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HomeMy WebLinkAboutHDC2023-022 Staff Report FullAugust 3, 2023 1 ITEM NO.: ONE FILE NO.: HDC2023-022 NAME: Demolition LOCATION: 913 McMath Ave OWNER/AUTHORIZED AGENT: Hut Little Rock LLC Bryan Smith 225 Bush St., Ste 1800 BMD Builders San Francisco, CA 94104-4211 119 E. Center Street, Beebe, AR 72012 Figure 1. 913 McMath, Little Rock, AR August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 2 AREA: 0.53 acres NUMBER OF LOTS : 1 WARD: 1 HISTORIC DISTRICT: MacArthur Park Historic District HISTORIC STATUS: Non-Contributing CURRENT ZONING: UU – Urban Use A. BACKGROUND Location The subject property is located at 913 McMath Avenue. The property’s legal description is “Lots 12, 13 and the South ½ of Lot 14, all of the South ½ of Lot 5, all of the Lot 6 and all of Lot 7 lying West of the U.S. Interstate Highway No. 30 Right of Way, all in Block 4, Masonic Addition to the City of Little Rock, Pulaski County, Arkansas.” Context The subject property is the site of a one-story commercial building with exterior walls of combination brick veneer and siding, built 1981. The structure is currently vacant and has solely been used as a Pizza Hut restaurant. In c. 1971, three historic residences were demolished following the rezoning of the property from two-family to commercial for the purpose of new commercial development. The structure is a Non- Contributing resource identified in the 2007 National Register survey form, PU2943. The building is oriented to face Interstate 30 and is frame construction on a continuous foundation. The structure has a rectangular plan with a hipped Figure 2. Location of 913 McMath within the MacArthur Park Historic District. August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 3 standing seam metal roof. The roof had a central built-up pyramid for a Pizza Hut sign which is no longer present. Windows are stationary in a trapezoidal shape, some being open corner windows. Several windows are horizontal and sliding, to service a drive-through. The rear of the building faces McMath and has a freezer addition attached. From construction, the building originally displayed a wood shake roof. In 1996, the property was updated to the iconic “red roof” design conceptualized by architect Richard D. Burke in the late 1960s. The pizza company’s red roof architecture is recognizable across the United States. According to the company’s blog, Pizza Hut opened in Wichita, Kansas by two college-aged brothers who borrowed $600 from their mom. By 1971, Pizza Hut Inc. became the No. 1 pizza restaurant chain in the world in both sales and number of restaurants. Recent/Previous Action In 1968, a zoning permit (Z-2181) was denied for the rezoning of three lots from two-family to commercial for the purpose of a service station. In 1978, a CUP (Z-3237) was issued to Dr. Lem Clement to allow for a restaurant of “nondrive-in nature”. In 1989, a COA (HDC1989-004) was issued to the National Pizza Co. to add a drive through window. Figure 4. Pizza Hut with wood shake roof, 913 McMath, looking southwest from I-30 Frontage Rd, 1996 Figure 3. Pizza Hut with metal roof, 913 McMath, looking northwest from I-30 Frontage Rd, 2018. August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 4 In 1996, a COA (HDC1996-006) was issued to Robert Cotton to replace the wood shake roof with red standing seam metal. No other actions were found. B. PROPOSAL/REQUEST/APPLICANT’S STATEMENT: The application requests for the permitted demolition of all structures on the property, these being: the primary structure and grease trap. The application notes that the asphalt parking lot will remain, and all vegetation will be removed. C. EXISTING CONDITIONS: See site photos (Attachment A) and application packet (Attachment B). Currently all window and door openings are boarded. Access to the property is restricted. D. NEIGHBORHOOD COMMENTS: At the time of distribution, there were no comments regarding this application. All owners of properties located within 200 feet of the site and all neighborhood associations registered with the City of Little Rock that surround the site were notified of the public hearing. E. ANALYSIS: The Design Guidelines provide five conditions in which a demolition may be granted by the Commission (page 55). Section VI. 2. 1-5. Demolition states: 1. “The public safety and welfare requires the removal of the building, as determined by the building or code inspector and concurring reports commissioned by and acceptable to the LRHDC from a structural engineer, architect, or other person expert in historic preservation. 