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HomeMy WebLinkAbout26034_Riverman II_NFI Letter_20230814ROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Sent Via Email Mike McCarley Riverman, LLC PO Box 15108 Wilmington, NC 28408 mike@admci.com NORTH CAROLINA Environmental Quality August 14, 2023 Subject: Change to No Further Interest Status Riverman II 610, 712, 728, and 732 Surry Street Wilmington, New Hanover County Brownfields Project Number 26034-22-065 Dear Mr. McCarley: Thank you for your initial interest in the North Carolina Brownfields Redevelopment Section for the above -referenced Brownfields Property. On August 1, 2023, we received notice via email from Kaitlyn Rhonehouse of Geosyntec Consultants of NC, P.C. that this Brownfields Property was acquired by the North Carolina Department of Transportation and that Riverman, LLC will no longer be able to move forward with redeveloping the property. Given this information, 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 (919) 707-8349 or view their web site at https:Hdeq.nc.lzov/about/divisions/waste-management/waste-mana em�ent-permit- ,guidance/inactive-hazardous-sites-site-notification-requirements. North Carolina Department of Environmental Quality I Division of Waste Management e::e�-D_EQ 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919,707.8200 Rivertnan II August 14, 2023 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 Redevelopment Section. 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 919-707-8379 or by e-mail at sharon.eckardndeq.nc.gov. Sincerely, Sharon Poissant Eckard, Eastern Branch Head Brownfields Redevelopment Section Division of Waste Management ec: Central Files, DEQ Bruce Nicholson, DEQ Janet Macdonald, DEQ Kaitlyn Rhonehouse, Geosyntec Consultants of NC, P.C. Brian Eckel, Cape Fear Commercial Michael Murchison, Murchison Taylor & Gibson, PLLC D i �� 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 NUfI i:+C;AFIU�Ifti� DN.P". .w' f E W.— wl uuaorr 919.707.8200