09013_Mitchells Formal Other Grant Application to CLT 20050627

Carol Jones Van Buren
704.331.7532
Fax: [phone]
cvanburen~kennedycovington. com
,-7(MVø4 /:_'A'AA ~.vlAA.._. d ~V'Vf'~~_ATTORNEYS AT LAW
MEMO RA)\TT" 1-- -
VIA ELECTRONIC MAIL AND U
TO:Mr. Tom W
FROM:Carol Jones Van
DATE:June i 6, 2005
RE:Brownfields Grant, i i 5- i 45 Scaleybark Road, Charlotte, North
Carolina (the "Si ")'.#
Please find enclosed herewith the following:
i) A letter to Ian Bruce from Carolyn Minnich, Brownfields Project Manager, of
DENR requiring certain assessment work at the Site to continue through the North
Carolina Brownfields Program (the "Brownfields Scope of Work ");
A proposal from Greg Icenhour of Shield Environmental to complete the
Brownfields Scope of Work for an estimated cost of $ i 2,893. The proposal from
Shield Environmental also contemplates registering the monitoring wells on the
Site as required by recent Mecklenburg County Ordinances; and
3) A Brownfields Program Application/Brownfields Assessment Grant Application
for the Site requesting a grant for 50% of the Brownfields Scope of Work.
Please call with any questions.
CJV/cww
Enclosures
cc: Mr. Greg Icenhour (via e-mail, wI encls.)
Wiliam W. Toole, Esq. (via e-mail, wI encls.)
Mr. Ian Bruce (via e-mail and U.S. mail, with encls.)
KENNEDY COVlf\!CTON OBDE,L & I-IICKMAN, LL.P, UJ1VU1,kCllllcdycovInglon,coll
CHARLOTTE RALEIGH RESEj\RCH THfANGtE PARE( nOCl( HltL telep11o1tc 704.331.7400
2336360.01
LIB: CHAOTTE
HEARST TOWER 47th FLOOR
214 NORTH TRYON STREET
HARLOTTE, NORTH CAROLINA 8202
~i~~ .
NCDENR.
North Carolina Department of Environment and Natural Resources
Dext!;r R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
Willam G. Ross Jr., Secretary
May 17,2005
Sent Via E-mail and USPS
Ian Bruce
Merrifield Parers, LLC
125 Scaleybark Road
Charlotte, NC 28209
i bruce~merrfieldparers. com
Subject:Request for Additional Assessment
Former Mitchells Formal Wear Site
115-145 Scaleybark Road
Charlotte, Mecklenburg County
Brownelds Project Number 09013-05-60
Dear Mr. Bruce:
The North Carolina Deparment of Environment and Natual Resources (DENR) reviewed the curently
available site information for the referenced site and data gaps have been identified. Additional assessment
activities are required to assist in making risk management decisions for inclusion in the brownfields agreement.
During the evaluation process, the following sources were utilized: historical site information from the
DENR fies and the Letter of Intent with supporting reports. A significant amount of investigation and remedial
work has been completed at the site to date. However, the following assessment activities are necessaa to
complete the brownfields review process:
. Receptor Survey: Conduct an updated receptor survey for the surounding area. Attached is the receptor
survey form for easy submittal.
. Groundwater Sampling: Collect groundwater samples from the all the site monitoring wells (MW-1
through MW -17, DW -1, OW -1, OW -2.) Record depth of static groundwater in each well prior to
purging activities, and field parameters (e.g., temperatue, dissolved oxygen, pH, turbidity, and
conductivity) prior to sampling activities for sumaa report. Contain purge water for analysis prior to
disposal following approval by DENR. In lieu of sampling the containers, the consultant may rely on
sample analysis for disposal options. The ultimate disposal information must be included in the report.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] \ FAX [phone] \ Internet hUp://wastenotnc.org
An Equal Opportunity I Affirmative Action Employer - Printed on Dual Pj,rpose Recycled Paper
Mr. Ian Bruce
May 17,2005
Page 2 of2
. Laboratory Analysis: Submit groundwater samples to a NC-certified laboratory and analyze for volatile
organic compounds (VOCs) by EPA Method 5035/8260 and semi-volatile organic compounds (SVOCs)
by EP A Method 8270. Provide complete original laboratory reports and associated laboratory QNQC
documentation in the final report to DENR.
. Figures & Tables: Provide groundwater elevation map and concentration map(s) for contamnants
detected above applicable standards for groundwater. Include groundwater iso-concentration lines
above state standards. Provide sumar analytical table for contamnate detected by the laboratory
versus the state standard and include historical data, if available.
. Summary Report: Provide a written letter report with discussion of the extent of contamnation,
maximum concentrations, and sumar of sampling activities.
Once these activities are complete, we will determine if any additional information is needed to
complete our evaluation of site risks and preparation of the draft Brownfields Agreement. If you have any
questions regarding this letter, please feel free to contact me at [phone] or via e-mail at
carol"n.minnich(ÜJ,ncmail. net.
