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HomeMy WebLinkAbout20080_TrueTextiles_JWIndustrialBPA_2016_09_201 Harriger, Joselyn From:Kaitlyn Rhonehouse <KRhonehouse@Geosyntec.com> Sent:Tuesday, September 20, 2016 9:56 AM To:Harriger, Joselyn Subject:True Textiles BF application Attachments:Brownfields Property Application_JW Construction 20160920.pdf; ATT00001.htm Good morning Joselyn, Please see attached BF application for the new anticipated owner/PD of the former True Textiles site located in Elkin, NC. This includes the signed affidavit; the original will be delivered to the Raleigh DEQ office per your direction. As we discussed yesterday, this does not include the "dam parcel" and no application fee is included because it was previously paid for by LBC Subs, LLC (the current seller). Thank for you expediting your review of the application! We look forward to receipt of a letter of eligibility on or before 30 September 2016. Please don't hesitate to call or email should you have any questions or require a revision to the application to facilitate approval. Thank you! Best, Kaitlyn Kaitlyn S. Rhonehouse, P.E. Geosyntec Consultants 561.866.0057 Begin forwarded message: From: "Schoeck, Brian" <bschoeck@jahlaw.com> Date: September 14, 2016 at 5:11:00 PM EDT To: 'Kaitlyn Rhonehouse' <KRhonehouse@Geosyntec.com> Subject: RE: Elkin draft BF application Kaitlyn, Executed Responsibility and Compliance Affidavit attached. Brian 2 Brian J. Schoeck, Partner Brownfields Property Application North Carolina Brownfields Program Instructions/Important Information for Applicants The Brownfields Property Reuse Act (Act) sets forth the conditions under which a site and a prospective developer (PD) are eligible for a brownfields agreement. To start the process of seeking a brownfields agreement, please complete this application. The North Carolina Department of Environment and Natural Resources’ (DENR’s) North Carolina Brownfields Program (NCBP) will base its eligibility determination on the information provided in this application and on other information that may be obtained by NCBP. This eligibility determination is an administrative tool that allows the NCBP to spend resources strictly on those sites that meet the statutory eligibility criteria. The application will also allow the NCBP to allocate its resources first to those projects that demonstrate the highest degree of public benefit. The application form is available for download at www.ncbrownfields.org as an MSWord form and a PDF. It is divided into the following sections: Section I. Prospective Developer Information - facts regarding the applicant Section II. Site Information - facts regarding the property Section III Other Required Information - a “checklist” to help ensure that additional information that must be submitted with the application is included. Section IV. Additional Required Forms - NCBP has two forms that are required to be used for two of the attachments to this application: a “Preliminary Proposed Brownfields Agreement” form and a “Responsibility and Compliance Affidavit” form. Please note that the “Preliminary Proposed Brownfields Agreement” must be initialed and the “Responsibility and Compliance Affidavit” must be signed and notarized. A determination of eligibility does not mean that the site is guaranteed to remain eligible or that the PD is assured of receiving a final brownfields agreement; rather, it means that a PD is eligible to seek a brownfields agreement regarding the site. As the process moves forward, NCBP has the continuing duty to exercise its discretion as to whether DENR should enter into a brownfields agreement regarding a particular site. Comments received from the public may alter NCBP’s view regarding eligibility. Also, new information that runs counter to statutory eligibility criteria and obtained by the NCBP following an affirmative eligibility determination will require NCBP to re- evaluate eligibility. The Act requires DENR to determine that brownfields projects have public benefit commensurate with the liability relief provided by the brownfields agreement. Letters of community support can be a strong gauge of public benefit. Economic development factors are important measures of this as well. Therefore, in Section II, please be as specific as possible regarding questions that pertain to economic measures of public benefit, including job creation, redevelopment investment, etc. Please be assured that while the NCBP reports this information to the General Assembly as a measure of overall programmatic public benefit, we do not report it on a site-specific basis. The data is only used in aggregate. 