd. facility is currently occupied by a furniture company and is used as a showroom and for inventory overflow storage. The 10710 Southern Loop Blvd. facility has been occupied since 2010 by Anderson America for general office activities, storage, and demonstrations of large woodcutting machinery. cause(s)/source(s) of contamination: known: migration of chlorinated solvents in groundwater from former Universal Stainless facility (IHSB ID NONCD0002654; Brownfields Project ID 09048-05-60) located topographically upgradient and adjacent to the northwest of the site. suspected: 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 CERCLIS numbers, RCRA generator numbers for past and present operations, UST database, Division of Water Quality’s incident management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In many instances, the PD will need to actively seek out this in formation by reading environmental site assessment reports, reviewing government files, contacting government officials, and through the use of government databases, many of which may be available over the internet.) Agency Name/ID No: PARA USA (10620 Southern Loop) – RCRA NCR000158840 Agency Name/ID No: Baumann Springs (10710 Southern Loop) - Synthetic Minor Air Emissions NCMEC0003711910089 Agency Name/ID No: Agency Name/ID No: Agency Name/ID No: Agency Name/ID No: 10 B. In what way(s) is the property is abandoned, idled, or underused? The current property owner is marketing the properties for sale so that the buildings can be more fully utilized. The property was listed for sale and both the 10620 and 10710 Southern Loop parcels were under Letters of Intent to be sold. However, the Phase I ESA prepared by Hart & Hickman attached to this application revealed the existence of the Universal Stainless Brownfields site in an upgradient location with an undefined VOC plume in groundwater as an REC. Both potential buyers requested a Phase II ESA to determine if the properties were impacted by the Universal Stainless plume. When results of the Phase II ESA conducted by Hart & Hickman attached to this application revealed that the Universal Stainless plume had migrated onto the subject property, both buyers declined to purchase. Therefore, it is necessary to obtain a Brownfields agreement so that future owners and occupants will have the protections and benefits afforded by a Brownfields Agreement. Further, the availability of financing for redevelopment of the properties will likely depend on the properties’ entry into the Brownfields Program. Thus, Brownfields protection is important for the safe redevelopment of the properties. C. In what way(s) is the actual or possible contamination at the property a hindrance to development or redevelopment of the property (attach any supporting documentation such as letters from lending institutions)? Please see the response to Question II.B. above. D. In what way(s) is the redevelopment of the property difficult or impossible without a brownfields agreement (attach any supporting documentation such as letters form lending institutions)? Please see the response to Question II.B. above. Given the impacts to groundwater associated with the offsite former Universal Stainless release, the PD believes that a Brownfields agreement will be essential for the sale and viable and safe use of the properties. As noted above, a prospective purchaser of one of the properties decided not to purchase the property because of the likely presence of contamination (which was later confirmed). E. What are the planned use(s) of the redeveloped brownfields property to which the PD will commit? Be as specific as specific as possible. Industrial, manufacturing, warehouse, distribution, and associated offices F. Current tax value of brownfields property: Parcel 20514121 (1.84 acres): $1,496,100 Parcel 20514127 (4.04 acres): $1,582,500 G. Estimated capital investment in redevelopment project: Unknown H. List and describe the public benefits that will result from the property’s redevelopment. Be as specific as possible. 11 1. Creation of additional jobs during construction and redevelopment of the site, as well as permanent commercial and industrial jobs. 2. Spur to additional community investment and development in the area resulting in further tax base and employment opportunities. 3. Positive impacts on the surrounding business community. 4. Tax base improvement with regard to real property and business activity in the surrounding area, including both increased property tax bases and taxes associated with increased economic activity. 5. Beneficial use of the property and creation of density in a rapidly-densifying area, thereby avoiding the use of “green space” in other areas of the community. 6. Aesthetic enhancements. The inclusion of such support letters with this application is recommended and encouraged.) 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 recycling/reuse of old building materials such as brick or wood. The use of environmentally friendly technologies will be considered during redevelopment. I. Who will own the brownfields property when the Notice of Brownfields Property is filed with the register of deeds at the conclusion of the brownfields process? (If information is the same as 1.A. above, please indicate.) Name The PD will own the property with the intent to sale or re-develop for future lessees. Mailing Address E-Mail Address Phone No. Fax No. III. OTHER REQUIRED INFORMATION A. 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 use for this affidavit is attached to this application. 12 It must be filled out signed notarized, and submitted with this application.) Is the required affidavit, as described above, included with this application? Answer: YES B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed Brownfields Agreement. (Note: The form to use for this document is attached to this application. It must be filled out, initialed, and attached on your submittal.) Is the required Proposed Brownfields Agreement, as described above, included with this application? Answer: YES C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale U.S.G.S. topographic quadrangle map that shows the property clearly plotted, and that measures at least an 8 ½ 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 as the base for its location map.) Is the required location map included with this application? Answer: YES D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the property boundaries clearly identified, and a metes and bounds legal description that matches the property description on the plat. 