Sincerely,~~
Carolyn Minnich
Brownelds Project Manager
Division of Waste Management
cc: Project File
ec: Bruce Nicholson, DENR
Sandra Moore, DENR
Carol Jones Van Buren, KC
, I
.SllIEhJ)
Via E-Mail: cvanburen(fkennedycovington.com
June 14,2005
Mr. Ian Bruce
Crosland Commercial
i 25 Scaleybark Road
Charlotte, North Carolina 28209
clo Carol Jones Van Buren, Esq.
Kennedy Covington Lobdell & Hickman, LLP
Hearst Tower, 4ih Floor
214 North Tryon Street
Charlotte, North Carolina 28202
Subject:Proposal for Additional Assessment (Revised)
Former Mitchell's Formal Wear
115-145 Scaleybark Road, Charlotte, NC
Shield Proposal No. P-2005-191R
Dear Mr. Bruce:
Shield submits for your review our proposed scope of work to conduct additional
assessment at the above site. Our scope is based on our conversations with Carol Jones
Van Buren of Kennedy Covington and the Request for Additonal Assessment letter ffom
Carolyn Minnich of the North Carolina Department of Environment and Natural
Resources (NCDENR) dated May 17, 2005. These activities are necessary to complete
the brownfields review process. Our proposal includes our scope of work, opinion of
probable costs, schedule, assumptions made in preparing this proposal, and a method for
allowing us to proceed.
Scope of Work
Based on the above information, Shield proposes the following tasks be included in our
scope of work.
Task i - Receptor Survey
Using the previously completed receptor survey completed by ERM, Shield wil verify
the receptor information using the form provided by the NCDENR.
j/
4301 Taggart Creek Road
Charlolle, NC 28208 ~
Telephone [phone]
Fax [phone]
www.shieldengineering.com
Proposal for Additional Assessment (Revised)
Former Mitchell's Formal Wear Site
Crosland Commercial
Shield Proposal No. P-2005-19IR
June 14,2005
Page 2 of4
Task 2 - Groundwater Sampling
Shield will collect representative groundwater samples from the following wells:
MW-I through MW-17, DW-I, OW-I and OW-2. Shield wil collect field parameters
from each of these 20 wells, purge and containerize the appropriate amount of water and
collect one sample from each well. Wells range in size from I-inch to 6-inch diameter
wells. Investigative Derived Waste (IDW) from purging each well wil be containerized
in 55-gallon drums. Our sampling protocol wil segregate the purge water based on
previous sampling results to minimize wastes that may be determined to be hazardous.
We anticipate 5 drums of purge water wil be generated during this sampling event.
After collecting field parameters and purging each well of at least 3 volumes of water,
Shield will collect one groundwater sample from each welL. These samples wil be
properly documented and placed on ice for delivery to a North Carolina-certified
laboratory for analysis for volatile organic compounds (VOCs) by EP A Method
5035/8260 and for semi-volatile organic compounds (SVOCs) by EP A Method 8270
(Base NeutralslAcid Extractables only). We have also included one trip blank for each
method in our proposed scope of work.
Task 3 - Reporting
Upon receipt of laboratory data, Shield will prepare a summary report including
tabulation of analytical data, isoconcentration maps for contaminants of concern (COCs)
above the 15A NCAC 2L Standards, along with a groundwater elevation map and a
historical data summary table.
Task 4 - Mecklenburg County Well Registration
Shield will prepare the Mecklenburg County Monitor Well Registration for all on site
monitoring wells as required by the Mecklenburg County Land Use and Environmental
Service Agency.
Opinion of Probable Cost
Based on the above scope of work, Shield proposes to complete our activities on a time-
and-materials basis in accordance with our Client Services Agreement and attached Fee
Schedule. You wil be invoiced only for the actual amounts of time and materials used in
completion of the above scope, which may be more or less than our cost opinion.
Circumstances that may materially affect our scope and/or cost opinion will be brought to
your attention.
--SHIELD~ ENGINEERING, INC.
Proposal for Additional Assessment (Revised)
Former Mitchell's Formal Wear Site
Crosland Commercial
Shield Proposal No. P-2005-l91R
June 14, 2005
Page 3 of 4
Task 1 - Receptor Survey verification, form completion...................... $ 825
Task 2 - Groundwater Sampling, including 21 samples by EPA Methods
8260/8270, purge water disposal, equipment, supplies, labor...... $ 8,958
Task 3 - Report, Tables, Figures Preparation......... ...... ...... ...... ......... $ 2,500
Opinion SubtotaL. .. .. .. .. ...... $ 1 2,283
Task 4 - Mecklenburg County Well Registration (includes first year's
well fees ($450) )......$ 610
COST OPINION TOTAL............................. .$12,893
Schedule
Shield can schedule the above tasks immediately upon your written authorization to
proceed. Field activities can be completed within 3 days; laboratory analyses are
typically available with 14 days of the laboratory's receipt and our report can be
completed within 3 business days after receipt of laboratory data.
