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Home My WebLink About22042_Matheson_Barrier Plan Summary_2023_FINALApex Companies, LLC  5900-O Northwoods Business Parkway  Charlotte, NC 28269  T 704.799.6390  F 704.799.6395  apexcos.com January 25, 2023 Ms. Carolyn Minnich Brownfields Project Manager North Carolina Department of Environmental Quality Division of Waste Management 217 West Jones Street Raleigh, North Carolina 27699 Barrier Report Matheson Ave II and Matheson Ave Creek Brownfields Projects Chick Godley Road and 255 Matheson Avenue Brownfields Project No. 22042-18-060 and 23015-19-060 Dear Ms. Minnich: Apex Companies, LLC (Apex) is pleased to submit this Barrier Letter Report on behalf of Brand Properties for the Matheson Ave II and Matheson Ave Creek properties (Brownfields Project Numbers 22042-18-060 and 23015-19-060) located in Charlotte, Mecklenburg County, North Carolina. Background On February 4th, 2019 and July 12th, 2019 Notices of Brownfields Property (NBP) were filed for the Site to be developed for multi-family residential use and for development of a recreational Greenway (Matheson Ave II and Matheson Ave Creek, respectively). Redevelopment activities commenced at the site in April 2020, and have included several multi-level residential buildings, associated amenities, a paved recreational path, and a bridge over Little Sugar Creek. The central portion of the site, primarily comprised of the Matheson Ave Creek Brownfields project, remains undeveloped and contains a fenced barrier blocking access and separating it from the residentially developed portions of the site. The Brownfields projects were developed concurrently under an Environmental Management Plan (EMP), approved and signed by the North Carolina Department of Environmental Quality (NCDEQ) on November 27, 2019. The redevelopment activities have been conducted in accordance with the approved North Carolina Department of Environmental Quality (NCDEQ) Notice of Brownfields Properties for two properties, Brownfields Project Numbers 22042-18-060 and 23015-19-060, recorded February 4, 2019 and July 12, 2019, respectively. Land Use Restrictions A Phase II ESA, performed by Hart and Hickman in 2014, identified tetrachloroethylene (PCE), trichloroethylene (TCE), and vinyl chloride exceeding their respective North Carolina 2B surface water standards in Little Sugar Creek, which runs through the central portion of the site. No remediation was planned on the creek, therefore, Page 12 paragraph h. of the Matheson Ave II Brownfields Agreement states that, “Prior to occupancy or opening of the Brownfields Property for any on-site activities, Prospective Developer, or the then owner of the Brownfields Property, shall l) install an access control barrier along the entire bank of Little Sugar Creek and all unnamed tributaries on the Brownfields Property, and 2) submit a written report that details the construction and installation of the access control barrier, which report shall be subject to DEQ's written satisfaction. The barrier shall be constructed of fencing and/or another material approved by DEQ in advance and shall be permanently maintained and annually inspected.” The Brownfields Agreement for Matheson Ave Creek includes the same requirement and states that the access control barrier and written report for Matheson Ave Creek may be the same as those used to meet the requirements of the Matheson Ave II Brownfields Project. Details of the barrier fence construction and current configuration are outlined below. Onsite Barrier Fencing The onsite fencing was installed by the developer and consists of the following: • Four-foot ornamental fencing along the southern border of Chick Godley Road, along the northern and southern borders of Opportunity Lane, along the northeastern border of the property, and to the east of the walking path located along Opportunity Lane; • Six-foot ornamental fencing with gate operators along the western and central western borders of the site, and across site access points located in the central and southeastern portions of the site; • Eight-foot chain link fencing along the southern border of the Site which lies between the site and a railroad track; • Wood fencing along the bridge portion of Opportunity Lane; and, • A guard rail along the central western portion of Opportunity Lane, where a slope prevents access. An area