2 The process of applying for entry into the NCBP is as follows: Download, fill out, and return the Brownfields Property Application form. If you do not have internet access you may contact the NCBP at (919)707-8383 to obtain a copy of this form. If you have MSWord as a word processor, you may use it to download and fill out the MSWord Form (downloading the form in PDF format will require that the form be filled out by hand). You must submit the original forms and attachments to: NC Brownfields Program Attention: Shirley Liggins N.C. Department of Environment and Natural Resources Division of Waste Management 1646 Mail Service Center Raleigh NC 27699-1646 Please note that attachments to the application include the “Responsibility and Compliance Affidavit”, which must be signed and notarized, and the “Preliminary Proposed Brownfields Agreement”, which must be initialed. (Be advised that the Preliminary Proposed Brownfields Agreement is primarily an informational form for the NCBP to use in generating the brownfields agreement and is not the actual brownfields agreement that will be signed by DENR.) 1. Based upon the review of the application, the NCBP will provide the applicant PD one of the following: A. A Letter of Eligibility (LOE) indicating that the property is eligible for continued negotiations towards a brownfields agreement. Upon receipt of an LOE, the initial statutory fee of $2,000 is due from the PD to the NCBP. At this point, the PD also needs to submit any and all environmental data it has or can obtain regarding the site; B. A Letter of Deficiency indicating that the submitted application is deficient in some manner and eligibility cannot be determined, at which time additional information or corrections to the application will be requested from the applicant PD; or C. A letter indicating that the property and/or the applicant PD are ineligible for a brownfields agreement. The above steps end the application process. The remainder of the process of obtaining the brownfields agreement is summarized as follows: 3. The NCBP reviews the existing environmental data and determines if there are knowledge gaps. The NCBP may require additional assessment to be conducted by the PD to fill in those gaps. Depending on the situation, such assessment may be required prior to completion of a draft brownfields agreement or it may be incorporated in the brownfields agreement requirements. 4. The NCBP considers all data at hand and drafts the brownfields agreement outlining those items necessary to make the site suitable for the uses intended while fully protecting public health and the environment. These items could include land use restrictions, engineered controls, remedial actions or a combination of these actions. The draft BFA is forwarded to the PD. 3 5.The final draft brownfields agreement is negotiated and finalized between DENR and the PD.The statutory ancillary documents are prepared (including a brownfields property plat and Notice of Intent to Redevelop a Brownfields Property) and this notice is opened to public comment for a minimum of 30 days. 6.A second fee, required by statute to defray the costs to DENR and DOJ, will be due from the PD prior to execution of the brownfields agreement. Presently this second fee is $6,000,subject to negotiation in the brownfields agreement. Should the prospective developerchoose to negotiate changes to the agreement that necessitate evaluation by the Department of Justice, additional fees shall apply. 7.Any addendum/modification of the Brownfields documents after they take effect willrequire a fee from you in the amount of at least $1,000.00. 8.In the absence of public comment which affects the agreement it is then signed and theagreement becomes effective (i.e., executed). If the NCBP receives public comment or a equest for a public meeting, the NCBP will consider input from the public and determine any necessary changes to the brownfields agreement. It will then decide whether those changeswarrant an additional public comment period or if the brownfields agreement can be executed after the appropriate changes are made. 9.The PD records the Notice of Brownfields Property at the county register of deed’s office. 10.Once executed, brownfields agreements require that the owner of any part of the brownfields property provide an annual certification to the NCBP (known as a Land Use RestrictionUpdate or LURU) that the Notice of Brownfields Property containing the land use restrictionsremains recorded at the register of deeds and that the land use restrictions are being complied with. Please contact NCBP if you have questions or require additional guidance regarding this application form or the process. Contact information is available on our website: www.ncbrownfields.org or by calling 919-707-8200. 