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HomeMy WebLinkAbout18035_WestPoint Home_BPA.1-OCRBF SITE INFO SHEET vJ es{-~6mf #ome. Project Number; .. 18035-14-083 AKA: Click here to enter text. Site Name: Geseaeles l=lolding BPA Received: 8/1/2014 Site Address: 19320 Airbase Road Acres: 1100.00 City: Wagram PD Name: PD Company: PD Address: PD City/State/Zip: PD Phone/Fax: PD Email: Contact Name: Contact Address: Contact Address: City/State/Zip: Contact Phone: Contact Email: Contamination: Contaminated Media: Additional Information: Tax IDfPIN: 030419 01001-A County: Scotland Zip: 28396 Allan Hogg Cascades Holding US, Inc. 404 Marie Victorin Blvd. Kingsey Falls, Quebec Canada JOA 1 BO 819-363-5143 FAX: 819-363-5155 ahogg@cascades.com David A. Franchina K&L Gates, LLP 214 North Tryon Street, 47th Floor Charlotte, NC 28202 704.331.7543 Contact Fax: 704.353.3243 dave. franchina@klgates.com Click here to enter text. Click here to enter text. UST-S101166146; IHSB-NONCD0002711 Liggins, Shirley From: Sent: To: Subject: Attachments: Forwarding ... Nicholson, Bruce Friday, August 01, 2014 8:52 AM Liggins, Shirley FW: Brownfields Application -WestPoint Home BroWflfields Property, Wagram, NC Application with Exhibits A and B.pdf From: Franchina, Dave [mailto:Dave.Franchina@klgates.com] Sent: Thursday, July 31, 2014 7:29 PM To: Nicholson, Bruce Cc: Newton, Hope; Makenko, Nadya N. Subject: Brownfields Application -WestPoint Home Brownfields Property, Wagram, NC Bruce, Hope all is well. On behalf of our client, Cascades Holding US, Inc., I am pleased to enclose a Brownfields Application respecting the referenced proposed Brownfields Property. Our client plans a substantial ($77 million) industrial redevelopment of the proposed Brownfields Property, which redevelopment will bring good jobs to a corner of the state that has seen more than its fair share of job loss. The Affidavit (Exhibit A) and Preliminary Proposed Brownfields Agreement (Exhibit B) are also included. Hard copies of all three documents will follow by mail, as will a CD with the remaining exhibits. We will also endeavor to send along an electronic copy of the other exhibits under separate cover. My client has no urgent need for an eligibility determination, but we may be in touch in the coming days on how to co.ordinate redevelopment of the property with the Brownfields process. Please contact me if you have any questions. Regards, Dave II David A. Franchina K&L Gates LLP 214 North Tryon Street 47th Floor Charlotte, NC 28202 Phone: +1.704.331.7543 Fax: +1.704.353.3243 dave. franchina@klgates.com www.klgates.com This electronic message contains information from the law firm of K&L Gates LLP. The contents may be privileged and confidential and are intended for the use of the intended addressee(s) only. If you are not an intended addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me at Dave.Franchina@klgates.com. 1 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 Cascades Holding US, Inc. Principal Officer Allan Hogg Representative Allan Hogg Mailing Address 404 Marie Victorin Blvd. Kingsey Falls, Quebec Canada J0A 1B0 E-mail address ahogg@cascades.com Phone No. 819-363-5143 Fax No. 819-363-5155 Web site B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if different than above): Name David A. Franchina Company K&L Gates LLP Mailing Address 214 North Tryon Street, 47th Floor Charlotte, NC 28202 E-Mail Address dave.franchina@klgates.com Phone No. 704.331.7543 Fax No. 704.353.3243 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: 5 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. 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 Same as 1.A. Mailing Address E-Mail Address Phone No. Fax No. List all parent companies, subsidiaries and other affiliates: Cascades Holding US, Inc. is part of a multinational organization with many affiliates. Its parent is Cascades USA, Inc. whose parent is Cascades Canada ULC, whose parent is Cascades, Inc. US affiliates of Cascades Holding US, Inc. are Cascades Tissue Group - Sales Inc., Cascades Plastics Inc., Cascades Moulded Pulp Inc., Cascades SPG Sales Inc., Cascades Tissue Group - New York Inc., Cascades Tissue Group - Tennessee Inc., Cascades Tissue Group - Arizona Inc., Cascades Tissue Group - IFC Disposables, and Cascades Energy Action Inc. (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 PD has the financial means necessary to fully implement a brownfields agreement and assure the safe reuse of the property. Financial records will be submitted under separate cover. E. Does PD have or can it obtain the managerial means to fully implement a brownfields 8 agreement and assure the safe use of the property? Answer Yes Explanation PD will assume managerial responsibilities to ensure compliance with the requirements of a brownfields agreement and assure the safe use of the property. In addition, PD has retained a qualified environmental consultant, who is experienced in Brownfields redevelopment and the implementation of Brownfields requirements. 