15038_Patterson Mill_Post Recordation Amendment Request_20170216

From:Eckard, Sharon
To:Dain Butler
Cc:Robert Clements; Nicholson, Bruce; Liggins, Shirley; Darin McClure ([e-mail])
Subject:RE: Brownsfield Amendment Request
Date:Thursday, February 16, 2017 9:39:01 AM
Attachments:image001.png
Dain & Robbie – I have reviewed your request to amend the Brownfields Agreement for this
property that you emailed to me on February 9, 2017, and the map with the proposed early college
school and parking locations superimposed on the Brownfields survey plat that Drew Wilgus
submitted that same day. As we discussed, the Brownfields Agreement that was recorded on this
property does not allow for the construction of a school on the property (subparagraph 16.a.). At
the time that we were negotiating the agreement with the school board, RRGSD personnel indicated
that the only use for this property was to be for recreational fields, and that the only enclosed space
was for bathrooms and concession areas which would be only occupied for short periods of time
during sporting events. Therefore the current land use restrictions do not allow for the construction
that you are contemplating for this building, and this use is currently disallowed, and would
constitute a violation of the Brownfields Agreement if done without amendment.

Because there was specifically no enclosed buildings contemplated for the property, no vapor
intrusion language was inserted into the document to address the potential for vapor intrusion in an
enclosed building that would be used by children throughout the day. Nor was there any
assessment data collected within the proposed footprint of the school building. There were certain
soil and groundwater data collected near the proposed school building that we are reviewing, which
includes one soil and groundwater sample (SP-11) from 2009 that is within the proposed location of
the parking area.

Assuming you wish to proceed with the amendment, to amend the Brownfields Agreement, the
RRGSD will need to do the following:

1) Assess the proposed footprint of the school building for the presence of volatile organic
compounds (VOCs) in the subsurface that may contribute to the risk of vapor intrusion in the
proposed early college building and evaluate site soil in the depth of disturbance for the
school building and parking lot as soon as possible in accordance with an assessment work
plan that is approved by the BF program; BFs will not agree to this change in use without
data indicating that it is safe to do so.
2) Pay a fee of $1,000 as per paragraph 10 of the Brownfields Agreement because this is a
change to a Brownfields document after it is in effect. BFs will issue a notice of payment
separately.
3) Work with the BF program regardless of the result of the assessment data, to amend the
BFA documentation to reflect the change in the land use restrictions; this includes the Notice
of Brownfields Property (NBP), the Brownfields Agreement (BFA), and the survey plat.
4) Undergo a 30-day public comment period in accordance with the normal BF process once
the language is agreed upon by BF Program and RRGSD.
5) Record the revised documentation at the county register of deeds.

If assessment data results indicate that vapor intrusion may be an issue at the proposed school
building, mitigation measures will need to be incorporated into your foundation design to make the
building safe for this reuse. This may negatively impact your schedule which indicates that you are
planning on breaking ground in April 2017, less than 2 months from now. I know in the past the
public was very concerned about the redevelopment of the Patterson Mill site and whether there
would be any negative effects on students. You may wish to engage the community in these
activities so concerns, if any, can be addressed upfront.

Please let me know if you have any questions. The next step would be to prepare a work plan for my
review and approval to assess the soil and groundwater below the building footprint.
I look forward to getting that document.

Thanks,
Sharon

Sharon Poissant Eckard, PG
Eastern District Supervisor
Division of Waste Management – Brownfields Program
NC Department of Environmental Quality

919.707.8379 direct line & fax
[e-mail]

217 W. Jones Street
1646 Mail Service Center
Raleigh, NC 27699-1646

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Dain Butler [mailto:[e-mail]]
Sent: Monday, February 13, 2017 2:07 PM
To: Eckard, Sharon <[e-mail]>
Cc: Robert Clements <[e-mail]>
Subject: Fwd: Brownsfield Amendment Request

Hi Sharon,Just checking in to see if anything else is needed from us. Again, thanks for your help!
Dain Butler, Ed.D.
SuperintendentRoanoke Rapids Graded School District
252-519-7100
---------- Forwarded message ----------
From: Dain Butler <[e-mail]>Date: Thu, Feb 9, 2017 at 9:20 AM
Subject: Brownsfield Amendment RequestTo: [e-mail]
Cc: Drew Wilgus <[e-mail]>, Robert Clements <[e-mail]>,Ed Gordon <[e-mail]>
Sharon,
Please find attached a letter requesting an amendment as well as a timeline for the earlycollege project. I have also attached a sketch of the physical plant. Drew Wilgus from Smith
Sinnett is working on providing you the Brownsfield plat.
Please let me know if you need anything else. Again, thanks for your assistance!
Dain Butler, Ed.D.Superintendent
Roanoke Rapids Graded School District252-519-7100