4 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 JW Industrial Group, LLC Principal Officer J. Will Dellinger, Manager Representative Mailing Address 2130 North Tryon Street Charlotte, NC 28206 E-mail address will@jwdemolition.com Phone No. 704.332.7150 Fax No. 704.332.7151 Web site www.jwdemoltion.com B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if different than above): Name Company Mailing Address E-Mail Address Phone No. Fax No. 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 5 If manager-managed, provide name of manager and percent of ownership: Name James William Dellinger, Jr. Ownership (%) Mailing Address E-Mail Address Phone No. 100% 2130 N. Tryon Street Charlotte, NC 28206 will@jwdemolition.com (704) 332-7150 Fax No. For all LLCs, list all members of the LLC and provide their percent of ownership: Name James William Dellinger, Jr. Ownership (%) Mailing Address E-Mail Address Phone No. 100% 2130 N. Tryon Street Charlotte, NC 28206 will@jwdemolition.com (704) 332-7150 Fax No. Name Ownership (%) Mailing Address E-Mail Address Phone No. Fax No. Name Ownership (%) Mailing Address E-Mail Address Phone No. Fax No. 6 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: 7 (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: (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 Approximately $564,000 is remaining in an $800,000 environmental escrow that was established to fund finalization of the Brownfields Agreement for this property. The $236,000 expended to date has been utilized to perform extensive assessment and reporting work at the property (to be submitted to NCDEQ) to establish baseline environmnetal conditions in support of the BFA. This escrow is also planned to be utilized to perform closure of existing coal combusion byproduct (CCB) ponds located on the property. Remaining funds will be expended to complete additional work requred by NCDEQ to complete the BFA. 8 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 Geosyntec Consultants of NC, PC to guide 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 Geosyntec Consultants of NC, PC to guide 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.) H. Does PD currently own the property? Answer No 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.) If no, provide the name, address, telephone number and e-mail address of the contact person for the current property owner David Fraimow, LBC Credit Partners, Inc., Cira Centre, 2929 Arch Street, Suite 1550, Philadelphia, PA 19104-7340 (215) 972-89024 or dfraimow@lbccredit.com I. If PD does not currently own the property, does PD have the property under contract to purchase? Answer Yes 9 If yes, provide date of contract. 9/13/16 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. 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 yet acquired II. SITE INFORMATION A. Information regarding the proposed brownfields property: Proposed project name True Textiles - reference NCDEQ Brownfields Project Number 19083-15-86. acreage 72+ (summation of parcels) street address(es) The main parcel is located at 321 (formerly 304) East Main Street. Other parcels do not appear to have physical street addresses. Reference NCDEQ Brownfields Project Number 19083-15-86. city Elkin County Surry zip 28621 tax ID(s) or PIN(s) 495115534150, 495115641270, 495115528796, 495115521832. See Attachment 1 and Attachment 2. past use(s) textile mill since 1890s current use(s) textile mill cause(s)/source(s) of contamination: known Historic and current use of Site as a textile plant has lead to CVOC and petroleum related groundwater impacts and arsenic impacts in surface soil suspected An August 2015 Phase I ESA completed by Hart Hickman identified 12 RECs at the main mill facility 10 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: N.C. Division of Waste Management - UST Program/00-0-0- 0000000876 inclusive of multiple USTs listed under this ID No. all listed as removed. See Attachment 3 for UST List excerpt from Environ's July 2007 ESA and Limited Compliance Review. Agency Name/ID No: NCDEQ Brownfields Project Number 19083-15-86 Agency Name/ID No: NCDENR Title V Air Quality Permits/No. 01315T21 Agency Name/ID No: NPDES/No. NCG500000 and No. NCG170000 Agency Name/ID No: NCDENR/No. WQ0013982 (permit to land apply sludge off-site) C. In what way(s) is the property abandoned, idled, or underused? The buildings on the main mill facility parcels total 1.5 million square feet of which 1.1 million square feet is unused. In addtion to the under-utilized building space, land at the site is also under-utilized. Unclosed coal combustion biproduct (CCB) ponds are located on the southern parcel and inhibit use/redevelopment. See Attachment 4 for current and former Site building usage. 