WEBVTT

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welcome everyone. we're so glad you could join us for this webinar looking at the plan redevelopment of the Us.

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Finishing coal superfund site my name is Scott Miller and I'm.

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A section chief and superfund redevelopment, Co.

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Co. coordinator and epa region for in Atlanta Epa's super fun redevelopment Webinars share valuable site, reuse information, success stories as well as challenges with the hope that this information will inspire

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you to consider reuse, unimpaired or remediated properties.

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Webinar provides guidance tools and lessons learn to support the successful reuse of superfund sites.

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Today we're going to talk about how the restoration and redevelopment of historic industrial sites to commercial residential use convey area-wide benefits for communities.

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Some local government. I will kick us off with an introduction of Epa superfund redevelopment program and staff from the South Carolina Department of Health and Environmental control, and Scott Martin with the us Epa region for will provide an

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introduction to the Us. finishing code bell superfund site we're also excited to welcome Dean More half and his team to discuss the developers perspective on redeveloping a superfund site, putting the legal hurdles and considerations

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as well as environmental considerations. The webinar, with an overview of super fun, redevelopment, resources, and contacts, will also make sure that there is time at the end for questions and the answers

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The Epa Superfund Redevelopment program supports Epa staff and works with communities and other partners.

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In considering future use opportunities and integrating appropriate reuse options into the cleanup process.

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There are numerous examples of successful superfund site.

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Reuse all over the country. Pictures on this slide are just a few examples of successful reads. across Vpa region.

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4 from a dollar part, a softball stadium to an industrial park and a conservation area.

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It's important to know that we use considerations. can and should be explored at any point during their super fun.

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Redevelopment process. There are many different ways to reuse superfund sites, and there's no one size fits all solution to the term ring, which we use.

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Type will be most appropriate. The redevelopment of superfund sites, both as unique challenges in terms of protectiveness, stigma, and liability.

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Protections. However, they also allow for a broad spectrum of safe and productive reuse possibilities.

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While our epa doesn't own the sites or control control we did help to return those site contaminated sites to productive use.

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And it's important for communities and it's important part of Epa's mission and the good news is that Epa has a wide array of tools, resources, and support for local government governments communities and developers to use on these

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sites,

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As mentioned, helping to return superfund Sites back to productive use as part of Epa's mission.

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Reese aids and epa's, goal of protecting human health in the environment by developing long term stewardship for the site, and can leverage benefits for communities, reuse supports social equity.

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One community. These are accounted for providing opportunities to develop strongly relationships with the community as well as encourage equitable development and address them.

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Environmental justice concerns additionally. reuse can lead to economic improvement jobs, employment and increase tax revenue.

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Social equity gives communities a voice and decisions and opportunity to address issues and historically underserved communities and our communities with potential Ej.

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Concerns Environmental protection is a map estimated that 4 point, 5 acres of green fails are protective for every acre of brownfield redevelop.

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Long term protectiveness of the remedy opportunity to propose sustainable development, and we're collaboratively with other office groups at epa, green infrastructure, climate change, resiliency efforts, and alternative

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energy and renewable energy. It also can result in economic improvement by removing light and be a positive a catalyst for positive change, increase property values and leverage epa dollars sales generated by businesses that's super

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free sites and reuse total 65 point, 8 billion dollars in just one year, 2,021 nearly 4 times the 17 point, 3 billion dollars. that Epa spent cleaning up these sites key number

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So as you might have gas redevelopment is not only part of Epa's job.

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It is often the most creative and exciting part rather than spending millions of dollars cleaning up a site to just sit vacant, get to help shepherd it back to productive use and maximize all the community and epa

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benefits I mentioned earlier is the most gratifying and satisfying experience.

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To see your side actually turn into a use that provides Jobs housing, recreation or long life habitat, additionally reuse can help support community involvement and produces, and a pride invested interest in the site often making the

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job of the remedial project manager and site team.

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Easier public can voice concerns and questions, and Epa can address concerns through remedies and reuse plans.

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Communities can think more deeply about what is actually feasible and what they really need.

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Realizing big picture goals. epa's ultimate goal with the superfund program is to return sites back to productive use in a protective manner.

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The slide includes even more of the successful cyber uses across Epa region.

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4, So, as you can see, the possibilities truly can be endless.

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Some local governments and community members and developers think that aside is not ready for reuse until the cleanup is done.

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Not true. In fact, the earlier Epa can identify the in use and redeveloper the better.

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Many slides can be partially reused during the Cleanup Epa.

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Local governments and developers can coordinate during clean ups to maximize both cleanup and reuse benefits.

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For example, plan parking lots can be used as cast for contamination or monitoring.

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Wells may be located to allow better reuse, and the property is also possible for the prospective purchaser to agree to take on part of the cleanup to meet their project.

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Timeline or goals. Epa implements its best remedies when it receives reuse information as early in the community process as possible.

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This may not always be possible, especially for older sites. Okay, benefits from reuse information at any stage of the cleanup process, because Epa continues to evaluate and ensure sites, meet protectiveness standards ppa

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understands that local governments, especially those in environmental justice communities or often resource draft and may not have a lot of experience with super fun slides.

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That's okay. Epa is here about Epa has lots of tools, resources, and support for local governments.

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Community number and developers who want to get these sites back into productive use.

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With that, said I'm going to pass it off to Scott Martin, Ken Taylor, Gary Stewart and Susan, former to give you an introduction to the Us.

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Minute finishing co-mail Super fun site in Greenville, South Carolina.

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Thank you.

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Good afternoon and good morning. Everybody welcome to the webinar today, and South Carolina d heck I wanna share that.

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This has been a site we've had a long history with both before Epa's involvement through epa's involvement.

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And now into the next phase. next slide, please.

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We really want to share the story today of a mail that was built through early in the 19 hundreds.

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On the left you'll see if the mill is in the kind of bottom right area.

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The long northeast, southwest looking structure. And it was a typical mill village back in the day that a lot of these houses are still there, that villages there.

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But today you just have a a desolate looking manufacturing site surrounded by

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The remnants of the No village and what we're so encouraged about is the collaborative working and the ideas, and how to take an Mpl status site now today and look at the future to restore this community So with that

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i'm gonna press pass it on to the rest of my team, and to kind of give you a history of the site from the deck perspective, and then from epa's perspective

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Good afternoon I'm. jerry stewart and I'm going to talk briefly about the history of the site and dx involvement.

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If the facility was originally called Union Ble Tree and Finishing Company, it was constructed in 19 o 2 on the banks of Langston Creek, and this is about 3 miles north of downtown.

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Greenville At that time Union bleak tree was the smallest meal in an area that was flourishing with meals.

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And it was actually affectionately, affectionately referred to as the textile capital of the world.

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Operations at the facility included. bleaching, dying, and finishing plants struggled in his first few years, but by 1910 Union bleakery was one of the most robust and successful meals in The upstate of South

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Carolina; next

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This figure shows the the site and the area around it.

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The main meal is the pinkish, purplish area just to the right of the center of the picture Langston Creek comes in from the top right of the picture down to the bottom center and the reedy river, comes in from the

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top left and joins with the with Langston Creek. Near the bottom of the photo.

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Right in the center of the photo is the old mill village, the houses and our that are mostly still intact.

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A couple of other notable things on the figure, the Northern reservoir, and the northwestern reservoir.

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Those were used to provide water for the operations at the facility next

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I'm going to talk very briefly about the Union bleak tree as it started with the Arrington family.

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But I will come back to this slide in just a moment.

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Next one of the the things that was very common in the meals of the late 18 hundreds and early 19 hundreds was that the sense of community?

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The communities around the meals were often just mill workers and their families.

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Employees were affectionately referred to as lint hits, and they they took that as a badge of honor and lint heads that I know today.

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Still still take that as a badge of honor. But they lived, worked, and worshiped in the community.

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John Errington, who is the early operator of the facility and his family.

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He ensured. There were schools, churches, community buildings, playgrounds, and here he even had a golf course.

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The mill was known for sponsoring, sports, teams and Christmas parties, barbecues and other events.

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One thing John did was John Errington did was make sure.

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He looked out for his workers and ensured they had that sense of community pride.

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Next. So the operational history, as I mentioned, Union Bleak Tree was the original name, and it was operated by the Arrington family until 1,947, from 1947 to 1952 the

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Aspena Corporation operated the facility, and then for 1952 to 1984 cone.

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Mills corporation operates, and Cone was a a big player in the environmental part of the early environmental response actions that went on at facility from 1984 to 2,003 American fast print limited

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operated the facility. In November, 2,003.

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The main plant was partially destroyed by a fire, and the facility shutdown at that time.

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Next. So the regulatory history really begins. In the early 1980 S.

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Cone meals began investigating contamination and soil, groundwater and surface water.

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There at Langston Creek, and this photo shows a picture of wild water that was highly contaminated with chromium.

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So in 1982 Co-mills began operating a groundwater treatment system, and that was to address groundwork, contamination.

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Jason to the creek next good in 1984 cone.

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Mill sold the property, but they, an American fast print. The new buyer entered into a joint consent.

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Order with the department. among other things that required continuing groundwater treatment by cone meals, it did not place that obligation on American fast print.

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So the cone meals continued, operating the facility during the 1980 S.

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Excuse me operating the treatment system during the 1980 S.

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And the parties can jointly conducted investigations of the site.

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In 1991, an Ri report was submitted, and I put our in quotes there because it was not remedial investigation to circle standards.

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But it did identify significant contamination. In 1994, 1995.

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The companies conducted a solar removal that included over 13,000 tons of contaminated material in 2,004 cone meals, file for bankruptcy protection, and shut off the treatment system and in June of 2,000 and

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4. The site was transferred from D. heck's water program to our State superfund program.

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Next. in December, 2,004 de Heck filed a complaint and Federal court against American fast print.

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Reason we did. That was as soon as it came into our State super phone program.

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We notified the parties of their potential liability, but they had no interest in conducting work under an order or an agreement with the department.

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So we filed the complaint, and in July 2,005 we amended the complaint and added duke energy, which operated a electrical substation on the property and Piper properties, who had involved portion of

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the property agreed to under the A. settlement to remove contaminated soil in the Pcb.

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Area and make a payment to doct toward our past costs.

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American fast print and piper properties agreed to conduct a remedial investigation and feasibility.

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Study as well as conduct, remedial design and medial action activities.

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Next, as we expect that American fast print and Piper failed to conduct the required response Actions.

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So in 2,008 and 2,009 D. heck 5 motions to appoint a receiver, and the receiver's main activities were to market the property, to try to get money, to help address contamination issues and

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to maintain security. Concurrent with these activities, the Heck Side assessment group was conducting pre remedial assessment activities to support a potential listing on the national priorities list and in 2,011 the site

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was listed on the Npl. and lead agency activities we're trying to Epa, and that's a brief history of dex involvement

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Hello! My name is Scott Martin. I am a remedial project manager, the Us. Epa. region for office and Atlanta, Georgia and

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Scott Miller is actually my section chief and i've been the remote project manager on this site.

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Since it a super fun side back in 2,011 i'm just gonna give you a short review of epa involvement.

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Next slide, please. as far as I didn't mention the The site has a long history and rainbow.

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South Carolina. It operated for over a 100 years.

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As you know, various forms of textile mail owned by several corporations over the years, and the State of South Carolina, as you saw on the maybe slides, has had a long interaction with solid

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So as mentioned a fire in 2,003, which destroyed the main plant facility, and essentially cause the the facility to shut down.

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And it was essentially abandoned. real owners or bankruptcy.

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To go for, and eventually, in 2,011 the Epa listed the side on the national priorities list, which then does open that up to under the superfund program.

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It is listed as a fund lead site, which means that normally epa would cover the remedial action.

