January 31, 2021
Dear Mayor Hemminger and Members of the Town Council,
The Southern Environmental Law Center and Friends of Bolin Creek are concerned that the town is proceeding with a plan to build housing on top of the coal ash site at the Police Station property without considering updated risk information that you requested and were told in October would be provided to you.
As a reminder, at the October 13, 2021 council meeting, Council members and Mayor Hemminger requested more information to update the risk assessment prepared by the town’s environmental consultant before considering possible uses for the property. The additional information requested included risk calculations using 10^-5 (the level used for the initial risk assessment on the greenway) and 10^-6 cancer risk factors, as well as the inclusion of background levels of metals in the risk calculations since families living there would risk exposure to all pollutants present on the site. In response, Laura Selmer stated that staff would work with the town’s consultant to address the concerns that were raised in the meeting.
After that meeting, we were told by John Richardson via email on Oct. 25 that the additional risk analysis was being done, and consideration of a draft memorandum of understanding with the proposed developer, originally scheduled for Oct. 27, was taken off the agenda. It appeared that the town was following through on your request to perform the additional risk analysis before proceeding.
However, to date we have not seen any information on the status of the additional risk analysis, despite raising this issue in last Wednesday’s Council meeting and requesting an update from Mr. Richardson on Thursday morning. Meanwhile, the brownfields redevelopment proposal is now moving forward with a draft memorandum of understanding and a plan that, as you were told at last week’s meeting, relies on residential development. We urge you to get the additional risk information you requested and evaluate it before taking steps towards selecting uses for the site.
This is especially important because we are not aware of any residential brownfields project constructed on top of a coal ash site. If the proposed developer or the town’s consultant can provide examples of successful residential redevelopment projects constructed on coal ash sites, we would be interested to see that information. We do know that coal ash fills that were authorized by NC DEQ in residential areas of Mooresville have been a major source of public concern among residents there. In addition, constructing affordable housing units on this coal ash site, as has been discussed, could present environmental justice concerns.
You and the public must have the opportunity to evaluate the additional information you requested from the risk analysts you hired. Without the requested information, we believe it is premature for you to consider an MOU advancing a plan that would allow housing on a coal ash site.
Sincerely,
Nick Torrey, SELC
Julie McClintock, Friends of Bolin Creek
Nicholas S. Torrey
Southern Environmental Law Center
601 West Rosemary Street, Suite 220
Chapel Hill, NC 27516
(919) 967-1450