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HomeMy WebLinkAbout19059_Stork Rotary_Revised LOE_20201120ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director Sent Via USPS and email Graham Andres No Bull Properties, LLC 326 Tryon Road Raleigh, NC 27603 ang dres(a tepgroup.net NORTH CAROLINA Environmental Quality November 20, 2020 Subject: Amended Letter of Eligibility Stork Rotary Drive 3201 Rotary Drive Charlotte, Mecklenburg County Brownfields Project Number: 19059-15-60 Dear Mr. Andres: The North Carolina Department of Environmental Quality (DEQ) has received and reviewed your revised October 13, 2020 Brownfields Property Application (BPA) submitted by No Bull Properties, LLC as a Prospective Developer seeking a Brownfields Agreement regarding the Brownfields Property. The revised documents indicate that the applying Prospective Developer entity for the subject property is No Bull Properties, LLC, whereas the subject property was previously entered into the Brownfields Program under the Ready -for -Reuse track by the property owner, SPG Prints America, Inc. Upon review of the BPA with respect to the requirements of the Brownfields Property Reuse Act of 1997, DEQ has determined that this project is eligible for entry into the North Carolina Brownfields Program (NCBP) and for continued evaluation for a Brownfields Agreement (BFA). The next step in the BFA process will involve a detailed review of available environmental and other relevant data to determine what is currently known about contamination at the Brownfields Property, and what, if any, information gaps may exist that may require additional assessment. We are in receipt of the following documents submitted with your BPA: Report Prepared By Date Supplemental Sub -Slab Vapor Sampling Event GeoScience Group October 8, 2020 Letter Report of Environmental Sampling Tower Engineering Professionals September 17, 2020 Environmental Due Diligence CAT Alliance Ltd March 5, 2014 Limited Environmental Sampling Event GeoScience Group February 3, 2014 Phase I Environmental Site Assessment GeoScience Group June 5, 2013 Phase 11 Subsurface Investigations Vertex Environmental Services November 29, 2006 NORT�CARQ�UNA Depprbnem of Emimpmepml Dwifty North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Stork Rotary Drive November 20, 2020 Page 2 If available, historical Brownfields Property information from the files of DEQ'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 acquire for our evaluation. This should include reports from other DEQ agencies or regional offices. We will contact you regarding any additional assessment that may be necessary to establish that the Brownfields Property is or can be made suitable for the intended reuse, as required by statute According to the BPA, the intended redevelopment for the Brownfields Property is for office space and an additional storage yard for construction equipment. Because risk management decisions may vary depending on the nature of the redevelopment, it will be important that DEQ review the locations of the various elements. Please forward any maps or drawings indicating these details, even if they are only preliminary or conceptual. Please note: The site uses in the application have not yet been determined to be suitable. That determination will be made with further analysis of site specific data. Pending execution of a final BFA, NCBP eligibility is provisional. The protections a BFA offers the Prospective Developer are not in effect, unless and until, the BFA is executed. If you occupy the Brownfields Property or operate or conduct activities at the Brownfields Property that result in a release of regulated substances before a BFA has been finalized for the Brownfields Property, you may be considered to have caused or contributed to contamination at the Brownfields Property. Because an entity that could be considered to have caused or contributed to contamination at the Brownfields Property cannot be a Prospective Developer under the Act, your eligibility for participation in the NCBP would be placed in jeopardy. Consult closely with your Project Manager regarding any planned site activities prior to agreement finalization. You are cautioned to conduct all such operations and activities at the Brownfields Property with great care not to cause a release of regulated substances at the Brownfields Property that could jeopardize your eligibility for participation in the NCBP. If a party other than No Bull Properties, LLC will own the Brownfields Property at the conclusion of the brownfields process, the final document (which gets recorded at the register of deeds' office) must be signed not only by Prospective Developer, but by that owner. Failure by the Prospective Developer to ensure, by the time the BFA negotiations are complete, the willingness to sign of any such party, and to provide DEQ the exact name, email address, telephone number, and US mail address of the party (along with the signatory/signatory's tile in the case of an entity) will delay, and could prevent, the BFA taking effect. We are excited about the potential for public benefit offered by the reuse of the Stork Rotary Property and 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 the project manager, Carolyn Minnich by phone at 704-661-0330, or by e-mail at Carolyn. minnichkiicdenn gov. Sincerely, Bruce Nicholson Brownfields Program Manager ec: Central Files, DEQ Ellen Lorscheider, DEQ Carolyn Minnich, DEQ George Swearingen, Tower Engineering Professionals