19039_Oneida Mill_BPA_20150601

miNERAL
SPRINGS
environmental, p.c.
June 1, 2015
Mr. Bruce Nicholson
Division of Waste Management
Brownfields Program
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Subject: Brownfield Letter of Intent
Former Kayser Roth Facility
219 Hardin Street
Graham, North Carolina
MSElob838
Dear Mr. Nicholson:
JUN 2015
On behalf of Pumpkin Hill Mill, LLC, Mineral Springs Environmental, P.C. (MSE) is
submitting the following letter as notice of intent to purchase and reuse the property
located at 219 Hardin Street, Graham, North Carolina. Please find attached a completed
eligibility application for the site.
If you have any questions regarding this information please contact me at (919) 261-
8186.
Sincerely,
Mineral Springs Environmental, P.C.
~.e.~
Kirk B. Pollard, L.G.
Principal Geologist
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Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PO) INFORMATION {USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE-DO NOT USE THE RETURN KEY}
A. PO information:
Entity name
Principal Officer
Representative
Mailing Address
E-mail address
Phone No.
Fax: No.
Website
Pumpkin Hill Mill, LLC
Richard Angino
Richard Angino
463 1/2 Carolina Circle
Winston Salem, NC 27104
[e-mail]
336-499-1963
[phone]
nla
B. PO contact person information (i.e .. individual who will serve as the NCBP's point of
contact if different than above}:
Name
Company
Mailing Address
E-Mail Address
Phone No.
Fax: No.
Richard Angino
Third Wave Housing
463 1/2 Carolina Circle
Winston Salem, NC 27104
[e-mail]
336-499-1963
[phone]
C. Information regarding all parent companies. subsidiaries or other affiliates of PO (attach
separate sheetrsJ if necessary):
(Use for LLCs)
Member-managed or manager-managed? Answer: Member-managed
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If manager-managed, provide name of manager and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Third Wave Housing
49.5%
463 /2 Carolina Circle
Winston Salem, NC 27104
richard@thirdwavehousing .com
336-499-1963
888-337-0371
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name Third Wave Housing, LLC
Ownership (%) 49.5%
Mailing Address 463 1/2 Carolina Circle
Winston Salem, NC 27104
E-Mail Address [e-mail]
Phone No. 336-499-1963
Fax No. [phone]
Name Cohen-Esrey Affordable Partners, LLC
Ownership (%) 49.5%
Mailing Address 6800 W 64th St, Suite 101
Overland Park, KS 66202
E-Mail Address tanderson@cohenesrey .com
Phone No. [phone]
Fax No. [phone]
Name Workforce Homestead, Inc.
Ownership (%) 1%
Mailing Address 14 Brewery Lane
Tryon, NC 28782
E-Mail Address [e-mail]
Phone No. [phone]
Fax No. [phone]
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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.
Richard Angino, managing member, Third Wave Housing, LLC
List all parent companies, subsidiaries and other affiliates:
(Use for Partnerships)
Check one: 0General Partnership OLimited Partnership
List all partners and percent of ownership:
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No .
Fax No.
n/a
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:
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(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 PO 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 Pumpkin Hill Mill, LLC has the financial means to fully implement its
Brownfields agreement. Attached is the development cost model.
E. Does PO have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation Third Wave Housing and Cohen-Esrey Affordable Partners, managing
members of the PO, each have many years of experience developing historic properties,
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including those requiring hazardous material remediation, for adaptive reuse as housing .
The funds that make this posible are the sale of the tax credits which included the
Historic, State Mill Credits and Affordable credits. Past project information is available
upon request.
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 Pumpkin Hill Mill LLC has retained Mineral Springs Environmental, PC to
assist it with the technical guidance needed to successfully implement the Brownfields
Program Agreement and assure safe use of the property.
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.)
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
Jay Burke Rentals, Inc.
17 SE Court Square, Suite 202
Graham, NC 27253
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
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Answer yes
If yes, provide date of contract. 7/1/2013
If no, when does the PO intend to purchase the property (e.g., after the project is
determined to be eligible for participation in the NCBP, after PO receives a draft BFA,
after the conclusion of the brownfields process)? Note: the Act requires the PO to
demonstrate that it intends to either buy or sell the property.