Assumptions and Limitations
In preparing our proposal, Shield has made assumptions, the validity of which may
impact project scope and costs. Specifically, we have assumed the following:
. The monitoring wells are accessible and Shield personnel will have access during
normal business hours to complete our activities.
. Shield personnel will be permitted access to the site and the wells, including those
located inside the facility.
. Shield is not the generator of any waste. Shield will arrange for proper disposal of
wastes generated, but the ownership of these wastes are not Shields.
. Cost for disposal for IDW wil be determined post-sampling. Disposal options and
costs will be based on the classification of waste and the chosen disposal option,
which is not included in our proposed scope of work or cost opinion.
Authorization
To facilitate ongoing activities, Shield recommends establishment of a Master Client
Services Agreement (MSA) between Shield and Crosland. This MSA wil allow any
future scopes of work to be completed without re-review/approval of our standard
contract for each new project. Our proposed MSA is attached. To allow us to proceed
with the above scope of work, please sign in the approval box below.
6SHIELD
~ ENGINEERING. INC.
Proposal for Additional Assessment (Revised)
Former Mitchell's Formal Wear Site
Crosland Commercial
Shield Proposal No. P-2005-191R
June 14, 2005
Page 4 of 4
Shield appreciates the opportunity to continue our relationship with Crosland. Should
you have questions concerning our approach, please contact the undersigned directly at
[phone].
With best regards,
SHIELD ENGINEERING, INC.
 Qg-"
Greg D. Icenhour, P.G., MBA
Vice President
Attachments: Master Client Services Agreement
2005 Fee Schedule
Scope Approval:
Date
H:\Marketing\Proposals\2005\P-2005-l91 Crosland Brownffelds\Proposal for Additional Assessment-Brownffeld-REVISED.doc
âSHIELD~ ENGINEERING, INC.
.((Economic Development
A Division of the City Manager's OfficeCHWT-
BROWNFIELD PROGRAM APPLICATION ~ ASSESSMENT o BCRLF (Select One)
RETUR APPLICATION TO:
.City ofeharlotte Tom WarshauerEconomic Development Division twarshaueriQci.charlotte.nc.us600 East Trade Street 704-336-4522Charlotte, NC 28202 704-336-2527 (fax)
PLEASE NOTE, TilS APPLICATION WILL BE CONSIDERED INCOMPLETE AN RETURED IF ALL
ITEMS AR NOT ANSWERED AN ALL REQUIRD ATTACHMNTS INCLUDED.
SECTION 1: APPLICANT INFORMTION (ALL ITEMS MUST BE ANSWERED)
Every applicant that is not a natural person must provide to the City the name, date of birth, address and telephone
number of every person or other entity that holds 10% or more of the beneficial ownership of the applicant as member,
partner, shareholder, or otherwise. Upon the City's request, the applicant must provide documentation to support the
infonnation that the applicant provides pursuant to this paragraph.
Applicant's Name:Crosland Centre Associates L.L.L.P. (CCA)
Contact Person's Name (if applicant is not an individual):Carol Jones Van Buren, Esq.
Title (if applicant is not an individual):Attorney for CCA
Phone:[phone] Fax:[phone]
Email:cvan burenêkennedycovington .com
See Attachment (A) regarding Beneficial Ownership
APPLICANT PERSONAL BACKGROUND INFORMATION (ALL ITEMS MUST BE COMPLETED)
The City conducts a criminal background check on all program applicants and/or all principals of the Company. For this
reason, it is important that the questions in this section be answered completely and truthfully. An arrest or conviction
record wil not necessarily disqualify you. An untruthful answer, however, wil cause your application to be denied.
Attach additional sheets as necessary.
Provide the full name, birth date (DaB), address, years at address for each applicant, and % of ownership in company for
each company principal if applicant is a company.
Name DOB Address Yrs There %Ownership
Crosland Center Management 1/29/96.227 West Trade Street, Suite 800
I %Company, Inc.Charlotte, NC 28202
CEA VII 2/1/85 Same 14.85 %Crosland, Inc.3/30/37 Same 84.15
CCA 101Ztl/l ~Same ADD.icant
Each applicant andlor company principal must provide a list of all of hislher prior addresses for the past five years,
including street address, city and state.(This must be provided for each applicant and/or principal in the company and
attached to this application fonn).See Attachment A.
Have you ever been charged with or arrested for any criminal offense other than a minor vehicle
r8 Noviolation?(This question must be answered for each applicant / principal in the business.All DYes
arrests and charges must be explained, including the outcome of each, on an attached sheet.)
Are the personal local, state and federal taxes of each applicant I principal paid up-to-date?r8 Yes DNo
Please list aU propert owned in Mecklenburg County.Use a separate sheet of paper if necessary.
See Attachment B
Page 1 ofJ Revised March 2003
SECTION 2: SITE INFORMATION (ALL ITEMS MUST BE ANSWERED)
Current Propert Owner Name:Crosland Center Associates, L.L.L.P.