2. Rehabilitation or relocation is impossible due to severe structural instability or irreparable deterioration of a building. 3. Extreme hardship has been demonstrated, proven, and accepted by the LRHDC. Economic hardship relates to the value and potential return of the property, not to the financial status of the property owner. August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 5 4. The building has lost its original architectural integrity and no longer contributes to the district. 5. No other reasonable alternative is feasible, including relocation of the building.” Staff finds the primary condition relating to this property in consideration of demolition is the lack of identified historic value. The property has previously been surveyed for historic and cultural significance and no significance has been determined by the National Park Service at this time. Built in 1981, the property is less than 50 years old and outside the period of significance of the MacArthur Park Historic District (1842-1960). The property is not independently listed in the National Register. Staff confirmed with the National Register team at the AHPP that there were no current initiatives at the state or federal level concerning Pizza Hut restaurants as a context or this specific structure. Staff is unaware of any local initiatives or designations concerning this structure’s historic and cultural value. Beyond a 2023 Limited Asbestos Inspection (Attachment B), no reports were submitted with the application concerning public safety. Relocation of the structure is not being considered by Staff as an alternative since it has been determined that the structure is non-contributing to the district and has no identified historic value. Concerning substantial hardship, no exact cost comparisons have been provided by the applicant and no documentation has been submitted identifying circumstances unique to the property under substantial hardship. The Guidelines also state that significant care should be taken when reviewing an application for demolition to consider the impact to the district. The Little Rock Historic Preservation Code states (Sec. 23-121.) that in consideration of a COA for a demolition, the Commission may defer the matter to consider the following alternatives: “(a) Sources of funding for preservation and restoration activities, if lack of such funds is the reason for the request to demolish. (b) Adaptive use changes, if there are conditions under which the required preservation of a historic landmark would cause undue hardship to the owner or owners, so long as such changes are in keeping with the spirit and intent of this division. (c) An attempt to find a purchaser for the property who would maintain the landmark in a suitable and acceptable manner within the limits of this division. August 3, 2023 ITEM NO.: ONE (Cont.) FILE NO.: HDC2023-022 6 (d) The feasibility of moving the structure to another appropriate location. (e) Any such other solution as may be deemed advisable and in keeping with the spirit and intent of this division.” Considering alternatives to demolition according to Sec. 23-121, the structure is not eligible for rehabilitation tax credits or restoration grants since the structure is not a contributing structure to the district and is not independently listed. An attempt to find a purchaser who would maintain the building, or to consider adaptive use changes, is unnecessary since the structure does not have landmark status and the current property owner is active in the property’s improvement. Concerning the MacArthur Park Historic District National Register status, the demolition of the structure at 913 McMath will not impact the district’s eligibility totals since it is a non-contributing structure that is not eligible in the district due to the year it was built. Staff finds the application is within the conditions for demolition. Any new construction on the property will require the issuance of a Certificate of Appropriateness. F. STAFF RECOMMENDATION: Staff recommends approval of the application with the following conditions: 1. Obtain required permits. 2. Properly prepare the structure for demolition. 3. Dismantle and remove the structures from the property avoiding damage to surrounding structures. 4. Remove all debris. August 3, 2023 7 Attachment A: Site Photos Figure 5. 913 McMath, looking northwest from I-30 Frontage Rd, April 2023. Figure 6. 