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HomeMy WebLinkAbout21035_Textile Piece Dyeing_RFR BPA_20170721 Via Email and FedEx July 21, 2017 NCDEQ Division of Waste Management Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 Attn: Ms. Shirley Liggins Re: Brownfields Property Application Ready for Reuse Program Former Textile Piece Dyeing Site Lincolnton, NC H&H Project No. SUL-001 Dear Ms. Liggins: On behalf of Textile Piece Dyeing Co. of Delaware (TPDD), please find the enclosed Brownfields Property Application package for the above referenced site located in Lincolnton. Please note that TPDD is submitting this application as a Proxy Prospective Developer (PPD) for participation in the Ready for Reuse Program to facilitate sale of the property. The previous reports identified in Section III. F. are provided on the enclosed CD. Letters of support for redevelopment of this property from Mr. Steven Zickefoose, Lincolnton City Manager, and Mr. Cliff Brumfield, Lincoln Economic Development Association, are attached to this letter. The contact for TPDD is provided below: Dan Peacock P.O. Box 370, Lincolnton, NC 28093 (704) 530-3995 danp6733@att.net If you have any questions or comments, please do not hesitate to contact me. Sincerely, Hart & Hickman, PC Steven Hart, PG Principal 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 Ready for Reuse Program - To Be Determined Principal Officer Representative Mailing Address E-mail address Phone No. Fax No. 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 Ready for Reuse Program - To Be Determined 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: Ready for Reuse - To Be Determined 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 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 Explanation The PD will be determined in the future. The Proxy Prospective Developer (PPD) has the financial means to perform the necessary work to prepare a draft Brownfields agreement for a PD including performing additional assessment, survey plat preparation, and negotiation of a draft Brownfields agreement. 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 8 Explanation The PD will be determined in the future. The PPD has the managerial means to perform the work needed to complete a draft Brownfields agreement for the site. 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 Explanation The PD will be determined in the future. The PPD has retained Hart & Hickman, PC, to assist with the technical aspects of obtaining a draft Brownfields agrement including additional assessment that may be requested by the Brownfields Program and the preparation of a draft Brownfields agreement for a PD. Hart & Hickman has extensive experience with 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 The PD will be determined in the future. The PPD commits that it will pay for the statutory fees to complete a draft Brownfields agreement for the site in accordance with the fee schedule for the Ready for Reuse program. (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 Dan Peacock, P.O. Box 370, Lincolnton, NC 28093 (danp6733@att.net) (704-530-3995) I. If PD does not currently own the property, does PD have the property under contract to purchase? 9 Answer No 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)? Ready for Reuse - To Be Determined J. Describe all activities that have taken place on the property since PD or PD’s parents, subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or operated at the property (e.g., industrial, manufacturing or commercial activities, etc.). (Include a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that have been used, stored on, or otherwise present at the property while those activities were conducted, and explain how they were used.) Not Applicable II. SITE INFORMATION A. Information regarding the proposed brownfields property: Proposed project name Former Textile Piece Dyeing Site acreage 21.963 County Lincoln street address(es) 319 N. Generals Blvd. city Lincolnton zip 28092 tax ID(s) or PIN(s) PIN: 3633-05-18-7507 past use(s) The former site building was constructed from previously undeveloped land in the mid 1960s by Tait Yarn Company. American & Efird acquired the facility in 1967 when it merged with Tait Yarn Company. Edmos Corporation purchased the facility in 1970 and operated the facility through the 1970s. The facility was vacant for two years until it was purchased by Frank Ix & Sons in 1980. Textile Piece Dyeing Co. of NC purchased the facility in 1986 and operated the facility until 1993 when certain of the company's assets were sold to Textile Piece Dyeing Co. of Delaware. Textile Piece Dyeing Company of Delaware operated the facility until 2013 when the facility was idled due to a downturn in the company's core business. During operation, the facility was used for textile manufacturing and finishing including dyeing. current use(s) Vacant; building demolished in 2015 10 cause(s)/source(s) of contamination: known Historical on-site textile manufacturing and dyeing by prior owners and operators suspected Potential migration from off-site and nearby former General Marble/Leslie Faye Textiles. 