21054_Fayetteville Mixed Use_BPA Status Email

From:Nicholson, Bruce
To:Rory Dowling; Aric Geda; Rudder, James
Cc:Eckard, Sharon; Hardison, Sarah; Liggins, Shirley
Subject:RE: [External] RE: Fayetteville Mixed Use Redevelopment - PCH Development Co., LLC, Cumberland County, Brownfields Project # 21054-17-026
Date:Wednesday, January 10, 2018 2:56:04 PM
Attachments:image002.pngimage003.pngimage004.png
Mr. Dowling,
We appreciate your concerns and tried to reach you by phone just a bit ago. You may not realize that this application
has a number of complicating factors regarding its eligibility. Jim and Sarah have communicated back and forth through
Mr. Geda requesting more information in mid-December. Furthermore, considerable work and eligibility analysis has
gone into this project. In this case, prior ownership of the brownfields property by entities that comprise the applicant
prospective developer when there is a regulatory history, confusion on the actual parcels involved, and other aspects
regarding this application have complicated its review, and for which the program is statutorily bound to resolve.

Regardless, the Program has been responsive to your schedule once your deadlines became known. We actually
requested a meeting on December 13th to clarify issues we had identified in our application review. We heard back
from Mr. Geda that you were not available. Through these requests we found out that you had a closing deadline
dependent on the issuance of eligibility (this fact was not in the original application). We subsequently provided a
conditional eligibility letter on December 14th…a letter that clearly listed our needs for further information. We hope
that this helped with your closing.

In response to the December 14th letter of conditional eligibility, Mr. Geda provided some of the information on January
8 with a revised BPA that proposed 2 new prospective developers that had not been previously discussed as potential
prospective developers. This causes further information review to be necessary. Furthermore, regulatory
correspondence from the UST Section to Jordan Jones (a Notice of Regulatory Requirements) had not been included in
the original submittals. Once we found this, it required further discussions with the UST Section to understand the
regulatory implications and its potential for affecting eligibility. Furthermore, some of the information required in our
December 14th letter has not yet been adequately addressed in your subsequent submittals.

It appears that a lot of your concern is based on the presumption that a fully executed brownfields agreement is
necessary before construction can start. That is simply not the case from a brownfields perspective. Because we
recognize that certain projects have demanding constructions schedules, we have processes for addressing this issue. In
such cases our normal processes allow for starting site development under an adequately assessed site and an approved
“Environmental Management Plan” while we continue to work on the brownfields agreement in parallel. We have a
template form for an Environmental Management Plan on our Web site or can forward it to you and your project team
(Jim, just go right ahead and do this).

Typically, it is premature to have a kickoff meeting before we have the chance to fully assess your application and
supplementary data submittals. However, we do feel that a meeting may be useful in this case to discuss any additional
data needs, how the program is equipped under its normal process to address a demanding construction schedule, and
how a path forward can be developed.

You will be hearing from Mr. Rudder on some suggested times for a meeting. We hope that all the PD entities can
attend.

Thank you,
Bruce Nicholson

  Bruce Nicholson, Brownfields Program Manager f www.ncbrownfields.org f 919.707.8330/8383                     
__________________________________________________________________________________________________________________________________________________________________________________________________________________Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.

From: Rory Dowling [mailto:[e-mail]]
Sent: Wednesday, January 10, 2018 9:48 AM
To: Aric Geda <[e-mail]>; Rudder, James <[e-mail]>
Cc: Eckard, Sharon <[e-mail]>; Hardison, Sarah <[e-mail]>; Nicholson, Bruce
<[e-mail]>; Liggins, Shirley <[e-mail]>
Subject: [External] RE: Fayetteville Mixed Use Redevelopment - PCH Development Co., LLC, Cumberland County,
Brownfields Project # 21054-17-026

CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail].