913 McMath, looking southwest from I-30 Frontage Rd, April 2023. July 6, 2023 8 Figure 8. 913 McMath, looking southeast from McMath Ave, April 2023. Figure 7. 913 McMath, looking northeast from McMath Ave, April 2023. August 3, 2023 9 Attachment B: Application Packet 6/28/2023 Hannah Ratzlaff Historic District Commission Planning & Development RE: Demolition of the Property located at 913 McMath Ave, Little Rock All, BMD Builders has been approved as authorized agent for Hut Little Rock, LLC. to demolish the above referenced property. I have included the application for certification of appropriateness as well as BMD's letter of authorization. Also included are elevation photographs of referenced property, supporting documentation from ATOKA Inc, showing negative test results for Asbestos, BMD's filing fee and All property owners within a 200' radius. Thank you Bryan Smith Sr. Estimator 119 E. Center Street 501-232-0521 Bryan.BMDConstruction@gmail.com Beebe, Arkansas 72012 City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 371-4546 www.littlerock.gov APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Address of Property: 913 McMath Ave., Little Rock Arkansas 72202 Legal Description of Property: Please :e attachment A* STREETADDRESS: 913 Mc ath Ave L'ttle Rock rkansa572202 Owner/Agent (Printed Name): Hut Little Rock LLC. BMD Builders Owner /Agent Street, City, State, & Zip: 119 East Center Street Beebe Arkansas 72012 Owner/Agent Phone Number: 501-232-0521 Owner/Agent Email: Bryan. bmdconstructionOgmail.com Name of Applicant as it will appear on all correspondence and in Staff report: Bryan Smith Brief Project Description: Demo of existing Pizza Hut vacant building. BMD will remove all materials including the existing grease trap. Building will be removed down to soils, with parking lot asphalt being left in place. All vegetation will be removed as to reduce future u -keeo issues. Estimated Cost of Improvements: $30,000.00 Zoning Classification: Is the proRgWXL6hge armed use? 6 Yes ❑ No Signature of Owner or Agent: NOTE: Should there be changes during construction (design, materials, size, etc.) from the approved COA, applicant shall notify Commission staff and take appropriate actions. Approval by the Commission does not excuse applicant or property from compliance with other applicable codes, ordinances or policies of the city unless stated by the Commission or staff. Responsibility for identifying such codes, ordinances, or policies rests with the applicant, owner, or agent. Application Date: DO NOT FILL IN - FOR STAFF USE ONLY HDC File # HISTORIC DISTRICT COMMISSION DOCKETED at 4:00 p.m. LITTLE ROCK HISTORIC DISTRICT COMMISSION ACTION: _ DENIED _ WITHDRAWN _ APPROVED _ APPROVED WITH CONDITIONS _ SEE ATTACHED CONDITIONS DOCUMENTING OFFICIAL SIGNATURE: DATE: Historic District.docx Page 4 of 6 revised 5/18/2023 City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock. Arkansas 72201-1334 Phone: (501) 37t-4790 Fax (501) 371-4546 www.littlerock.gov CERTIFICATE OF APPROPRIATENESS AUTHORIZATION OF REPRESENTATION AFFIDAVIT do hereby authorize I, Hut Little Rods LLC Property owner (print) 8 an Smith BMD Buliders LLC to represent me and my interests in an Agent/representative name and business (print) Application for a Certificate of Appropriateness on the following property described below. I have reviewed the proposed application and I have indicated so by initialing a copy of the submittals that are attached. Street Address: 913 M M h Ave., Little Rock Arkansas 72ZUL 6/28/2023 Title Holder's Signature Date Agent's Signature Date Subscribed and sworn to me, a Notary Public on this ` fU day of u e, ?023 Notary Public My Commission Expires: OZ h&4 Page 6 of 6 revised 5/18/2023 Historic District.docx Page 6 of 6 revised 5/18/2023 1AU F ' IJ T-ws`; AMERICAN GRO t1 P LE MR OF AUTHORIZATION May 4,1023. Ta tNham I#.May Concern: Hut Little Rock LLC {Owner) gives permission to BMD Construction (Authorized Agent) to appiY far any Planning, Building, Access, Grading Permits cr any other required permit, on its t>ehalf, for the dem ition of the building/property located at (address or parcel number) below: Building Address: 913 McMath Ave.;- Little Rock.: AR 1-2202 LEGAL DESCRIPTION: The Land referred to tierein anode is situated in the County of f'ulask'r, State of Arkansas, and is described as follows: LOTS 12. 