MO-3593_9071_M_RP_19930914_3BANKLTRS

CHRISTOPHER W. LOEB
17041 377-8343
ROBINSON, BRADSHAW S( HINSON, P.A.
ATTORNEYS AT LAW
1900 INDEPENDENCE CENTER
101 NORTH TRYON STREET
CHARLOTTE. NORTH CAROLINA 28246
TELEPHONE[phone]S36
FAX [phone]
September 14, 1993
Mr. Allen Schiff
N.C. Dept. of Environment, Health
and Natural Resources
Division of Environmental Management
919 North Main Street
Mooresville, North Carolina 28115
Re: 229 East Kingston Street Property
Charlotte, Mecklenburg County, NC
Dear Allen:
SOUTH CAROLINA OFFICE
THE GUARDIAN BUILDING
ONE LAW PLACE - SUITE SOO
P.O. DRAWER 12070
ROCK HILL, S.C. 29731
TELEPHONE [phone]
FAX [phone]
nyrr, Or are
P0' DEVECOPW",-
SEP 15 1993
IMS161 OF EOVIR6HM6Yikt : AH;6ENERF
900MV1111 REGID14 OFFICE
We represent First Citizens Bank & Trust Company in this
matter. I write to respond to the Notice of Regulatory
Requirements and Notice of Violation (both dated August 19, 1993)
that the Bank, received from Brenda Smith of your office. (The
letters;indicate'that responses and questionsshouldbe directed
to your, attention.)' "
As we previously discussed by telephone, the Bank has
already contracted with Integrity Environmental Consultants for
an additional phase of groundwater contamination assessment work.
Although the contract was finalized last May, Integrity has not
been able to commence the work due to its overwhelming backlog.
The Bank has been promised, however, that the work will commence
during the week of September 28th. Integrity believes that it
can complete the work and submit a written report by November 1,
1993, assuming the necessary access arrangements can be completed
in a timely manner.
The additional work under contract may not be sufficient t
allow completion of a Comprehensive Site Assessment. Integrity
has advised that the most cost effective and technologically
prudent manner of proceeding is to advance the assessment in
phases rather than to immediately attempt to complete all work
that may be necessary for a comprehensive site assessment. The
work under contract includes (a) installation of two more
monitoring wells` (b) analysis of soil samples from the new
borings, (c), analysis of groundwater samples from all three wells
and determination of other.groundwater data,,and (d) preparation
of a written',report.

Mr. Allen Schiff
Page 2
The Bank desires to proceed with the work under contract.
This course of action will not result in completion of the
comprehensive site assessment within 60 days, but should allow
progress towards that goal on a rational and cost effective
basis. The Bank cannot guarantee that Integrity will observe the
time schedule set forth above. All competent environmental
consultants seem to be very busy at this time, however, so the
Bank sees no advantage to trying to hire a different consultant.
Once the interim assessment results have been received and
considered, the Bank will determine with DEM whether enough
information is available to complete the comprehensive site
assessment, or whether additional work is needed.
Please let me know as soon as possible if DEM has any
objection to this course of action. We again remind DEM that the
Bank is conducting assessment work at the site because DEM has
ordered it to do so. The Bank has previously explained to DEM
why it does not believe that it has any responsibility for work
at the site, and the Bank reserves all rights and defenses that
it may have, including the right to stop work on the project at
any time. The Bank does not by this letter intend to provide any
guarantee or commitment that it will pursue further work at the
site. Its efforts remain voluntary.
Please call with your questions or comments.
With best regards.
Very truly yours,
ROBINSON, BRADSHAW & HINSON, P.A.
Christopher W. Loeb
cc: Gary Shuey
Robb Porter

CHRISTOPHER W. LOEB
[phone]
ROBINSON, BRADSHAW & HINSON, P.A
ATTORNEYS AT LAW
1900 INDEPENDENCE CENTER SOUTH CARO,LINA OFFICE
101 NORTH TRYON STREET THE GUARDIAN BUILDING
CHARLOTTE, NORTH CAROLINA 282 4f
�...�.r�. OE �AIOW PEACE - SUITE 600
. Ci. 1 EPT. �. DRAWER 12070
RESOURCES AND ROCK HILL, S.C. 29731
TELEPHONE [phone] COW UN TTY DEVELopmrNT
FAX[phone] TELEPHONE[phone]
FAX [phone]
April 5, 1993
Mr. Allen Schiff
N.C. Dept. of Environment, Health
and Natural Resources
Division of Environmental Management
919 North Main Street
Mooresville, North Carolina 28115
Re: 229 East Kingston Street Property
Charlotte, Mecklenburg County, NC
Dear Allen:
APR 0 61993
Thank you for discussing this site with me last week. To
confirm our conversation, we represent First Citizens Bank in
this matter. The Bank has been conducting additional voluntary
assessment of the site as requested by the Division of
Environmental Management (DEM). The Bank does not concede that
it has any responsibility for work at the site, but the Bank has
been undertaking work requested by DEM because DEM has ordered it
to do so.
As you requested, I have enclosed a full copy of Integrity
Environmental Consultants' March 15 Report of Soil and
Groundwater Contamination Assessment. My understanding is that
the Bank need not pursue further soil assessment work since
Integrity's soil analysis showed no results over regulatory
limits. As you recommended, the Bank will obtain a proposal for
further sampling to establish the horizontal and vertical limits
of the groundwater contamination plume since Integrity's
groundwater analysis showed results in excess of 2L limits.
Please let me know if you have further recommendations after
reviewing the Integrity report.
The Bank does not by this letter intend to provide any
guarantee or commitment that it will pursue further work at the
site. Its efforts remain voluntary.
Thank you for your help, and please call with your questions
or comments.

