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HomeMy WebLinkAbout27017_Statesville Rd II_NFI Letter_20240130 January 30, 2024 Sent Via email Christian Samartino Industrial Development Partners, LLC 115 E. Park Avenue, Suite B Charlotte, NC 28203 cts@piedmontproperties.com Subject: Change to No Further Interest Status Statesville Road II 8718 Statesville Road Charlotte, Mecklenburg County Brownfields Project No. 27107-23-060 Dear Mr. Samartino: Thank you for your initial interest in the North Carolina Department of Environmental Quality (DEQ) Brownfields Redevelopment Section (BRS) for the above-referenced Brownfields Property. Based on a recent email from Chris Walker of Alexander Ricks PLLC, dated January 29, 2024, we are changing the status of your project. The email states that Industrial Development Partners, LLC is not moving forward with this project and is withdrawing their application. Given this information, BRS 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://deq.nc.gov/about/divisions/waste-management/waste-management-permit- guidance/inactive-hazardous-sites-site-notification-requirements. No Further Interest January 30, 2024 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 336-776-9742 or by e-mail at seth.titley@deq.nc.gov. Sincerely, Project Manager Brownfields Redevelopment Section Division of Waste Management ec: Central Files, DEQ Bruce Nicholson, DEQ Tracy Wahl, DEQ Chris Walker chris.walker@alexanderricks.com Scott Hensley shensley@piedmontproperties.com Lester Osborn losborn@piedmontproperties.com