13 AND THE SOUTH 112 OF -LOT 14, ALL OF THE SOUTH 112 OF LOT 5, ALL OF LOT 6 AND ALL OF t OT 7 LYING WEST OF THE U. S. lHLTERSI'ATE HIGHWAY NO. 30 RIGHT OF 1 +1iAY; AND ALL OF THAT PART OF THE CLOSED- ALLEY LYING BETWEEN SAID LOTS, ALL IN BLOCK 4, h4ASONlG ADDITION TO THE CITY OF LITTLE ROCK, PULASKI COUNTY, ARKANSAS AS REFLECTED IN ORDINANCE NO. 13,166 RECORDED IN BOOK 1393 AT PAGE 566 property Owner's Ir>formatlon: Name: Hut Little. Rock LLC Address: 6200 Oak Tree Blvd., Sutte 260, Independenee, OH-44131 Telephone. 216-255-2775 Email: frgrealestate@f iIaLc .-mm Sincerely,. Patrick J. Eulberg Vice President — Real Estate FWAn*d9 a &W LLC 62 W 4akTm-c, SWC Suft 2W hWqwndewr, CH -44U1 IX&zS AM Historic District.docx Page 5 of 6 revised 5/18/2023 Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 371-4546 www.littlerock.gov City of Little Rock NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK HISTORIC DISTRICT COMMISSION ON AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS To all owners of land lying within 200 feet of the boundary of property at: LEGAL DESCRIPTION: ________________________________________________________________________ STREET ADDRESS: ___________________________________________________________________________ OWNED BY: NOTICE IS HEREBY GIVEN THAT an application for a Certificate of Appropriateness on the above described property has been filed with the Department of Planning and Development requesting the following changes: __________________________________________________________________________________________ __________________________________________________________________________________________ A Public Hearing on said application will be held by the Historic District Commission at _______________________________________________________________________________(location) on (date)_____________________________________________at 4:00 p.m. ALL PARTIES IN INTEREST MAY APPEAR and be heard at said time and place or may notify the Little Rock Historic District Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development to review the application with Commission Staff. The City of Little Rock complies with all civil rights provisions of federal laws and related authorities that prohibit discr imination in programs and activities receiving federal financial assistance. The City of Little Rock does not discriminate on the basis of race, color, creed, religion, sex, national origin, age, disability, income status, marital status, sexual orientation, gender identity, g enetic information, political opinions or affiliation, in admission or access to and treatment in the City’s programs and activities, as well as the city’s hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the City's nondiscrimination policies may be directed to: Title VI Coord inator, 500 West Markham Street, Little Rock, AR 72201, 501- 371-4475. This notice is available from the Title VI Coordinator in large print or recording. Free language assistance for those with Limited English Proficiency is available upon request. La ciudad de Little Rock cumple con todas las disposiciones de derechos civiles de los estatutos federales y autoridades rela cionadas que prohíben la discriminación en programas y actividades que reciben asistencia financiera federal. La ciudad de Little Rock no discrimina por motivos de raza, color, credo, religión, sexo, origen nacional, edad, discapacidad, estado de ingresos, estado civil, orientación sexual, identidad de género, información genética, las opiniones políticas o afiliación, en l a admisión o acceso y tratamiento en los programas y actividades de la ciudad, así como de contratación de empleados de la ciudad. Las quejas de supuesta discriminación y consultas sobre la politica antidiscriminatoria de la ciudad pueden ser dirigidas a C oordinador del Titulo VI, 500 West Markham Street, Little Rock, AR 72201, 501-371-4475. AFFIDAVIT I hereby certify that I have notified all the property owners as reflected on the abstract company list and all those that are not reflected on that list that I have knowledge of within 200 feet of the above-described property, that subject property is being considered for a Certificate of Appropriateness and that a Public Hearing will be held before the Little Rock Historic District Commission at the time and place described. _________________________________________________________________ ___________________________ Applicant (Owner or Authorized Agent): Date Please see attachment A 913 McMath Ave. Little Rock Arkansas 72202 Hut Little Rock LLC Demolish the vacant Pizza Hut property to ground level. The asphalt parking will be left in place. The existing __________________________________________________________________________________________ grease trap will be removed and backfilled with gravel for safety. the Willie Hinton Neighborhood Resource Center, 3805 W. 12th Street, Little Rock Arkansas August 3rd, 2023 6/30/2023BMD BUILDERS, LLC. HUT AMERICAN GROUP LETTER. OF AUTHORIZATION May 4, 023. To Whom It -May Concern: Hut.Little Rock LLC (Owner) gives permission to BMD Construction (Authorized.Agent) to apply for any Planning, Building. Access; Grading permits or any other required permit, on its Behalf, far the derrtalitiQn of the building/property located at. (address or parcel number) below: euiiding Address: 913 McMath Ave.; Little Rock,: AR 12202 LEGAL DESCRIPTION: The Land referred. to herein above is situated in the County of Pulaski, State .o€Arkansas, and is described as follows_ LOTS 12, 13 AND THE SOUTH 112.OF.LOT 14, ALL OF THE SOUTH 112 OF LOT 5, ALL OF LOT 6 AND ALL OF LOT 7 LYING WEST OF THE U. S. INTERSTATE HIGHWAY NO. 30 RIGHT OF WAY, AND ALL OF THAT PART OF THE CLOSED, ALLEY LYING BETWEEN SAID LOTS, ALL IN BLOCK 4, MASONIC ADDITION TO THE CITY OF LITTLE ROCK, P.ULASKI COUNTY, ARKANSAS AS REFLECTED IN ORDINANCE NO, 13,166 RECORDED IN BOOK 1393 AT PAGE 565 Property Owner's Information: Name; Hut Little Rock LLC Address: 6200 Oak Tree Blvd., Suite 250, Independence, OH 4413.1 Telephone: 216-255-2775 Email: frarealestat Cwff- orn Sincerely,. Patrick J. Eulberg Vice President — Real Estate Hut American Group LLC 6200 Oak Tree Blvd., Suite 250 Independence, OH 441.311.216.255.2775. Pre-Renovation/Pre-Demolition United States EPA NESHAP Limited Asbestos Inspection Of Old Pizza Hut Building 913 McMath Ave Little Rock, AR 72202 Prepared for BMD Builders LLC 119 East Center Street Beebe, AR 72012 ATOKA, Inc. - Project Reference Number 23-312 Inspection Date: May 4, 2023 Report Date: May 11, 2023 Asbestos Survey — Old Pizza Hut Bld., 913 McMath Ave, Little Rock, AR 72202 ATOKA, Inc. Project# 23-312, 1701 I-30 Suite 119, Little Rock, AR - Ph 501-455-1700 - Fax 501-455-1864 Table of Contents Heading Page Summary............................................................................................................... 3 Purpose of Survey.................................................................................................. 3 Sampling & Analysis............................................................................................... 3 Report Findings.....................................................................................................4 Recommendations.................... ................................................................4 Limitations............................................................................................................. 4 Appendix A - Laboratory Reports......................................................................... 6 Appendix B - Qualifications.................................................................................. 7 Asbestos Survey — Old Pizza Hut Bld., 913 McMath Ave, Little Rock, AR 72202 ATOKA, Inc. Project# 23-312, 1701 1-30 Suite 119, Little Rock, AR - Ph 501-455-1700 - Fax 501-455-1864 ASBESTOS SURVEY REPORT Limited Inspection Old Pizza Hut Building 913 McMath Ave Little Rock, AR 72202 SUMMARY ATOKA, Inc.'s approach to this assessment was to visually inspect the building prior to any renovation/demolition and to identify Suspect Asbestos Containing Materials (SACM) that might be disturbed during renovation/demolition and collect bulk samples of those suspect materials to determine if those materials contain more than 1% asbestos. Materials that were sampled included ceramic tile thin -set and grout, wallboard systems walls, and wallboard system ceilings. This assessment found no Asbestos Containing Materials (ACM) detected in any of the suspect materials sampled. An ACM is a material that contains greater than 1% asbestos by weight or volume as determined via Polarized Light Microscopy (PLM) methods. PURPOSE OF SURVEY ATOKA, Inc. was retained by BMD Builders LLC to inspect the building for the presence of asbestos containing materials prior to any renovation/demolition. ATOKA, Inc. visited the building on May 4, 2023, for the purpose of inspecting, sampling and quantifying ACM. ATOKA, Inc. inspected the building to identify suspect asbestos containing material (SACM), which is classified into two categories. Those materials which can be reduced to powder or crumbled under light hand pressure are referred to as "friable" ACM (e.g., ceiling