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But this may be a different case with the developer coming on board.

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In 2,011 I was listed on the national priorities list.

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Group called emergency response and removal started a removal action to to finish tearing down the remains of out facility building because there was trial asbestos, which is and you know, humans could

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evacuate potentially be exposed to that as best as so. they initiated a time critical removal to to pair down the building.

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At the same time. since it's such a way large site overall began a sidewide remedial investigation office right our way towards the main facility.

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Once the emergency response, remove their action next line.

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I think we mentioned. The site is possibly 2 and a half miles north of downtown Greenville, South Carolina.

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Which is renewal downtown, has undergone a pretty major redevelopment over the past few years, and that redevelopment is expanding towards the site.

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In the Epa. we have to sort of manage the size of the site we divided into 3 operable unit, no one being the main facility.

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I sometimes refer that is inside the dance line and Then Ou 2 is the line areas where the so I mean. and then i'll probably, you know, 3 will be the site like ground on the site.

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Is currently not in reuse which we're hoping to change Sam

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Few years ago the site was listed on epa's Top, 20 potential reuse and a couple of years ago I was in the middle of preparing a sitewide record of the city to move forward with

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We were, Epa was approached by a local marketing firm at a green bill that wanted to tomorrow.

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That eventually drew in the presenters that you'll see in a few minutes.

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That we are now working to redevelop the site with them, and so that's where to change our course of action.

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And instead of doing a sitewide rob i'm now doing multiple records of decision, try to speed up the process for redevelopment.

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Last year there were approximately 150 acres of the site where, eligible for no action under the super Fun program.

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So we did a record of decision, no action. and then we move forward with partial d listing from the national priorities list for those parcels.

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This year. Yeah, I We just issued a proposed plan for the Ou on main facility comment period on that closed couple of weeks ago, and we are now working to finalize a record of decision for that.

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Point and no. Then again, do a the partial d listing of the soils portion of the near future.

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We will follow that up with decision for 3 next slide, Please

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So this slide. you can see the areas that are kind of the dashed greenish lines.

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Those are the 2 areas that are each about 75 acres and size.

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That we d listed last year. area that's in

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It's solid line. It will be the main facility record of decision that will be issuing soon.

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Just covering the soils, and then you can see there brownish line is the main facility itself.

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The sort of decision intense to finish tearing down the main facility so that we can get to the soils that are underneath there that we due to conditions at the same time have not been able to

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sample underneath there. The theory is that there are so.

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It must be soils or some other source underneath the domain that's still serves as a source to premium for groundwater contamination, because there still is at least one set of wells that you

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when you sample the groundwater there, you get that yellowish water all the previous slides, and then quite a bit of the rest of the portion of the but you want record precision like I said will be eligible

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for no action and we'll move to do you list that area right this year, and I think that's all I really had.

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So I will pass on to the next presenter

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Thank you, Scott, and sorry in advance for my voice.

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Everybody. My name is Dean warhatt and I'm, one of the Co.

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Developers along with warren's in we'll go back and forth through this portion of the presentation kind of giving you some information about the developers perspective and framework for planning the redevelopment of

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a site like this next slide. So you you've heard a significant amount about the history of the site.

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You can kind of see here, the here's images of the textile mill, and it's heyday prior to the fire.

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And then really what's left of the textile mill itself today you to the next slide.

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Thank you again you've got images that are showing you the history of the site. and you know work and what went on on the site, and kind of the beauty and all of these wonderful places, and what they look like when they were

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in their heyday, and then the remnants of what's left of them today.

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So the past, as you heard before, these were vibrant places social.

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There were, you know, real communities. And then of course presently. these are abandoned. environmental. sites where you know, the The one word that really describes is light and the real opportunity is is, how do you turn these vast locations back

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into something that's really vibrant that the community can then live, work, play, and enjoy going into the future.

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And so you can see that here. So the first thing, obviously, is to really understand the current condition of the site.

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You heard a lot about the the current conditions from dhak and and the Epa.

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And with that you can understand that there's there are both environmental concerns as well as just.

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Debris concerns with a site like this. in 2,003 there was a fire.

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There was another major fire in 2,017, where the main facility burned down, and when it burned down, all of the debris that was collected was actually put in a landfill on site.

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So these are things that, as a developer that you have to deal with these these other issues, if you're looking to be, you develop a site like this again, you can see that you know it's overgrown so where it was

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once a place of commerce you know once left untouched Nature comes back in and takes place back over. So that's also what you're seeing here.

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Is that nature really came back in and took this place back over

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Again some more remnant images kind of really gives you a feel.

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So, master planning and visioning the site really it's. it's about getting together and understanding what it takes to take these large vast sites and understand how to break them into their smaller pieces.

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But then have those smaller pieces still communicate with each other like you would do in any other master planning process.

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And so, when you do that, the idea is, take the history of a place, and then rewave that history back in to the future of that place.

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So here you actually have the whole of the doughnut is filled.

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And so it's really about creating the doughnut around that whole, and just for perspective of the size of this site.

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If you were to take this site, and you were to overlay it on downtown Greenville.

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This essentially circle is about the exact same size as the city of Greenville.

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The downtown urban area

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So the the the question is, how do we get to this master plan?

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And what we did was the first thing we did was listen you know there's an old adage, don't tell the market what it wants.

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Listen to what the market wants. So here we went out and started at.

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You know, the most granular level and net with the community associations in the neighborhood.

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The Santa Cruz alliance net with the local committee leaders and said, You know what do you all envision for this site?

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We didn't want to come in as some developers take over the site and tell them what we're going to do there.

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We wanted to hear what they wanted and that's what helped us begin the framework for the master plan that you saw in the previous slide, you know, with an environmental super fun site.

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It's already a touchy subject for the local community to begin with, and so it's imperative from our perspective not to come in immediately and just start start making waves go the other way around.

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Listen to the community and build from them. And the truth is, they already had a master plan done for the community and for this site.

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And most of what you see here began with their building blocks We didn't deviate much from what they had originally planned.

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You go ahead d so you know that's that's a really good point about like the the local community buy in, and the support that you're able to generate with the the the vision that the community is already created the other piece of that

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is also bringing in local and national consultants the local consultants.

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What they end up doing is is they bring this special history and knowledge of the site and its relationship to the community.

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By doing that, you're you're able to kind of bridge this gap, and find these ways to take the historic and the future, and kind of bring those pieces together with a site like this, where you've got an existing mill village

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and you have people whose parents and parents parents were a part of this text.

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Time Bill, or a part of the textile crescent in general, which is what this area of the upstate is referred to.

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And how do you take that history and not lose it by just bulldozing?

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The entire property and starting fresh, but also tell that story and honor that past as you carry the development into the future.

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So one of the other you know important lessons that we we took away from this whole process so far is that obviously the Epa and Dfc.

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Are 2 major governmental players as part of the process, but without, heavily involving the local government.

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The city government, the county government, the local associations, the project never would have happened.

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You know you have to build a consensus amongst all the governmental entities, and we had to rely heavily on the local government to help make this project come to fruition, and we all know one of the biggest

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challenges with Epa super fun sites is funding, and you know, waiting for Congress to do anything, let alone fund super fun sites.

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So, you know, to to make sites like this happen. We had to put together.

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You know what you call a capstack in a development deal, but really a government stack.

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What we can, what you know benefits and and and you know assistance we can get from different various government entities. Put that all together, and get everybody working together from Charleston County Council all the way up you know, to the Epa.

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In Dc. and that really putting that team together. and working with all those groups, And that's where using the local consultants come in, because you know, Dean and I are developers from Miami.

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We've obviously spent a lot of time in the upstate but we're by no means local, you know.

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When you bring in an architecture firm that has its roots in town that that you know members of of the phone have been there.

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Their entire lives, and no, personally, everybody in town that makes a big difference.

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When you go and meet with the community there to try to get things done.

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Good idea. So like Warren, started to say that the 1 million dollar, or in this case multi-million dollar question is, how do you pay for these kinds of sites?

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And would. What Warren I found is that you know too many developers seem to approach these types of projects.

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Where they come in with their handout from the beginning as opposed to being willing to commit that capital that Warren was just discussing, and really find ways to develop the site which require spending money a lot of times it's on due

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diligence in the beginning, but really spending your own capital your own dollars, in order to to really delve into the issues and create the creativity that's necessary to make these redevelopment projects, work.

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And so this is really focusing on a true public private partnership, because in the end it never matters who owns the land on projects of this size or scale. it's always a public private partnership.

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It it truly is It doesn't matter when you're you're the developer, and you own the land with the land is owned by the city.

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The county, the State. Ultimately these large projects require a lot of buy-in by the community, and the that community includes many, many public entities.

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So you you really gotta understand that piece first and the developer themselves has willing to put out those initial capital dollars to to try and delve into those issues and how to break it apart and then put it back together.

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That's that's really probably the first and most important part of the developer's job in these types of projects and that putting it back together is where you start layering in that capital stack of understanding how

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you're going to deal with these things and that's where you know whether there's certain governmental incentives that are available for that for that particular location that may not be available elsewhere.

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Maybe it's a new market tax credit area maybe you're in an opportunity.

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Zone. All of these, all these factors come into play, and you have to go through them and really dive in, and it's important for the developers to be able to to understand many many different aspects of land development.

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That include the environmental, but also all of these other factors that it takes to get into development of a site like this.

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And what what i'll say before I pass it back to Warren is that you know Scott?

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Scott, Miller said early on that the epa doesn't control local land, use it's a perfect example of where the Epa has certain risk tolerances.

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But then D. Heck has other risk tolerances, and as developers we have to be able to understand what the needs of the Epa D.

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Heck and local government are in order to blend those together and find the right balance for are getting the land use in a position where the site can move forward.

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So in this particular case we actually decided on our own. Warren and I met with the county, and then we went back to D.

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Heck and Epa, and we volunteer to not build any single family housing on this entire 240 acre site.

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And so that was a limitation when we went to get our land, use approvals that we put upon ourselves to make D.

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Heck and Epa's Jobs easier so one of the things that I would say that would be a little bit of the secret sauce of why we were able to put this deal together, because this site had sat vacant for 20 years and and

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as Dia can tell you, A lot of developers took a run at it and wanted to do it.

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Everyone knew that this is a 240 Acre site 2 and a half miles from downtown Koreanville.

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You know, and just a little bit about this site this didn't really get it before.

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But just to share with you. All right. here you can see the arrow going on the side is the swamp rabbit trail, which takes you right to downtown Greenville, and we have about a mile of

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frontage along the trail. So this is the largest undeveloped site within the greater downtown area. so it's obviously a highly sought after site.

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It's got someone previously said it was one of the top 20, you know.

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Super fun sites prime for redevelopment. But the problem was, no one could figure out how to put all the pieces together, and I think one of the things we began with, and no offense to the engineers that may be on the call or the

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lawyers, of which both Dean and I are lawyers engineers and lawyers, which are heavily involved in Dpa and super fun.

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Sites are trained by our nature in school to think certain ways. You know, when they go to law school they they break down how you previously read and wrote and thought, and teach you that way.

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And engineering is a very similar discipline in the way they teach you to to think and to approach problems.

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And you know the proverbial thinking outside the box doesn't even apply here here.

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It's how you turn a box into a circle and one of the ways that Dean and I found success here was getting everybody in the room and listening to everyone from the engineers to the to the attorneys to county Council

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to the residents, and then, as Dean will talk, you know, kind of bridging the gap across all that, and putting all these pieces together.

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But it really involves, I mean the amount of work that Dean and I would do as the developers more than any other project we probably ever work on.

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That would have been relegated to, you know, other professionals to handle.

