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HomeMy WebLinkAbout20028_Alcatel Facility_Executed Consent form_20160411 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 Environmental Quality’s (DEQ’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 DEQ 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 DEQ 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 Environmental Quality Division of Waste Management Mail Service Center 1646 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 DEQ.) 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 DEQ 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 DEQ and DOJ, will be due from the PD prior to DEQ’s execution of the brownfields agreement. Presently this second fee is $6,000, subject to negotiation in 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. 7. Any addendum/modification of the Brownfields documents after they take effect will require a fee from the proponent of the modification in the amount of at least $1,000.00. 8. In the absence of public comment which affects the agreement, it is then signed by DEQ and becomes effective upon execution by PD. If the NCBP receives public comment or a request 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 changes warrant 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 Restriction Update or LURU) that the Notice of Brownfields Property containing the land use restrictions remains 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 I.T.B. Holdings, L.L.C. Principal Officer Sherman Richardson Representative Kevin Benedict Mailing Address 8 Kendall Drive Chapel Hill, NC 27517 E-mail address kwbenedict@gmail.com Phone No. 919.810.4410 Fax No. N/A Web site N/A B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if different than above): Name Paul Munana Company Regency Centers Mailing Address 2068 Clark Avenue Raleigh, NC 27605 E-Mail Address paulmunana@regencycenters.com Phone No. 919.831.4905 Fax No. 919.755.1131 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 Sherman Richardson Ownership (%) 13.2% Mailing Address 8 Kendall Drive Chapel Hill, NC 27517 E-Mail Address swr@nc.rr.com Phone No. 919.247.6350 Fax No. N/A *Mr. Robert Richardson and Ms. Laura Van Sant are also managers (information set forth below), and any one manager of the PD is authorized to execute agreements on behalf of the PD. For all LLCs, list all members of the LLC and provide their percent of ownership: Name Robert Richardson Ownership (%) 31.3% Mailing Address 105 Miramar Place Chapel Hill, NC 27517 E-Mail Address brichardson@rrhedge.com Phone No. 919.819.6259 Fax No. N/A Name Laura Van Sant Ownership (%) 5% Mailing Address 8207 Reynard Road Chapel Hill, NC 27516 E-Mail Address laura@300eastmain.com Phone No. 919.923.4343 Fax No. N/A Name Patricia Benedict Ownership (%) 10% Mailing Address 4812 Patton Ridge Court Raleigh, NC 27612 E-Mail Address patti@300eastmain.com Phone No. 919.332.1842 6 Fax No. N/A Kimberly Benou 7% 564 Lawrence Avenue Westfield, NJ 07090 benou@aol.com 908.232.8404 Kathryn Stewart 20.3% 8911 N.C. Highway 751 Durham, NC 27713 jeboothfarms@yahoo.com 919.971.6461 Kay Richardson 13.2% 8 Kendall Drive Chapel Hill, NC 27517 kayrichardson@nc.rr.com 919.942.4800 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: None (Use for Partnerships) Check one: General Partnership Limited Partnership 7 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: (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. 8 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 The project is planned to be a joint venture between I.T.B. Holdings, L.L.C. ("ITB") and a to-be-formed, wholly owned subsidiary ("Regency") of Regency Centers Corporation. Regency Centers Corporation is a publicly-traded Real Estate Investment Trust (NYSE:REG), has been in operation for more than 50 years, owns and operates 318 retail centers totalling 42.8 million square feet across the US and develops properties similar to the project. ITB was established in 2003 and has substantial equity in 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 ITB has access to an outside professional environmental engineering and consulting firm to provide the managerial resources required to fully implement a brownfields agreement, and to assure the 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? 9 Answer Yes Explanation ITB has access to an outside professional environmental engineering and consulting firm to assist with technical needs required to fully implement a brownfields agreement and assure the safe use of the property. 