of fencing is temporarily removed in the area northeast of the onsite structures to allow access to geotechnical crews in preparation for a planned pedestrian bridge to connect the onsite multi-use path to an adjacent property. A figure showing the current location of the onsite fencing is provided in the appendices. Thank you for your continued support in this development project. Please do not hesitate to call if you have any questions or require additional information. Sincerely, Apex Companies, LLC Eric Wysong, LG Project Manager Attachment A : Figure Attachment B : Photolog APPENDIX A Figure [[[[[[[[[[[ [[[[[[[[[[[[[[[[[[ [[[[[[[[[[[[[[ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [[[[[[[[[[[[RAILROADMATHESONAVCHICK GODLEY RD CU L LMAN AVOPPORTUNI TY LN Project No. 510621-001 Z:\GIS_Repository\Charlotte\Phase 1 Figures\Client\BP Noda\Figure 1 - BP NODA - Fence Plan.mxd Modified 1/18/2023 by Cole.Wilkinson NAD 1983 StatePlane North Carolina FIPS 3200 Feet Coordinate System LEGEND: GUARD RAIL TEMPORARY FENCING SECTION [3' WOOD FENCING(APPROXIMATE) [3.5' WOOD FENCING(APPROXIMATE) [4' ORNAMENTAL [6' ORNAMENTAL WITH GATEOPERATORS [8' CHAIN LINKS PAVED PARKING AND DRIVELANES PROPOSED BUILDING OUTLINES 0 50 100 1 " = 100 'Service Layer Credits:Source: Esri, Maxar, Earthstar Geographics, and the GIS UserCommunity, FIGURE 1 BARRIER FENCING Matheson Ave II and Matheson Ave Creek2710 Chick Godley Roadand 255 Matheson AvenueCharlotte, North Carolina 28206 Apex Companies, LLC 10610 Metromont Pkwy., Suite 206Charlotte, North Carolina 28269Phone: (704) 799-6390www.apexcos.com North Carolina 5900 Northwoods Business Pkwy,Ste 5900-OCharlotte, NC 28269 APPENDIX B Photographs Site Photographs Little Sugar Creek Barrier Fencing Apex Companies, LLC Matheson Ave II and Matheson Ave Creek Page 1 of 7 Photo 1 View of the guard rail and 4’ ornamental fencing south of the entrance to the Site. Photo 2 4’ ornamental fencing along the southern portion of Chick Godley Lane. Photo 3 Fencing south of the intersection of Chick Godley Road and Opportunity Lane. Site Photographs Little Sugar Creek Barrier Fencing Apex Companies, LLC Matheson Ave II and Matheson Ave Creek Page 2 of 7 Photo 4 View of the fencing south of Opportunity Lane. Photo 5 View of a guard rail section south of Opportunity Lane. Photo 6 View of the slope off the guard rail section along Opportunity Lane. Site Photographs Little Sugar Creek Barrier Fencing Apex Companies, LLC Matheson Ave II and Matheson Ave Creek Page 3 of 7 Photo 7 View of wood bridge fencing transitioning back to 4’ ornamental fencing on the south side of Opportunity Lane. Photo 8 View of 4’ ornamental fencing transitioning to a gated 6’ ornamental section of fencing to the west of the apartment complex entrance. Photo 9 View of the gate at the western entrance to the apartment complex. Site Photographs Little Sugar Creek Barrier Fencing Apex Companies, LLC Matheson Ave II and Matheson Ave Creek Page 4 of 7 Photo 10 View of the 6’ ornamental fencing along the western portions of the apartment complex. Photo 11 View of the transition from 6’ ornamental fencing to 8’ chain link fencing in the southwestern portion of the site. Photo 12 View of the 8’ chain link fencing along the southern and southeastern portions of the site. Site Photographs Little Sugar Creek Barrier Fencing Apex Companies, LLC Matheson Ave II and Matheson Ave Creek Page 5 of 7 Photo 13 View of the transition from 8’ chain link fencing to 4’ ornamental fencing in the eastern corner of the site. Photo 14 View of the 4’ ornamental fencing in the eastern portion of the site. Photo 15 View of the transition from the 4’ ornamental fencing to the wood bridge walkway fencing in the central western portion of the site. Site Photographs Little Sugar Creek Barrier Fencing Apex Companies, LLC Matheson Ave II and Matheson Ave Creek Page 6 of 7 Photo 16 View of 4’ ornamental fencing north of Opportunity Lane. Photo 17 View of 4’ ornamental fencing northeast of the intersection of Chick Godley Lane and opportunity Lane. Photo 18 View of fencing on the northern end of Chick Godley Road. Site Photographs Little Sugar Creek Barrier Fencing Apex Companies, LLC Matheson Ave II and Matheson Ave Creek Page 7 of 7 Photo 19 View of fencing at the northeastern end of Chick Godley Road. Photo 20 View of an area fencing temporarily removed for construction crew access.