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It really only work? If the 2 of us were the ones in the room, or reading the documents, to be able to connect the dots between everybody

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Good, So you know, bridging those gaps it's really It's about the different silos that the all of the different agencies work within.

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And what what has to happen is is that there there needs to be an entity, or a person or people.

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In this case that are able to break down the barriers between those silos, so that everybody can work together.

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How do you get it where it's not just staying in their lane?

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But there's communication across these different agencies and that is really what the developer's job ends up being in a project like this, and that's what worn and I spend a lot of time doing in order, to get

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the entitlements in place in order to move the project forward from the standpoint of the record of decision that already happened and the ones that are currently happening earlier, Scott Martin mentioned the fact that he was moving forward with a record of decision for

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the entire site, and when Warren and I got involved, and we ended up starting to work on the site with the Epa Dac and our attorneys and other consultants, one of the very early discussions with Raylen

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Finch, who's one of the the main council the main attorneys that we worked with from D Heck on this project, and we're still working with was regarding our ability to break it down into components of

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areas where no further action was required at the time and could we get those areas delisted to get early development starts going that kind of thinking and process.

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That's helpful to these agencies, which either very nature. they they are not designed to be nimble, that's not their purpose.

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And sometimes people get frustrated with, that but that's part of the protections that our laws and our government create on purpose, so that that decisions don't get made, and then they have to be fixed over and over again the idea is that

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a developer, a private developer who can move quickly and do certain things that these agencies can't do, and also provide softballs that are within the lanes. of what the agencies can do that ultimately help the

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developer continue to move everything forward at an advanced paste.

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Maybe not the pace that they thought initially maybe it is but it's It's you know it's a different form. But the idea of working together and figuring those kinds of choices out is what makes these

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redevelopment projects work and that's that's the developer job.

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So, as Dean was mentioning about the D listing, and I did some some crude drawing here, and we have some time so figure to help to walk everyone through the site.

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One of the challenges was, This is a 240 acre site.

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How do you 30 take it all at once and as it's when we started.

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This was all part of the superfund site, and I I think, back to somebody.

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I read a book Once it was asking a mountain climber.

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How do you climb Mount Everest? And his answer was simple.

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One step at a time, you know and and just don't look at the top.

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Just keep in front of you, going one step at a time.

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So getting sort of creative. And how do you round the square here?

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One of the economic challenges was, if you took down all 240 acres, and had to spend all the time getting it, you know, remediated, delisted, and ready for development financially Never made sense that's why every developer

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came with their handout and said, How much money am I gonna get from the Government to do this project?

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And what we were able to do was the it, Roughly, the areas in red.

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Were the areas that we were able to to get delisted sooner, since there was no further action needed on those areas, and working with Epa and D.

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Hack, and I mean Dean can speak more about it.

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But they were just fantastic, you know, and working with us and taking.

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You know all these ideas, and making them happen that then opens up a 150 acres of the site for immediate development which now makes it economically viable for a developer to come in and develop it because we don't

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have to wait 10 years, 15 years, or however long it takes for Congress to come around and fund the site.

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So by opening up those red areas right away, that was a key to sort of making this project happen.

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You know Dean can talk more about the the bottom left.

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The purple area is gonna sort of be. Next the orange areas were 2 other infill sites that were owned by someone else that were not part of the site that we acquired separately to sort of fill in the the

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puzzle pieces here. but really the key to all of this was putting money at risk.

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That was, you know, fully at risk from day one that Dean and I did to make it happen.

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You know we were spending money on the engineers on the lawyers, and it was not an insignificant amount, fully at risk, without any level of certainty.

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Before we knew this project could happen. so instead of coming with our hands out, we contributed to the pot, and said All right, we'll pay to get the engineers.

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We'll pay to get you. know some some testing done I think there was some testing contaminant testing along the way that we paid for ourselves instead of waiting for Epa or D. Heck to fund.

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It. And that was important to to moving this along. And, Dean, maybe you can speak about kind of division of the master plans.

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And now we have this slide up and sure so first just kind of going backwards.

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1 s the I put a yellow box around one of the where the little amphitheater piece is.

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And the reason that I did that is because it's a perfect example of where I mentioned earlier about the differences between risk analysis and the standards between the State and the Federal Government, and when you're working through the process

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and understanding the differences between state requirements and Federal requirements for environmental cleanup.

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Sometimes there's differences so from an epa standpoint, that's an area of no further action, However, that is the aeration lagoon where the chromium sludge was deposited and that's an area where

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dhak does want us to do cleanup in. We want to redevelop that area, as you can see.

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And so as a part of this process it's a no further action under the Epa.

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But It's a it's an area where we're going to continue to have to do cleanup in order to need standards for the Brownfield program under d heck.

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So what we're actually doing is is once it gets the listed. Then we'll have it entered into the Browfield program.

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The State. and under that program the voluntary the voluntary cleanup program will actually clean that area up.

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And so that's that's part of this dance that has to occur. And if you're gonna be able to do these redevelopments and do them in the right way I think that the easiest way to think about

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it is that you can't walk around with a sledgehammer, and plan to beat your way through these agencies.

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You you have to be part of the solution. and part of the solution is working in concert between them and understanding that they each have their own nuanced requirements that need to be met.

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And i'm sorry warren you asked me to talk about one other thing, and I had that fun.

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Oh, our time's up So with that I think we're gonna pass along to the next members of our team

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Good afternoon. Good morning, everybody. My name is David Reiser i'm with the law firm of Canal gates I'm based in Chicago.

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With me is my colleague, Dargan, who is based in in group, and Charleston.

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So South Carolina, and also Mantle guruk who's our partner in New York?

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Matt is the transaction partner on this on this deal, and he brought us in because, this is a great transaction.

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But it obviously had some environmental hair on it which we needed to solve.

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So let's go to the first slide please

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So when came and started talking to dean Dean says we'd like to build a a big residential development on an Npl.

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Site and I had this reaction, because, as an environmental lawyer who's been involved in remediation and redevelopment.

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That's probably the hardest the hardest problem to solve let's go to the next slide, please.

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And it's a hard problem to solve because it's the combination of very high level of liability.

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Very likely high costs, and, give a difficulty to get away from those things.

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So obviously. the first problem is, how do we get Dean and Warren to do what they want to do on the site and have this development happen without taking complete ownership of the property and thus ownership of all of

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the super fun liability for remediation and for pass costs. as you heard epa's been involved in the site for a number of years, and I don't know what their past costs are. but that would it probably significant.

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And that's not something that anybody coming to the site to rebuild.

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It would want to take. Second issue is, how do we get the site out of the Npl.

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Obviously developments next to impossible for a site on the Npl.

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Plus under as well as parental talk about site on the Endpl is not eligible for involvement in the Dehac Brown Field program.

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We obviously have a timing issue, because we needed to wait for Epa to complete some of its tasks to complete its investigation, to complete its rod.

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And as with any Development Project, time is money, and having to having a a good idea of how long things are going, take is absolutely essential.

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And the pro other problem i'm turning this over to parent to discuss is integrating the remediation costs into the development process.

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So, parent you with us Yeah, i'm here. Okay, Yeah, So so yeah, this this sort of gets to a point that Warren and and Dean were talking about earlier.

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This is sort of opening up lines of communication between the different agencies and all the stakeholders.

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The Dpa, the deck our clients to developers and and and trying to solve some of these issues that we're faced with, one of which is of these early remediation costs that our clients incurred that you

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heard Warren and Dean talking about a few minutes ago.

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How do we integrate those costs into the redevelopment process?

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And this is really an issue of us, having early conversations with the Heck getting D.

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Heck, even though vehicles involved in the site.

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We want to de-hck brownfield which wasn't historically involved with the site to get involved with the site, because we do.

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Eventually, as these parcels got delisted, we we were going to be enrolling them into the brown field program, So we needed early, and a frequent conversations with the Brownfield folks.

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One of the things that we talked about with them was when our client started to incur costs with mediation related costs to some of these sites.

396
00:52:07.000 --> 00:52:14.000
As they were approaching, delisting. We wanted that that site assessment that we were to undertaking.

397
00:52:14.000 --> 00:52:17.000
At that point to to to be something that we would get credit for.

398
00:52:17.000 --> 00:52:22.000
Once we got into the Brownfield program, because once this sites move from the Npl.

399
00:52:22.000 --> 00:52:31.000
E into the Brownfield program. One of the big requirements that our clients are gonna have to undertake is to do a lot more up site.

400
00:52:31.000 --> 00:52:40.000
Assessment of all of these parcels and so when we we're doing these early assessment activities and remediation activities.

401
00:52:40.000 --> 00:52:44.000
We wanted to be doing the kinds of things that would satisfy the Epa at that point.

402
00:52:44.000 --> 00:52:47.000
That would also say the concerns that we knew we would be encountering.

403
00:52:47.000 --> 00:52:55.000
As we got into the Brownfield program, so that we were essentially killing several birds with with one stone.

404
00:52:55.000 --> 00:52:59.000
So so again to to points that Warren and Dean were talking about earlier.

405
00:52:59.000 --> 00:53:09.000
It was important for us to be having conversations with the Epa and with D Head, not just the heck super fun, but the brown fields.

406
00:53:09.000 --> 00:53:20.000
As early as possible, so that we we we could, We could sort of know in advance what issues they would be concerned about and and address those issues on the front end rather than having to essentially reinvent the wheel.

407
00:53:20.000 --> 00:53:28.000
Once we got into the Brownfield program, thanks baron let's turn to the next slide, please.

408
00:53:28.000 --> 00:53:32.000
So. fortunately we had a lot of assets that we could turn to.

409
00:53:32.000 --> 00:53:43.000
In order to make this process work first and foremost is that the Epa's investigation should type was actually mostly clean.

410
00:53:43.000 --> 00:53:52.000
The area immediately around manufacturing facility was not access about, and there was still groundwater contamination.

411
00:53:52.000 --> 00:53:59.000
But the areas outside of that, were essentially there were some issues, but they were essentially clean.

412
00:53:59.000 --> 00:54:06.000
As far as Epa was concerned, and Epa was prepared to make that factual.

413
00:54:06.000 --> 00:54:24.000
Finding that no no action had to be no remedial action had to be before and that that establish the prospect, as we'll talk about for putting on those portions of the site known as Ou

414
00:54:24.000 --> 00:54:29.000
2 and make them available for much more immediate development.

415
00:54:29.000 --> 00:54:38.000
As as a panic, provide the potential for starting to bring cash in to fund the rest of the the rest of the work.

416
00:54:38.000 --> 00:54:44.000
The second component of this is that Epa region.

417
00:54:44.000 --> 00:54:50.000
4 was very motivated by the prospect of redevelopment, and that's not always the case.

418
00:54:50.000 --> 00:55:02.000
But they really saw an opportunity. here. they saw an opportunity to take a site that didn't have response a viable responsible parties and turn it into something.

419
00:55:02.000 --> 00:55:16.000
Something great, something that, was not just an ice or and a big hole in the community, but actually was going to be something better that the community would really like.

420
00:55:16.000 --> 00:55:21.000
Our next asset was South Carolina. and there and parents going to talk about this.

421
00:55:21.000 --> 00:55:27.000
It's a really favorable brown fields program which includes a lot of liability relief that's not otherwise available.

422
00:55:27.000 --> 00:55:34.000
So paranoid you talk about that place. Yeah, and South Carolina does have a wonderful program, and you're gonna hear some more.