Property Address:115-145 Scaleybark Road, Charlotte, North Carolina 28209
Tax Parcel Number:149-054-68A; 149-054-68B
Propert Square Footage:71,833 on approximately 9.71 acres Zoning of Propert:B-2
What is Y,our legal interest in the propert? (Chose One)Propert Owner
CURNT SITE OWNERSHIP
Address:227 West Trade Street, Suite 800, Charlotte, North Carolina 28202
Phone:[phone] (Ian Bruce)Fax:[phone]
Email:i bruceØ)merri ff eld partners .com
OWNER'S REPRESENTATIVE
Name:Carol Jones Van Buren, Esq.
Address:Hearst Tower, 47'h Floor, 214 North Tryon Street, Charlotte, North Carolina 28202
Phone:[phone] Fax:[phone]
Email:cvanburenØ)kennedycovington.com
PROPOSED SITE BUYER
Proposed Buyer's Name:The Prospective Developer is CCA, a limited liabilty limited partnership
Address:227 West Trade Street, Suite 800, Charlotte, North Carolina 28202
Phone:[phone] (Ian Bruce)Fax:[phone]
Email:i bruceØ)merri ff e i d partners .com
BUYER'S REPRESENTATIVE
Name:Same as above
Address:
Phone:Fax:
Email:
SECTION 3: FINAL PROJECT INFORMATION
Provide a brief description of the proposed end-use ofthe propert. Include plans andlor conceptual information
regarding the future use of the propert, zoning changes, etc. Use a separate sheet of paper if necessary. Attach any
plans and specs, if available, together with any other related documentation regarding the site's proposed future use.
See Attachment (C)
Provide an estimate of the number of permanent jobs that will be housed in the completed project:
This depends on new tenant obtained for vacant Mitchell's space.
Page 2 of3 Revised March 2003
SECTION 4: ENVIRONMENTAL INFORMATION - Attach any and all environmental reports.
Explain, below, what evidence of suspected - or actual - contamination exists on the site.Use a separate sheet of paper if
necessary.
See Attachment (D)
Have any environmental studies on the site been started - or completed - on this project?i; Yes DNo
If yes, indicate the amount expended to-date on environmental assessment activities:Approx. $150,000 - $200,000
Have any cleanup activities already occurred - or been started - on the site?i; Yes DNo
If yes, provide the amount expended on clean-up activities to-date:Approximately $250,000
If yes, provide a description of the cleanup activities and the status of each below:
See Attachment (D)
Provide an estimate of the number of construction and cleanup jobs that wil be created by this project:
Construction Jobs: Approximately 5 - 10 Cleanup Jobs:Approximately 5 - 10
What is the total estimated construction cost of the project?Thi s wi 11 depend on new tenant obtai ned for Mi tche 11 's
space.
SECTION 5: ATTACHMENTS
i; Copies of all reports addressing environmental conditions at the site. Check here if not applicable: D See Attachment (F
D Plans and specs or other conceptual designs of proposed end-use of propert. Check here if not applicable: i;
i; Personal Background Exhibits, if applicable (see Section 1). Check here if not applicable: D
D Other:
SECTION 6: APPLICANT'S SIGNATURE
The Applicant assures that the above infonnation is true and correct and agrees to comply with all City of Charlotte
guidelines applicable to this program. The applicant also agrees that in the event of their breach of any condition or
provision, or whenever deemed to be in the interest of the City of Charlotte, the Economic Development Division has the
right to tenninate this agreement.
If Applicant is not an individual, by signing below the Applicant acknowledges he/she is duly authorized to act on behalf of
the Company, andlor for each principal of the Company and that the Company is properly organized and licensed to conduct
business in the state of North Carolina.
The Applicant, andlor each Company principal having 10% or more ownership in the Company, authorizes the City of
Charlotte to request criminal record infonnation about him/her for the purpose of detennining eligibility for this program.
The Applicant understands that the City will conduct a review of local propert taxes for the purpose of detennining
eligibility for this program. The Applicant will pay all co . cu d by the City pursuant to these records searches.
Date Signed
Page 3 of3 Revised March 2003
ATTACHMENT (A)
Beneficial Ownership
Crosland Centre Associates, L.L.L.P. (CCA)
Date of Formation:
Address:
Telephone:
10/28/04
227 West Trade Street, Suite 800
Charlotte, NC 28202
[phone]
Crosland, Inc. (84.15% interest in CCA)
Date of Formation:
Address:
Telephone:
3/30/37
227 West Trade Street, Suite 800
Charlotte, NC 28202
[phone]
CEA, VI (14.85% interest in CCA)
Date of Formation:
Address:
Telephone:
2/1/85
227 West Trade Street, Suite 800
Charlotte, NC 28202
[phone]
The current address ofCCA, Crosland, Inc. and CEA, VII is provided above. All three (3)
entities have been located at this address since March 2004. Prior to March 2004, all three
entities were located at the following address: 125 Scaleybark Road, Charlotte, NC 28209
2330999.01
LID: CHAROTTE
ATTACHMENT (B)
Mecklenbure County PrODert
CCA owns the following tax parcels in Mecklenburg County: 1) 149-054-68A; 2) 149-054-68B;
and 3) 149-054-71. Tax Parcell 49-054-68B and a portion of Tax Parcel 149-054-68A comprise
the property that is the subject of the grant. Tax Parcel 149-054-71 is an adjacent parcel ofland
where the library is located.
