20064_Simpson Gas_BPA_20160824

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Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PD) INFORMATION {USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE – DO NOT USE THE RETURN KEY} A. PD information:
Entity name Mainspring Conservation Trust, Inc.
Principal Officer Sharon F. Taylor, Executive Director
Representative
Mailing Address P.O. Box 1148
Franklin, NC 28744
E-mail address [e-mail]
Phone No. 828 524 2711 x311
Fax No. 828 524 4741
Web site www.mainspringconserves.org

B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if different than above):
Name Benjamin R. Laseter, Associate Director
Company Mainspring Conservation Trust, Inc.
Mailing Address P.O. Box 1148
Franklin, NC 28744
E-Mail Address [e-mail]
Phone No. 828 524 2711 x308
Fax No. 828 524 4741

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:

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If manager-managed, provide name of manager and percent of ownership:
Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.
For all LLCs, list all members of the LLC and provide their percent of ownership:

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

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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.

List all parent companies, subsidiaries and other affiliates:
(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.
Is this person a general or limited partner?
List all parent companies, subsidiaries and other affiliates:

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(Use for corporations other than LLCs) (If information is the same as shown in 1.A., please indicate “same as 1.A.” below.)

Name same as 1.A.
Mailing Address

E-Mail Address
Phone No.
Fax No.

List all parent companies, subsidiaries and other affiliates:

(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 Please see attached Independent Auditor's Report and IRS Form 990 for
2014.

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 PD currently employs 8 full-time and 3 part-time personnel. PD's full-time
Associate Director (Benjamin Laseter) will serve as preliminary contact and project manager
for this project. Dr. Laseter manages approximately $400,000 in annual program work,

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which includes design, permitting and construction of stream restoration projects. PD has
engaged Martin & Slagle GeoSciences, P.A., a Black Mountain, North Carolina based
consulting firm to provide environmental and brownfield consulting services..

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
Explanation PD has engaged Martin & Slagle GeoSciences, P.A., a Black Mountain, North
Carolina based consulting firm to provide environmental and brownfield consulting services.
LTLT owns and manages over 350 acres (fee simple) and holds annually-monitored
conservation easements on over 4,000 acres. Mainspring employs full-time staff in Land
Protection, Land Stewardship, Restoration, Administration, and Support capacities. All of
these personnel will be available in their respective capacities to ensure the safe use of the
property and that the terms of the final Brownfields Agreement are adhered to. Mainspring
successfully implement a brownfields agreement on the former J.H. Duncan Oil property, in
close proximity to the Simpson Gas and Oil property (subject of this application).
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.)
J.H. Duncan OIl, ID# 18001-14-057 H. Does PD currently own the property?
Answer No, Mainspring does not currently own the Simpson Gas & Oil property, but
has a contract to purchase in place, contingent on development and execution of a brownfields
agreement on the property. 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.)

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If no, provide the name, address, telephone number and e-mail address of the contact person for the current property owner

Robert Simpson Simpson Gas and Oil, Inc.
105 Wayah St. Franklin, NC 28734-3330 Telephone: [phone]
Email: [e-mail]
I. If PD does not currently own the property, does PD have the property under contract to purchase?

Answer Yes
If yes, provide date of contract. 7/28/2016
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.

Contract specifies that PD will purchase the property after entering into an acceptable Brownfields Agreement with NCDEQ regarding the remediation of any and all environmental
contamination to the property.

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 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.) Not applicable.

II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Simpson Gas & Oil acreage 0.67 street address(es) 544 East Main Street

city Franklin County Macon zip 28734

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tax ID(s) or PIN(s) #6595318254, #6595317214

past use(s) Undeveloped/agricultural (pre-1960), bulk oil distribution & service station (ca. 1960-2010)
current use(s) Following use as a service station, building was operated as a gun shop for 1-2 years. Property is now being used as the Headquarters of the Macon County
Democratic Party. cause(s)/source(s) of contamination:
known Regulatory history and correspondence indicates that the property has a
history of fuel spills and AST/UST leaks. Assessment activities conducted by NC DEQ UST
Section contractor in 2015 indicates that significant groundwater contamination exists on the site.

suspected

B. 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 information 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: NCDENR DWQ NOV Issued 15 September 1998 / Incident #19007
Agency Name/ID No: NCDENR UST Section Asheville 23 August 2010 / Certificate #338

Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property abandoned, idled, or underused?
Simpson Gas & Oil Inc. is out of business and is no longer operating. The only known asset
of the company is the contaminated property which is the subject of this Brownfields
Application. The company was administratively dissolved by the NC Secretary of State's office on August 26, 2010 pursuant to NCGS 55-14-21 for failure to file an annual report. It
was subsequently suspended by the NC Department of Revenue on October 22, 2015 pursuant to NCGS 105-230A. The principal officers/shareholders of the company are currently in a pending Chapter 13 bankruptcy case in the Western District of North Carolina.
Past regulatory correspondence and recent assessment results suggest that significant
petroleum contamination exists on the site. The property cannot be redeveloped without

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addressing these issues, and without a Brownfields Agreement will likely remain vacant and contribute to the currently blighted character of this part of Franklin.