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 comment phase of the brownfields process, the PD will be required to submit a final brownfields survey plat which includes the information listed in the brownfields survey plat guidance.) Is the required preliminary survey plat included with this application? Answer: YES E. Site Photographs: PD must provide at least one pre-redevelopment photograph of the property, in either hard copy or electronic format that shows existing facilities and structures. Please note that the NCBP prefers to have electronic photos instead of or in addition to hard copies. Electronic copies of photographs should be emailed to ShirIey.Liggins@ncmail.net with a clear indication as to which Brownfields Application they apply. Are photographs of the property included with this application? Answer: YES Have electronic copies of the photographs been emailed to NCBP? 13 Answer: YES F. 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. However, 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? Answer: YES If environmental reports/data are being submitted with this application, please provide the title, date and author of each item being submitted: 1. Phase I Environmental Site Assessment Report, Commercial Property, 10710 Southern Loop Blvd., Pineville, NC, Hart & Hickman, April 5, 2016 2. Groundwater and Indoor Air Assessment Report, Southern Loop Properties, 10620 and 10710 Southern Loop Blvd., Pineville, NC, Hart & Hickman, June 9, 2016 IV. ADDITIONAL REQUIRED FORMS The following forms are to be filled out and submitted with the application including the Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement. Submittal of the Affidavit requires signature and notarization, and the Proposed Brownfields Application requires an initial. 16 Preliminary Proposed Brownfields Agreement I. Property Facts a. Property Address(es): 10620 and 10710 Southern Loop Boulevard, Pineville, NC b. Property Seller(s): Southern Loop, LLC c. Property Buyer: Unknown d. Brief Property Usage History: The properties were primarily agricultural land in the earliest historical resource reviewed, a 1938 aerial photograph. Both the 10620 and 10710 Southern Loop parcels were cleared and graded in the late 1980s and developed with the current buildings in 1989. The 10620 Southern Loop Blvd. property was occupied by Lindemann Recycling Equipment, Inc. for manufacturing and distribution of recycling equipment from the early 1990s until at least the late 1990s. Para USA occupied the 10620 Southern Loop building from 2008 until 2015 and utilized the facility for assembly of hand guns. The property is currently occupied by a furniture distribution business and the facility is utilized for showrooms and excess inventory storage. The 10710 Southern Loop Blvd. property was occupied by Baumann Springs from initial construction until the mid-2000s. Operations associated with Baumann Springs included metal cutting and forming, ultrasonic cleaning, and shipping operations. Anderson America has occupied the 10710 Southern Loop Blvd. property since 2010. Anderson America utilizes the facility for general office activities, storage, and demonstrations of large woodcutting machinery. e. The planned reuse will potentially involve the following use classification(s) (check all that apply): School/childcare/senior care Residential (multi-family) Commercial, retail (specify) X Other commercial (specify) X Office X Light industrial X Heavy industrial Recreational Open space Other (specify) II. Contaminant Information a. The contaminant situation at the property is best described by the following (check all that apply): Contaminants are from an on-property source(s) X Contaminants are from an off-property source (suspected) Contaminants are from an unknown source(s) Contaminants have not yet been documented on the property 17 b. Contaminated Media Table. (If known, check appropriate boxes below) Contaminant Types Soil Groundwater and/or Surface Water Private Wells Vapor Intrusion Known Suspected Known Suspected Known Suspected Known Suspected o r g a n i c s Chlorinated Solvents (list): PCE and TCE   X      Petroleum: ASTs  USTs Other        Other (list):         i n o r g a Metals (list):       i c s Other (list):       III. Protective Measures I am prepared to take steps necessary to make the property suitable for its planned uses while fully protecting public health and the environment. I propose that NCBP consider a brownfields agreement that will make the property suitable for the planned use(s) through the following mechanism(s) (check all that apply): Contaminant remediation to risk-based levels. X Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc) X Land use restrictions that run with the land that will restrict or prohibit uses that are unacceptable from a risk assessment/management perspective. (Important Note: In any final brownfields agreement Attachment A Site Location Map SITE LOCATION MAP SOUTHERN LOOP PROPERTIES 10620 & 10710 SOUTHERN LOOP BLVD. PINEVILLE, NORTH CAROLINA DATE: JOB NO: REVISION NO: FIGURE NO: 6/29/2016 0 1SOL-001 0 2000 4000 APPROXIMATE SCALE IN FEET U.S.G.S. QUADRANGLE MAP 7.5 MINUTE SERIES (TOPOGRAPHIC) 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) FORT MILL, SOUTH CAROLINA 1996 SITE N Attachment B Survey Plat Attachment C Site Photographs SO L -00 1 Commercial Properties 10620 & 10710 Southern Loop Boulevard Pineville, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 1: Southern facing side of the 10620 Southern Loop facility. Photograph 2: Western facing side of the 10620 Southern Loop facility. SO L -00 1 Commercial Properties 10620 & 10710 Southern Loop Boulevard Pineville, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 3: View of loading dock area located on the northern side of the 10620 Southern Loop facility. Photograph 4: Western facing side of the 10710 Southern Loop facility. SO L -00 1 Commercial Properties 10620 & 10710 Southern Loop Boulevard Pineville, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 5: Eastern facing side of the 10710 Southern Loop facility. Photograph 6: Southern facing side of the 10710 Southern Loop facility. SO L -00 1 Commercial Properties 10620 & 10710 Southern Loop Boulevard Pineville, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 7: View of drive access on the southern side of the 10710 Southern Loop property. Photograph 8: Northern facing side of the 10710 Southern Loop facility (viewed from the northwest). Attachment D Environmental Reports (provided on attached CD)  Phase I Environmental Site Assessment Report, Commercial Property, 10710 Southern Loop Blvd., Pineville, NC, Hart & Hickman, PC, April 5, 2016  Groundwater and Indoor Air Assessment Report, Southern Loop Properties, 10620 and 10720 Southern Loop Blvd., Pineville, NC, Hart & Hickman, June 9, 2016