A list has been attached of all properties owned by Crosland, Inc., a partner in CCA. CEA VII
and Crosland Center Management Company, Inc. , the remaining partners in CCA, do not own
any property in Mecklenburg County. (It was unclear whether the application required a list of
properties owned by principals ofCCA.)
2
2330999.01
LIB: CHAOTTE
Polaris Search: Tax Parcels Deeded to Crosland, Inc.
Tax Parcel
1 10704123
2 12305309
3 12305310
4 12502405
5 12502406
6 14905101
7 14905111
8 14905112
9 14905113
10 14905114
11 14905115
12 14905201
13 14905202
14 14905203
15 14905204
16 14905205
17 14905206
18 14905207
19 14905208
20 14905209
21 14905210
22 14905304
23 14905413
24 14905414
25 14905415
26 14905416
27 14905417
28 14905418
29 14905419
30 14905420
31 14905421
32 14905422
33 14905423
34 14905424
35 14905425
36 14905426
37 14905427
38 14905432
39 14905433
40 14905436
41 14905437
42 14905438
43 14905439
44 14905440
45 14905441
Address
The Plaza
824 E. Morehead Street
800 E. Morehead Street
223 S. Brevard Street
229 S. Brevard Street
3545 Sloan Street
300 Holls Road
3515 Sloan Street
3527 Sloan Street
3533 Sloan Street
3539 Sloan Street
201 Hollis Road
207 Hollis Road
213 Holls Road
219 Holls Road
225 Hollis Road
231 Holls Road
237 Holls Road
301 Hollis Road
307 Holls Road
313 Holls Road
127 Hollis Road
3601 Sloan Street
3607 Sloan Street
3613 Sloan Street
3619 Sloan Street
3625 Sloan Street
3614 Sloan Street
3608 Sloan Street
3600 Sloan Street
209 Stamey Circle
210 Stamey Circle
208 Stamey Circle
3554 Sloan Street
3548 Sloan Street
3540 Sloan Street
211 Ormand Court
212 Ormand Court
3528 Sloan Street
230 Hollis Road
224 Holls Road
220 Holls Road
212 Holls Road
206 Holls Road
134 Hollis Road
Tax Parcel
46 14905442
47 14905443
48 14905444
49 14908602
50 15302105
51 15302106
52 15302107
53 17110505
54 17110543
55 17315404
56 17318165
57 18319119
58 18319851
59 21313574
60 02748121
61 07302126C
62 17110542B
63 17110542A
Address
134 Holls Road
128&30 Hollis Road
. 122 Holls Road
3415 Anson Street
1626 Lombardy Circle
1620 Lombardy Circle
1614 Lombardy Circle
1237 Tyvo1a Rd.
5221 South Blvd.
3238 Northampton Dr.
Red Barn Lane
Simsbury Road
Chevington Road
Sunnywood Lane
Radbourne Blvd.
316 S. Tryon Street
5215 South Blvd.
5101 South Blvd.
ATTACHMENT (C)
Final Proiect Information
Property Historv
The Site is comprised of 9.71 acres and is located at the intersection of South Boulevard
and Scaleybark Road in Charlotte, Mecklenburg County, North Carolina. The Site
consists of the following tax parcels: a portion of Tax Parcel #149-054-68A and all of
Tax Parcel #149-054-68B. According to aerial photographs, the Site was undeveloped in
1956. In the late 1950s, a shopping center was built on the Site. The original shopping
center had a grocery store anchor, Winn Dixie. Winn Dixie occupied the Site until
approximately 1979.
In September 1979, Mitchell's Formal Wear ("Mitchell's") leased approximately 12,490
square feet of one of the buildings on the Site (the "Mitchell's Premises"). Mitchell's
extended its original lease several times over the course of its 23 year history on the Site.
Mitchell's was acquired by Afer Hours Formal Wear in 2001, and the Mitchell's
Premises was vacated by Mitchell's in November 2002.
The address of the Mitchell's Premises was 1 15A and 1 15B Scaleybark Road. Mitchell's
operated a tuxedo rental business. As part of that business, Mitchell's needed to clean the
garments after their use by its customers. For a period, Mitchell's subleased a portion of
the Mitchell's Premises to dry-cleaning operators (Sir George's Cleaners, Long's
Cleaners) for that purpose. During the mid-I980s, Mitchell's took over the dry-cleaning
operations on the Mitchell's Premises.