D. 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 answer above.
E. 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)?
Although the project has considerable support from local governments, the Eastern Band of
Cherokee Indians, resource agencies, Mainspring Conservation Trust, Inc. is the only entity presently capable and interested in taking ownership of this project. However, Mainspring
cannot justify expending funds on purchase of the property and subsequent cleanup without the
protection afforded by a brownfields agreement.
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
The property is located immediately across the street (E. Main St.) from Mainspring's office and most recent brownfields project, the JH Duncan Oil project. Remediation of the JH Duncan Oil project is nearing completion and redevelopment as greenspace/parking has
begun. The Simpson Gas & Oil property is located at the only gap in the 4.5 mile Little Tennessee River Greenway, is a short distance from the culturally significant Nikwasi Mound, and is in an underutilized, blighted area of Franklin. Potential uses for the subject
property could include some combination of greenspace/public park /greenway/ parking on the majority of the property.
G. Current tax value of brownfields property: $260,350 ($24,090 building value, $236,260 land
value)

H. Estimated capital investment in redevelopment project: $Mainspring has committed to
investing the necessary funding to pursue a Brownfields Agreement via the Redevelopment Now option, funding for the necessary assessment work, and (pending an acceptable Brownfields
Agreement) has negotiated a $143,500 purchase price for the tract. Additional capital
investment will be determined as a redevelopment plan is established and as funding opportunities are identified.

I. List and describe the public benefits that will result from the property’s redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic places, improving disadvantaged neighborhood quality-of-life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have community or environmental benefits. 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

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bring about. The inclusion of such support letters with this application is recommended and encouraged.)

Mainspring has received funding from the Cherokee Preservation Foundation to support the development and initial implementation of a "Nikwasi to Cowee Cultural Corridor" plan.
Because of the historical and cultural significance of the Nikwasi Mound, we believe that future public and private investment in the neighborhood around the subject property is imminent. At present we are developing a visualization process to highlight the potential for connecting and
revitalizing the area surrounding the ancient Nikwasi Mound and the Little Tennessee River. Mainspring believes that redevelopment of the subject property will help continue revitalization of
this blighted area of Franklin, will complement existing (adjacent) public property, will help attract future public and private investment in the area, and will help improve the appearance of what
could be a future "River Gateway" district of Franklin.
It is also important to note that the property is within 250 feet of the Little Tennessee River,
which was designated by the National Wildlife Federation and Fisheries Conservation
Foundation as the first Native Fish Conservation Area in the United States. This site is located 3.5 miles upstream of designated critical habitat for the federally-endangered Appalachian
elktoe, is adjacent to designated critical habitat (unoccupied) for the federally-threatened spotfin
chub, and is within 0.5 mile of at least two known (current) localities for the federally-threatened plant, Virginia spiraea.
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. We do not currently have enough information re: the redevelopment of the property to be
able to identify technologies and designs to be used. However, we envision some combination of greenspace and public park use. In whatever redevelopment Mainspring
undertakes, we will employ any feasible technology such as drought-tolerant, native
plantings, stormwater capture, building material re-use or recycling, and energy/water efficient design and equipment.

J. 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 same as 1.A. above
Mailing Address

E-Mail Address
Phone No.
Fax No.

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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. 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 A survey plat is not currently available. Legal description of the parcels and Macon County GIS parcel map (aerial) are included with this application.
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:

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[e-mail] with a clear indication as to which Brownfields Application they apply to.
Are photographs of the property included with this application?
Answer Yes.
Have electronic copies of the photographs been emailed to NCBP?
Answer Copies will be sent concurrently with this application.
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 on CD only. 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 Copies will be sent concurrently with this application.
If environmental reports/data are being submitted with this application, please provide the title, date and author of each item being submitted:
NCDENR file review summary (including correspondence re: the subject project), 22 April 2014, Martin & Slagle GeoSciences, P.A.

Potential Petroleum Contaminant Sources for Soil and Groundwater Surrounding the Simpson Oil Company Site in Franklin, Macon County, NC, 4 February 1999, Alpha
Environmental Sciences, Inc. Project #8505.01 Underground Storage Tank Closure Report, Simpson Oil Company, Franklin, NC, March
1999, Alpha Environmental Sciences, Inc. Project #8505.01 Report of Environmental Services, Former J.H. Duncan Oil, Inc. and Simpson Gas and
Oil, Inc., Franklin, Macon County, NC, 4 September 2015, S&ME Project No. 4305-15-154

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.