423
00:55:34.000 --> 00:55:47.000
You've heard from some of the South Carolina deck, people you're going to hear later after us from some of the Dia folks that are specifically within the Brownfield program, including the Director Robert Hodges

424
00:55:47.000 --> 00:55:59.000
but cetera on a head does have a wonderful program and it, and it's operated by people who really do a great job, and and it has broad liability. protections that have only gotten broader since the program was first instituted about

425
00:55:59.000 --> 00:56:12.000
20 years ago. it it provides liability protection for for non-responsible parties who come into a piece of property like this, like our clients did, and don't have any historic connection to the site where it's

426
00:56:12.000 --> 00:56:28.000
contamination they they they are awarded liability, protection from the State against any liability to the State, or the environmental agency in the State, and also against liability, protection, broad liability protection against

427
00:56:28.000 --> 00:56:41.000
any third parties. So for say, for example, adjacent sign owners, if there might ultimately be offsite migration of contamination from one of these parcels onto an adjacent site our clients would have

428
00:56:41.000 --> 00:56:46.000
protection from liability for anything associated with that migration.

429
00:56:46.000 --> 00:56:55.000
So it does have various dave alluded to very broad liability protection, and also also has some some nice tax benefits to it. there.

430
00:56:55.000 --> 00:57:01.000
There's State tax credit state corporate income tax credit involved.

431
00:57:01.000 --> 00:57:10.000
There's a jobs tax credit there's property tax exemptions available with concurrence from the local county government.

432
00:57:10.000 --> 00:57:21.000
There's also a revolving loan fund available So so there are lots of different funding incentives and tax based incentives for the program as well.

433
00:57:21.000 --> 00:57:23.000
So we'll you'll hear more about this as we go through it.

434
00:57:23.000 --> 00:57:27.000
But just sort of a an introduction to some of the benefits of the program.

435
00:57:27.000 --> 00:57:41.000
Okay. So another asset and again we've heard about this we had Dean and Warren working on that and in that we had to develop a developer who was really prepared to invest in the process.

436
00:57:41.000 --> 00:57:47.000
And by invest I don't mean just money although I assume that happen.

437
00:57:47.000 --> 00:57:57.000
But you had individuals who were prepared to not only talk to the community and talk to the governments.

438
00:57:57.000 --> 00:58:15.000
But more importantly, listen and use those meetings to develop a a very high level of trust that what they were going to do was going to be a benefit to the community that they would do, what they say they were going to do and having

439
00:58:15.000 --> 00:58:21.000
that as a basis, made a lot of the other work that we have to do a lot easier.

440
00:58:21.000 --> 00:58:40.000
So they invested most importantly themselves in this process, and by creating the coordination by creating the links among all the different stakeholders, they were able to get this process moving in a way that sort of a regular

441
00:58:40.000 --> 00:58:47.000
developer just coming in from the outside and throwing money and around would not have been able to do so.

442
00:58:47.000 --> 00:59:04.000
That was that was a huge benefit last thing is that we'd didn't have any other potentially responsible parties. and anyone who makes business to being involved in Prp groups will can tell you that that's a really good thing

443
00:59:04.000 --> 00:59:11.000
because be having a Prp group is kind of a pain in the button, forgetting anything done.

444
00:59:11.000 --> 00:59:28.000
But the other component of this is that it made is that it's a attention within epa primarily between their Brownfield people and the super fun people.

445
00:59:28.000 --> 00:59:49.000
That if there are peps involved there's much more of a enforcement type mindset, because prps, or by definition, bad people And they're responsible for not only cleaning up the pain that making sure the government made whole

446
00:59:49.000 --> 00:59:54.000
or the pass costs are paid, and all of those things.

447
00:59:54.000 --> 01:00:10.000
And then, and if those are all goals important goals the government, and of course they are, then sometimes the things that need to be done for to make a development happen, don't become as prominent get complicated by the need to make sure

448
01:00:10.000 --> 01:00:19.000
that the Prps do what the government thinks they're supposed to do

449
01:00:19.000 --> 01:00:28.000
So let's go on to the next slide and actually this the development discussions pretty well been covered.

450
01:00:28.000 --> 01:00:36.000
So let's let's go to the next slide. Yeah,

451
01:00:36.000 --> 01:00:41.000
The this kind of gets to a sequencing issue

452
01:00:41.000 --> 01:00:47.000
That in addition to the normal array of of development considerations that hey?

453
01:00:47.000 --> 01:00:54.000
Perspective purchasing site like this might might take into consideration as it planned its development.

454
01:00:54.000 --> 01:01:08.000
They're they're they're live in and work plan related issues that have to be factored into that Warren and Dana has done an amazing job of understanding and and and embracing those those those pieces of the puzzle

455
01:01:08.000 --> 01:01:21.000
in the basically that you know as as warren and dean sort of sketched out for you on a similar slide to the one you're looking at now earlier than were there there are pieces of this property that have come out of or off of the

456
01:01:21.000 --> 01:01:26.000
national priorities list already, and and we've already got admitted into the brown field program.

457
01:01:26.000 --> 01:01:35.000
Those are the parcels that that essentially you see there in red for most part, and that are ready to go for development now.

458
01:01:35.000 --> 01:01:38.000
So they they they focus their their development efforts on those parcels.

459
01:01:38.000 --> 01:01:50.000
First. the sequencing had to go in that in that order, because that those are the parcels that they could take title to one of the key threshold requirements for the South Carolina Groundfield program.

460
01:01:50.000 --> 01:01:59.000
Is that it? there participant requirements which, as I mentioned, they have to be an irresponsible party, but they're also site requirements.

461
01:01:59.000 --> 01:02:05.000
So, and and the site requirement that's in play here is that the site cannot be listed on the Npl.

462
01:02:05.000 --> 01:02:13.000
Or to be admitted into the brownfield program. So so the first sites do listed these sites that you're looking at now.

463
01:02:13.000 --> 01:02:19.000
The first sites. that would be eligible to go into the Brownfield program, and there, therefore, the first sites would be available for development.

464
01:02:19.000 --> 01:02:29.000
So that's a that's that was a key a factor in, and how they plan to sequence their development and and then and then they also, once they get into that.

465
01:02:29.000 --> 01:02:39.000
Now. Now they, Dan, and Warren have requirements from dhack to do site assessment activities out there, and those have to be incorporated into their development plans as well.

466
01:02:39.000 --> 01:02:51.000
So there's lots of considerations. related. to the environmentals that have to be factored into the development decisions and the sequencing of those development. parcels going forward.

467
01:02:51.000 --> 01:03:07.000
Okay, So let's go to the next slide thank you So, as we've talked about this had to be broken down into phases, and the point was to get as as many properties as possible out of the Npl.

468
01:03:07.000 --> 01:03:16.000
And into the into the de hacks Brownfield program, where they would have much more extensive liability protection.

469
01:03:16.000 --> 01:03:19.000
So for the clean parcels, which are ou 2.

470
01:03:19.000 --> 01:03:24.000
The first step was to get the Epa no action rod.

471
01:03:24.000 --> 01:03:34.000
The termination by Epa. the the site was clean is needed to be for the very for the varied uses that it was going to be made of.

472
01:03:34.000 --> 01:03:42.000
And well, that's not necessarily a liability protection it's the next best thing, because that's epa saying for

473
01:03:42.000 --> 01:03:48.000
We're done here unless somebody shows something else there's nothing more to do.

474
01:03:48.000 --> 01:03:51.000
The next thing we did, and not on the slide. but we got a status slash.

475
01:03:51.000 --> 01:04:10.000
Comfort. Letter from Epa sort of reiterating the impact of the No action rod on potential liability, and also saying they're was it any intention to go and and execute leans on the property because the epa has served in

476
01:04:10.000 --> 01:04:18.000
lean rights super points, and the next step and parent will get into this is to once we gotten got it out from under the Epa.

477
01:04:18.000 --> 01:04:23.000
The next step was to get it into the South Carolina Brownfield program.

478
01:04:23.000 --> 01:04:34.000
So Parent wants to talk about how that works. sure. So as I said, we had to get the site or the parcels off of the Npl.

479
01:04:34.000 --> 01:04:48.000
Before we could get it admitted into the into the Brown field program, and we had to get it admitted into the brown field program before Dan Warren or a a group could could take title to the property, because That's That's a a timing issue

480
01:04:48.000 --> 01:05:01.000
that's very important in the South carolina Brownfield program is that, and once you take title to the property, you you essentially become a responsible party which would then make you ineligible.

481
01:05:01.000 --> 01:05:12.000
For the Brownfield program. So they had to. get the the newly delisted sites admitted into the brown field program first, and then take title to the property.

482
01:05:12.000 --> 01:05:17.000
The other tension. there was that as somebody mentioned earlier.

483
01:05:17.000 --> 01:05:27.000
That the site was was that there was a receiver appointed and a receiver to control of the property.

484
01:05:27.000 --> 01:05:33.000
The receiver. Of course his incentive is is to liquidate the property as soon as he can.

485
01:05:33.000 --> 01:05:39.000
But we can't help him do that we can't take title to the property until we get admitted into the brown field.

486
01:05:39.000 --> 01:05:51.000
Program. So we're trying to walk a fairly fine line between getting the property deal and getting it into the brown field program and still honoring the Receiver's desire to to transfer title as soon as possible.

487
01:05:51.000 --> 01:05:55.000
So we had to make sure that those things took place in that order.

488
01:05:55.000 --> 01:06:03.000
And and and now that we've we've gotten it admitted into the brown field field program taken title to some of the parsons.

489
01:06:03.000 --> 01:06:06.000
We're in the process of developing a work plan with D.

490
01:06:06.000 --> 01:06:16.000
Heck, which will allow us to then begin actually doing all the side assessment activities and some of the remediation activities that Dana Warren were talking about earlier.

491
01:06:16.000 --> 01:06:30.000
So that's sort of the sequence that that had to happen from delisting through admission into the program to taking title, ultimately beginning the work plan and beginning to do the early stages of development work.

492
01:06:30.000 --> 01:06:37.000
So let's go to the next slide, please so for the not so clean. air parcels it's a different story.

493
01:06:37.000 --> 01:06:48.000
This is primarily the manufacturing area, and this does need to be remediated, and we can't do list and get it out from under Epa without doing that work.

494
01:06:48.000 --> 01:07:08.000
So we put together an agreed work plan and We're in the process of entering into perspective purchaser agreement with Epa, and that is a liability protection document that Epa enters into

495
01:07:08.000 --> 01:07:13.000
Enters into with perspective purchasers like this one.

496
01:07:13.000 --> 01:07:24.000
To give liability. protection. while they do the work and it actually it's much more like a consent decree than my opinion that it ought to.

497
01:07:24.000 --> 01:07:40.000
But that's the nature of that particular beast so there is an agreement by the perspective purchaser to do the work that's identified in a an accounted scope of work, and to put up financial assurance and to agree to

498
01:07:40.000 --> 01:07:52.000
be responsible essentially for performance. the work. So we are negotiating the terms of that document now and and then.

499
01:07:52.000 --> 01:07:57.000
Once we complete the remedial work record hired by that document!

500
01:07:57.000 --> 01:08:14.000
And once Epa determines that that works been satisfactory completed, and that we pay Epa's response cause for those activities, then Epa will determine that it's done and that point they will work to list the property

501
01:08:14.000 --> 01:08:20.000
And then, after all that's done Then we can turn around and enter the D Heck Brown Fields program.

502
01:08:20.000 --> 01:08:25.000
So, Karen, why don't you finish up on what needs to be done there?

503
01:08:25.000 --> 01:08:28.000
Yeah, I mean that's essentially the same issue I was just talking about.

504
01:08:28.000 --> 01:08:34.000
So once. the these parcels under ou one are rich.

505
01:08:34.000 --> 01:08:42.000
That point where where the works work prescribed by the by the rod is is accomplished, and and those parcels are de-listed again.