In 1997, Crosland retained HR/Spectrum to conduct a brief compliance inspection of
the dry-cleaning facility. At that time, Mitchell's was operating two dry-to-dry cleaning
units at the Site. Only one of the machines had secondary containment, and the secondary
containment was insuffcient to contain all tetrachlorethylene ("PCE") within that
machine. An open floor drain was located immediately in front of one of the dry-
cleaning units. PCE was stored in an aboveground storage tank ("AST") located at the
rear of the building. The tank is believed to have been first installed at the time of the
original lease signing. The AST did not have secondary containment. The AST supplied
PCE by gravity feed to the machines through flexible tubing with a valve on the end.
Mitchell's used a hydromister to separate PCE from condensate in the refrigerated
condensers. The water vapor exiting the hydromister was sprayed inside the building and
then over the parking lot on the western side of the building.
According to the Report of Dry-Cleaning Process Evaluation dated July 1998, a release
ofPCE occurred due to a leak in one of the dry-cleaning units in 1995 or 1996. The leak
emptied the entire machine of PCE. According to an employee, approximately 50
gallons of PCE was discharged to the floor of the Mitchell's Premises. Mitchell's
3
2330999.01
LIB: CHARLOTTE
employees cleaned up the release as soon as it was discovered. This release was not
disclosed to CCA.
Short Term Plans-Leasim! and Refinancine of Mitchells Premises
Mitchell's lease expired in Januar 2003. Since Mitchell's vacated the Mitchell's
Premises in November 2002, the Mitchell's Premises has sat vacant. CCA has actively
marketed the Mitchell's Premises to potential tenants. CCA has stored building
maintenance supplies and offce equipment in the Mitchell's Premises while it has been
vacant.
In the summer of2004, the Mitchell's Premises (as well as a large block of other space in
the same building) was on the "short list" of properties being considered by a potential
tenant. The tenant ultimately chose another site. The potential tenant gave the following
reasons for terminating lease negotiations: 1) Uncertainty surrounding the scope and
timing of remediation efforts; 2) The location of the interior monitoring wells conflcted
with the potential tenant's planned offce layout; and 3) Fear of health hazards caused by
vapor releases to indoor air from contaminated soils and groundwater.
In the short term, CCA plans to upfit and re-lease the Mitchell's Premises to a
commercial tenant. CCA also has to refinance the Site by March 1, 2006. Without a
traditional cleanup plan or a Brownfields Agreement in place, CCA faces significant
hurdles in refinancing the Site.
Lone Term Plans - Transit Supportive Development
The Site is located directly across the street ITom the South Corridor Light Rail Line and
the Scaleybark Station. Afer the South Corridor Light Rail Line is operating and
established, CCA's goal is to redevelop the Site to its highest and best use. Given the
close proximity of the Site to the Scaleybark Station, it is likely that the Site will be
redeveloped to a higher density residential or mixed use development; however, any long
term plans at the Site would be based on existing market conditions at the time of the
future redevelopment.
The City of Charlotte Scaleybark Station Area Plan states that its goal is to encourage the
largely industrial and warehouse areas, as well as the strip commercial areas near the
LRT station, to evolve into a mixed use urban center for the surrounding neighborhoods.
The Plan expressly references the Site, stating "Over time the Crosland Shopping Center
should be encouraged to be more transit supportive."
CCA should be well positioned to take advantage of these opportumties with a
Brownfields Agreement in hand. Brownfields Agreements typically take twelve to
eighteen months to negotiate and finalize. By negotiating its Brownfields Agreement
now, CCA will be able to immediately move forward with redevelopment of the Site, as
well as obtain financing for such redevelopment, when conditions are right. A
4
2330999.0 i
LIB: CHARLOTTE
Brownfields Assessment Grant from the City of Charlotte helps facilitate and defray
some ofthe expenses associated with the Brownfields Agreement.
5
2330999.01
LIB: CHARLOTTE
ATTACHMENT (D)
OVERVIEW OF ASSESSMENT AN REMEDIATION ACTIVITIES TO DATE
Assessment
CCA retained Resolve to collect soil and groundwater samples at the Mitchell's Premises
in 1998. Resolve installed four geo-probe borings at the Site (GP-I through GP-4).
Significant levels ofPCE (up to 17,000 ppb) were detected in groundwater at the Site.
See Limited Soil and Groundwater Ouality Assessment Report dated May 28, 1998.
Mitchell's retained ERM to further investigate the release. ERM installed fifteen geo-
probe borings (GP- 1 through GP- 1 5) and converted seven of these borings into shallow
monitoring wells (MW -1 through MW -7) on the Site. PCE contamination was found in
soil and groundwater. ERM also cored through the floor of the Mitchell's Premises in the
dry-cleaning area and collected eight soil samples via hand auger (HAS-1 through HAS-
8). See Limited Soil and Groundwater Ouality Assessment Report dated May 28, 1998.
Free product was observed at about 4' below ground surface in HAS-5/B-5 in the area of
the PCE AST. See Letter from Gel entitled "Summarization of Field Activities" dated
September 10, 1998.
