23012_Northgate Mall_NFI_20240304

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MICHAEL SCOTT
Director
Sent Via USPS and Email
Jacob Reingardt
NW Northgate II LLC
NW Northgate Mall LLC
NW Northgate Shops LLC
NW Northgate LP
NW PO LLC
c/o Northwood Investors LLC
1819 Wazee Street
Denver, CO 80202
sspurginknorthwooddevelopment. com
NORTH CAROLINA
Environmental Quality
March 4, 2024
Subject: Change to No Further Interest Status
Northgate Mall
1404 & 1424 Berkeley Street
1056, 1130, & 1146 W. Club Blvd
1515 & 1531 N. Gregson Street
1552, 1602, & 1720 Guess Road
Durham, Durham County
Brownfields Project No. 23012-19-032
Dear Mr. Reingardt:
Thank you for your initial interest in the North Carolina Brownfields Redevelopment
Section for the above -referenced Brownfields Property. Due to the lack of a substantive response
to the most recent draft Brownfields Agreement provided to the Prospective Developer team
some 2.5 years ago on September 16, 2021, and as agreed to in an email communication on
March 4, 2024 from your legal counsel, Mary Katherine Stukes of Moore & Van Allen, the
North Carolina Department of Environmental Quality (DEQ) has changed the status of the
referenced Brownfields Property from "Inactive 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,
QNorth Carolina Department of Environmental Quality I Division of Waste Management
E217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
NURTH UARUHNi
D.P m dUA—m Warmy 919.707.8200

Northgate Mall
March 4, 2024
page 2
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
https:Hdeq.nc.gov/about/divisions/waste-management/waste-mana e�permit-
guidance/inactive-hazardous-sites-site-notification-requirements.
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.eckard(kdeq.nc.gov.
Sincerely,
Sharon Poissant Eckard, PG
Eastern Branch Head
Brownfields Redevelopment Section
Division of Waste Management
ec: Central Files, DEQ
Bruce Nicholson, DEQ
Michael E. Scott, DEQ
Janet MacDonald, DEQ
Sandy Spurgin, Northwood Development
Mary Katherine Stukes, Moore & Van Allen