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.) Certain members of the PD are also members of a separate entity, Main Street Properties of Chapel Hill, LLC, which is a party to the following projects in the NCBP: Former Don Christian Property, 310 E. Main St., Carrboro, Orange County, NC (formerly 206 E. Main St.) (Brownfields Project #07025-03-68); and Padgette Lane Brownfields Site, 105 Padgette Lane, Carrboro, Orange County, NC (Brownfields Project # 08016-04-68). 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.) ITB purchased the property on July 28, 2003 from Alcatel USA Sourcing LP. ITB did not cause any contamination on the property. At the time of its purchase, Alcatel USA Sourcing LP (and its predecessors or affiliates) had ceased all operations at the property, and ITB is not affliated with the previous property owners. ITB has not operated at the site and the only current use of the site is leased for parking. The contact information for ITB is the same as 1.A. It is anticipated that the property will be transferred to a joint venture entity comprised of both ITB and Regency. Alcatel USA Sourcing LP purchased the property on January , 19, 1999 from Alcatel NA Network System Corp/ITT Telecommunications Corp., who purchased the property in 1979. If no, provide the name, address, telephone number and e-mail address of the contact person for the current property owner I. If PD does not currently own the property, does PD have the property under contract to purchase? Answer 10 If yes, provide date of contract. 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)? 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.) Since purchased by ITB in 2003, the property has remained unoccupied and unused except for being leased for parking uses, including satellite parking for a rental car fleet, at present, on the northern, western and eastern sides of the property. A Google Earth image showing the parking areas is included in the photolog included with this application. Other than parking, environmental remediatation, building demolition which assisted remediation activities, and groundwater monitoring are the only activities which have occurred on the property throughout this time period. The previous operational and remediation areas of the property are fenced to prevent entry by unathorized personnel. II. SITE INFORMATION A. Information regarding the proposed brownfields property: Proposed project name Proposed Midtown East Development acreage 23.12 County Wake street address(es) The property is located at 2912 Wake Forest Road. The area to be included under the Brownfields agreement includes the entire parcel. city Raleigh zip 27609 tax ID(s) or PIN(s) 1715241148 past use(s) As summarized in the Corrective Measures Study prepared by AMEC, the former Alcatel facility (Site) consists of 23.12 acres and previously held a 234,000 square foot building, as well as other storage and maintenance buildings, parking areas, and landscaped areas. The Kellogg Corporation, a division of ITT, began operating at the facility in 1958, producing telecommunications equipment. Alcatel bought the facility in 1987 and performed electroplating operations as part of the manufacturing process until 1990. Alcatel obtained a 11 Resource Conservation and Recovery Act (RCRA) permit to store hazardous wastes at the site, including wastes with the following waste codes: F001, F002, F005, F006, F008, D001, D002, and D008. Under the RCRA permit, Alcatel was authorized for the following: • Storage of the wastes described above in 55 gallon containers on two uncovered pads at the site; • Drying of dewatered wastewater treatment sludge by evaporation while stored in a roll-off container located on the former sludge treatment container storage pad; • Maintenance of in-ground holding tanks which received aqueous tin, lead, copper, chromium, nickel, mineral acid, caustics, and ammonium bifluoride wastes from the circuit board manufacturing processes; and, • Treatment of wastes and rinse water at the on-site waste water treatment plant (WWTP). The printed circuit board manufacturing operations at Alcatel ceased in 1990. At that time, all circuit board manufacturing equipment was decontaminated and sold. Structures associated with the manufacturing process, such as holding tanks and plating trenches, were decontaminated and decommissioned following the shut-down of manufacturing operations. The WWTP was also closed and decontaminated in 1991. The former WWTP equalization basin was converted into a chilled water storage tank unit, which was then used as part of the facility heating, ventilating, and air-conditioning (HVAC) system. The remaining WWTP equipment was dismantled. The area was decontaminated and a level concrete floor was poured over the existing floor. The area was converted for use as a maintenance area. The facility was then used for research and development and offices. Under the RCRA