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)? The proposed lessee and prospective developer are concerned about existing impacts to groundwater and soil and presence of CCBs. To facilitate reuse of the property, mitigation measures may be required. These measures will make the property more desireable to interested buyers and lessees. 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)? Underlying impact to groundwater and the residual soil impacts associated with the property leave potential buyers and future tenants trepidatious. A Brownfields Agreement would provide interested buyers protection from the associated environmental liability. In addition, relocating the textile mill operations will open up the existing parcels to alternative uses. 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. 11 The intent is to comprehensively redevelop the property. The property is located on the Yadkin River and would be ideal for recreation, retail and business use. The intent is to work with the Elkin Redevelopment Council and/or form a public-private partnership (P3) to convert the property into a mixed use area benefiting the surrounding community. As part of this effort, JW Industrial Group plans to close the CCB ponds in place to elminate the existing attractive nuisance and human health and safety/exposure hazard. The redevelopment may be conducted in stages. The first stage would be the relocation of the textile operations to facilitate desireable reuse. The property currently has over 80 structures on site many of which are antiquated and do not meet current building code and are not eligible for certificate of occupancy. Selective green demolition and recycling of materials will facilitate future new development and new structures built to current standards and code and improve the access, curb-appeal, and green space site wide. A market analysis will be performed to help evaluate use options. Usable buildings will be separated/subdivided for future users and utilites will be separated where applicable making buildings efficient and affortable for small businesses to lease. JW Industrial Group ultimately desires to divest themselves of portions of the property and sell in part to new users and developers. In the near term, JW Industrial Group plans several beneficial reuse and redevelopment steps which create jobs, reutilize currently unoccupied building space and utilizes the property for community benefit. G. Current tax value of brownfields property: $1.9M H. Estimated capital investment in redevelopment project: $2.5M 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 bring about. The inclusion of such support letters with this application is recommended and encouraged.) The following are public benefits that would result from the property's redevelopment: 1. Job creation: Currently there are 110 people employed at the textile mill. These jobs would be preserved during the relocation of the textile mill operations and additional jobs would be created as property was converted to a mixed use area for the community. 2. Tax base increases: Opening up this site to new buisnesses will increase the tax base. 3. Revitalizaiton of blighted areas: Currently the area is underused. The redevelopment, potential environmental cleanup, and relocation of the textile operations will help revitalize the area. 4. Preserved green space: The property occupies a great location along the Yadkin River. If the now underused land was used for recreation purposes, the community would have increased green space access 5. Retail shopping opportunites: The plan to convert this to a mixed use space would include opportunties for retailers to move into the space. 6. Environmental cleanup activities: In order to redevelop the area and make it desirable to buyers, groundwater and soil impacts and CCB may need to be addressed. 12 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. JW Industrial Group will recycle/resell or reuse a percentage of demolition debris including but not limited to brick, timbers and scrap metal. 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 JW Industrial Group, LLC Mailing Address 2130 North Tryon Street Charlotte, NC 28206 E-Mail Address will@jwdemolition.com Phone No. 704.332.7150 Fax No. 704.332.7151 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 13 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. See attached Figure 1 (Attachment 1). 