All,

I’m following up on Aric’s string of emails (and voicemails). It has now been almost a month since we have received a
response about setting up a kickoff meeting. This is after it took over a month to receive any sort of initial response from
the program. At this time, we are now over 2 months into our initial application. This project is extremely time sensitive,
which is why we opted to go the Redevelopment Now route, spending $30k back on November 7th, 2017.

If we are unable to receive adequate response from Jim and the team, we will need to request a refund for the $30k and
withdraw our application.

Please advise.

Rory

Rory Dowling
1st & Main Development
919.616.6216 ▪ [e-mail]
www.1standmaindevelopment.com

From: Aric Geda [mailto:[e-mail]]
Sent: Monday, January 8, 2018 9:00 AM
To: 'Rudder, James' <[e-mail]>
Cc: 'Eckard, Sharon' <[e-mail]>; 'Hardison, Sarah' <[e-mail]>; Rory Dowling
<[e-mail]>; 'Nicholson, Bruce' <[e-mail]>; 'Liggins, Shirley'
<[e-mail]>
Subject: RE: Fayetteville Mixed Use Redevelopment - PCH Development Co., LLC, Cumberland County, Brownfields
Project # 21054-17-026

Jim:
Please find attached the revised BPA with the additional information. I have also attached the Redevelopment Now Fee
Consent.
The new attachments and Affidavits can be found in this link:
https://www.dropbox.com/sh/rkl6l1waw38cao9/AADrf6_nKCtk3sIC4oGlnW9ba?dl=0
Can you please contact us somehow to set up a meeting??
Aric

Aric V. Geda, P.E.
Principal Engineer

Modulus, PLLC
[phone]
[e-mail]

A veteran-owned company

From: Aric Geda [mailto:[e-mail]]
Sent: Friday, January 5, 2018 11:32 AM
To: 'Rudder, James' <[e-mail]>
Cc: 'Eckard, Sharon' <[e-mail]>; 'Hardison, Sarah' <[e-mail]>; 'Rory Dowling'
<[e-mail]>; 'Nicholson, Bruce' <[e-mail]>
Subject: RE: Fayetteville Mixed Use Redevelopment - PCH Development Co., LLC, Cumberland County, Brownfields
Project # 21054-17-026

Good morning James.
I’ve also left another voicemail this morning.
Could you please get back with us regarding setting up a meeting to get this project moving forward?
Thanks,
Aric

Aric V. Geda, P.E.
Principal Engineer

Modulus, PLLC
[phone]
[e-mail]

A veteran-owned company

From: Aric Geda [mailto:[e-mail]]
Sent: Tuesday, January 2, 2018 4:40 PM
To: 'Rudder, James' <[e-mail]>
Cc: 'Eckard, Sharon' <[e-mail]>; 'Hardison, Sarah' <[e-mail]>; 'Rory Dowling'
<[e-mail]>; 'Nicholson, Bruce' <[e-mail]>
Subject: Fayetteville Mixed Use Redevelopment - PCH Development Co., LLC, Cumberland County, Brownfields Project #
21054-17-026

James:
I hope you are doing well and you had a great time over the Holidays!
I wanted to follow up on when we could schedule a meeting to discuss this project further. Do you have any time this
week?
Please let me know what might work for you.
Thanks,
Aric

Aric V. Geda, P.E.
Principal Engineer

Modulus, PLLC
[phone]
[e-mail]

A veteran-owned company

From: Aric Geda [mailto:[e-mail]]
Sent: Friday, December 15, 2017 1:20 PM
To: 'Nicholson, Bruce' <[e-mail]>; 'Rudder, James' <[e-mail]>
Cc: 'Eckard, Sharon' <[e-mail]>; 'Hardison, Sarah' <[e-mail]>; 'Rory Dowling'
<[e-mail]>
Subject: RE: [External] RE: Conditional Letter of Eligibility for Fayetteville Mixed Use Redevelopment - PCH Development
Co., LLC, Cumberland County, Brownfields Project # 21054-17-026

Thanks Bruce:
This is what we were looking for.
Maybe we’ll have another first on this one. Things have changed a bit since we did the VI sampling on Deakle’s Cary site
in ’09.