J. Describe all activities that have taken place on the property since PO or PO's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PO, 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.)
N/A
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Oneida Mill Lofts
acreage 6.84 County Alamance
street address(es) 219 Harden Street
city Graham zip 27523
tax ID(s) or PIN(s) pending
past use(s) manufacturing
current use(s) idle
cause( s )/source( s) of contamination:
known petroleum, chlorinated solvents
suspected
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 CERCUS numbers, RCRA generator
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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/10 No: Incident #21742 Aquifer Protection Division
Agency Name/10 No:
Agency Name/10 No:
Agency Name/10 No:
Agency Name/10 No:
Agency Name/10 No:
C. In what way(s) is the property is abandoned. idled, or underused?
There is no activity currently at this site.
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach anv supporting documentation
such as letters from lending institutions)?
There is no hinderance provided that the property completes the Brownfield Agreement
to address an liability for past uses.
E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach anv supporting documentation such as letters form
lending institutions)?
Without the Brownfields agreement, the potential liability from previous activities makes
the property undesirable for redevelopment.
F. What are the planned use(s) of the redeveloped brownfields property to which the PO will
commit? Be as specific as specific as possible.
Historic rehab for adaptive reuse as affordable housing.
G. Current tax value of brownfields property: $426,833
H. Estimated capital investment in redevelopment project: $15,700,000
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, preseNed green space,
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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.)
The proposed development transforms a blighted property into much needed affordable
housing for workforce and families. The new housing stock will attract wage earners to the
local community which leads to economic growth.
Special Note: Please describe all environment-friendly technologies and designs PO
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.
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
Mailing Address
E-Mail Address
Phone No.
Fax No.
Pumpkin Hill Mill, LLC
463 1/2 Carolina Circle
Winston Salem, NC 27104
[e-mail]
336-499-1963
[phone]
Ill. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PO 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
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B. Proposed Brownfields Agreement Form: PO 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: PO 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 % 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
D. Survey Plat: PO 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: PO 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 [e-mail] with a clear indication as to which
Brownfields Application they apply. ·
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 PO provide any and all existing environmental reports and data
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for the property. However, the brownfields process may be expedited if PO submits
such reports/data with this application.
Are any environmental reports/data being submitted with this application?
Answer Mineral Springs Environmental, P.C. {MSE) has prepared the following
summary of environmental conditions at the Kayser Roth Transportation Facility (KR) site.
The site was previously used by Kayser Roth as a textiles manufacturing facility and most
recently used as a transportation facility. The facility is currently vacant. The site is
comprised of approximately 7 acres of land and three large buildings. The site is bordered
by West Harden Street, Oneida and South Elm Street.
In 1989, KR contracted the removal of an 11,000 gallon capacity gasoline underground
storage tank (UST). Representative soil samples submitted for analysis did not indicate
the presence of total petroleum hydrocarbons. A report documenting these activities was
found in the North Carolina Aquifer Protection's Winston-Salem Regional Office files.
Based on reviewed documents, a clean closure was granted for the UST by the North
Carolina Division of Environmental Management. Reportedly a 12,000 gallon aboveground
storage tank (AST) was also removed from the site in 1989.
In 1992, Russnow, Kane and Andrews, Inc. {RKA) conducted a limited Phase I and II
environmental site assessment at the KR facility. Soil samples collected adjacent to former
ASTs indicated the presence of petroleum impact from surface to a depth of 22.5 feet.
RKA also installed two temporary wells and collected groundwater samples in the area of
the ASTs and UST. Petroleum related compounds were detected in both samples .
In 1993, KR contracted Aquaterra Inc. and Four Seasons Industrial Services (Four
Seasons), to perform soil and groundwater assessment activities to further characterize a
release in the former location of a 12,000 gallon capacity AST and 7,500 gallon AST used
to store #2 fuel oil as well as to confirm the clean closure in the former 11,000 UST area.