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: City of Lincolnton Wastewater Discharge Permit Industrial User Pretreatment Permit 0003 Agency Name/ID No: NCDEQ Div Waste Management Provisional EPA ID NCP081413114 and NCR000164749 Agency Name/ID No: NCDEQ Division of Water Quality Aquifer Protection Section GW Incident No. 11300 Agency Name/ID No: NCDEQ Division of Waste Management Superfund Section Inactive Hazardous Sites Branch ID NONCD0002587 Agency Name/ID No: US EPA TRI No. 28092TXTLPHWY32 Agency Name/ID No: NCDEQ Division of Air Quality Permit No. 04469R12; US EPA Air Facility System No. 3710900013; US EPA ICS-AIR No. NC0000003705500013; US EPA Emission Inventory System No. 14641511 C. In what way(s) is the property is abandoned, idled, or underused? Textile Piece Dyeing Co. of Delaware ceased manufacturing operations in July 2013. The facility was razed in 2015. A pump house remains on the property. The building's footprint is denoted by the remaining concrete slab and adjacent asphalt drive and parking areas. 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 property has been vacant and idled since 2013. Soil and groundwater impacts are present at the site as a result of past on-site activities from prior owners and operators and 11 possible migration to the site from off-site source(s). The PPD believes it is necessary to obtain a Brownfields agreement so that future owners and occupants will have the protections and benefits afforded by a Brownfields Agreement. Further, the availability of financing for redevelopment of the property will likely depend on the properties’ entry into the Brownfields Program. Thus, Brownfields protection is important for the sale and 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)? Please see the response to Question II.D. above. The property is located in an area that is transitioning from primarily manufacturing to mixed uses including retail, office, and multi-family residential. Given the impacts to soil and groundwater at the site, the PPD believes that a Brownfields agreement will be essential for the sale and 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. To be determined, but potential uses include retail, office, general commercial, industrial, hospitality (hotel), or multi-family residential, G. Current tax value of brownfields property: $383,428 H. Estimated capital investment in redevelopment project: $To be determined 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.) 1. Creation of jobs during construction and redevelopment of the site, as well as possible permanent commercial or industrial jobs. 2. Tax base increase on the property through property development. 3. Spur to additional community investment and development in the area resulting in further tax base and employment opportunities. 4. Positive impacts on the surrounding community. 5. Beneficial use of the property, thereby avoiding the use of “green space” in other areas of the community. 6. Aesthetic enhancements. Special Note: Please describe all environment-friendly technologies and designs PD plans to utilize in its redevelopment strategy. For example, environment friendly redevelopment 12 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. Ready for Reuse - To Be Determined 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 Ready for Reuse - To Be Determined 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 Ready for Reuse; Brownfields affidavit will be provided by the PD when identified. 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 13 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 D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the property boundaries clearly identified, and a metes and bounds legal description that matches the property description on the plat. At this stage of the brownfields process, one or more existing survey plats from a previous property conveyance will suffice. (Before the brownfields project enters the public comment phase of the brownfields process, the PD will be required to submit a final brownfields survey plat which includes the information listed in the brownfields survey plat guidance.) Is the required preliminary survey plat included with this application? Answer Yes E. Site Photographs: PD must provide at least one pre-redevelopment photograph of the property, in either hard copy or electronic format, that shows existing facilities and structures. Please note that the NCBP prefers to have electronic photos instead of or in addition to hard copies. Electronic copies of photographs should be emailed to: 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 Have electronic copies of the photographs been emailed to NCBP? Answer Yes F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP will request that PD provide any and all existing environmental reports and data for the property 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. 7 May 1992 Soil Remediation Plan; prepared by Environmental Technology of North America, Inc. 2. 15 May 1992 Underground Storage Tank Removal Report for UST's at Textile Piece Dyeing Company, Inc. in Lincolnton, North Carolina; prepared by Environmental Technology of North America, Inc. 14 3. 29 July 1992 Remediation of Petroleum Contaminated Soils - Textile Piece Dyeing Company, Inc. - Lincolnton, North Carolina; prepared by Environmental Technology of North America, Inc. 4. 19 June 1993 Environmental Audit/Environmental Assessment; prepared by Nations Environmental & Engineering Services, Inc. 5. 10 August 1993 Site Reconnaissance - TPD, Lincolnton, NC – REW Case No. 93359; prepared by Environmental Waste Management Associates 6. 18 August 1993 Subsurface Investigation - Textile Piece Dyeing Company, Inc, -Lincolnton, North Carolina; prepared by Nations Environmental & Engineering Services, Inc. 7. 11 October 1993 Letter Report Regarding Textile Piece Dyeing Company, Inc., Lincolnton, North Carolina; prepared by Environmental Waste Management Associates 8. 