textures and ceiling tiles, thermal system insulation, etc.). Those materials that cannot be easily crumbled are referred to as "non -friable" ACM (e.g., resilient flooring, roofing, mastics, etc.). The inspection was conducted by Vick Loomis of ATOKA, Inc. Mr. Loomis is an Environmental Protection Agency (EPA) accredited and licensed Arkansas Asbestos Inspector's (License # 008695) who has been trained to survey, sample, and assess the conditions of SACM. ATOKA, Inc. is an ADEQ licensed Asbestos Consultant in good standing (License #000242). SAMPLING AND ANALYSIS ATOKA, Inc. conducted an asbestos assessment in general accordance with EPA NESHAP protocol requiring that a sufficient number of bulk samples be collected that represent each homogeneous SACM. ATOKA, Inc. identified suspect asbestos containing materials (SACM) and characterized these Asbestos Survey — Old Pizza Hut 131d., 913 McMath Ave, Little Rock, AR, 72202 ATOKA, Inc Project # 23-312, 1701 1-30 Suite 119, Little Rock, AR - Ph 501-455-1700 - Fax 501-455-1864 materials into distinct homogeneous areas during the site visit inspection. During the course of the inspection this information was then used to establish a sampling plan. The samples of SACM collected from the building were obtained by physically removing a small portion (approximately one square inch) of the material using a sharp instrument. All layers of the material samples were penetrated and registered as separate samples. Disturbance of adjacent material was kept to a minimum during the sampling program. Each sample was placed into a separate labeled container, which was then sealed. The sampling instrument was cleaned to remove materials that could cross -contaminate the next sample. Each sample was labeled with the sample number and location and logged onto the floor plan. All samples collected during the site investigation are listed in Appendix A. Three (3) SACM's were identified of which six (6) samples were collected and analyzed for asbestos using the EPA "Interim Method for Determination of Asbestos in Bulk Insulation Samples" [40 CFR Part 763, Appendix E, Subpart E, improved (EPA-600/R-93/116)], by Crisp Laboratory, a NVLAP Polarized Light Microscopy (PLM) accredited laboratory. The ACM as determined by PLM examination are those materials which contain greater than 1% asbestos by weight or volume. REPORT OF FINDINGS There was no asbestos detected in any of the samples collected. The laboratory report for bulk sample PLM analysis is found in Appendix ' A" of this document. RECOMMENDATIONS ATOKA, Inc., recommends that this report and all records should be kept by the building owner as long as the building is in existence. All information concerning this property should be forwarded to all future property owners and made available to outside contractors that may disturb the materials identified to contain asbestos. ATOKA, Inc. recommends that prior to any demolition of a building, the mandatory ten (10) day Notice of Intent (NOI) be filed with the Arkansas Department of Environmental Quality (ADEQ) as required by EPA NESHAP regulations and Arkansas Asbestos Abatement Regulation # 21 effective 1997. LIMITATIONS This report was prepared for the exclusive use of BMD Builders LLC. and/or their assignees to aid in the identification and management of ACM located at 913 McMath Ave., Little Rock, AR. Rc repared y Vick Lootn' -, Asbestos Inspector ATOKA, Inc. Asbestos Survey — Old Pizza Hut Bid., 913 McMath Ave, Little Rock, AR. 72202 ATOKA, Inc Project # 23-312, 1701 1-30 Suite 119, Little Rock, AR- Ph 501-455-1700 - Fax 501-455-1864 APPENDIX "A" LABORATORY REPORTS Asbestos Survey — Old Pizza Hut Bid., 913 McMath Ave, Lift Rods, AR. 72202 ATOKA, Inc. Project # 23-312, 1701 1-30 Suite 119, Little Rock, AR - Ph 501-455-1700 - Fax 501-455-1864 Chi Labs Dedicated to Quality Atoka, Inc 554 Mid America Blvd. Hot Springs, AR 71913 Crisp Analytical, L.L.C. 1929 Old Denton Road Carrollton, TX 75006 Phone 972-242-2754 Fax 972-242-2798 CA Labs, L.L.C. 12232 Industriplex, Suite 32 Baton Rouge, IA 70809 Phone 225-751-502 Fax 225-751-5634 Materials Characterization - Bulk Asbestos Analysis Laboratory Analysis Report - Polarized Light Ann: Cliff McBride Customer Project: 23-312 BMD Builders LLC Old Pizza Hut Reference #: CAL23053742AL Date: 05/09/23 Analysis and Method Summary of polarized light microscopy (PLM / Stereomicroscopy bulk asbestos analysis) using the methods described in 40CFR Part 763 Appendix E to Subpart E (Interim and EPA 600 ! R-93 / 116 (Improved). The sample is first viewed with the aid of a stereomicroscope. Numerous liquid slide preparations are created for analysis under the polarized microscope where identifications and quantifications are preformed. Calibrated liquid refractive oils are used as liquid mouting medium. These oils are used for Identification (dispersion staining). A calibrated visual estimation is reported, should any asbestlfonn mineral be present. Other techniques such as acid washing are used in conjugation with refractive oils for detection of smaller quantities of asbestos. All asbestos percentages are based on calibrated visual estimation traceable to NIST standards for regulated asbestos. Traceability to measurement and calibration Is achieved by using known amounts and types of asbestos from standards where analyst and laboratory accuracy are measured. As little as 0.001% asbestos can be detected In favorable samples, while detection In unfavorable samples may approach the detection limit of 0.50% (well above the laboratory definition of trace). Disci.Ls oiit Vermiculite containing samples may contain trace amounts of actinollteAremolite. When not deleted by PLM, these samples should be analyzed using TEM methods and I or water separation techniques. Suspected actinolite/vermicullte presence will be Indicated through the sample comment section of this report. Fibrous talc containing samples may contain a regulated asbestos fiber known as anthophyllits. Under certain conditions the same fiber may actually contain both talc and anthophyllite (a phenomenon called Intergrowth). Again, TEM detection methods are recommended. CA Labs PLM report comments will denote suspected amounts of asbestiform anthophyllite with talc, where further analysis is recommended. Some samples (floor tiles, surfacings, etc.) may contain fibers too small to be detectable by PLM analysis and should be analyzed by TEM bulk protocols. A 'trace asbestos' will be reported 9 the analyst observes far less than 1 % asbestos. CA Labs dines "trace asbestos" as a few fibers detected by the analyst In several preparations and will indicate as such under these circumstances. Since allowable variation In quantification of samples close to 1% Is high, <1% maybe reported. Such results are Ideal for point counting, and the technique Is mandatory for friable samples (NESHAP, Nov. 1990 and clarification letter 8 May 1991) under 1% percent asbestos or "trace asbestos". In order to make all InittaI PLM reports Issued from CA Labs NESHAP compliant, all <1% asbestos results (except floor tiles) will be point counted at no addltlonal charge. Qualifications CA Labs is accredited by the National Voluntary Accreditation Program (NVLAP) for selected test methods for airborne fiber analysis (TEM), and for bulk asbestos fiber analysis (PLM). CA Labs Is also accredited by AIHA LAP, LLC. in the PLM asbestos field of testing for Industrial Hygiene. All analysts have completed college courses or hold a degree in a natural science (geology, biology, or environmental science). Recognition by a state professional board in one these disciplines is preferred, but not required. Extensive in-house training programs are used to augment the educational background of the analyst. The Laboratory Director and Quality Manager have received supplemental McCrone Research training for asbestos identification. Analysis performed at Crisp Analytical Labs, LLC 1929 Old Denton Road Carrollton, TX 75006 Dallas NVLAP Lab Code 200349-0 TEM/PLM TCEQ# T104704513-15-3 TDH 30-0235 AIHA LAP, LLC Laboratory #102929 CA Labs Crisp Analytical, L.L.C. 1929 Old Denton Road IDedloaw to Quality Carrollton, TX 75006 Phone 972-242-2754 Fax 972-242-2798 CA Labs, L.L.C. 12M IndusMplex, Suite 32 Baton Rouge, LA 70809 Phone 226-751-5632 Fax 225-751-5634 Polarized Light Asbestiform Materials Characterization Customer Info: Attn: Cliff McBride Customer Project: CA Labs Project #: Atoka, Inc 23-312 BMD Builders LLC Old CAL23053742RL 554 Mid America Blvd. Pizza Hut Hot Springs, AR 71913 Turnaround Time: ode: 5/9/2023 3 Days ssmpies Reed: 5/5/23 10:30am Phone # Fax # Laboratory Sample # Sample ID 42355 312-1 42355 501-455-1700 Date of smnplhq: 5/4/2023 Purohsss Order aT: Com Layer Analysts Physical Description of Homo- Asbestos type / Non -asbestos Non- ment # Subsample geneo calibrated visual fiber type / fibrous us estimate percent percent type / (Y/N) percent Carnmlc thin set and grout/ 1-1 gray grouting Y None Detected 100% au,ca 1-2 aray mortar None Drbcted 100% Ce wnk thin set and