Program, assessment and remedial activities have been conducted since 1986 to move the site toward closure. There were various Areas of Concern (AOCs) which were initially identified during the RCRA Facility Investigation. The majority of these AOCs have been closed and currently the only contaminants of concern (COCs) remaining include various solvents such as tetrachloroethene (PCE) and its daughter products, and 1,1,2-trichloroethane (TCA) and its daughter products, and 1,4-dioxane. Areas impacted with metals were previously addressed. The site was sold in July 2003 to ITB and the site is currently not occupied. Alcatel-Lucent USA, Inc. is the RCRA permitee and is the responsible party for the RCRA Permit obligations. RCRA post closure activities are conducted under the RCRA Hazardous Waste Permit (NCD 003-185-238), which was modifiied and reissued on February 9, 2011. A copy of the RCRA permit is attached as part of this application. current use(s) As stated above, the property is unoccupied. The former on-site buildings have been removed and only the concrete slab remains in addition to the treatment building. ITB has not used the site for any purpose other than parking since purchasing the property in July 2003. cause(s)/source(s) of contamination: known Both soil and groundwater were contaminated by previous on-site activities, associated with the manufacture of telecommunication equipment and circuit boards. Soil is known to be impacted with PCE, TCA, dichloroethane (DCA), and dichloroethene (DCE). The AOCs were concentrated in the process area and the alleyway and consisted of impacts with volatile organic compounds (VOCs). One AOC (Area 4 of AOC #1), located in the alleyway was initially impacted with lead at concentrations which constituted a hazardous 12 waste. This material was excavated and the underlying soils were analyzed using the Toxic Characteristic Leaching Procedure (TCLP) method. A copy of the September 2007 Disposal of Lead Contaminated Asphalt and Soil - Area-4, report prepared by TRC Environmental Corporation is attached as part of this application. Of the remaining AOCs, soil remediation by Alcatel has been conducted on the site, and remaining impacted soils are reportedly below the Preliminary Health-Based Industrial/Commercial SRGs. Tables and figures documenting the areas where soil excavation was conducted and the results of the confirmation sampling are provided in the April 2010 Soil Excavation Report prepared by AMEC Earth and Environmental and attached to this application. The site has been well assessed and although there is potential for other undiscovered source areas to exist, the potential is extremely limited. Figures showing the location of the AOCs are provided in the Feburary 1996 RCRA Facility Investigation for AOC#1 and AOC#2 , Volume 1 of 2 prepared by National Environmental Technologies, Inc. and attached as part of this application. Groundwater is currently known to be impacted in both the shallow overburden and bedrock aquifers with PCE, 1,4-Dioxane, 1,2-TCA, 1,1-DCA, 1,2-DCA, TCE, and vinyl chloride at concentrations that exceed the North Carolina 15A NCAC 2L Groundwater Standards. During the most recent groundwater sampling event conducted on the property in April 2015, depth to groundwater measurements across the property ranged from 5.87 feet below land surface (bls) to 12.37 feet bls. The depth to groundwater measured in the area of planned redevelopment ranges from 6.86 feet bls to 10.43 feet bls.Groundwater flow on-site is predominately towards the southwest.The April 2015 Groundwater Monitoring Report prepared by AMEC Foster Wheeler is attached as part of this application. Groundwater is not anticipated to be encountered based on planned grading/filling activities and known depth to groundwater (in fact, finished grade will be approximately 4 feet above existing grade). In fact, for redevelopment the site grade will be raised several feet to be in line with the adjacent Holly Park Shopping Center located to the north of the property. Therefore, the likelihood of encountering impacted soil and groundwater during construction is further reduced. Remedial activities by Alcatel pursuant to the RCRA Permit recently conducted at the site included operation of a large pump and treat groundwater remediation system, additional assessment activities to fully define the source area, and pilot testing of various potential remedial alternatives. In 2007, in-situ chemical oxidation using persulfate was pilot tested to determine if direct injection would be an appropriate alternative to address shallow groundwater. In 2009, over 300 tons of impacted soil were removed from the source area and transported off-site for disposal under the NCDEQ Contained