23036_Heritage Square II_NFI_20220629

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
MICHAEL SCOTT
Director
Sent Via USPS and email
NORTH CAROLINA
Environmental Quality
June 29, 2022
Mr. Christopher Kono
606 Fayetteville LLC & 401 E Lakewood LLC
35 W Brother Drive
Greenwich, CT 06830
chrisninclude. space
Subject: Change to No Further Interest Status
Heritage Square II
606 Fayetteville Street and 401 East Lakewood Avenue
Durham, Durham County
Brownfields Project No. 23032-19-032
Dear Mr. Kono:
Thank you for your initial interest in the North Carolina Brownfields Program for the
above -referenced Brownfields Property. Based on your request on June 28, 2022, the North
Carolina Department of Environmental Quality (DEQ) has changed the status of the referenced
Brownfields Property from "Active Eligible" to "No Further Interest" (NFI).
Although its previous brownfields active eligible status did not preclude a DEQ cleanup
program from seeking assessment or cleanup from parties responsible for the contamination on
the above -referenced property, this change to NFI status also removes you as an applicant PD
from any statutory environmental liability protections offered to a brownfields prospective
developer. While this status change to NFI does not automatically make you a responsible party,
depending on your status as a responsible party under applicable law, various DEQ programs
may or may not seek your cooperation in addressing this site at a future date.
Also, if you are an owner of the site and are aware of contamination that exists on the
property, you may have statutory obligations to provide notification of a contaminated site to
DEQ's Inactive Hazardous Sites Branch. For more information about how to accomplish this,
you may contact Janet MacDonald at [phone] or view their web site at
hgps:Hdeq.nc.gov/about/divisions/waste-management/waste-mana eg ment-permit-
guidance/inactive-hazardous-sites-site-notification-requirements.
D Q__",
�� North Carolina Department of Environmental Quality f Division of Waste Management
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
woRn;cnaourw. �
/'� 828.296.4500

Heritage Square II
June 29, 2022
Page 2
If you feel this information is not complete or accurate, please contact us to discuss
further. This Brownfields Property remains a good candidate for the Brownfields Program. If in
the future, you or some other developer desires to pursue a Brownfields Agreement on this
Brownfields Property, please submit a Brownfields Property Application and signed affidavit.
We appreciate your assistance in this matter.
If you have questions about this correspondence or require additional information, please
feel free to contact me by phone at 919-707-8238 or by e-mail at Holly. Samahakncdenr.gov.
Sincerely,
P4-vt-" 4 ,1 I"
Holly Samaha-Smith
Brownfields Project Manager
Division of Waste Management
ec: Central Files, DEQ
Bruce Nicholson, DEQ
Sharon Eckard, DEQ
Jeff Tyburski, Geosyntec Consultants
Vicki Garlington, Geosyntec Consultants
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NORTH CAFULINA i
Dapar4mdd Emimn—tal Qwllty 919.707.8200