On June 24, 1998, Mitchell's gave notice of a groundwater incident to the Groundwater
Section in the Mooresvile Regional Offce ofDENR. A letter confirming this notice was
sent to Mr. Landon Davidson in the Groundwater Section ofDENR on July 13, 1998. On
September, 17 1998, Mitchell's sent a Notification of Inactive Hazardous Substance or
Waste Disposal Site to Charlotte Jesneck in the Inactive Hazardous Sites Section of
DENR. Mitchell's received a Notice of Violation from the Division of Water Quality of
DENR on September 22, 1998, directing it to "assess the cause, significance and extent
of the violation, submit a plan and schedule for eliminating the source and for restoration
of the groundwater. . . ."
A Comprehensive Site Assessment Report (the "CSA Report") was submitted to DENR
on February 3, 1999. During the preparation of the CSA Report, ERM installed three
additional shallow monitoring wells (MW -8 through MW -10) and one transitional zone
monitoring well (D W -1) to the top of bedrock. No monitoring wells have been installed
to determine the quality of the bedrock aquifer at this Site to date.
Petroleum constituents were detected in several of the groundwater samples collected on
the Site. The CSA Report prepared by Mitchell's attributes these petroleum constituents
to a potential release from a Sinclair gasoline station, repair shop and heating oil
distributorship that operated at 3913 South Boulevard in Charlotte, North Carolina (the
"Former Sinclair Site"). CCA disputes Mitchell's assertions in the CSA Report that CCA
or its predecessors obtained permits for the underground storage tanks ("USTs") installed
at the Former Sinclair Site. The Former Sinclair Site was located on a portion of Tax
Parcel # 149-054-068A now occupied by a strip mall facing South Boulevard. This
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portion of Tax Parcel # 149-054-068A has not been submitted as part of the Site in the
Brownfields Letter ofIntent.
AFVR Events
In March 1999, a 6" diameter monitoring well (MW-l1) was installed adjacent to MW-8
for use as an AFVR extraction well. MW-8 contained some of the highest contaminant
concentrations found on the Site. An eight hour AFVR remediation event was
conducted at the Site in March 1999. During the event, 700 gallons of groundwater were
extracted from MW-ll and MW-8. The concentration of PCE in MW-8 prior to the
AFVR event was 146,000 ppb. The concentration ofPCE in MW-8 one week after the
AFVR event was 22,900 ppb. In June 1999, a second 6" diameter monitoring well (MW-
12) was installed adjacent to the former dry-cleaning room.
In July 1999, a second, eight hour AFVR remediation event was conducted at the Site.
During the event, 800 gallons of groundwater were extracted ITom MW -8, MW - 1 1 and
MW-12. Groundwater samples collected after the second AFVR event showed that levels
of PCE decreased slightly in MW-8, but went up significantly in MW-I2. ERM
concluded that PCE was drawn ITom beneath the dry-cleaning room into MW-I2 due to
the AFVR event.
The AFVR events were successful in removing 4.2 pounds (.31 gallons) ofPCE from the
subsurface environment at the Site. See AFVR Ground Water Remediation Monitoring
Reports dated April 12, 1999 and August 17,1999.
Afer conducting the AFVR events, Mitchell's monitored the effects on groundwater at
the Site for several years. Levels of PCE in MW-8 and MW-12 remained high during
these monitoring events. See September 1999 Ground Water Monitoring Report, August
2000 Ground Water Monitoring Report and July 2002 Groundwater Monitoring Report.
During this period, two additional, shallow monitoring wells (MW-I3 and MW-14) were
installed inside the portion of the building used as the Mitchell's Premises.
AS/SVE Pilot Study
In June 2000, ERM completed an Air Sparging/Soil Vapor Extraction (AS/SVE) Pilot
Test. The results of the pilot test indicated that AS/SVE would be only marginally
effective at the Site. Air injection into the aquifer appeared to be highly channelized and
did not result in a higher SVE mass removal rate as measured by the concentration of
PCE in SVE emissions.
Chemical Oxidation Pilot Study
An in-situ chemical oxidation bench test was performed on soil and groundwater samples
collected from the Site in March 2002. In October 2002, Mitchell's received an
Underground Injection Control Permit to allow a pilot study to inject potassium
permanganate to oxidize the PCE in soil and groundwater at the Site. ERM conducted
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the chemical oxidation pilot study at the Site from December 9 through December 13,
2002.
ERM injected a solution of 3.7% potassium permanganate in three injection locations
(IP-I through IP-3) at the Site. Approximately 9,250 gallons of potassium permanganate
solution was injected into these three locations. The pilot test did not significantly
change the concentration or extent ofPCE in groundwater at the Site.
Soil Excavation
In January 2003, Mitchell's excavated 40.06 tons of contaminated soils from beneath the
floor of the Mitchell's Premises where dry-cleaning activities took place. Mitchell's
treated the soils on-site using a mobile thermal desorption soil treatment unit. The treated
soil was then disposed off-site.
The final dimensions of the excavation were 8.5 ft. x 10 ft. x 8 ft. deep. A 1.5 foot strip
along the western side of the excavation could not be excavated due to the presence of
three water lines along the former floor drain location. The excavation was also limited
to the west and north by the existing concrete block walls of the building. The
excavation was backfilled with crushed stone and patched with concrete.