During assessment activities five soil borings were advanced and four shallow wells were
installed at the site. The soil analytical results indicated soil has been impacted in an area
encompassing 1,600 cubic yards in the area of the former ASTs. The area of impact
extends from surface to a depth of 22 feet. According to the 1993 report prepared by
Aquaterra, no petroleum impact was documented in the groundwater.
In late 1993, Four Seasons undertook a program to excavate an area of approximately 47
feet in length and up to 29 feet in width. The excavation extended to a depth as much as
17 feet. A total of 1,007.32 tons of soil was transported to Cunningham Brick Company in
Thomasville, North Carolina. Documentation indicates as much as 2400 tons of impacted
soil was excavated at the site. According to an October 27, 1989 report some impacted
soil remained in the excavation. Using a site sensitivity cleanup value, KR received a
closure letter for this activity.
In May 1999, KR submitted a correspondence to the Groundwater Section indicating
chlorinated solvents were identified in the groundwater beneath the site. Subsequently,
steps were taken by Waters Edge Environmental LLC. (Waters Edge) to assess the extent
of the identified groundwater impact. During a period from 1999 to 2001, nine additional
monitoring wells were installed at the site. Several monitoring wells confirmed the
presence of chlorinated solvents downgradient of the site. Several Comprehensive Site
Assessment reports are on file with the Aquifer Protection Section.
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On April 26, 2002, Waters Edge submitted a Corrective Action Plan (CAP) designed to
address groundwater impact. Of note, the CAP mentions that borings were performed in
the area of monitoring well MW-2 and chlorinated solvents were detected in the soil
samples from this area. This identification would support a release from onsite activities
may have impacted the groundwater. The area of impact at this time measures
approximately 40 feet wide by 40 feet long. Based on the results, the extent of impact has
not been defined.
Based on the review of the state file, annual groundwater reports are being submitted
which document the groundwater impact at the site. To date no active remediation has
occurred on either the soil or groundwater chlorinated solvent impact. The most recent
report prepared and submitted in February 17, 2006 indicated concentrations of solvents
at depth and in the offsite monitoring well. Evidently the state performed a sampling of a
nearby creek which indicated the presence of solvents at concentrations which exceed the
North Carolina Surface Water Standards. This sampling was performed in early 2006.
MSE identified a log dated December 5, 2006 which apparently was prepared by the
Aquifer Protection Section. The log documented a conversation with KR consulting
representatives that indicated that the contaminant plume is discharging into a nearby
creek. A entry on the log indicates that either a Notice of Violation or Notice of Regulatory
Requirements be prepared and issued by the agency requiring KR move forward with
addressing groundwater and soil impact. The document also indicates that the state
believes the source of the impact is located on site.
MSE believes this site is a good candidate for entry into the Brownfields Program site
because
If environmental reports/data are being submitted with this application. please provide the
title. date and author of each item being submitted:
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 .
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Pumpkin Hill Mill, LLC
UNDER THE AUTHORITY OF
NORTH CAROLINA GENERAL
~TATUTES 3 130A-310.30, et. s,. )
)
l I
AFFIDAVIT
RE: RESPONSmiLITY
AND COMPLIANCE
Pumpkin Hill Mill, LLC, being duly sworn, hereby deposes and says:
1. I am <<Richard Angino>> of Pumpkin Hill Mill, LLC.
II Ifill
2. [if signatory is not President, add this paragraph: "I am fully authorized to make the
declarations contained herein and to legally bind Pumpkin Hill Mill, LLC. "]
3. Pumpkin Hill Mill, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environment and Natural Resources, pursuant to N.C.G.S. 3 130A, Article 9, Part
5 (Brownfields Act), in relation to the following 88884056108 parcel(s) in Graham, Alamance,
County, North Carolina: 219 Harden Street, Graham, NC 27253
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
Pumpkin Hill Mill, LLC, and any parent, subsidiary or other affiliate meets the eligibility
requirements ofN.C.G.S. 3 130A-310.31(b)(10), in that it has a bonafide, demonstrable desire to
bu~ sell 0 for the purpose of developing or redeveloping, 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
Pumpkin Hill Mill, LLC meets the eligibility requirement ofN.C.G.S.3130A-310.32(a)(l) 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 s gwations and rules for the protection of the environment.