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 retained K&L Gates LLP to provide necessary legal counsel with respect to the redevelopment of the property in the North Carolina Brownfields Program. As noted above, PD has retained a qualified environmental consultant to provide environmental consulting services with respect to the redevelopment of the property in the North Carolina Brownfields Program. G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of all statutorily required fees? Answer Yes (List all NCBP project name(s) and NCBP project ID numbers where PD or any parent company, subsidiary and other affiliate of PD has been a party to.) N/A 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.) N/A If no, provide the name, address, telephone number and e-mail address of the contact person for the current property owner 9 WP Properties Wagram, LLC WP Properties Wagram Facility, LLC c/o WestPoint Home LLC 391 College Avenue Clemson, SC 29631 Attn: Steve Gray, Chief Financial Officer Email: steve.gray@wphome.com 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. April 21, 2014, amended June 27, 2014 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. PD intends to purchase the property immediately after submitting this Brownfields application. 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.) None. PD's activities have been limited to environmental site assessments. PD has neither taken ownership nor operated at the property. PD has, however, been authorized to conduct some minor activities on the property in anticipation of closing, e.g., removing a wall, making a door entry, and removing a sprinkler system. None of these activities will affect any subsurface at the property. It is possible that between the time this application is drafted and submitted some of these activities may occur. II. SITE INFORMATION A. Information regarding the proposed brownfields property: Proposed project name Cascades Holding US, Inc. acreage Approximately 1100 street address(es) 19320 Airbase Road 10 city Wagram County Scotland zip 28396 tax ID(s) or PIN(s) Currently unknown, but expected to be a part of 030419 01001 A. past use(s) The 2013 Stantec Phase I Environmental site assessment identifies textile manufacturing, warehousing, and distribution as former uses of the site. The site was developed in 1964 as a towel manufacturing facility. In 1974, the site was purchased by a new owner and used to manufacture various linens, including carpets. The site was purchased by another new owner in 1989 and used for similar manufacturing activities. That current owner discontinued operations in 2007, and since then has only used the site for distribution operations. Past ancillary uses include thread manufacturing and textile dying, bleaching, and starching. The site includes a steam plant with four natural gas boilers that were used to power manufacturing operations, as well as a coal-fired steam plant that was used prior to natural gas boiler installation. It also includes a closed permitted fly ash landfill, a water pump station, a water filtration plant to provide water for the Site and a 7 MGD wastewater treatment plant for treating wastewater from the Site. Water is pumped from and discharged back to the Lumber River. current use(s) The site is used as a distribution facility but is primarily vacant. cause(s)/source(s) of contamination: known Arsenic, chromium, C9-10 and C9-12 aromatic hydrocarbons, and chlorinated hydrocarbons. have been detected in groundwater above North Carolina groundwater quality standards, and are likely due to the past manufacturing operations. PCE has been detected in soil vapor below screening values under the concrete slab of the building, suggesting chlorinated solvent contamination, but the source of the vapors is unknown. suspected Contamination associated with historic property use and not yet detected. 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: RCRA-SQG No. NCD981856131, for Scotland Manufacturing Co., owner listed as Hanco, Inc., a name not otherwise identified as being associated with the site. Agency Name/ID No: Site EPA ID Number: 1000841899 Agency Name/ID No: NC Incident Management Database: S101166146 - contamination found upon removal of USTs; facility number 6212 (1990) Agency Name/ID No: NC DENR Inactive Hazardous Site: NONCD0002711 11 Agency Name/ID No: C. In what way(s) is the property abandoned, idled, or underused? The property is essentially vacant, except for some distribution activities, and is underutilized. The property is located in a largely industrial and agricultural part of the county and is currently sitting without any notable use. The proposed return to industrial usage will return the property to its highest and best use and will contribute to the local economy. 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 presence of known groundwater impacts on the property and the possible presence of other contamination are a hindrance to the redevelopment of the property in that redevelopment activities could subject PD to cleanup liability if they are conducted without a Brownfields agreement. Potential cleanup liability may also preclude sale or leasing of the property to third parties. In addition, known and suspected contamination and the associated potential cleanup liability may preclude financing of the redevelopment of 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 presence of known groundwater impacts on the property and the possible presence of other contamination are a hindrance to the redevelopment of the property in that redevelopment activities could subject PD to cleanup liability if they are conducted without a Brownfields agreement. Potential cleanup liability may also preclude sale or leasing of the property to third parties. In addition, known and suspected contamination and the associated potential cleanup liability may preclude financing of the redevelopment of the property. 