25008_North Hills Exp_LOE_20230410

North Hills Expansion
April 10, 2023
Page 1

April 10, 2023

Sent Via Email
John Kane
North Hills Retail Expansion Owner LP
4321 Lassiter at North Hills, Suite 250,
Raleigh, NC 27609
[e-mail]
Subject: Amended Letter of Eligibility (Track Option: Redevelopment Now)
North Hills Expansion
0 Lassiter Mill Rd
Raleigh, Wake County
Brownfields Project Number 25008-21-092
Dear Mr. Kane:
The North Carolina Department of Environmental Quality (DEQ) has received and
reviewed your February 7, 2023 Amendment to the Brownfields Property Application (BPA)
submitted on behalf of North Hills Retail Expansion Owner LP as the new Prospective
Developer seeking a Brownfields Agreement regarding the Brownfields Property. The original
BPA was submitted on January 29, 2021 on behalf of North Hills Owner, LP and a Letter of
Eligibility was issued on March 15, 2021. The subject property was previously accepted into the
Brownfields Redevelopment Section for parcels 1705593807, 1705594776, 1705592477 and
5.14 acres of parcel 1705597841. The present Amendment notes that the boundaries of the
Brownfields Property have been established by recombination to create two parcels: 1705593784
and 1705591660. Upon review of the BPA with respect to the requirements of the Brownfields
Property Reuse Act of 1997, DEQ has determined that this Prospective Developer is eligible for
entry into the North Carolina Brownfields Redevelopment Section (NCBRS) and for continued
evaluation for a Brownfields Agreement (BFA).
According to the BPA, the intended redevelopment for the Brownfields Property is for a
mixed-use development that will include office, parking, retail, commercial, high-density
residential, recreational, and institutional uses. 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, NCBRS eligibility is provisional. The protections a BFA offers the Prospective
North Hills Expansion
April 10, 2023
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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 or introduce a health risk 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 NCBRS 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 or introduce a
health risk at the Brownfields Property that could jeopardize your eligibility for participation in
the NCBRS.
If a party other than North Hills Retail Expansion Owner LP will own the Brownfields
Property at the conclusion of the brownfields process, the final document (which would be
recorded at the register of deeds’ office) must be signed not only by the 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 title 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 North
Hills Expansion 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 Claire Sorrell by phone at 919-707-
8380 or by e-mail at [e-mail].
Sincerely,
Bruce Nicholson, Chief
Brownfields Redevelopment Section
ec: Central Files, DEQ
Michael Scott, DEQ
Sharon Eckard, DEQ
Claire Sorrell, DEQ
John Gallagher, Aptus Management, PLLC
Todd Roessler, Smith Law
Kallie Walker, Kane Realty Corp