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 no 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: Shirley.Liggins@ncdenr.gov with a clear indication as to which Brownfields Application they apply to. Are photographs of the property included with this application? Answer yes, see Attachment 5. Have electronic copies of the photographs been emailed to NCBP? Answer no 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 Reference reports previously provided as NCDEQ Brownfields Project Number 19083-15-86. If environmental reports/data are being submitted with this application, please provide the title, date and author of each item being submitted: None. 14 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. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NoRTH CAROLINA BR0wNEIELDs PRoGRAM IN THE MATTER OF:<<JW Industrial Group,LLC>> UNDER THE AUTHORITY OF NORTH CAROLINA GENERAL STATUTES313OA-310.30,et.seq. )AFFIDAVIT )RE:RESPONSIBILITY )AND COMPLIANCE <<3.William Dellinger,Jr.>>,being duly sworn,hereby deposes and says: 1.I am <<Manager>>of JW Industrial Group,LLC. 2.[if signatory is not President,add this paragraph:“I am fully authorized to make the declarations contained herein and to legally bind <<3W Industrial Group,LLC>>.”] 3.JW Industrial Group,LLC is applying for a Brownfields Agreement with the North Carolina Department of Environment and Natural Resources,pursuant to N.C.G.S.3 130A,Article 9,Part 5 (Brownfields Act),in relation to the following <<495115641270,495115534150,495115521832, 4951 15528796>>parcel(s)in <<Elkin>>,<<Surry>>,County,North Carolina:<<321 (formerly 304) East Main St,>> 4.I hereby certify,under the pains and penalties of perjury and of the Brownfields Act,that <<JW Industrial Group,LLC>>,and any parent,subsidiary or other affiliate meets the eligibility requirements of N.C.G.S.3 130A-3 10.3 1(b)(10),in that it has a bonafIde,demonstrable desire to buy ~sell ~for the purpose of developing or redeveloping,and did not cause or contribute to the contamination at,the parcel(s)cited in the preceding paragraph. 5.I hereby certify,under the pains and penalties of perjury and of the Brownfields Act,that <<JW Industrial Group,LLC>>meets the eligibility requirement ofN.C.G.S.3130A-3 10.32(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 parent,subsidiary or other affiliate has been a party; b.the requirements applicable to any remediation in which it or any parent,subsidiary or other affiliate has previously engaged; c.federal and state laws,regulations and rules for the protection of the environment. Name Sworn to and subscribed before me this /i/day of ~s~0ch’y~(d2iV ,2O”~. ______________________________Notary Public L4i~-~ Date My commission expires: 14 17 Preliminary Proposed Brownfields Agreement I. Property Facts a. Property Address(es): 321 (formerly 304) East Main Street Elkin, NC b. Property Seller: LBC Sub III, LLC c. Property Buyer: JW Industrial Group, LLC d. Brief Property Usage History: textile mill since 1890s 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 18 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): PCE TCE DCE TCA DCA yes Petroleum: ASTs USTs Other DRO Benzene yes Other (list): i n or g an i cs Metals (list): Ar Cr Pb Other (list): III.Protective MeasuresI 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 19 final brownfields agreement generated by the NCBP, land use restrictions will ultimately come with the continuing obligation to submit an annual certification that the Land Use Restrictions are being complied with and are recorded at the applicable register of deeds office.) IV.Fees In connection with a brownfields agreement, the Act requires that the developer pay fees to offset the cost to the Department of Environment and Natural Resources and the Department of Justice. In satisfaction of the Act, the following fees apply to any brownfields agreement that is developed for this project, subject to negotiation of the brownfields agreement: a. A $2,000 initial fee will be due from the applicant PD when both of the following occur: 1) NCBP receives this application and proposed brownfields agreement, AND 2)NCBP notifies the applicant in writing that the applicant PD and the project are eligible for participation in the NCBP and continued negotiation of a brownfields agreement. b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields agreement. Should the prospective developer choose to negotiate changes to the agreement that necessitate evaluation by the Department of Justice, additional