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. PD plans to build a tissue paper converting plant. The plant will convert tissue paper jumbo rolls in consumer products for both away-from-home and consumer markets. The SIC code for the operation is 2676, and the NAICS code is 322291. G. Current tax value of brownfields property: $Unknown; the current tax value of the parcel of which the Brownfields Property is suspected to be a portion is listed on the Scotland County GIS as $14,761,590. H. Estimated capital investment in redevelopment project: $77,000,000 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 12 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 redevelopment of the property will return it to its highest and best use. Impacted groundwater will be addressed during redevelopment. Redevelopment will result in the creation of many jobs, including both temporary construction jobs and permanent industrial jobs. PD currently anticipates it will create 120 full-time jobs. Notably, the redevelopment of the property will result in significant tax base increases for the town of Wagram and Scotland County. The planned industrial redevelopment will result in an increase of the productive use of the property, will be compatible with surrounding activities, and may provide a spur to additional community development and redevelopment, new tax revenue, and additional employment opportunities. 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. PD does not plan to pursue LEED Certification in connection with redevelopment, but PD's redevelopment plans will include measures to ensure energy efficiency in production. 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. 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. Please see Exhibit A. 13 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. Please see Exhibit B. 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. Please see Exhibit C. 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. Please see Exhibit D. 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. Please see Exhibit E. Have electronic copies of the photographs been emailed to NCBP? Answer Yes. Exhibit E was emailed to Shirley.Liggins@ncdenr.gov 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 14 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: (1) Stantec Phase I Environmental Site Assessment, Westpoint Home, September 11, 2013 (labeled as Exhibit F on the CD enclosed herewith) (2) Stantec Phase II Environmental Site Assessment, Former WestPoint Home Manufacturing Plant, July 17, 2014 (labeled as Exhibit G on the CD enclosed herewith); IV. ADDITIONAL REQUIRED FORMS The following forms are to be filled out and submitted with the application including the Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement. Submittal of the Affidavit requires signature and notarization, and the Proposed Brownfields Application requires an initial. 16 Preliminary Proposed Brownfields Agreement I. Property Facts a. Property Address(es): 19320 Airbase Road, Wagram, NC 28396 b. Property Seller: WP Properties Wagram, LLC c. Property Buyer: Cascades Holding US, Inc. d. Brief Property Usage History: The 2013 Stantec Phase I Environmental site assessment identifies textile manufacturing, warehousing, and distribution as former uses of the site. The site was developed in 1964 as a towel manufacturing facility. In 1974, the site was purchased by a new owner and used to manufacture various linens, including carpets. The site was purchased by another new owner in 1989 and used for similar manufacturing activities. That current owner discontinued operations in 2007, and since then has only used the site for distribution operations. Past ancillary uses include thread manufacturing and textile dying, bleaching, and starching. The site includes a steam plant with four natural gas boilers that were used to power manufacturing operations, as well as a coal-fired steam plant that was used prior to natural gas boiler installation. It also includes a closed permitted fly ash landfill, a water pump station, a water filtration plant to provide water for the Site and a 7 MGD wastewater treatment plant for treating wastewater from the Site. Water is pumped from and discharged back to the Lumber River. 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) 17 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 r g a n i c s Chlorinated Solvents (list): PCE PCE Petroleum: ASTs USTs Other C9- C10 C9- C12 aromat ic hydroc arbons Other (list): PCBs Ethylb enzene ; Total Xylen e i n o r g a n i c s Metals (list): arsenic ; chromi um 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.