Out policy. This action was designed to complete the remediation of on-site soils that exceeded applicable health based remedial goals. To address the source material in groundwater, in 2012 a soil blending in-situ remediation event was performed to address the aquifer material below the previous soil excavation area. The saturated material was addressed by mixing persulfate calalyzed by sodium hydroxide using a soil blender operated by Lane Tools. The saturated soil column was treated from appoximately 13 feet bls to the top of competent bedrock at approximately 22 feet bls. Prior to the soil blending, the large manufacturing building was razed to allow access for the on- site activities. Semi-annual groundwater monitoring has been conducted for over a decade. The most recent groundwater sampling event was conducted in April 2015. Based on the success of the soil blending activities to address the source material, the site is now under a monitored natural attenuation alternative and groundwater monitoring will be reduced to an 13 annual schedule. The remedial activities appear to have been successful in reducing the progression of the groundwater plume so steady state conditions can be achieved. suspected Soil vapor was not assessed on the site. Although the groundwater concentrations in the central portion of the property do exceed the NCDEQ DWM industrial/commercial vapor intrusion groundwater screening levels, based on the proposed redevelopment plan, a parking area (with surface and deck parking) would be located in this area. 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: NCDEQ, DWM, Hazardous Waste Branch/NCD003185238 Agency Name/ID No: Agency Name/ID No: Agency Name/ID No: Agency Name/ID No: Agency Name/ID No: C. In what way(s) is the property is abandoned, idled, or underused? The property is located in a prominent commercial location within the "belt line" (Interstate Highway 440) and the city limits of Raleigh, and is surrounded by many high end hotels, restaurants, and other retail and commercial facilities. Due to the environmental impacts assocated with the property it has been vacant and has sat idle and in disrepair since the cessation of Alcatel's operations in 2002/2003. The property has not been occupied or used since its purchase by ITB in July 2003. Prior to the building being razed by ITB, it was frequently vandalized and was a home for vagrants. The buildings on-site were removed in 2012 to facilitate environmental remediation activities and because they were in such disrepair that they represented a potential hazard. The only activities conducted on-site have been associated with environmental remediation by Alcatel pursuant to its RCRA Permittee obligations and parking vehicles. Since a significant portion of the soil and groundwater impacts have been either treated or removed by Alcatel, the property owner plans to redevelop the site into a retail center with commercial/retail structures. This property re-use will greatly improve the asthetics of the property and will significantly reduce the presence of vagrants and trespassers in the general area. 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)? 14 Redevelopment of the property is contingent upon obtaining a Brownfields Agreement. With the known impacts, lenders will require the liability protection offered by the Brownfields Agreement to finance the property. 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)? The prior history of the site use as a telecommunications equipment and circuit board manufacturing facility for over 30 years by Alcatel entities has resulted in the known environmental impacts to the soil and groundwater at the site. The PD requires the liability protections provided by a Brownfields agreement to consider the joint venture, and subsequently to obtain financing, as needed. 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 site is planned to be redeveloped for commercial use (primarily retail with potential ancilliary office or hotel use). The conceptual redevelopment plan is attached and includes retail buildings, a parking deck, and outparcels/free-standing buildings. The likely use for the large retail footprint to be located on the Easternmost portion of the parcel. G. Current tax value of brownfields property: $8,541,245.00 (Value as March 29, 2016 reported on Wake County tax records) H. Estimated capital investment in redevelopment project: $25,000,000 - $30,000,000. 