506
01:08:42.000 --> 01:08:58.000
Same issue, we'll be able to enter those the parcels into the Brownfield program just like the ones we recently entered in and take timeals of property, and then begin that that path down, creating a work plan along with D Heck

507
01:08:58.000 --> 01:09:07.000
and then embarking on conducting that work so next slide please, and we're We're short times more i'm gonna roll from these pretty quickly.

508
01:09:07.000 --> 01:09:13.000
Ou 3 is the groundwater, and that the main epa responsibility.

509
01:09:13.000 --> 01:09:31.000
Yeah, under the superfund program we were able to split that off as an entity for liability protection purposes from the rest of the rest of the project that for the State purposes we were not able to do it so let's go the

510
01:09:31.000 --> 01:09:41.000
next slide. So we've gone through these liability protections. but just to sum up under for ou 2 we have the no action, Rod.

511
01:09:41.000 --> 01:09:59.000
We have the Epa super fun, comfort, and status letter, and we are now in the process of entering into the brown the deac ground for for ou one ppa is the main source of the liability protection and that

512
01:09:59.000 --> 01:10:07.000
provides both covenants not to suit where epa is green, not to sue the company as long as they do the work that's required.

513
01:10:07.000 --> 01:10:19.000
And also contribution protection, which means that other entities who have incurred response costs cannot bring in action against the company.

514
01:10:19.000 --> 01:10:26.000
For those response. So a lean waver

515
01:10:26.000 --> 01:10:31.000
Which takes care of the potential for Epa to collect under its statutory leads.

516
01:10:31.000 --> 01:10:37.000
And then we have the protection again under the D next slide.

517
01:10:37.000 --> 01:10:44.000
Just last slide. So what are the lessons learned here?

518
01:10:44.000 --> 01:10:51.000
Quickly and back and forth on it quick. The first thing is to pick the right side.

519
01:10:51.000 --> 01:10:54.000
So this sidehead turns out, had a lot of benefits.

520
01:10:54.000 --> 01:11:02.000
Part of it was fairly clean, and it was also in South Carolina, which in and of itself was the benefit.

521
01:11:02.000 --> 01:11:07.000
Aaron. And yeah, and this this on that. note, this this site.

522
01:11:07.000 --> 01:11:11.000
And, Howard can jets and light on this as well.

523
01:11:11.000 --> 01:11:23.000
This is either the first or second largest brownfield site in the history of the South Carolina program, which has been around for about 20 years, and I think there have been something on on the order of a 1,000 sites 600 or

524
01:11:23.000 --> 01:11:30.000
so non responsible party sites and it's dependent on how you aggregate the April.

525
01:11:30.000 --> 01:11:40.000
It's either the first or second largest in history so it's an exciting way, really exciting project for for those of us working on as lawyers as well as I think for Deacon for the Epa and and for

526
01:11:40.000 --> 01:11:50.000
Warren and Dean it's been a really fun project It's been a wonderful site, absolutely absolutely It has been a fun site to work on.

527
01:11:50.000 --> 01:12:07.000
So the other lessons are ones That, everybody has talked about here which is investing in the process and being involved in the community big chunk of the environmental justice issue has to do with people not being not taking the time to do

528
01:12:07.000 --> 01:12:19.000
what Dean Warren did which was get into the community, talk about what their needs were, follow up on their needs, listen to their concerns, and and develop a project that was consistent with

529
01:12:19.000 --> 01:12:30.000
Community goals, and then the last one is, is to develop a plan to participate in State brown fields and piran.

530
01:12:30.000 --> 01:12:38.000
You can talk about. Yeah, the protections that that that our clients, Dean Warren, are getting on this project from the Epa are wonderful.

531
01:12:38.000 --> 01:12:46.000
The great liability protections from the sure potential future liability to the epa for pre-existing contamination.

532
01:12:46.000 --> 01:12:57.000
But they don't cover everything and that's where the State program in South Carolina is so good because it's pretty aggressive in picking up or plugging the rest of the liveability holes that are out there so

533
01:12:57.000 --> 01:13:04.000
between the the Epa Liability Protections and the Ppas and the Lionelie Protections in the South Carolina program, which includes liability.

534
01:13:04.000 --> 01:13:12.000
As I said, against third parties, You really does provide a wonderful array of protections against liability for pre-existing contaminations here.

535
01:13:12.000 --> 01:13:20.000
So it's a great those 2 programs in this instance and and really really dovetail beautifully together.

536
01:13:20.000 --> 01:13:24.000
That's great. so i'm going to give Matt the last word here.

537
01:13:24.000 --> 01:13:31.000
We have probably less than a minute, if that. but he can talk about the overall transaction. Yeah, thanks.

538
01:13:31.000 --> 01:13:37.000
A lot, David and parent i'm madel Girk i'm in the New York office of kanel Gates, which is a global law firm.

539
01:13:37.000 --> 01:13:46.000
But, as you can see in this case, affirm with you know, with local, you know, experience, especially with this project.

540
01:13:46.000 --> 01:13:52.000
And Dean and Warren came to me with this idea you know I know these guys.

541
01:13:52.000 --> 01:14:00.000
They're extremely creative, but they're also cordial and very respectful of the environment which they're working in.

542
01:14:00.000 --> 01:14:12.000
So so I have to echo the fact that you know, getting the community buy in being able to get everybody together, and on the same page, and feeling comfortable and trust worthy with one another.

543
01:14:12.000 --> 01:14:26.000
That we can actually get a deal down here that benefits the community and everybody, and made my job a lot easier for certain which was to get a psa, you know, signed up get something in writing with a receiver seller to get

544
01:14:26.000 --> 01:14:43.000
this deal off the ground, and as a result, of the trust you know that was a very easy negotiation. The we were able to negotiate long diligence and investigative periods, and we're able to also

545
01:14:43.000 --> 01:14:47.000
you know, close on those parcels that we could close on.

546
01:14:47.000 --> 01:14:52.000
And you know, escrow and a dry escrow closing sort of way.

547
01:14:52.000 --> 01:14:59.000
You know future closings which is a really interesting way of approaching this, as parcels are released from the Endpl.

548
01:14:59.000 --> 01:15:04.000
We'll proceed to close on those when the when the time is right.

549
01:15:04.000 --> 01:15:11.000
So overall a huge success. and for our firm and for for the for the project.

550
01:15:11.000 --> 01:15:14.000
And you know, just a just a great success. Thanks.

551
01:15:14.000 --> 01:15:31.000
A lot. Thanks very much for listening and we're here for questions thank you

552
01:15:31.000 --> 01:15:39.000
Hi! hello, everyone! i'm Robert Hodges I manage the Brownfields program here in South Carolina.

553
01:15:39.000 --> 01:15:44.000
I want to thank everyone earlier for all the kind words.

554
01:15:44.000 --> 01:15:54.000
I do want to say that a a dance such as this, going from super fun sites, beautiful rebitalization efforts.

555
01:15:54.000 --> 01:16:07.000
Is, as everyone has mentioned, take quite a bit of choreography, and and everyone avoiding stepping on each other's feet.

556
01:16:07.000 --> 01:16:23.000
Although this property was on the Federal super fund it's about eligible for brown fields, we made the decision that we're willing to go ahead and start expending States resources in advance.

557
01:16:23.000 --> 01:16:34.000
Mostly because of all the reasons you've heard so far We had a high level of comfort for a strong potential for success.

558
01:16:34.000 --> 01:16:43.000
So we were moving before the property was selling for Brownfields to get it prepared to enter into it.

559
01:16:43.000 --> 01:17:02.000
So so that when the d listing occurred we could move immediately into State, Brownfield's programs the State Browse program, and in South Carolina mechanism is what we call the voluntary cleanup contract this is

560
01:17:02.000 --> 01:17:10.000
this slide shows an excerpt from our State. Has this waste management act the

561
01:17:10.000 --> 01:17:27.000
The the love that provides a brownfield's program it's it was adopted soon after circa was amended to create the Brownfield programs across in the Federal side within our State.

562
01:17:27.000 --> 01:17:34.000
This, the the highlighted spot here is basically the full of what we do.

563
01:17:34.000 --> 01:17:43.000
Our State law says that we can extend work plans and reports that don't require removal of all contamination.

564
01:17:43.000 --> 01:17:52.000
That's the The The brown fills protections and not responsible party will not be required to do the remediation.

565
01:17:52.000 --> 01:17:56.000
Complete remediation. However, they do have to take steps.

566
01:17:56.000 --> 01:17:59.000
But we can allow this to a car without full remediation.

567
01:17:59.000 --> 01:18:18.000
Yeah. And and as you can see here the the the 4 little talking dots give us the ifs, and the third one you will see, does not interfere with substantial increase cost of continuing response.

568
01:18:18.000 --> 01:18:22.000
Action, and the second talking, Dot says, does not contribute or exasperate.

569
01:18:22.000 --> 01:18:42.000
So that's sort of our role in the future process once you're in the Brown Fields problem we'll review work plans and reports, and make sure that these all these actions are in compliance with the

570
01:18:42.000 --> 01:18:49.000
brown fields after so let's do the next show the next one, please.

571
01:18:49.000 --> 01:18:58.000
Next slide and This is an excerpt from the contract that we have entered into for this side the co-mail site.

572
01:18:58.000 --> 01:19:11.000
And and we've we we've got innovative here also, normally, our contract describes the complete assessment.

573
01:19:11.000 --> 01:19:17.000
We will look for on a property, so that we can help design the measures to make it safe for the use.

574
01:19:17.000 --> 01:19:25.000
But as this project differs into many ways, and the main one is the phased approach.

575
01:19:25.000 --> 01:19:41.000
We are working with with jason's group here he's gonna explain this in a few mess, but what we're doing is we're gonna work our contract in a phase approach So as each portion of the property moves into

576
01:19:41.000 --> 01:19:47.000
the development. We will then design the assessment work plan for that portion.

577
01:19:47.000 --> 01:19:59.000
So we don't try to approach This Project this property as one giant property. each Each development area will have an individual assessment plan.

578
01:19:59.000 --> 01:20:16.000
Assessment worked. then detective measures any corrective actions. It may be required and and we move through, and we can provide the certificate of completion which is the endpoint of the Brownfield's

579
01:20:16.000 --> 01:20:22.000
contract for each parcel as we move forward into the future.

580
01:20:22.000 --> 01:20:29.000
So the developers get their protections. as they as they develop

581
01:20:29.000 --> 01:20:39.000
So this i'm gonna let Jason give a further explanation of the work plan and and the type of assessment work that we're going to be asking to be done at this property.

582
01:20:39.000 --> 01:20:47.000
So we know that this development will be the the best one in the State to date. Jase.

583
01:20:47.000 --> 01:20:51.000
Hello! Everyone my name is Jason shesley I'm with I'm.

584
01:20:51.000 --> 01:21:04.000
A geologist with Kimberly horn and associates and we're the environmental consultant for the developer for this project, and, like most Brownfields projects, this project started with a phase one environmental site

585
01:21:04.000 --> 01:21:12.000
assessment, and then evolved from there. we actually prepared 3 separate phase, one Esas for the project.

586
01:21:12.000 --> 01:21:26.000
The first one was completed in August of 2 2020 that was updated in 2,021, and the third one was recently completed in February of 2022 prior to the acquisition

587
01:21:26.000 --> 01:21:37.000
of the parcels that made up the former ou 2 area operation unit to area with a lot of industrial sites.

588
01:21:37.000 --> 01:21:45.000
And we're preparing phase ones one of the biggest challenges is trying to piece together the operational history of the site.

589
01:21:45.000 --> 01:21:50.000
But that wasn't necessarily the case in this instance through all the work that the Epa and D.

590
01:21:50.000 --> 01:21:56.000
Heck performed over the years. There was a lot of operational history and knowledge about the site.