Confirmation samples were collected from the sidewalls and bottom of the excavation by
ERM (Mitchell's consultant), who split the samples with Shield (CCA's consultant).
Both sets of confirmation samples were analyzed by Prism Laboratories. The levels of
PCE in the split samples were similar, except that Shield's samples detected higher
amounts ofPCE in SW-I from the east wall of the excavation and SW-4 from the north
wall of the excavation. See Remedial Excavation Summary Report dated February 14,
2003 and the post-excavation correspondence regarding Shield's split samples.
Based on the soil confirmation results, significant amounts of PCE remain in the eastern
sidewalls (440 ppb to 12,000 ppb of PC E) and western sidewalls (13,000 ppb to 16,000
ppb) of the excavation. These numbers reflect the ranges of laboratory results received
by Shield and ERM for the split soil samples collected from the excavation sidewalls.
VaDor Survev
A soil vapor survey was conducted inside the Mitchell's Premises in late January 2005.
Eight samples of indoor air were analyzed at the Mitchell's Premises. These samples
contained levels ofPCE that ranged from .020 ppm to 1.8 ppm.
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ATTACHMENT (E)
List of Environmental Reports- Mitchell's Formal Wear Site
Charlotte. North Carolina
ERM
ERM
ERM
NCDENR
Shield, Kennedy Covington
Lobdell & Hickman, L.L.P., and
Robinson Bradshaw & Hinson,
P.A.
ERM
Soil Solutions
ERM
NCDENR
NCDENR
ERM
ERM
Robinson Bradshaw & Hinson,
P.A.
ERM
ERM
ERM
ERM
Geo-Environmental
Consultants, Inc.
ERM
2/2005
12/22/2004
9/1 6/2003
8/1 3/2003
2/1 7/2003
2/14/2003
1/2003
12/13/2002
10/29/2002
10/1/2002
9/26/2002
9/12/2002
6/27/2002
6/1 9/2002
4/5/2002
9/20/2001
6/2000
12/8/1999
10/28/1999
Industrial Hygiene Exposure Assessment Survey
Permanganate Injection Summary Report - Addendum
Interim Remedial Action and Potassium Permanganate
Injection
Pilot Test Report
DSCA Priority Ranking Letter
Post-Excavation Correspondence Regarding Shield Split
Samples
Remedial Excavation Summary Report
Remediation Report
Remedial Excavation Workplan
Final UIC Permit
Notification of Certification into the Drycleaning Solvent
Cleanup Act Program
UIC Permit Application Addendum
July 2002 Soil and Ground Water Monitoring Report
Mitchell's DSCA Program Petition
UIC Permit Application Revision
UIC Permit Application
August 2001 Ground Water Monitoring Report
SVE/ AS Pilot Test Data Package
Facility Reinspection Report
September 1999 Ground Water Monitoring Report
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ERM 8/1 7/1999
ERM 4/12/1999
ERM 2/8/1999
ERM 2/8/1999
ERM 2/3/1999
ERM 1/1999
Geo-Environmental 1/ 1 999
Consultants, Inc.
Geo-Environmental 11/5/1998
Consultants, Inc.
ERM 10/20/1998
NCDENR 9/22/1998
Robinson Bradshaw & Hinson,9/17/1998
P.A.
Geo- Environmental 9/10/1998
Consultants, Inc.
Robinson Bradshaw & Hinson,7/13/1998
P.A.
Will mer Engineering, Inc.7/7/1998
Geo-Environmental 6/1998
Consultants, Inc.
Resolve 5/28/1998
HR/Spectrum 12/19/1997
AFVR Groundwater Remediation Monitoring Report
AFVR Groundwater Remediation Monitoring Report
Well Abandonment Records
Transmittal to Mr. Matt Heller, NCDWQ - Mooresvile, NC
CSA Report Addendum
CSA Report
Irrigation Well Sampling Results
Report of Historical Property Usage
Summarization of 9/3/98 Field Observations
Interim Environmental Assessment Report
Notice of Violation to Mitchell's Formal Wear
Notification of an Inactive Hazardous Substance or Waste
Disposal Site
Summarization ofField Observations Letter
24-hour Notice Letter of Groundwater Contamination From
Bil Toole to Landon Davison - NCDENR - Mooresvile
Report of Dry Cleaning Process Evaluation
Report of Environmental Investigation and Re-Inspection
Limited Soil and Ground Water Quality Assessment
Brief Environmental Compliance Inspection
COPIES OF ALL THESE REPORTS HAVE BEEN PROVIDED TO CAROLYN MICH
OF THE NC BROWNFIELDS PROGRA. PLEASE LET ME KNOW IF YOU NEED A
SEPARTE COPY MADE. CAROLYN MIICH'S CONTACT INORMATION IS
BELOW:
Name:
Phone:
Address:
Carolyn Minnich
[phone]
City of Charlotte, Neighborhood Development Department, 600 East Trade
Street, Charlotte, North Carolina 28202
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