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.) It is anticipated that ITB and Regency via a JV partnership intend to redevelop the site for mixed commercial and retail use. Public benefit would include improvement to the neighborhood and revitalization. Its location would enhance the neighborhood by renovating the fenced vacant existing lot that has become a visual nuisance to local residents, and a refuge for vagrants. After sitting idle and vacant for over 15 years, the property would be transformed into a commercial and retail development that would be a destination for local residents. The property is located in the heart of Raleigh inside the belt line in a thriving area. Redevelopment of the property would continue to enhance the revitalization of the neighborhood by providing a more aesthetically pleasing and functional structure, attracting retailers and 15 residents into the central Raleigh area, and potentially attracting further revitalization in the area. Smart growth will be employed by utilizing previously developed land within the the Raleigh city limits area. With the redevelopment of this property by ITB and Regency, the site will once again be used, jobs will be created as part of the redevelopment process and commercial retail reuse, and the tax base will be increased through the addition of a prime commercial and retail property in the central Raleigh area. 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 contemplated joint venture will consider a wide range of environmentally friendly technologies and designs and will employ the same if they make financial sense as part of the redevelopment program. Regency has an internal initiative termed "Greengenuity" which includes elements of LEED and related green and environmentally friendly "Best Practices" which it applies to its projects on a case-by-case basis. 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 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. An original hard copy of this affidavit must be filled out, signed, notarized and submitted with this application.) Is the required affidavit, as described above, included with this application? Answer Yes 16 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 location of 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 format as the base for its location map.) Is the required location map included with this application? Answer Yes, See attached Figure 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 Yes. A preliminary Survey is attached to this application for NCBP review. 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 A photographic log showing the current condition of the property has been electronically forwarded to the NCBP. Have electronic copies of the photographs been emailed to NCBP? Answer The photo log has been emailed to NCBP for review. In addition, photographs of the site were taken in 2013 as part of remedial activities. These photographs are included in the April 2013 RCRA Corrective Measures Implementation Report prepared by AMEC Environment and Infrastructure that is included with this application. 17 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 Yes If environmental reports/data are being submitted with this application, please provide the title, date and author of each item being submitted: RCRA Facility Assessment, CDM Federal Programs Corporation, September 18, 1992 Phase II Groundwater Assessment Report, Keebler Company Facility - Aquaterra, Inc., October 18, 1994 RCRA Facility Investigation for AOC#1 and AOC#2 , Volume 1 of 2, Alcatel Network Systems, Inc. - National Environmental Technologies, Inc., Feburary 1996 RCRA Facility Investigation for AOC#1 and AOC#2 , Volume 2 of 2, Alcatel Network Systems, Inc. - National Environmental Technologies, Inc., Feburary 1996 Phase II RCRA Facility Investigation, Alcatel Network Systems, Inc. - Triangle Environmental, Inc., November 1998 Disposal of Lead Contaminated Asphalt and Soil - Area 4, Former Alcatel Facilty - TRC Environmental Corporation, September 7, 2007. Soil Excavation Report, Former Alcatel USA Sourcing, Inc. Facility - AMEC Earth and Environmental , April 13, 2010 Corrective Measures Study, Former Alcatel Facility - AMEC Earth and Environmental, September 16, 2010 Hazardous Waste Management Permit Modification, Alcatel USA, Inc. - North Carolina Department of Environment and Natural Resources, Hazardous Waste Section, February 9, 2011 (identify permit number) RCRA Corrective Measures Implementation Report, Former Alcatel Facility - AMEC Environment and Infrastructure, April 22, 2013 April 2015 Groundwater Monitoring Report, Former Alcatel Facility - AMEC Foster Wheeler, July 2015 04 – ITB-15020 – C-4 – Overall Site Plan, dated 2-10-2016 Boundary Survey For IBT Holdings, LLC Property of Alcatel - Withers & Ravenel, October 16, 2007. 18 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. 