591
01:21:56.000 --> 01:22:01.000
However, in preparing our phase, one we didn't rest or rely entirely on that data.

592
01:22:01.000 --> 01:22:18.000
We did our own research and evaluation, with the understanding that we were going to either confirm, refute, or add to the narratives that have been developed by both the Epa and Dhak regarding the Cone Mill

593
01:22:18.000 --> 01:22:22.000
site, as it related to the phase, one itself, and the subject property.

594
01:22:22.000 --> 01:22:28.000
The subject. Property was listed to the parcels that made up the former.

595
01:22:28.000 --> 01:22:37.000
Ou 2 area, however, the majority of the phase one did speak to the larger area of the superfund site.

596
01:22:37.000 --> 01:22:46.000
The Epa previously evaluated this site and identified roughly 18 areas of concern and 3 operational units.

597
01:22:46.000 --> 01:23:02.000
There's 3 operational units included operational unit one which was the main plant area operational unit number 2, which is the area outside of the main plant and then operation unit, 3 which was limited to the groundwater

598
01:23:02.000 --> 01:23:19.000
contamination. So as Robert had mentioned earlier part of the voluntary cleanup contract program was the development of the work plan to do the further site assessment under the brownfield's, program however, since we're developing

599
01:23:19.000 --> 01:23:27.000
this site in phases, and the development plans for all of the components of project have yet to be finalized.

600
01:23:27.000 --> 01:23:41.000
It really didn't make sense to develop and put together. a comprehensive work plan that would ultimately be amended and modified through the course of the completion of the development plans So instead.

601
01:23:41.000 --> 01:23:52.000
We developed, as Robert alluded to a sampling plan, and this sampling plan essentially established the overall goals of the future work plans that would be developed for the site.

602
01:23:52.000 --> 01:23:56.000
And it was a way for both the developer and D.

603
01:23:56.000 --> 01:24:01.000
Heck to come to a consensus regarding the type of sampling that would be performed.

604
01:24:01.000 --> 01:24:08.000
The contaminants of concern and the overall phasing approach for the development of the project.

605
01:24:08.000 --> 01:24:24.000
For instance, the work plan. Excuse me. The sampling plan speaks to the instances in which discrete sampling would be performed versus instances in which incremental sampling methodology would be performed,

606
01:24:24.000 --> 01:24:33.000
for soil analysis and characterization also spoke to the fact that the Epa is going to retain comp responsibility for addressing the groundwater contamination.

607
01:24:33.000 --> 01:24:48.000
However, under the future workplace it would be developed we would be, or there would be, a component of groundwater assessment and potentially groundwater monitoring under the State's Brown Fields program and one of the most important

608
01:24:48.000 --> 01:24:58.000
things that the sample sampling plan did was that it established the development areas for the former.

609
01:24:58.000 --> 01:25:03.000
Ou 2 area. So we have 5 development areas that were identified.

610
01:25:03.000 --> 01:25:13.000
The first is area one development area one, and that quote corresponds with area of concern, one which is the permitted sludge landfill.

611
01:25:13.000 --> 01:25:24.000
The second area is development area 2, and that corresponds with Aoc 15, which was the northwestern reservoir area.

612
01:25:24.000 --> 01:25:35.000
The third area court corresponds with Aoc 14, which is the Northern reservoir, and the fourth area, which is identified or

613
01:25:35.000 --> 01:25:46.000
On this exhibit corresponds with Aoc 17 which was identified as the force to track. and finally, the last area is a development area is area 5.

614
01:25:46.000 --> 01:25:51.000
This is an area that is just south of the main plant area.

615
01:25:51.000 --> 01:26:00.000
That was not really part of the main operations, and was singled out or separated out from the main superfund process.

616
01:26:00.000 --> 01:26:07.000
Earlier in the program or earlier in the process implemented by the Epa.

617
01:26:07.000 --> 01:26:24.000
So each of these areas, when we identified or carved up these areas, was based on the proposed or intended redevelop and the those areas, the one thing to take into consideration is the amount of significant work that will be done just

618
01:26:24.000 --> 01:26:32.000
to evaluate operation unit operation area to next slide, please.

619
01:26:32.000 --> 01:26:38.000
This is site is not flat. there's a lot of topographic relief across the site.

620
01:26:38.000 --> 01:26:42.000
In fact, this shows a portion of the development area in the topography.

621
01:26:42.000 --> 01:26:57.000
But we will need to do a significant amount of earthwork and part of the work. Plans that will be developed under the sampling plan will address the initial site plan and soil management.

622
01:26:57.000 --> 01:27:08.000
We anticipate that will be managing up to 500,000 cubic yards half a 1 million cubic yards of soil across the site.

623
01:27:08.000 --> 01:27:14.000
There would be some areas on site where we'll be cutting downs, the topographic highs as much as 5 to 10 feet.

624
01:27:14.000 --> 01:27:20.000
There are other areas on the set on the site where we filling in topographic lows as much as 5 to 10 feet.

625
01:27:20.000 --> 01:27:30.000
So there's a significant amount of earthwork to be done across across the entire site as a whole, but also on operation unit area.

626
01:27:30.000 --> 01:27:36.000
2, which is really the focus of the sampling plan

627
01:27:36.000 --> 01:27:41.000
As was alluded to earlier there's really 2 components that play here.

628
01:27:41.000 --> 01:27:47.000
There is first the work to be done under the voluntary cleanup program with the with D.

629
01:27:47.000 --> 01:27:57.000
Heck. But then there's also the work to to be done under a workshare program or prospective purchase agreement through the Epa for the main plant. period.

630
01:27:57.000 --> 01:28:12.000
So, in addition to developing the future work plans for the au 2 area, we're also in the process of developing a work plan for the main plant and the work to be concluded in the main plan area, as we're

631
01:28:12.000 --> 01:28:19.000
alluded to previously in the presentation includes evaluating the chromium contamination, contamination.

632
01:28:19.000 --> 01:28:31.000
Underneath the main slab main building slab area, also looking at remaining asbestos within the existing buildings as best to Olympics paint as was alluded to by Dean There's an area

633
01:28:31.000 --> 01:28:35.000
on site where some of the asbestos was disposed of during the emergency action.

634
01:28:35.000 --> 01:28:49.000
Shortly after the fire that will also be evaluated we'll also be looking at the larger aeration lagoon area and and looking at managing the sludge in the heration lagoon area and decommissioning

635
01:28:49.000 --> 01:29:02.000
that area as well, thankfully, a lot of the data that's been collected to date indicates that there's not a lot of significant contamination across the site which is to say that we're really not dealing with

636
01:29:02.000 --> 01:29:09.000
hazardous waste there's contamination present it consists primarily of metals.

637
01:29:09.000 --> 01:29:16.000
Arsenic led chromium in both soil and groundwater.

638
01:29:16.000 --> 01:29:24.000
There's also some Vocs or semi-ball to organic compounds, involved organic compounds at certain Aocs, and then smaller areas.

639
01:29:24.000 --> 01:29:28.000
Their Pcb contamination to to contend with.

640
01:29:28.000 --> 01:29:35.000
But fortunately, as I mentioned we're really not talking about a lot of extensive areas of contamination.

641
01:29:35.000 --> 01:29:41.000
It's really focused in on the areas of concern that were previously identified by the Epa.

642
01:29:41.000 --> 01:29:46.000
And each of the work plans, whether It's the work plan under that, or developed under D.

643
01:29:46.000 --> 01:29:55.000
Heck or the work plan that's developed under the workshop program under the Epa will really focus in and go back into those areas of concern.

644
01:29:55.000 --> 01:30:12.000
And better define the extended contamination so that we could ultimately develop remedial action, plans and or remedial strategy for addressing the contaminants that are present the with that being said we're not really anticipating

645
01:30:12.000 --> 01:30:18.000
any active remediation, with possible exception of the groundwater contamination, or really anticipating.

646
01:30:18.000 --> 01:30:25.000
Here is a lot of passive remedial strategies, and that would include the use of engineering and institutional controls.

647
01:30:25.000 --> 01:30:35.000
As was mentioned earlier by Dean. One of the concessions that was made is that the development of the site would not include any single family residential developments.

648
01:30:35.000 --> 01:30:42.000
However, we will be doing a lot of multi-family residential developments, and so as part of the work plan, and ultimately the remedial action plans.

649
01:30:42.000 --> 01:30:50.000
We'll need to demonstrate that the soil that's being relocated and reused in those areas or commensurate with that intended land.

650
01:30:50.000 --> 01:31:04.000
Use. In some areas we'll be using up to 2 or 3 feet of clean soil to cat green space areas and other areas will rely on impervious surfaces such as building pads roadways and

651
01:31:04.000 --> 01:31:09.000
sidewalks to encapsulate contaminated soil that might be present.

652
01:31:09.000 --> 01:31:21.000
So there are a lot of moving parts and pieces associated with this project that we're trying to capture under each of the workplanes that are being developed and and going forward.

653
01:31:21.000 --> 01:31:30.000
Those work Plans will be implemented on a phased approach as as was indicated, we're not developing this site all at once.

654
01:31:30.000 --> 01:31:44.000
We're taking small bites of the elevant you know, consuming element 1 1 Byte at a time, and so, both under the D Heck approach and the epa approach. we're going to come into this and take the small steps that

655
01:31:44.000 --> 01:31:56.000
are necessary to develop each of the individual areas as appropriate I've worked on a lot of development projects a lot of Brownfields projects.

656
01:31:56.000 --> 01:32:03.000
Throughout my 30 years in the industry, and I can honestly say that this is one of the most unique projects that I've worked on.

657
01:32:03.000 --> 01:32:08.000
Dean and Warren have assembled tremendous team to develop this site.

658
01:32:08.000 --> 01:32:20.000
They have some incredible vision for the future redevelopment of this site, and it's really I think this will be a textbook example of Brownfield's redevelopment with'll be referred to in the future

659
01:32:20.000 --> 01:32:31.000
going forward. I know i'm excited to be a part of this project, and I know a lot of the other folks that spoke today are also excited to be part of that project, so with that i'll turn it back over to Scott

660
01:32:31.000 --> 01:32:38.000
Miller to to wrap things up

661
01:32:38.000 --> 01:32:49.000
Thank you. Jason. Appreciate that.

662
01:32:49.000 --> 01:32:56.000
Thank you to all of our speakers. We are looking forward to seeing the continue collaboration and redevelopment of the site in the coming years.

663
01:32:56.000 --> 01:33:05.000
I want to take a few minutes to provide an overview of available resources and contacts for superfund redevelopment before we jump into our question and answer session.

664
01:33:05.000 --> 01:33:11.000
Maybe wondering what Epa can do to help facilitate, reuse, super fun sites.

665
01:33:11.000 --> 01:33:23.000
Ppa has a host of tools and resources, such as technical assistance and reuse, planning guidance, handbooks, fact sheets, prospective purchaser inquiry, calls comfort status letters that you heard

666
01:33:23.000 --> 01:33:37.000
mentioned. epa agreements. If you have questions about how to get reuse related support for a site, or have questions by redeveloping a superfund site. Don't hesitate to reach out to me the epa regional superfundry development

667
01:33:37.000 --> 01:33:46.000
coordinator for your area. I want to highlight super fund, redevelopment procedures, technical assistance and reuse planning support each year.

668
01:33:46.000 --> 01:33:54.000
Epa Superphones redevelopment program sets aside resources to provide technical assistance to communities or specific stakeholders.

669
01:33:54.000 --> 01:33:59.000
Kind of call assistance is one of the most flexible tools that Epa has for supporting reuse.

670
01:33:59.000 --> 01:34:05.000
Oftentimes technical assistance resources, support reads planning work. Srp.

