20001_North Graham Hopedale_NFI_final signed

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 T

January 12, 2018 Sent Via USPS and email
Edward M. Tam
Burlington East Development, LLC
415 Pisgah Church Road, #363 Greensboro, NC 27455 [e-mail]

Subject: Brownfields Site Status Letter Project Name: North Graham Hopedale Road Site Address: North Church Street and North Graham Hopedale Road Burlington, Alamance County 27217
Brownfields Project Number: 20001-16-001

Dear Mr. Tam: Thank you for your initial interest in the North Carolina Brownfields Program for the
above-referenced Brownfields Property. Our records indicate that payment for the $2,000 initial
fee to the Brownfields Program, which was has been due since February 2016, has not been paid.
This situation has persisted even after multiple reminders and assurances on your part that payment would be forthcoming; therefore, as communicated to you and your consultant of record, Jeff Ballsieper of Progress Environmental, on November 27, 2017 via email, we have
ceased work on this project. Effective November 27, 2017, we changed the status of your
application from “Active Eligible” to “Inactive Eligible.” We have not received a response to our
email and have unsuccessfully attempted to contact you by phone on January 9, 2018.
The Program is concerned that the lack of payment and your silence indicates an
unwillingness or an inability to meet the statutory financial means requirement to maintain the
eligibility of Burlington East Development, LLC for a Brownfields Agreement at this property.
Therefore, for this reason and our growing need to address others, the Brownfields Program has changed the status of the referenced Brownfields Property to that of “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, this
change to NFI status also removes you as an applicant PD from any statutory environmental liability protections offered to a brownfields prospective developer. This status change to NFI
does not automatically make you a responsible party. However, depending on your status as a
responsible party under applicable law, various DEQ programs may seek your cooperation in
addressing this site.

North Graham Hopedale January 12, 2018
Page 2

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 Charlotte Jesneck at [phone] or view their web site at
https://deq.nc.gov/about/divisions/waste-management/waste-management-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 Program. 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 as
a new project (including normal new project fees).
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 [e-mail].

Sincerely,

Sharon Poissant Eckard, PG
Eastern District Supervisor
Brownfields Program Division of Waste Management

ec: Central Files, DEQ
Bruce Nicholson, DEQ Jeffrey Ballsieper, Progress Environmental