Mr. Allen Schiff
Page 2
With best regards.
Very truly yours,
ROELTNSON, BRADSHAW & HINSON, P.A.
Christopher W. Loeb
CWL
Enclosure
cc: Gary,Shuey (w/o enc.)

ROBINSON, BRADSHAW & HINSON, RA
ATTORNEYS AT LAW
CHRISTOPHER W. LOEB 1900 INDEPENDENCE CENTER
1704) 377-8343 101 NORTH TRYON STREET
CHARLOTTE, NORTH CAROLINA 28246
TELEPHONE(704) 377-ZS36
FAX[phone]
February 10, 1993
Mr. Gary E. Shuey
First Citizens Bank
Post Office Box 31727
Charlotte, North Carolina 28231
Re: 229 East Kingston Property
Dear Gary:
COPY
SOUTH CAROLINA OFFICE
THE GUARDIAN BUILDING
ONE LAW PLACE - SUITE 600
P.O. DRAWER 12070
ROCK HILL, S.C. 29731
TELEPHONE[phone]
FAX [phone]
d-
FEB 1,1,1993
71booRuldm 9t AGINEq
I discussed today with Allen Schiff of DEM the status of the
additional investigation work to be performed on the property.
Allen told me that the delay caused by the Bank's negotiations
with the property owner to obtain access is not a problem. Allen
also agrees that installation of a single shallow monitoring well
on the property is appropriate at this time. However, Allen was
not willing at this point to provide assurance that further soil
investigation work will not be requested by DEM in the future.
My understanding is that you wish to handle contracting
issues with the consultant. My offer to review proposals and
contracts, or otherwise assist in your dealings with the
consultant, remains open. Please review all proposals and
contracts carefully before signing them.
With best regards.
Very truly yours,
ROBINSON, BRADSHAW & HINSON, P.A.
Christopher W. Loeb
Aug
cc: . O.W. Gabriel, III
4
. Allen Schiff

RICHARD B. WHISNANT
[phone]
ROBINSON, BRADSHAW S, HINSON, P.A.
ATTORNEYS AT LAW
1900 INDEPENDENCE CENTER
101 NORTH TRYON STREET
CHARLOTTE. NORTH CAROLINA 28246
TELEPHONE [phone]
FAX [phone]
January 22, 1993
Mr. Allen Schiff
NC Dept. of Environment, Health
and Natural Resources
Division of Environmental Management
Mooresville Regional Office
919 N. Main Street
Mooresville, North Carolina 28115
SOUTH CAROLINA OFFICE
THE GUARDIAN BUILDING
ONE LAW PLACE - SUITE 600
P.O. DRAWER 1207O
ROCK HILL, S.C. 29731
TELEPHONE I803) 325-2900
FAX [phone]
18. G. DEYT. OE IIIATURAL
gESOURcES AND
COMMUNITY DEN
ELOYMCNT
30251993
RryIllZRESVIIIEt
YiREG 5%A%ME
Re: 229E Kingston Street Progertv Mecklenburg County. NC
Dear Allen;:_
We represent First Citizens Bank and Trust Company ("First Citizens"), in
connection with the„underground storage:tanks:formerlylocated at 229 East Kingston
Street in Charlotte:, Vam' ',writing in response to George Matthis' letter of December
3, 1992, returning the State's Noncommercial Trust Fund check in the amount of
$3,349.10.
First Citizens continues to believe that it is not the legally responsible party for
releases from these underground storage tanks. Nevertheless, in light of Mr. Matthis'
letter and Peter Rascoe's earlier response to my letters, the Bank is willing to
undertake such activities at the property as you .may require and as will be
reimbursable under the noncommercial storage tank fund. In so doing, however, the
Bank reserves its right to withdraw from this work at anytime, since its actions as a
secured creditor do not legally make it a "owner" of the tanks. The Bank is willing to
move ahead with such further work as you may require only in deference to the
Division of Environmental Management's apparent view that this site may represent
some risk to human health or the environment. To reiterate, the Bank does not and
will not concede through its actions that it is a legally responsible party at this
property or. otherwise a "owner' of the :now -removed tanks.
In regard to the actual work to be undertaken at the site, we believe the
prev,ious.;rePorts by Law Engineering along with the supplemental information in my
earlier letters adequately describe the extent of soil. contamination and the lack of

Mr. Allen Schiff
January 22, 1993
Page 2
drinking water wells in the vicinity of the site. First Citizens has arranged with an
environmental consultant to place one groundwater monitoring well at the site in the
vicinity of the observed release in the tank pit. We are now seeking access from the
current property in order to accomplish that work. If, in the Division's view, there is
further assessment or remediation work ,required at this time, please let me know as
soon as possible so that arrangements can be m Ae with the consultant.
truly
B. Whisnant
RBW/kdb
cc: Mr. O. W. Gabriel, III
Mr. George C. Matthis, Jr.
& HINSON, P.A.