671
01:34:05.000 --> 01:34:21.000
Provides several different types of reuse planning services. These projects awfully and thoroughly engaged communities providing key information that enforce agency decision making regarding cycling up and potential super fun redevelopment opportunities these

672
01:34:21.000 --> 01:34:29.000
projects play the foundation for new reuses leading to strength and local economies and much needed community amenities.

673
01:34:29.000 --> 01:34:33.000
I also want to highlight the newest superfund redevelopment tool.

674
01:34:33.000 --> 01:34:36.000
It's called epa super fun redevelopment Mapper.

675
01:34:36.000 --> 01:34:41.000
This tool is the latest epa resource developed to help revitalize, superficial.

676
01:34:41.000 --> 01:34:49.000
The map is a web based mapping tool, created to help a variety of stakeholders explore, reusing and redeveloping land.

677
01:34:49.000 --> 01:35:05.000
On or near superfund sites. The mapper helps take holders, explore potential re or opportunities through providing users with super fun, site, locations and key information, highlighting site features and surrounding area characteristics climate layers, such as

678
01:35:05.000 --> 01:35:18.000
Well, hazard areas can be added to the mapper as well up a strides to provide this key information to stay harder so they can make informed decisions, for Landry is compatible with local land use requirements community needs and

679
01:35:18.000 --> 01:35:28.000
priorities. Upa divides the Us. into 10 regions to support implementation of Epa's programs, including the superfund program.

680
01:35:28.000 --> 01:35:35.000
Every Epa region has a superfund redevelopment coordinator who serves as a local contact for your state or area.

681
01:35:35.000 --> 01:35:42.000
I am listed for region, for as are my counterparts Joy, Dev Magender and Shelby Johnston.

682
01:35:42.000 --> 01:35:49.000
Redevelopment. Coordinators can answer questions about superfunding development as well as connect you with epa tools and resources.

683
01:35:49.000 --> 01:35:56.000
If you do you have questions or looking for support don't hesitate to reach out to your regents coordinator?

684
01:35:56.000 --> 01:36:03.000
If you have any general questions, or would light more information about superfund redevelopment, please don't hesitate contact myself.

685
01:36:03.000 --> 01:36:08.000
Alexis, Rick Rick Bryant, probably on de detailed Hq.

686
01:36:08.000 --> 01:36:10.000
For the Superfundry Development Program or Chelsea.

687
01:36:10.000 --> 01:36:20.000
If you would like to sign up to receive information about super fun, redevelopment, webinars, and other news. please use the link to be added to the mailing list further away.

688
01:36:20.000 --> 01:36:30.000
Let's let's open it up for a question and answer session, Josie

689
01:36:30.000 --> 01:36:34.000
Thank you so much. Scott. Appreciate all the presenters today.

690
01:36:34.000 --> 01:36:37.000
I think we do have a few questions that we can ask and pose.

691
01:36:37.000 --> 01:36:52.000
Let me open up the chat here. So one of the questions that came in was hoping for a little bit of background about how a Miami developer would become aware of and successfully lead the redevelopment of a site in

692
01:36:52.000 --> 01:36:55.000
upstate South Carolina, Dean, or Warren.

693
01:36:55.000 --> 01:37:07.000
Do you want to chime in here I can take that It's actually a funny story, Dean, and I were up in South Carolina looking for industrial projects and we're meeting with our broker who happened to have

694
01:37:07.000 --> 01:37:21.000
the listing for the receiver on this site. and somebody walked in the room, and kind of made a common allergy showing the the cone mill site, you know, showing that one and our broker said Well, it's a perfect site.

695
01:37:21.000 --> 01:37:29.000
If you like brain damage and challenges. I think that was his quote, and that was exactly all.

696
01:37:29.000 --> 01:37:33.000
Dean and I needed to hear was we. We love brain damage and challenges.

697
01:37:33.000 --> 01:37:37.000
So he showed us the site and from there that's where we went.

698
01:37:37.000 --> 01:37:47.000
That was 2 years ago. Great! I think the people appreciate having a little bit of background.

699
01:37:47.000 --> 01:37:58.000
Let's see here, so I think We did go over some of the specifics about protection from a potential action from Epa.

700
01:37:58.000 --> 01:38:04.000
But i'll go ahead and pose this anyway. has the developer received a comfort letter.

701
01:38:04.000 --> 01:38:08.000
That Epa region 4 will not impose a windfall.

702
01:38:08.000 --> 01:38:17.000
Lean to collect response costs for the work that Epa has currently undertaken, or will take in the future.

703
01:38:17.000 --> 01:38:27.000
The answer to that is Yes, it's not a final determination on which, yeah winfall wins.

704
01:38:27.000 --> 01:38:35.000
But it is a statement that they have the is no basis to a certain a windfall lane.

705
01:38:35.000 --> 01:38:45.000
There's 2 different types of leans and just given the nature well given some particularities about the property, one of the links doesn't even apply.

706
01:38:45.000 --> 01:38:50.000
But the second thing might epa has said that they in their comfort.

707
01:38:50.000 --> 01:38:59.000
Letter that they don't intend to work to certainly and That's also an issue that's addressed in the Ppa.

708
01:38:59.000 --> 01:39:05.000
Great. Thank you, David. I think that that covers that question.

709
01:39:05.000 --> 01:39:16.000
This might be a question for scott miller someone is hoping for more information about epa's top 20 sites for redevelopment.

710
01:39:16.000 --> 01:39:20.000
They're wondering if that site is frequent that list rather is frequently updated.

711
01:39:20.000 --> 01:39:28.000
Or how sites are added to that list do you know If that's a list that's being currently updated.

712
01:39:28.000 --> 01:39:41.000
Scott. Josie I don't believe that list is has been updated since it was originally published and I don't. I'm. not sure that there is an intent to do so move forward but we can check into

713
01:39:41.000 --> 01:39:47.000
that you can always follow up with that participant later. if we have more information that we can provide.

714
01:39:47.000 --> 01:39:55.000
Alright, I'm, seeing some comments coming in thinking of the presenters for the presentation today.

715
01:39:55.000 --> 01:40:00.000
If anyone else has any more content related questions, please go ahead and put them into the chat.

716
01:40:00.000 --> 01:40:11.000
We would appreciate that i'll also take this moment to highlight, that in the chat I added a link to a form where you can enter your information and be added to a mailing list.

717
01:40:11.000 --> 01:40:20.000
A email mailing list for more information about the superfund redevelopment, webinars, conferences, tools, and other updates.

718
01:40:20.000 --> 01:40:32.000
So if you follow that link and enter your information you'll be added to the list. And, information about future webinars and other new tools like that redevelopment, Mapper will be sent to you.

719
01:40:32.000 --> 01:40:37.000
So please do feel free to add your information to that list.

720
01:40:37.000 --> 01:40:43.000
Not seeing any other questions. Come in here I think that you guys pretty much answered.

721
01:40:43.000 --> 01:40:56.000
Everyone's thoughts and questions that they might have anyone have any closing remarks that they would like to add, Since we have a little more time

722
01:40:56.000 --> 01:41:03.000
Not to put anyone on the spot

723
01:41:03.000 --> 01:41:07.000
Okay, I think we have had another question about contamination.

724
01:41:07.000 --> 01:41:10.000
So maybe this is one for Scott, or Jason.

725
01:41:10.000 --> 01:41:21.000
Would someone summarize the types of contaminants that were present on the site

726
01:41:21.000 --> 01:41:28.000
This is Scott Martin. yeah there's a wide variety the main issue.

727
01:41:28.000 --> 01:41:33.000
Remaining is the crown water that the main container of concern.

728
01:41:33.000 --> 01:41:37.000
Chromium,

729
01:41:37.000 --> 01:41:42.000
Yeah. Pcbs: were an issue outside all organic compounds.

730
01:41:42.000 --> 01:41:59.000
Various metals. there's quite a a list of contaminants, but as you can see most concentrations didn't rise to a level of working action to eliminate risk at the site by

731
01:41:59.000 --> 01:42:04.000
Epa,

732
01:42:04.000 --> 01:42:17.000
Jason, would you like to add to that I see that you came on Video , Sure, i'll i'll just add that you're the most common contaminants identified across the site throughout all of the areas of

733
01:42:17.000 --> 01:42:32.000
concern really were various medals. in addition to the facility investigation work that the Epa performed under the State Brown Bills program will be doing additional site assessment and helping the better define further define those

734
01:42:32.000 --> 01:42:36.000
contaminants of concern for each of the individual development areas.

735
01:42:36.000 --> 01:42:44.000
Right now we're looking at a handful of metals some bald organic compounds a couple semi-volt organic compounds.

736
01:42:44.000 --> 01:42:49.000
And is it's got alluded to also some pcbs?

737
01:42:49.000 --> 01:43:03.000
So we're still trying to iron that out going forward But again, the main takeaway is that the levels of contamination are certainly manageable and manageable to the point. that the site can be

738
01:43:03.000 --> 01:43:10.000
redeveloped, while at the same time being protective of human health in the environment great.

739
01:43:10.000 --> 01:43:16.000
Thank you, Jason, and thank you, Scott.

740
01:43:16.000 --> 01:43:24.000
All right. i'm seeing more positive feedback about the presentation filter in, but no more current questions at the moment.

741
01:43:24.000 --> 01:43:30.000
I'll open the floor back up to any of the presenters who would maybe like to close with some some thoughts.

742
01:43:30.000 --> 01:43:41.000
If you have anything else you'd like to to add, Yeah, , , I had something one of the things that I think we we we like.

743
01:43:41.000 --> 01:43:48.000
We talk about a project like this, and and and we frequently talk about the problems that we might have encountered and that sort of thing.

744
01:43:48.000 --> 01:43:53.000
One of the things that I love about a project like this and this one was particularly this way.

745
01:43:53.000 --> 01:44:07.000
Is it really didn't I mean it, presented some problems or some difficulties, but what it really was it was some great opportunities, and working with it great team like like Warren and Dane, and and and going to the working with the

746
01:44:07.000 --> 01:44:11.000
Epa working with the State agency d hack.

747
01:44:11.000 --> 01:44:21.000
It really is a delight. And this is one of the few areas in my 30 years of pricing law that is really kind of almost completely non adversarial.

748
01:44:21.000 --> 01:44:30.000
When when we show up with David and I show up with clients like Dan Warren with a brown field project, and and we talked to the Epa.

749
01:44:30.000 --> 01:44:35.000
And we talked to D. height. they're actually happy to see us, which is not true in other areas of our work.

750
01:44:35.000 --> 01:44:48.000
So. so it really has been a delight. and and it's been a wonderful opportunity and and a series of wonderful opportunities for redevelopment for a great site is is Warren and Dean highlighted.

751
01:44:48.000 --> 01:45:00.000
It very close to a really vital growing downtown area in Greenville, and and and this only is going to add to to what's already a great vibrant and growing community.

752
01:45:00.000 --> 01:45:10.000
So it really has been a real pleasure, professional league, to to have been associated with this project, and to continue on with the project into the future.

753
01:45:10.000 --> 01:45:15.000
Great thanks, Karen. I have a couple of more questions related to the contamination.

754
01:45:15.000 --> 01:45:19.000
Just clarifying questions. regarding the chromium.

755
01:45:19.000 --> 01:45:27.000
Was it hexavalent prolink chromium there's a hexagonal

756
01:45:27.000 --> 01:45:34.000
And we also look at total chromosomes. Okay, great couple.

757
01:45:34.000 --> 01:45:40.000
Other questions any evidence of vapor intrusion on the site.

758
01:45:40.000 --> 01:45:47.000
No, not to date. We haven't as the site is in reuse

759
01:45:47.000 --> 01:45:53.000
It hasn't been a concern sure but as the site, and you swore with redevelopment.