20 Preliminary Proposed Brownfields Agreement I. Property Facts a. Property Address(es): 2912 Wake Forest Road b. Property Seller: Same as I.A c. Property Buyer: d. Brief Property Usage History: The Kellogg Corporation, a division of ITT, began operating at the facility in 1958, producing telecommunications equipment. Alcatel bought the facility in 1987 and performed electroplating operations as part of the manufacturing process until 1990. The printed circuit board manufacturing operations at Alcatel ceased in 1990. At that time, all circuit board manufacturing equipment was decontaminated and sold. Structures associated with the manufacturing process were decontaminated and decommissioned following the shut-down of manufacturing operations. The WWTP was also closed and decontaminated in 1991. The former WWTP equalization basin was converted into a chilled water storage tank unit, which was then used as part of the facility heating, ventilating, and air-conditioning (HVAC) system. The remaining WWTP equipment was dismantled. The area was decontaminated and a level concrete floor was poured over the existing floor. The area was converted for use as a maintenance area. The property was sold in July 2003 to ITB Holdings, LLC and the site is currently not occupied, Prior manufacturing and remediation areas have been fenced off and the outer portions of the property are used for parking. The buildings on-site were razed to complete soil and groundwater remediation activities. Alcatel-Lucent USA, Inc. is the party responsible for the RCRA Permit obligations. e. The planned reuse will potentially involve the following use classification(s) (check all that apply): School/childcare/senior care Residential Commercial, retail (specify) Retail with possible ancilliary hotel and/or office Other commercial (specify) Office Light industrial Heavy industrial Recreational Open space Other (specify) 21 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 22 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 TCA PCE 1,4-Dioxa ne TCA DCA TCE VC PCE TCE TCA DCE DCA VC Petroleum: ASTs USTs Other Other (list): i nor ga n ic s Metals (list): lead 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 Apex Companies LLC 10610 Metromont Parkway, Suite 206 Charlotte, NC 28269 Former Alcatel Facility 2912 Wake Forest Road Raleigh, North Carolina Copyright:© 2013 National Geographic Society, i-cubed Figure 1 Site Location Map Client: Regency Centers Scale: 1” = 2,000’ Apex Job #: REGEN-008 Site Site Photographs April 4, 2016 Apex Companies LLC Former Alcatel Facility – 2912 Wake Forest Rd., Raleigh, NC Photograph 1: View front entrance to Subject Property from Wake Forest Road. Property is fenced off for safety and to deter trespassers. Partial view of the northeast portion of the property that is currently used as a commuter parking area. Photograph 2: View from driveway accessing property off of Wake Forest Road facing west. Photograph 3: View of former facility parking lot along Wake Forest Road on the southwestern portion of the property accessed from Wake Forest Rd driveway. This area is located outside of the secured fenced portion of the property. Site Photographs April 4, 2016 Apex Companies LLC Former Alcatel Facility – 2912 Wake Forest Rd., Raleigh, NC Photograph 4: View of former facility parking lot along Wake Forest Road on the northwestern portion of the property accessed from Wake Forest Rd driveway. This area is located outside of the secured fenced portion of the property. Photograph 5: View of the concrete pad and former building location facing southwest from the Wake Forest Rd driveway. Photograph 6: View of the concrete pad and former building location facing south from the former main entrance of the building along Wake Forest Rd. Site Photographs April 4, 2016 Apex Companies LLC Former Alcatel Facility – 2912 Wake Forest Rd., Raleigh, NC Photograph 7: View of the concrete pad and former building location facing southeast from the former main entrance of the building along Wake Forest Rd. Photograph 8: View of the concrete pad and former building location facing east from the former main entrance of the building along Wake Forest Rd. Recycled crushed concrete building material is shown stockpiled on the site. A portion of this crushed concrete building material was used as backfill during the soil blending in-situ remediation activities. Photograph 9: View of the concrete pad and former building location facing northeast from the former main entrance of the building along Wake Forest Rd. NORTH CAROLINA 111 MacKenan Drive Cary, North Carolina 27511 tel: 919-469-3340 fax: 919-467-6008 www.withersravenel.com BOUNDARY SURVEY FOR IBT HOLDING, LLC PROPERTY OF ALCATEL BOUNDARY SURVEY 2 0 7 0 9 3 0 . 0 RALEIGH1 " = 1 0 0 ' 1 1 1 0 / 1 6 / 0 7 B D _ 0 7 3 1 2 C R B WAKE COUNTY C R B 1 i n c h = 1 0 0 f t . 1 0 0 G R A P H I C S C A L E 0 5 0 1 0 0 2 0 0 ‑