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