760
01:45:53.000 --> 01:45:57.000
We will have to take closer look at possible vapor intrusion issues.

761
01:45:57.000 --> 01:46:05.000
If there's development above the plume right now it's not an issue.

762
01:46:05.000 --> 01:46:11.000
So we have a question about communicating a safety to the local community.

763
01:46:11.000 --> 01:46:18.000
How do you communicate? safety of the parts of the site removed from the Mpl.

764
01:46:18.000 --> 01:46:23.000
With the number of contaminants on nearby sections of the site and in the ground water.

765
01:46:23.000 --> 01:46:29.000
So when let me rephrase that a little bit when part of the site is removed from the Mpl.

766
01:46:29.000 --> 01:46:34.000
How do you communicate the safety of that part of the site to the local community?

767
01:46:34.000 --> 01:46:53.000
In regards to the contaminants excuse me I can take that So the first thing is that when we enter into in this particular instance we're being taken off of the national priority list, and then entering those

768
01:46:53.000 --> 01:47:03.000
portions of the site into the state's Brownfield program. So remember earlier, you heard from 2 different portions of of Dac.

769
01:47:03.000 --> 01:47:09.000
You heard from the superfund side of the deck and the ground field side.

770
01:47:09.000 --> 01:47:25.000
So we essentially kind of we're working with 2 different departments within D Heck. And when we transfer over to the brown field program side, part of that requires that we put up signage and that we keep that signage posted throughout

771
01:47:25.000 --> 01:47:35.000
the process as we go through and clean up that particular portion of the site and get to a no further action for that area.

772
01:47:35.000 --> 01:47:43.000
So until and unless that happens, we have to have that signage up and explain to people what's going on.

773
01:47:43.000 --> 01:47:54.000
And then, in addition to that, during the process of the actual work, there may be other requirements that are specific to a certain area specific to certain contaminants.

774
01:47:54.000 --> 01:48:07.000
That will be part of our work plan that we provide that we will have safety mechanisms and safety reporting and requirements in place as we go.

775
01:48:07.000 --> 01:48:22.000
And then the last thing that i'd like to layer on top of that is that What we have done is is that even after we we met the requirements of community outreach in the planning and zonings, side of the

776
01:48:22.000 --> 01:48:25.000
world. We have continued to have those community outreach meetings.

777
01:48:25.000 --> 01:48:34.000
In fact, we just had one. I believe it was about a week ago we actually asked for the Epa to attend that meeting.

778
01:48:34.000 --> 01:48:41.000
Scott Martin from the Epa. It was actually in that we did a Zoom meeting with the community that was really well received.

779
01:48:41.000 --> 01:48:49.000
We also had a local County Council members in that meeting as well, so again, I think it's a couple of different things.

780
01:48:49.000 --> 01:49:04.000
The statutorially required postings, the plans that are approved by the agencies, and then also the ongoing community outreach and Dna follow up with 1 one additional step that'll be taken in towards the end of

781
01:49:04.000 --> 01:49:09.000
the of the Brownfield program is it will talk with with D. hack.

782
01:49:09.000 --> 01:49:18.000
Once we've we've completed all the all the site assessment work, and remediation work and we're approaching that time, which will get our certificate of completion.

783
01:49:18.000 --> 01:49:29.000
We'll talk to D. heck about about some restrictive covenants that will go on the site, so that there will be certain uses going into the future that won't be allowed based on existing contamination beneath

784
01:49:29.000 --> 01:49:34.000
soil, caps, or any any any remaining groundwater contamination.

785
01:49:34.000 --> 01:49:38.000
There may be a restriction against groundwater use, for example, and that sort of thing.

786
01:49:38.000 --> 01:49:48.000
So that so that once once dean and Warren and their group start to sell parcels off to sub developers.

787
01:49:48.000 --> 01:49:56.000
There's there'll be certain things from a safety perspective that they will not be able to do with the property.

788
01:49:56.000 --> 01:50:04.000
Great thanks for that information, Dean and Peron. see a couple more questions here time allowing.

789
01:50:04.000 --> 01:50:13.000
Would you consider this to be a green infrastructure renewal project in any way?

790
01:50:13.000 --> 01:50:19.000
So. we we actually, you know, from the standpoint of renewables.

791
01:50:19.000 --> 01:50:25.000
And doing that, you know, like a like a live where a fit?

792
01:50:25.000 --> 01:50:35.000
Well, community lead certifications, all of those all those different types of aspects and certifications being the being that it's a redevelopment site.

793
01:50:35.000 --> 01:50:43.000
We get a lot of those credits already. and we actually have a consultant. That's part of our team.

794
01:50:43.000 --> 01:50:54.000
That. That's that is their focus. and determining what credits were entitled to, and what we can pass along to the individual sites, and how we can do that.

795
01:50:54.000 --> 01:50:58.000
So it is a part of the overall project and a part of the story.

796
01:50:58.000 --> 01:51:08.000
As this continues to grow, and then how how that gets integrated into the long-term nature of the site. it's an ongoing process?

797
01:51:08.000 --> 01:51:25.000
So the answer is, Yes, how far we take that individual developments within the site is it's a little bit different between the neighborhood side of it and the individual development side that's that could be a whole webinar

798
01:51:25.000 --> 01:51:42.000
unto itself. Thanks dean So let's let's touch on one month another question related to the contamination, and how it will be dealt with during redevelopment how will the onsite landfill be addressed in the

799
01:51:42.000 --> 01:51:53.000
redevelopment, and there's a follow-up question of was the river and Creek sentiment contaminated

800
01:51:53.000 --> 01:51:57.000
So as it relates to the permitted sludge landfill.

801
01:51:57.000 --> 01:52:10.000
The material or the landfill itself contained sludge from the iteration lagoon, and other processes in the manufacturing facility, and what we found we've done some limited investigation and what

802
01:52:10.000 --> 01:52:14.000
we found is that the material the sledge material itself was relatively thin.

803
01:52:14.000 --> 01:52:18.000
It was placed in layers allowed to dry and then backfilled with soil.

804
01:52:18.000 --> 01:52:29.000
And so there's multiple layers of this sludge material anywhere from 5 to maybe 8 feet of overburden material on top of the sludge.

805
01:52:29.000 --> 01:52:42.000
One concern is that the material itself may not be due technically suitable to remain on site or be left in a particular area of the site where we may have significant ge technical requirements.

806
01:52:42.000 --> 01:52:55.000
So one approach that we're looking at is to excavate that material, blend it with the overburden materials, so that it's made more Geo technically suitable and then relocate that to the northwestern

807
01:52:55.000 --> 01:53:10.000
reservoir area as i mentioned we're gonna be filling a lot of Some little areas of the site as much as 10 to 15 feet will be backfilling areas and that northwestern reservoir area happens

808
01:53:10.000 --> 01:53:15.000
to be one of those areas. This material under the Brownfields program will be able.

809
01:53:15.000 --> 01:53:29.000
We'll be able to put that into the reservoir area because it's above the water table and then place 10 to 15 feet of soil on top of it, and essentially encapsulate it and get it out of the way from an area where we're looking to

810
01:53:29.000 --> 01:53:37.000
you know redevelopment. Thanks, Jason. appreciate that response.

811
01:53:37.000 --> 01:53:44.000
A question, I think, about the creek. was the Reverend Creek sediment contaminated?

812
01:53:44.000 --> 01:53:53.000
Yes, as part of, and and Scott could probably speak in more detail. but as part of the facility investigation work that the Epa did, they did extensive.

813
01:53:53.000 --> 01:54:00.000
Sampling sediment, sampling water quality sampling within the creek itself.

814
01:54:00.000 --> 01:54:05.000
Great. Well, Gene, I think that we've pretty much hit our time limit here.

815
01:54:05.000 --> 01:54:10.000
I want you to be able to get to your very important end of webinar messages.

816
01:54:10.000 --> 01:54:15.000
So I want to thank everyone for the questions that they've submitted into the chat.

817
01:54:15.000 --> 01:54:20.000
We have a record of all of them. So if we need to follow up with folks after the webinar, we will once again.

818
01:54:20.000 --> 01:54:32.000
Thank you so much for participating Alright thank you so very much, Josie, and, thanks to all of the presenters who shared their time and expertise today, i'm gonna walk through just a few final reminders.

819
01:54:32.000 --> 01:54:38.000
Before we formally close out today's live broadcast just as we do at the end of each of our sessions.

820
01:54:38.000 --> 01:54:44.000
I'd like to welcome those of you who joined us to visit us at the cleanup information network, or clue in Org.

821
01:54:44.000 --> 01:54:49.000
You'll see a variety of icons that will allow you to connect with us by signing up for our Rss.

822
01:54:49.000 --> 01:55:01.000
Feeds subscribing to our podcast we are available in itunes as well as our free monthly newsletter tech direct that I send out on the first of each month, and we tend to highlight sessions like today's webinar So if

823
01:55:01.000 --> 01:55:12.000
you're interested in learning more. I also encourage you to become a subscriber for tech direct. one of the other things that I'd like to point out is just to remind everybody that the seminar homepage for this event

824
01:55:12.000 --> 01:55:17.000
is currently available from today forward. So it's the url that's shown in red on the slide.

825
01:55:17.000 --> 01:55:23.000
For those of you who are looking for copies of the presentation material, or want to pull down some of the links or information about our speakers.

826
01:55:23.000 --> 01:55:31.000
All of that contact information materials, links those have already been posted, and will remain posted on the seminar homepage shown at the above.

827
01:55:31.000 --> 01:55:35.000
Url, and on that homepage you'll also find a link to our feedback form.

828
01:55:35.000 --> 01:55:39.000
One of the most common questions I get is If we're offering Ceos or Pdh's.

829
01:55:39.000 --> 01:55:43.000
Well, we don't issue those types of credit hours for our webinars.

830
01:55:43.000 --> 01:55:45.000
We can provide you with the participation certificate.

831
01:55:45.000 --> 01:55:57.000
If you fill out the feedback form. So if you would like one of those certificates, simply follow the link to the feedback form, make sure you click the box at the bottom, certifying you were here for the entire live delivery

832
01:55:57.000 --> 01:56:01.000
or replayed the whole archive and then when you submit your feedback form.

833
01:56:01.000 --> 01:56:05.000
You'll immediately have access to download or print out a copy of that participation certificate.

834
01:56:05.000 --> 01:56:13.000
If you happen to have multiple people joining at your location, all you need to do is get them the link to the seminar home page, so they can fill out the feedback form on their own, and they can get their own

835
01:56:13.000 --> 01:56:17.000
certificate, even though they may not have registered individually.

836
01:56:17.000 --> 01:56:25.000
And although you will have the option to download the certificate, and we also email a copy, I usually encourage people download it from the confirmation screen.

837
01:56:25.000 --> 01:56:35.000
Sometimes the email copy can get caught up in junk or spam filters, and for those of you who are replaying the recorded version of today's webinar, the link shown here on the slide.

838
01:56:35.000 --> 01:56:43.000
Is still active, so you can also fill out that feedback form based off of your replay of today's archive and get a certificate based off of your watch of the archive session.

839
01:56:43.000 --> 01:56:47.000
There should also be a helpful button to it, showing up in the archive right now, just above my head.

840
01:56:47.000 --> 01:56:54.000
Here in the upper right corner So with that i'll thank all of the participants who joined us for today's session, who shared questions and comments.

841
01:56:54.000 --> 01:57:04.000
I want to thank again all of our speakers and our amazing support stuff, including Josie Torres on from skio for helping make today's session happen, and with the we'll go ahead and forcefully conclude

842
01:57:04.000 --> 01:57:23.000
today's live broadcast. thank you so very much for joining us