20088_Ark-Les Laboratories Public Comment_20180424

From:Case, Charles D.
To:Nicholson, Bruce
Cc:Schmithorst, William L; Osborne, Jay L; Wahl, Tracy; Short, Amanda Kitchen
Subject:RE: [External] Ark-Les Laboratories, Brownfields Project # 20088-16-092
Date:Tuesday, April 24, 2018 3:42:37 PM
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Bruce,
Thank you for your email and your consideration. However, I wanted to let you know that St.David’s School does not anticipate submitting any further written comments regarding this
matter.
Best regards,
CharlesT: [phone] | M: [phone]
From: Nicholson, Bruce [mailto:[e-mail]]
Sent: Monday, April 23, 2018 2:29 PM
To: Case, Charles D. <[e-mail]>
Cc: Schmithorst, William L <[e-mail]>; Short, Amanda Kitchen
<[e-mail]>; Osborne, Jay L <[e-mail]>; Wahl, Tracy
<[e-mail]>
Subject: Re: [External] Ark-Les Laboratories, Brownfields Project # 20088-16-092

Charles,
Thank you for your email. I will be consulting with our counsel, Jay Osborne (copied on this
email), regarding your request. As you probably know, the public comment period for this
project has run its course. However, I can tell you that information specifically related to any
site is always welcome. Whether such a submittal that comes in after 30 days of public
comment meets the criteria to be treated as an official public comment under the statue is a
question I will be discussing with Jay. After consulting with Jay, either he or I will let you
know. I hope to find him available for that discussion as soon as possible.

Also relevant here is whether there is a remediating party, a responsible party, or a potentially
responsible party at this or other properties where the source is located. I have asked Bill
Schmithorst to find out more information about that from IHSB.

Thank you,
Bruce

Bruce Nicholson
Brownfields Program Manager
NC Division of Waste Management
919-707-8330/8383

From: Case, Charles D. <[e-mail]>
Sent: Monday, April 23, 2018 11:24 AM
To: Nicholson, Bruce
Cc: Schmithorst, William L; Short, Amanda Kitchen
Subject: [External] Ark-Les Laboratories, Brownfields Project # 20088-16-092

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Bruce, We represent St. David’s School, which owns the property at 3420 Yonkers Road. TheSchool received a Summary of Notice of Intent to Redevelop a Brownfield Property, datedMarch 20, 2018 (“Notice”), regarding the Ark-Les property (“Property”). We are scheduled to meet with School tomorrow. We have concerns that contamination fromthe Property could be affecting our client’s property. As I discussed with Mr. Schmithorst thismorning, we would request some additional time to discuss the Notice with the School andpotentially provide comments on the proposed agreement. Thank you in advance.
Charles D. Case
Partner
McGuireWoods LLP
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601
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