HomeMy WebLinkAbout21021_Stanley Furniture_BPA_20170420Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PD) INFORMATION (USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE — DO NOT USE THE RETURN KEY)
A. PD information:
Entity name Graham County
Principal Officer Rebecca Garland, Graham County Manager
Representative Jacob Nelms, Project Manager, Graham County
Mailing Address 12 North Main Street
Robbinsville, NC 28771
E-mail address becky.garland@grahamcounty.org
Phone No. (828) 479-7960
Fax No. (828) 479-7988
Web site www.grahamcounty.org
B. PD contact person information (i.e., individual who will serve as the NCBP's point of
contact if different than above):
Name Same as IA above.
Company
Mailing Address
E-Mail Address
Phone No.
Fax No.
C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
(Use for LLCs)
Member-managed or manager-managed? Answer: n/a
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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.
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
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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.
List all parent companies, subsidiaries and other affiliates:
(Use for Partnerships)
Check one: q General Partnership q Limited Partnership
List all partners and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
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.)
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 PD 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 PD received the property as a gift from Stanley Furniture. PD has also
received grant money from the State of North Carolnia to develop the property into a park.
E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes.
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Explanation PD is a unit of local government and is experienced in owning and managing
land including parks.
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 PD has retained legal counsel experienced in Brownfields
redevelopment and is employing the environmental consulting firm,
Anchor QEA, PLLC, a firm experienced in environmental assessment and
remediation.
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. PD will comply. PD has no prior Brownfields projects.
(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.)
This is the only project to which PD is a party.
H. Does PD currently own the property?
Answer Yes.
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.)
The property was donated (Deed of Gift recorded on November 17, 2014, Deed Book 339 at
Page 536, Graham County Register of Deeds) from Stanley Furniture Company, Inc.
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer
If yes, provide date of contract.
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If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)?
Describe all activities that have taken place on the property since PD or PD's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, 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.)
Mostly unoccupied. There is a baseball field on a portion of the property.
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Former Stanley Furniture - Graham
acreage 37.47 County Graham
street address(es)
city
tax ID(s) or PIN(s)
past use(s)
current use(s)
Unaddressed parcel associated with 68 Snowbird Road
Robbinsville zip 28771
56601112000612
Furniture Manufacturing
Unoccupied, vacant.
cause(s)/source(s) of contamination:
known
suspected Former furniture manufacturer.
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 CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality's incident
R&S 1802675_1
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/ID No: EPA/ NCO24770125
Agency Name/ID No: DEQ — IHSB / NCD024770125
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property is abandoned, idled or underused?
The property has been unoccupied since Stanley Furniture gifted the property to Graham
County.
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supporting documentation such as
letters from lending institutions)?
Due to the environmental contamination, Graham County expects it will not be able to
develop the property into a park unless it is able to enter the property into the Brownfields
Program.
E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters from lending
institutions)?
In order to use the property for a park, it will be necessary to ensure the safety and protection
of the public. Given the environmental contamination, Graham County believes the best way to
do this is by entering the property into the Brownfields Program.
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
Graham County would like to develop the property into a park for the citizens of Graham
County and the public.
G. Current tax value of brownfields property: $374,700.00
H. Estimated capital investment in redevelopment project: $1,000,000.00
R&S 1802675_1
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, preserved green space, 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.)
Preservation of green space, improving quality of life and providing a place for the public to
exercise and enjoy the outdoors.
Special Note: Please describe all environment-friendly technologies and designs PD 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 I.A. above, please indicate.)
Name Same as 1A above.
Mailing Address
E-Mail Address
Phone No.
Fax No.
Ill. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD 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. An original hard copy of this affidavit must be filled out, signed, notarized and
submitted with this application.)
Is the required affidavit, as described above, included with this application?
R&S 1802675_1
Answer Yes.
B. Proposed Brownfields Agreement Form: PD 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: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the location of the property, clearly
plotted, and that measures at least an 8'/2 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 format as the base for its location map.)
Is the required location map included with this application?