Signature/Printed Name Date
Swom to and subscribed before me
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,2o.1S
Notary Public
My commission expires:
(SEAL)
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Preliminary Proposed Brownfields Agreement
I. Property Facts
a. Property Address(es):
219 Harden Street, Graham, NC
b. Property Seller: Jay L. Burke Rentals Inc.
c. Property Buyer: Pumpkin Hill Mill, LLC
d. Brief Property Usage History:
The property was previously used as a textiles manufacturing facility and more recently as a
transportation facility. The site is currently unused. Three buildings are on site.
e. The planned reuse will potentially involve the following use classification(s) (check all that
apply): D School!childcare/senior care IZI Residential D Commercial, retail (specify) D Other commercial (specify) D Office D Light industrial D Heavy industrial D Recreational D Openspace D Other (specify)
n. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
1Zl Contaminants are from an on-property source(s)
1Zl Contaminants are from an off-property source(s) D Contaminants are from an unknown source( s) D Contaminants have not yet been documented on the property
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b. Contaminated Media Table. (If known, check appropriate boxes below)
Contaminant
Types
Chlorinated
Solvents
(list):
Petroleum:
ASTs
USTs
Other
Other (list):
Metals
(list):
Other (list):
Soil
X
aceton
e
toluene
Groundwater Private Wells
and/or Surface
Water
tetrach
loroeth
ene
(PCE)
trichlo
roethe
ne
1,1,1,-
trichlo
roetha
ne
methyl
ene
chlorid
e
toluen
e
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Vapor Intrusion
• ill. Protective Measures
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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):
0 Contaminant remediation to risk-based levels.
cgj Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
cgj Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any
final brownfields agreement generated by the NCBP, land use restrictions will
ultimately come with the continuing obligation to submit an annual certification that the
Land Use Restrictions are being complied with and are recorded at the applicable register
of deeds office.)
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the State. In satisfaction of the Act, the following fees apply to any brownfields
agreement that is developed for this project:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A $3,500 second fee will be due from the PD prior to execution of brownfields agreement.
c. In the unexpected event that the environmental conditions at the property are unusually
complex or NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
cgj Rc1}--Please check this box and initial in space provided to indicate your
acknowledgement of the above fee structure.
Date of Submittal: 2015
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Date: December 2009
Job No.: MSE 249 • File: 249/Drawing 1
By: KP
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Map mated with TOPO!tl @I03 Namnal Geographi: (wwmmnalgeoglaphi.comltopo)
TOPOGRAPHIC SITE MAP
KAYSER ROTH SITE
GRAHAM, NORTH CAROUNA
m iNERAL
SPRINGS
environmental, p.c.
DRAWING NO. 1
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• View of building 1, looking south form northeast portion of site
• View looking west along north property line; market Street to right of photo. Note residence in background
of photo is not a part of the property
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• View of building 1, looking north form neat south property line
• View of building 2, looking south
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• View of former electrical transmission station on property, near Market Street
• View of east side of building 1
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• View of east side of building 1, near southeast corner of building
• View of building 1, looking west along south property line (W. Harden Street)
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• View of exterior window in building 1 covered by sheet metal facade
• View of portion of building 2. Note smoke stack in photo extends upward
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• View of building 2, looking at north side of building
• View of outside of building 2
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Loading docks for building 2 •
• Exterior of building 2
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• View of shed on property near the off site adjacent residence
• View of cooling tower on roof of building 1
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View of building 2 from roof of building 1 •
• View of building 2 (right of photo) and properties across W. Harden Street
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• Close up view of roofing system on building 1
• View of tower on building 1
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• Air turbine on roof of building 1
• Window covered by sheet metal, building 2
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• Portions of air cooling tower fallen from top of building 1
• Windows covered by sheet metal
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• Typical monitoring well found on property
• Another typical monitoring well found on property
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• Interior view of boiler room on property
• Peeling paint in interior of building 1
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Floor tile, building 1 •
• Caved in roof, building 2
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Interior view, building 2 •
• Outside view, building 2
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Interior view, building 1 •
• View of building across W. Harden Street (not on property)