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Preliminary Proposed Brownfields Agreement

I. Property Facts

a. Property Address(es): 544 East Main Street, Franklin NC 28734 b. Property Seller: Simpson Gas & Oil, Inc.

c. Property Buyer: Mainspring Conservation Trust, Inc.
d. Brief Property Usage History: The subject property was developed as a bulk oil plant and service station in the 1960's and was operated as Simpson Oil and Simpson Gas & Oil, Inc until
the company was adminstratively dissolved in 2010 and was suspended by NC Dept. of Revenue
in 2015. Between 2010 and 2015, the property was used as a small gun shop. As of
Summer/Fall 2016, the property is being used as the Macon County Democratic Headquarters through November 2016.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply): School/childcare/senior care
Residential
Commercial, retail (specify) .
Other commercial (specify)
Office
Light industrial
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)
Contaminants are from an off-property source(s)
Contaminants are from an unknown source(s)
Contaminants have not yet been documented on the property

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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
rg
a
ni
c
s
Chlorinated Solvents (list):

Petroleum:
ASTs USTs
Other
X X
Other (list):

i
n
or
g
an
i
cs
Metals
(list):

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.
Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
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
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JOB NO.
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DRAWING PATH:Q:\4305\2015\15-154 - JH DUNCAN\JH Duncan Figures.dwg
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0
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JOB NO.
SCALE:
DATE:
DRAWN BY:CHECKED BY:
FIGURE NO.
44 BUCK SHOALS ROAD
ARDEN, NC. 2874
PH. 828-687-9080
FAX. [phone]
WWW.SMEINC.COM
DRAWING PATH:Q:\4305\2015\15-154 - JH DUNCAN\JH Duncan Figures.dwg
J.H. DUNCAN BORING LOCATION MAP
FORMER J.H. DUNCAN AND SIMPSON OIL PROPERTIES
FRANKLIN, NORTH CAROLINA
4
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JOB NO.
SCALE:
DATE:
DRAWN BY:CHECKED BY:
FIGURE NO.
44 BUCK SHOALS ROAD
ARDEN, NC. 2874
PH. 828-687-9080
FAX. [phone]
WWW.SMEINC.COM
DRAWING PATH:Q:\4305\2015\15-154 - JH DUNCAN\JH Duncan Figures.dwg
SIMPSON OIL BORING MAP
FORMER J.H. DUNCAN AND SIMPSON OIL PROPERTIES
FRANKLIN, NORTH CAROLINA
5
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JOB NO.
SCALE:
DATE:
DRAWN BY:CHECKED BY:
FIGURE NO.
44 BUCK SHOALS ROAD
ARDEN, NC. 2874
PH. 828-687-9080
FAX. [phone]
WWW.SMEINC.COM
DRAWING PATH:Q:\4305\2015\15-154 - JH DUNCAN\JH Duncan Figures.dwg
SIMPSON OIL APPROXIMATE UTILITY LOCATION MAP
FORMER J.H. DUNCAN AND SIMPSON OIL PROPERTIES
FRANKLIN, NORTH CAROLINA
6
LEGEND- TEMPORARY MONITORING WELL LOCATION SURVEYED BY ED HOLMES

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Report of Environmental Services
Former J.H. Duncan and Simpson Oil Sites
E. Main Street, Franklin, Macon County, North Carolina
S&ME Project No. 4305-15-154
September 4, 2015 i
D a t e :
7 /2 4 /2 0 1 5
P h o t o g r a p h e r :
B S K
Location / Orientation From E. Main Street looking towards the west.
Remarks View of the Simpson Oil property.
D a t e :
7 /1 /2 0 0 8
P h o t o g r a p h e r :
B S K
Location / Orientation From E. Main Street looking towards the northwest.
Remarks View of the Simpson Oil dispenser island by E. Main St.
Report of Environmental Services
Former J.H. Duncan and Simpson Oil Sites
E. Main Street, Franklin, Macon County, North Carolina
S&ME Project No. 4305-15-154
September 4, 2015 ii
D a t e :
1 /1 /1 .
P h o t o g r a p h e r :
B S K
Location / Orientation Looking towards the southwest.
Remarks View of TMW-8 near the former dispenser islands.
D a t e :
1 /1 /1 .
P h o t o g r a p h e r :
B S K
Location / Orientation Looking towards the southwest.
Remarks View of the gas line located near the former ASTs.