fees shall apply. c.Any addendum/modifications to the BFA or NBP after they are in effect will result in anadditional fee of at least $1,000. d. In the unexpected event that the environmental conditions at the property are unusually complex, such that NCBP’s costs will clearly exceed the above amounts, NCBP and PD will negotiate additional fees. ________ Please check this box and initial in space provided to indicate your acknowledgement of the above fee structure. Date of Submittal: ____________________________ Per the NCDEQ Brownfields Regulator, re-submital of BFA fees for the referenced Site are not required. The BFA fees for the Site were previously paid for by LBC SUB III, LLC. 20 September 2016 Attachment 1 495115534150 495115641270 495115528796 495115521832 Copyright:© 2013 National Geographic Society, i-cubed ³ Source: 2013 National Geographic Society, i-cubed Pa t h : ( R a l e i g h - 0 1 / D a t a ) N : \ G N 6 0 5 4 L B C S u b s I I I \ G I S \ MX D \ F 1 _ S i t e L o c a t i o n _ R e v 0 . m x d 0 1 S e p t e m b e r 2 0 1 6 R ED Site Location Former True Textiles Facility 321 East Main Street Elkin, North Carolina 2,000 0 2,0001,000 ft. Raleigh, NC September 2016 Figure 1 Attachment 2 Former True Textiles Property Parcels (Owned by LBC, LLC) Part of True Textiles property, but not part of Brownfields proposal Overview of Elkin Parcels owned by LCB, LLC (Former True Textiles) Part of True Textiles property, but not part of Brownfields proposal 495114227884 Town Water Tower Primary Plant Parcel 495115641270 MiscParcel 1 495115534150 MiscParcel 2 495115521832 Weave II & III Parcel 495115528796 Primary Plant Parcel Finishing Warehouse Offices Extrusion Boiler Weave II and III Parcel Weave III Weave II Proposed Weave II Parcel to be leased to Victor including holding pond WWTP CMI Owned Flyash Basins & Proposed “Flyash Parcel” to closed in place/capped. Possible “Bee Keeper” Property Attachment 3 Attachment 4 Phase I ESA - True Textiles Mill 304 East Main Street, Elkin North Carolina Table 1 - Current and Former Building Use Bldg #Floor Current Use Former Use Concerns 1 1 Storage and shipping "" 1 2 Storage and shipping, recycling materials storage area "" 1 3 Storage "" 2 1 Inspections "" 3 1 Drying Operations "" 3 2 Vacant Shipping/Storage 3 3 Vacant Shipping/Storage 4 4 Latex Storage Shipping 5 1 Finishing, Latex coating, scotchguard, etc."" 6 1 Shipping and Receiving "" 6 2 Storage of Fabric "" 7 1 Warehousing Warehousing/Intake from rail cars 7 2 Warehousing "" 7 3 Warehousing "" 8 1 Finishing and Washing Dyehouses/Dyeing operations REC 8 1a Vacant Basement - Chemical mixing area REC 8 2 Vacant Chemical Storage REC 9 1 Finishing / Universal Waste Stg "" 9 2 Storage and Offices Chenille 9 3 Storage and Offices Burling 9 4 Storage and Offices Sample/Storage 10 1 Concrete Railroad Platform Formerly Latex AST storage 11 1 Oil Drum Storage for Piece Dyeing Operations Finishing/Piece Dyeing Operations 11 2 Vacant Dye storage 12 1 Vacant Finishing/Piece Dyeing Operations 12 2 Vacant Maintenance Area, formerly drum storage with staining 13 1 Vacant Finishing/Piece Dyeing Operations 14 1 Vacant Finishing/Piece Dyeing Operations 15 1 Vacant Dyeing Operations 15 2 Vacant Storage 16 1 Vacant Former Finishing/Washing and Warehousing with pits for finishing operations 17 1 Gym/Vacant Former Printing Operations, Bank, Gym, Bowling Alley REC 17 2 Offices/Vacant Offices/Lab Testing REC Phase I ESA - True Textiles Mill 304 East Main Street, Elkin North Carolina Table 1 - Current and Former Building Use 18 1 Offices Former Printing Operations, Bank, Gym, Bowling Alley 18 2 Offices "" 18 3 Offices "" 19 1 Warping Machine and Vacant Weaving 19 2 Vacant Taslan/Spinning 19 3 Vacant Spinning/Carding 20 1 Vacant Training Center/Recreation Cabin 21 1 Vacant Dyehouse 22 1 Vacant Offices and Engineering 22 2 Vacant Blending 23 1 Vacant Machine Shop and Maintenance - Utilized Parts Washer REC 23 2 Vacant Taslan REC 23 3 Vacant Spinning/Carding REC 24 1 Vacant Training Center 24 2 Vacant Training Center 24 3 Vacant Training Center 25 1 Vacant Maintenance area REC 25 1a Vacant Maintenance area REC 26 1 Vacant Maintenance 26 2 Vacant Maintenance 26 3 Vacant Warp Storage 26 4 Vacant Stockroom 26 5 Vacant Carding 27 1 Water Treatment with Alum "" 27 2 Water Treatment with Alum "" 28 1 Boiler Storage Boiler/Energy Conversion from Coal to Electric 29 1 Used Oil AST for Machine Maintenance Oil Storage and Warehousing 29 1a Natural gas boiler area Dyehouse REC 30 1 Boiler storage - Out of Use Boiler storage - coal 30 2 Boiler storage - Out of Use Boiler storage - coal 31 1 Vacant Dyehouses and