15024_Ecusta Tract E_Response to PC_2015

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Response to Comments regarding Brownfields Agreement
Former Ecusta Tract E
1 Ecusta Road, Brevard, Transylvania County, NC
Project # 15024-11-88
Public Comment Period March 12, 2015 Through April 12, 2015
Comments were received from a single commenter during the draft Brownfields Agreement
public comment period for the Ecusta Tract E property which includes the landfills and aeration
sedimentation basin in Brevard, NC. All comments concerning the draft Brownfields Agreement
were considered during the Brownfields decision process. The responses to comments are
provided below with any subsequent changes to the Brownfields Agreement indicated beneath
the response.
A comment was raised regarding concern that the Prospective Developer, Davidson River
Village, LLC’s(DRV)plans to construct a road over the Process Island Landfill present
risks to public health and the environment; and that these risks are not addressed in the
Brownfields Agreement.
The Brownfields agreement sets out conditions with which DRV will need to comply in
order to receive liability protection for existing contamination on the property as they
exercise their property rights to use the property in a manner they have proposed to use it.
Therefore, this agreement does not “allow” the road to be constructed; it merely sets forth
the conditions under which DRV limits its liabilities to DENR for the already existing
contamination at the property.
As for Glatfelter’s concern that risks to public health and the environment are not
addressed in the BFA, Glatfelter no longer owns the property, DRV will have to submit a
plan to DENR for both Solid Waste Section and Brownfields Program approval. Any risk will be identified and addressed during that review process. With respect to the concern about Paragraphs 16.c. and 16.d. causing “protracted disputes
between parties”, the intent is to minimize any possible disputes. DENR will be the
deciding body over what impacts have occurred and if there are negative impacts then the
PD or current owner is responsible for correcting them to DENR’s satisfaction. Ideally, DENR hopes there will be fruitful discussions between Glatfelter and DRV to
reach agreement regarding the road. However, in lieu of that, the Brownfields Program
has addressed DRV’s liability for impacts of the road through the Brownfields agreement
in the interests of the mission to encourage the safe redevelopment of all of the brownfields property and thereby benefit the citizens of the state.

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A comment was raised regarding the eligibility of the Ecusta Tract E property for a
Brownfields Agreement.
This project attempts to do something to reverse the economic hardships experienced
locally due to the closure of the plant. To the extent this agreement facilitates this
redevelopment, it benefits the citizens of the state as intended by the North Carolina
General Assembly when it ratified the Brownfields Property Reuse Act of 1997. Since
the application of this project, DENR has been fully aware of the PD’s intent to use this
property as the primary access point to the full redevelopment of the Former Ecusta
Property. The road itself and the access it will provide is an improvement to the
underused state of the property. The vision of the road is something the City of Brevard
completely supports and brings transportation benefits to the area. The agreement also
includes recreational uses, allowing access to the Davidson River, walking trails, and
gathering areas for public use.
Additionally DENR does not typically require a development plan in the brownfields
agreement. Development plans are beneficial in the drafting process, but these can be
preliminary and are subject to change.
The PD while they limited their intended uses of the Ecusta Tract E site, does have future
ideas for commercial or retail use on portions of the property. At the time of drafting the
Brownfields Agreement, DENR limited the uses, however as with any brownfields
property the uses can be re-evaluated in the future through an amendment to the Notice of
Brownfields Property, if all parties are satisfied.
A comment was raised regarding DRV’s existing regulatory and contractual obligations
with respect to the Aeration Stabilization Basin. This comment references a Liability
Assumption and Allocation Agreement (LTA) between DRV and Glatfelter.
Under any Brownfields Agreement the PD or then owner of the property is required to
comply with and obtain any necessary permits. This applies to the ASB which operates
under a Division of Water Resources National Pollutant Discharge Elimination System
permit (NC0000078). The Brownfields Agreement specifies in paragraph 16.g., and 8.f.,
that the ASB must be operated pursuant to the aforementioned permit. Paragraph 16.g.,
also specifies leachate treatment and management, as a land use restriction this applies to
the PD as well as future owners.
The LTA referenced in the comments was an agreement between private parties
(Glatfelter and DRV) and is therefore not addressed by DENR.
A comment/suggestion was made to reexamine the Brownfields Agreement for missing
information.
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According to inquiry with the PD as well as the Solid Waste Section and Division of
Water Resources, all information in the Brownfields Agreement is accurate and up to date. If
there is additional information available DENR would be pleased to receive and review it for
inclusion in the Brownfields documents. There may be monitoring wells or sample locations
that are not included because they did not exhibit an exceedance in the most recent sampling data
available at the time of this Agreement. Only points with exceedances are included in the
Agreement. Given the volume of data and the length of time the site has undergone monitoring
only the most recent data with an exceedance was included.