13 January 1994 Summary of AEI Observations During Site Assessment Conducted by Environmental Waste Management Associates - Textile Piece Dyeing Company, Lincolnton, North Carolina; prepared by AWARE Environmental, Inc. 9. February 1994 Comprehensive Subsurface Investigation for Textile Piece Dyeing Company - Route 321 North Bypass - Lincolnton, North Carolina; prepared by Environmental Waste Management Associates 10. February 1995 Environmental Site Assessment Report -Textile Piece Dyeing Company, Inc. - Lincolnton, North Carolina; prepared by AWARE Environmental, Inc. 11. 14 November 1995 Addendum Groundwater Investigation Report - Textile Piece Dyeing Company, Inc., Lincolnton, North Carolina; prepared by Dames & Moore - N.C. 12. July 1996 Corrective Action Planfor the Textile Piece Dyeing Company -Lincolnton, North Carolina; prepared by Geophex, Ltd. 13. 17 January 1997 Updated Water Supply Survey, Indoor Air Monitoring, and Additional Groundwater Sampling at the Textile Piece Dyeing Company Facility, Lincolnton, North Carolina; prepared by Geophex, Ltd. 14. 9 September 1997 Results of Soil Sampling Activities at Textile Piece Dyeing Company of Delaware's Lincolnton, North Carolina Facility; prepared by Geophex, Ltd. 15. 3 October 2000 NC DEM-IHSB Site Cleanup Questionnaire Completed by Gary Whitworth TPDC 16. 3 November 2010 Report of Findings at TPDC, Lincolnton, North Carolina; prepared by CLP Serivces, P.C. 17. 18 July 2017 Supplemental Assessment Report; Textile Piece Dyeing Facility; prepared by Hart & Hickman, PC 15 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 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY NORTH CAROLINA BROWNFIELDS PROGRAM IN THE MATTER OF: <<Company Name>> UNDER THE AUTHORITY OF ) AFFIDAVIT NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY STATUTES ∋ 130A-310.30, et. seq. ) AND COMPLIANCE <<PROSPECTIVE DEVELOPER NAME>>, being duly sworn, hereby deposes and says: 1. I am <<Title>> of <<Company>>. 2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations contained herein and to legally bind <<Company>>."] 3. <<Company>> is applying for a Brownfields Agreement with the North Carolina Department of Environmental Quality, pursuant to N.C.G.S. ∋ 130A, Article 9, Part 5 (Brownfields Act), in relation to the following <<Parcel Number(s)>>parcel(s) in <<City>>, <<County>> , County, North Carolina: <<Street Address No. 1, Street Address No. 2, etc.>> 4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that <<Company>>, and any parent, subsidiary or other affiliate meets the eligibility requirements of N.C.G.S. ∋ 130A-310.31(b)(10), in that it has a bona fide, demonstrable desire to develop or redevelop, 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 <<Company>> meets the eligibility requirement of N.C.G.S.∋130A-310.32(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. Affiant further saith not. Signature/Printed Name Date Sworn to and subscribed before me this _______ day of ___________________, 20___. Notary Public My commission expires: (SEAL) 17 Preliminary Proposed Brownfields Agreement I. Property Facts a. Property Address(es): 319 N. Generals Blvd, Lincolnton, NC 28092 b. Property Seller: Textile Piece Dyeing Co. of Delaware c. Property Buyer: Ready for Reuse - To Be Determined d. Brief Property Usage History: The former site building was constructed from previoulsy undeveloped land in the mid 1960s by Tait Yarn Company. American & Efird acquired the facility in 1967 when it merged with Tait Yarn Company. Edmos Corporation purchased the facility in 1970 and operated the facility through the 1970s. The facility was vacant for two years until it was purchased by Frank Ix & Sons in 1980. Textile Piece Dyeing Co. of NC purchased the facility in 1986 and operated the facility until 1993 when certain assets of the facility were purchased by Textile Piece Dyeing Co. of Delaware. Textile Piece Dyeing Co. of Delaware operated the facility until 2013 when the facility was idled. During operation, the facility was used for textile manufacturing and finishing including dyeing. 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 org ani cs Chlorinated Solvents (list): PCE TCE cis- 1,2- DCE PCE TCE cis- 1,2- DCE 1,1,1-TCA 1,1- DCE PCE, chloroform Petroleum: ASTs USTs Other X Other (list): ino rganics Metals (list): Other (list): III. Protective Measures I am prepared to take steps necessary to make the property suitable for its planned uses while fully protecting public health and the environment. I propose that NCBP consider a brownfields agreement that will make the property suitable for the planned use(s) through the following mechanism(s) (check all that apply): Contaminant remediation to risk-based levels. Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc) Land use restrictions that run with the land that will restrict or prohibit uses that are July 21, 2017 Attachment A Site Location Map SITE 0 2000 4000 APPROXIMATE SCALE IN FEETN U.S.G.S. QUADRANGLE MAP QUADRANGLE 7.5 MINUTE SERIES (TOPOGRAPHIC) CITY, STATE YEAR TITLE PROJECT SITE LOCATION MAP TEXTILE PIECE DYEING CO.LINCOLNTON, NC DATE: JOB NO: REVISION NO: FIGURE: 11-7-16 0 1SUL-001 Attachment B Survey Plat Attachment C Site Photographs SO L -00 1 Textile Piece Dyeing Co Lincolnton, North Carolina 2923 S. Tryon Street, Suite 100Charlotte, NC 28203704.586.0007(p) 704.586.0373(f) Photograph 1: View of site from N. Generals Blvd facing northwest. Photograph 2: View of site from Tait Mill Rd. facing northwest prior to building demolition.