Dyeing Operations REC 31 2 Vacant Dye Storage, Lab REC 32 1 Nylon extrusion Nylon extrusion, Historically Utilized Tri-ethylene Glycol to Clean Excess Nylon from Metals REC 32 2 Nylon extrusion Nylon Extrusion REC 32 3 Nylon extrusion Nylon Extrusion REC 33 1 Nylon extrusion Nylon Extrusion REC 34 1 Nylon extrusion Nylon Extrusion REC 35 1 Vacant Warehousing Phase I ESA - True Textiles Mill 304 East Main Street, Elkin North Carolina Table 1 - Current and Former Building Use 36 1 Vacant Garnet 37 1 Vacant Garnet 38 1 Vacant Warehousing 39 1 Offsite Offsite 40 1 Offsite Offsite 41 1 Offsite Offsite 42 1 Offsite Offsite 43 1 Offsite Offsite 44 1 Offsite Offsite 45 1 Offsite Offsite 46 1 Warping and candle storage Warping 47 1 Storage and warehousing "" Fly Ash Out of use Fly Ash disposal and settlement area REC Attachment 5 Photograph 2: General overview of Area 2. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 1: General overview of Area 1. Photograph 4: General overview of Area 4. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 3: General overview of Area 3. Photograph 6: General overview of Area 6. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 5: General overview of Area 5. Photograph 8: General overview of Area 8, looking at a dry fly ash basin. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 7: General overview of Area 7. Photograph 10: General overview of Building 20 within Area 9. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 9: General overview of Area 9. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 11: Typical office area within the Site buildings. Photograph 12: Typical textile processing within the Site buildings (i.e. washing, drying, and coating). VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 13: Typical storage operations within the Site buildings. Photograph 14: Nylon extrusion operations located on the Site. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 15: Warping operations on the Site. Photograph 16: Alum and soda ash water treatment operations on the Site. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 17: Typical drum storage observed with active staining. Photograph 18: Typical drum and tote storage observed on the Site. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 19: 20,000-gallon fuel oil AST located in Area 5. Photograph 20: 500-gallon used oil AST within Building 29 of Area 5. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 21: 750-gallon Alum AST located in Area 5. Photograph 22: Liquid nitrogen tank located in Area 6. VC P -00 1 T1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 23: Typical fuel oil AST for fire suppression operations located on the Site. Photograph 24: Typical propane AST located on the Site. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 25: Intake pond from Little Elkin Creek located in Area 7. Photograph 26: Equalization basin within Area 5. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 27: Out of use clarifier within Area 5. Photograph 28: Water storage reservoir within Area 9. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 29: Typical floor drain with observed staining within the Site building. Photograph 30: Floor drain and parts washer area within Building 23 with observed historic staining. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 31: Typical monitoring well located on the Site. Photograph 32: Duke Energy substation located on the Site in Area 5. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 33: Typical transformers owned by True Textiles within the Site buildings. Photograph 34: Dumpster storage located on the Site. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 35: Typical discarded mill waste within Areas 7 and 8. Photograph 36: Fly ash disposal within Area 8. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 37: General view of the former machine shop/maintenance area with stained and pitted floors within Buildings 23. Photograph 38: Typical staining within the boiler rooms of Area 5. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 39: General overview of a former dye house on the Site. Photograph 40: Typical staining observed within a former dyeing pit. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 41: Typical staining observed within a former dyeing pit. Photograph 42: General overview of the former chemical mixing area in the basement of Building 8. VC P -00 1 T 1 True Textiles 304 East Main Street Elkin, North Carolina 2923 S. Tryon Street, Suite 100 Charlotte, NC 28203 704.586.0007(p) 704.586.0373(f) Photograph 43: Typical staining within the former chemical mixing room. Photograph 44: