20021_Glen_Raven_LOE_20160425

PAT MCCRORY
Govenwr
DONALD R. VANDER VAART
Waste Management
ENVIRONMENTAL QUALITY
Sent via USPS and email
Adam Short
The City of Kinston
207 East King Street
Kinston, NC 28502
[e-mail]
Subject: Letter of Eligibility
Glen Raven Mills II
800 Manning Street
Kinston, Lenoir County
April25, 2016
Brownfields Project Number 20021-16-54
Dear Mr. Short:
Secretary
MICHAEL SCOTT
Acting Director
The North Carolina Department of Environmental Quality (DEQ) has received and
reviewed your March 10, 2016 Brownfields Property Application (BPA) submitted by Darin
McClure of Mid-Atlantic Associates, Inc. on behalf of The City of Kinston as a Prospective
Developer seeking a brownfields agreement regarding the subject site. Upon review of the BP A
with respect to the requirements of the Brownfields Property Reuse Act of 1997, DEQ has
determined that this project is eligible for entry into the North Carolina Brownfields Program
(NCBP) and for continued evaluation for a Brownfields Agreement (BFA).
The next step in the BFA process will involve a detailed review of available
environmental and other relevant data to determine what is currently known about contamination
at the site, and what, if any, information gaps may exist that may require additional assessment.
We are in receipt ofthe following documents submitted with your BPA:
• Phase I ESA, Mid-Atlantic Associates, Inc., December 30, 2015
If available, historical site information from the files ofDEQ's Division ofWaste
Management will also be utilized during the evaluation process. Please forward any additional
information or data you may have or can acquire for our evaluation. This should include reports
from other DEQ agencies or regional offices. We will contact you regarding any additional
assessment that may be necessary to establish that the property is or can be made suitable for the
intended reuse, as required by statute.
State of North Carolina 1 Envirorunental Quality i Waste Management
1646 Mail Service Center 1217 West Jones Street 1 Raleigh, NC 27699-1646
919 707 8200 T
Glen Raven Mills II
April25,2016
Page2
According to the BP A, the intended redevelopment for the site is residential, retail,
office, restaurant and commercial. Because risk management decisions may vary depending on
the nature ofthe 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: pending execution of a final BFA, NCBP eligibility is provisional. The
protections a BFA offers the Prospective Developer are not in effect, unless and until, the BFA is
executed. If you occupy the property or operate or conduct activities at the site that result in a
release of regulated substances before a BFA has been finalized for the property, you may be
considered to have caused or contributed to contamination at the property. Because an entity that
could be considered to have caused or contributed to contamination at the property cannot be a
Prospective Developer under the Act, your eligibility for participation in the NCBP 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 site with great care not to cause a release of regulated substances at the property
that could jeopardize your eligibility for participation in the NCBP.
If a party other than The City of Kinston will own the Brownfields Property at the
conclusion of the brownfields process, the final document (which gets recorded at the register of
deeds' office) must be signed not only by 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 tile 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 Glen
Raven Mills II site 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 Samuel Watson by phone at 910-
796-7408 or by e-mail at [e-mail].
ec: Central Files, DEQ
Bruce Nicholson, DEQ
Samuel Watson, DEQ
Sincerely,
!/iJrE{.f}-
Michael E. Scott:, Acting Director
Division ofWaste Management
Darin McClure, Mid-Atlantic Associates, Inc.