grout/ 42356 312-2 2-1 gfkv grouting Y None Detected 100%qu,ca 42356 2-2 arav mortar None Detected 100% qu.ca Wallboard system walls/ brown surfaced white 100% 42357 312-3 3-1 compound n None Defected qu.bi.ca 42357 3-2 white drywall with brown paper n None Detected 200%ce 80% au.gy Wallboard system wallsl brown surfaced white 1000/0 42358 312-4 4-1 compound n None Detected ou.bi,ca DaOW NVLAP Lab Code 200349-0 TEACKM TCEQ# T104704513-15-3 TDH 30-0235 ANHA LAP, LLC Laboratory #102929 Analysis Method: Interim (40CFR Part 763 Appeack E to SubW E) / Improved (EPA-M / R-93n 16). At ssrrplss recshud In good cmxNbbn unbar now. Preparation Method: HCL add washing for carbonate based samples, cheMral redudlon for orgsnk ally bound conponsMe. oil benerelon for IderdlOwfion of asbestos ON by dispersbn attaining / bKm the method. ca - carbonate rnl • new tg - fiberglass ce - cellulose Illy - gypmm ve - vemdadtte mw - mineral wool br - bridle bi - binder at - other wo - wovaeWnlle ke - kadln (day) or - orgaft pe - peri e to - bk pa - palygarvWe (day) Approved Signatories: ms - Irteft qu - quartz sy - synthetic Jose Matute Analyst 1 FM Damage 6Wilkwd Mw dwmp - rapoawW W percwArpw nOW wkwI Ve t Flre Damage no sivmr9A fiber damagaa eascbV razor pwowft e 3 A[aMrw ,n eeeadwlon rwbr Va IQ*fe 4 UM nd wwynd - attadwd to pnvlorw poddve Iryar mid mrUmbuSm is a mpmW r. W wwuo aemos to arWy= r l Technical Manager Senior Analyst Tanner Rasmussen Jullo Robles 6 Arrltoplgale m erooallon ,e h FAsaw Tde 7 CanterniWlm auepedW ban~bAkWg maWn& 9. Favorable sawwrlo far aOw sepwagm m vwmlaiM Ia pia w% d by wrallrrr e < 1% PA" pdd castled pdero 10, TEIA wwlyeb aeeeew CA Labs Crisp Analytical, L.L.C. 1929 Old Denton Road Dedleated to Quality Carrollton, TX 75006 Phone 972-242-2754 Fax 972-242-2796 CA Labs, L.L.C. 12232 Industdplex, Suite 32 Baton Rouge, LA 70609 Phone 225-751-5632 Fax 225-751-5634 Polarized Light Asbestiiform Materials Characterization Customer Info: Attn: Cliff McBride Customer Project: CA Labs Project #: Atoka, Inc 23-312 BMD Builders LLC Old CAL23053742RL 554 Mid America Blvd. Pizza Hut Hot Springs, AR 71913 Turnaround Time: oste. 5/9/2023 3 Days samples Reed: 5/5/23 10:30am Phone # 501-455-1700 Date Of ssmp ft: 5/4/2023 Fax # Pumtvam' orders: Laboratory Sample # Cam Layer Analysts Physical Desclfplion of Homo- Asbestos type / Non -asbestos Non - Sample ID ment # Subsample geneo calibrated visual fiber type / fibrous us estimate percent percent type / (Y/N) percent 42358 4-2 white drywall with brown paper n None Detected 2(rce 80% qu.0y Wallboard system calling/ off- white surfaced off-white 100% 42359 312-5 5-1 compound n None Detected qu,bl,ca 42359 5 2 white drywall with brown paper n None Detected 20% ce Bo% qu, y Wallboard system telling/ off- 100°io 42360 312-6 6-1 white surfaced white compound n None Detected qu,bi,ca 42360 s 2 white compound (beneath tape) y None Detected 100% qu,ca 42360 6-3 white drywall with brown paper n Nona Detected 20% ce 80% qu.gy Dallas NVLAP Lab Code 200349-0 TEM/PLM TCEQ# T104704613-15-3 TDH 30-OMS ANA LAP, LLC Laboratory #102ti29 Analysis Method: Interim 140CFR Part M Appendix E to Subpart E) / Improved (EPA -GOO/ R-93/110). Ap samples recehmd /n good condlNoe unties noW. Preparation Method: HCL add washing for,, . i ale bawd sarrove, ci mrical redudon for organically bound componenle, oil Immersion for identificallon of srbeelos lypw by dispersion atWring / bathe line method. ca - carbonate ml - mice f9 - fiberglass ce - cellulose gy - gypsum ve - Vermiculite mw - mineral Wool br - brucite bl - binder of - other via - wollasionite ka - kaolin (day) or - organic pe - pedile to - lelc Pa - PeN9ar*ft (may) Approved Signatories: me - matrix qu - quartz sy - syrlthetio Jose Matute Analyst 1 Fm Denage eigdli wed nbar denage - rapand pwmnloaae %died urMamd lr r 2 Me Dernep m YeribmA Mbar demagaf dreclirrp fdamae pacwerapw 3 Adma:ale rn aso-:y:xr MR VorrrlGfuo 4 layer not w0yaed - WAdrd to Prwlae Poreve layer end WntImlrWlon Is anpadad 5 Not enagh WM& to WW yae l0- --r. ! - Technical Manager Senior Analyst Tanner Rasmussen Julio Robles 8 Amnap ole in amouanlarr with Fmra.re Tam 7 Cademinsiot eaepeded Imm wiles brardrq meledale 8 Favorable e0errd0 lor eeler eepvatlon as vealnmtilte la POUM MWIY" br WOW a < 1% Rmd prim canted posh" 10 TEM enalyela euaaeeld APPENDIX "B" QUALIFICATIONS Asbestos Survey — Old Pizza Hut Bld., 913 McMath Ave, Little Rock, AR. 72202 ATOKA, Inc. Project # 23-312, 1701 I-30 Suite 119, Little Rock, AR - Ph 501-455-1700 - Fax 501-455-1864