Answer Yes.
D. Survey Plat: PD 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: PD 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:
Shirley. Liggins(a)-ncdennnov with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes.
Have electronic copies of the photographs been emailed to NCBP?
Answer Yes.
R&S 1802675_1
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are any environmental reports/data being submitted with this application?
Answer Yes.
If environmental reports/data are being submitted with this application, please provide the
title, date and author of each item being submitted:
Phase I Environmental Site Assessment, October 13, 2016, Altamont Environmental, Inc.
Phase II Environmental Assessments, February 2017, Anchor QEA of North Carolina, PLLC.
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.
R&S 1802675_1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Graham County, North Carolina
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
I STATUTES q 130A-310.301) et. seq. ) AND COMPLIANCE
Rebecca Garland being duly sworn, hereby deposes and says:
1. I am the County Manager of Graham County, North Carolina.
2. I am fully authorized to make the declarations contained herein and to legally bind Graham County,
North Carolina
3. Graham County is applying for a Brownfields Agreement with the North Carolina Department of
Environmental Quality, pursuant to N.C.G.S. § 130A, Article 9, Part 5 (Brownfields Act), in relation
to the following 56601112000612 parcel(s) in Robbinsville, Graham County, North Carolina:
unaddressed parcel associated with 68 Snowbird Road, Robbinsville, NC 28771.
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Graham
County, North Carolina, and any parent, subsidiary or other affiliate meets the eligibility
requirements of N.C.G.S. § 130A-310.31(b)(10), in that it has a bona fide, demonstrable desire to
develop or redevelop, 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 Graham
County meets the eligibility requirement of N.C.G.S. q 130A-310.32(a)(1) 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 state laws, regulations and rules for the protection of the environment.
Affiant further kith not.
Signafure/Rebecca Garland '
Date
Sworn to and subscribed before me yi`
this ~~ _ day of Yr L 9 201 .
Notary Public
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Preliminary Proposed Brownfields Agreement
I. Property Facts
a. Property Address(es): unaddressed parcel associated with 68 Snowbird Road, Robbinsville,
NC 28771
b. Property Seller: Stanley Furniture
c. Property Buyer: Graham County, North Carolina
d. Brief Property Usage History: Furniture Manufacturing
e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
q School/childcare/senior care
q Residential
q Commercial, retail (specify)
q Other commercial (specify)
q Office
q Light industrial
q Heavy industrial
X Recreational
q Open space
q Other (specify)
II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
X Contaminants are from an on-property source(s)
q Contaminants are from an off-property source(s)
q Contaminants are from an unknown source(s)
q Contaminants have not yet been documented on the property
b. Contaminated Media Table. (If known, check appropriate boxes below)
Contaminant Types Soil Groundwater Private Wells Vapor
and/or Surface Intrusion
Water
known Suspected known Suspected known suspected known suspected
organics Chlorinated Yes —
Solvents see
(list): Phase
II
report
Petroleum:
ASTs q
USTs q
Other q
Other (list):
inorganics Metals Yes —
(list): See
Phase
II
report
Other (list):
III. Protective Measures
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):
q Contaminant remediation to risk-based levels.
xq Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
xq 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
qe
Restrictions are being complied with and remain 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 Department of Environmental Quality and the Department of Justice. In
satisfaction of the Act, the following fees apply to a brownfields agreement that is developed for
this project under the standard program, subject to negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application, the affidavit 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 second fee of $6,000 will be due from the PD prior to execution of the brownfields
agreement. Should the prospective developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
e. Additional fees are charged for the Ready for Reuse and Redevelopment Now programs.
X ~ 0 Please check this box and initial in space provided to indicate your
acknowledgement of the standard brownfields fee structure.
X Please check this box and initial in space provided to indicate your interest in the
Redevelopment Now program and your acknowledgement of the alternate fee structure as
outlined in the Redevelopment Now Fee Consent Document (under separate cover).
X Please check this box and initial in space provided to indicate your interest in the
Ready for Reuse program.
Date of Submittal: %
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