17056_2007MAY_Brownfields-LetterOfElgibility_DRAFT

North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretary

1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] \ FAX [phone] \ Internet http://wastenotnc.org
An Equal Opportunity / Affirmative Action Employer – Printed on Dual Purpose Recycled Paper
May 16, 2007

Sent Via E-mail and USPS

Harold Bogatz, Esquire
General Counsel and corporate Secretary
International Process Plants and Equipment Corp.
Hamilton Business Center
17A Marlen Drive
Hamilton, NJ 08691
[e-mail]

Subject: Letter of Eligibility
Former Yorkshire Americas Plant
1602 North Main Street
Lowell, Gaston County
Brownfields Project Number 10030-06-36

Dear Mr. Bogatz:

The North Carolina Department of Environment and Natural Resources (DENR) has received and
reviewed your June 8, 2006 Letter of Intent (LOI) submitted on behalf of Kings Mountain Venture #1, LLC as a
Prospective Developer (PD) seeking a brownfields agreement regarding the subject site. Upon review of the
letter with respect to the requirements of the Brownfields Property Reuse Act of 1997, DENR has determined
that this project is eligible for entry into the North Carolina Brownfields Program and for continued evaluation
for a brownfields agreement.

The next step in the process will involve a detailed review of available environmental and other relevant
data to determine what is currently known about contamination at the site, and what, if any, information gaps
may exist that may require additional assessment. We are in receipt of the following documents submitted with
your LOI:

Draft Phase I Environmental Due
Diligence Investigation & Liability
Cost Estimate of the Former Yorkshire
Americas Facility
Prepared by ENSR Corporation February 2006

Historical site information from the files of DENR’s Division of Waste Management will also be
utilized during the evaluation process. Please forward any additional information or data you may have or can
Mr. Bogatz
May 16, 2007
Page 2 of 2

acquire for our evaluation. This should include reports from other DENR agencies or regional offices. We will
contact you regarding any additional assessment that may be necessary to establish that the property is or can be
made safe for the intended reuse, as required by statute.

According to the LOI, the intended redevelopment for the site is residential, commercial and office use.
Because risk management decisions may vary depending on the nature of the redevelopment, it will be
important that DENR review the locations of the various elements. Please forward any maps or drawings
indicating these details, even if they are only preliminary or conceptual.

I am excited about the potential for public benefit offered by the safe reuse of the former Yorkshire
Americas Plant site, and I look forward to working with you to advance this brownfields redevelopment project.
If you have questions about this correspondence or require additional information, please feel free to contact me
by phone at [phone], or by e-mail at [e-mail].

Sincerely,

Sandra Moore
Brownfields Project Manager
Division of Waste Management

cc: Project File

ec: Rob Gelblum, DOJ
Bruce Nicholson, DENR
David A. Franchina, Esquire
[e-mail]