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HomeMy WebLinkAboutRetreat at Renaissance LOE-OCR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary April 16, 2014 Sent Via USPS M/I Homes of Raleigh, LLC Attn: Mr. Jeremy Medlin 1511 Sunday Drive, Suite 100 Raleigh, North Carolina 27607 jmedlin@mihomes.com Subject: Letter of Eligibility Retreat at Renaissance White Street and S. Franklin Street Wake Forest, Wake County 27587 Brownfields Project Number 18014-14-092 Dear Mr. Medlin: The North Carolina Department of Environment and Natural Resources (DENR), Brownfields Program has reviewed your March 31, 2014 Brownfields Property Application (BPA) and supporting information submitted on behalf of M/I Homes of Raleigh, LLC as a Prospective Developer seeking a brownfields agreement regarding the subject site. We are very excited about the potential for public benefit offered by the reuse of the Retreat at Renaissance site and the possible improvement to the tax base of Wake Forest and Wake County. Upon review of the BPA with respect to the requirements of the Brownfields Property Reuse Act of 1997, DENR has determined that this project is eligible for entry into the North Carolina Brownfields Program and for continued evaluation for a Brownfields Agreement. The next step in the 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 of several environmental reports and other supporting documentation regarding the site. Historical site information from the files of DENR’s Division of Waste 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 DENR 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. 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-707-8200 \ Internet: http://portal.ncdenr.org/web/wm An Equal Opportunity \ Affirmative Action Employer – 50% Recycled \ 10% Post Consumer Paper Retreat at Renaissance Eligibility Letter, April 16, 2014 Page 2 According to the BPA, the intended redevelopment for the site is mixed use. Because risk management decisions may vary depending on the nature of the redevelopment, it will be important that DENR review the locations of the various elements. Please forward any maps or drawings indicating these details, even if they are only preliminary or conceptual. Also: Please note that M/I Homes of Raleigh, LLC does not have the liability protections a Brownfields Agreement offers unless and until it is executed. Thus, pending the execution of a Brownfields Agreement, you operate at the site at the risk of jeopardizing your eligibility and/or becoming a party responsible for the contamination at the site if an agreement is not finalized. This makes it very much in your interest to consult closely with the Project Manager regarding any planned site activities prior to agreement finalization. Please be aware that if the applicant Prospective Developer, M/I Homes of Raleigh, LLC, does not actually buy the property for redevelopment, it cannot be a Prospective Developer under our authorizing statute and loses its eligibility for the Brownfields Program. This refers to M/I Homes of Raleigh, LLC itself, not an affiliate or any other party. Also, if a party other than the Prospective Developer will own the Brownfields property at the conclusion of the brownfields process, the final Notice of Brownfields Property (which gets recorded at the Register of Deeds’ office and to which the Brownfields Agreement is an exhibit) must be signed not only by the Prospective Developer but by that property owner. Failure by the Prospective Developer to ensure, by the time Brownfields Agreement negotiations are complete, the willingness to sign of any such party, and to provide DENR the exact name, e-mail address, telephone number and U.S. mail address of the party (along with signatory/signatory’s title in the case of an entity) will delay, and could prevent, the Brownfields Agreement taking effect. Again, we are very enthusiastic about the potential for public benefit for Wake Forest and Wake County offered by the reuse of the Retreat at Renaissance site, and we 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, Joe Ghiold, by phone at 919-708-8375, or by e-mail joe.ghiold@ncdenr.gov. Sincerely, Linda M. Culpepper, Deputy Director Division of Waste Management cc: Project File ec: Bruce Nicholson, DENR Retreat at Renaissance Eligibility Letter, April 16, 2014 Page 2 Joe Ghiold Retreat at Renaissance Eligibility Letter, April 16, 2014 Page 2