Since James is out for the next two weeks, can we schedule the kickoff meeting for Wednesday (4th) or Thursday (5th)?
In the meantime, we will get all the requested items back to you so they will be ready when James gets back.
Please let us know what would work for you all for the kickoff meeting.
Thanks,
Aric

Aric V. Geda, P.E.
Principal Engineer

Modulus, PLLC
[phone]
[e-mail]

A veteran-owned company

From: Nicholson, Bruce [mailto:[e-mail]]
Sent: Friday, December 15, 2017 10:45 AM
To: Aric Geda <[e-mail]>; Rudder, James <[e-mail]>
Cc: Eckard, Sharon <[e-mail]>; Hardison, Sarah <[e-mail]>; 'Rory Dowling'
<[e-mail]>
Subject: RE: [External] RE: Conditional Letter of Eligibility for Fayetteville Mixed Use Redevelopment - PCH Development
Co., LLC, Cumberland County, Brownfields Project # 21054-17-026

Aric,
I will answer for the program and say that schedule depends on many factors, many of which are technical issues
specific to the site which are unknown at present, and so a commitment to specific timing at this point cannot be made.
However, our process allows for a planning schedule to be developed as data gaps become identified, and then as a
work plan is submitted to fill those data gaps, which is then refined as the data gaps are filled. My suggestion is that at
the kickoff data gap meeting, that we mutually develop the planning schedule with the PD present, use the end date
they have in mind and determine all the interim milestones that have to be met by both the PD and DEQ in order to
make it possible. This way we will be able to tell if such a schedule is feasible or not.

I can tell you that getting it to public comment in April is an aggressive schedule, although some sites where here were
no technical complications (and these days vapor intrusion concerns can be one of those complicating factors) and no
negotiation on language have been accomplished in that time frame. Also, be aware that once we reach agreement on
the terms of an agreement, there is a minimum 30-day public comment period as well.

Bruce

  Bruce Nicholson, Brownfields Program Manager f www.ncbrownfields.org f 919.707.8330/8383                     
__________________________________________________________________________________________________________________________________________________________________________________________________________________Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.

From: Aric Geda [mailto:[e-mail]]
Sent: Thursday, December 14, 2017 6:44 PM
To: Rudder, James <[e-mail]>
Cc: Nicholson, Bruce <[e-mail]>; Eckard, Sharon <[e-mail]>; Hardison, Sarah
<[e-mail]>; 'Rory Dowling' <[e-mail]>
Subject: [External] RE: Conditional Letter of Eligibility for Fayetteville Mixed Use Redevelopment - PCH Development
Co., LLC, Cumberland County, Brownfields Project # 21054-17-026

CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
[e-mail].

Excellent! Thank you, James.
We realize there are a lot of moving parts to this process, but since it wasn’t addressed, can we assume that you believe
a Brownfields Agreement is feasible by April if things fall into place?
Have a great evening.
Aric

Aric V. Geda, P.E.
Principal Engineer

Modulus, PLLC
[phone]
[e-mail]

A veteran-owned company

From: Rudder, James [mailto:[e-mail]]
Sent: Thursday, December 14, 2017 5:54 PM
To: Aric Geda <[e-mail]>; 'Rory Dowling' <[e-mail]>
Cc: Nicholson, Bruce <[e-mail]>; Eckard, Sharon <[e-mail]>; Hardison, Sarah
<[e-mail]>
Subject: Conditional Letter of Eligibility for Fayetteville Mixed Use Redevelopment - PCH Development Co., LLC,
Cumberland County, Brownfields Project # 21054-17-026

Mr. Dowling,

We have been in communication with your environmental consultant Mr. Aric Geda of Modulus, PLLCregarding additional requested information regarding the Brownfields Property Application for this project.
The Brownfields Program understands your lender for a bridge loan requires demonstration that the
Collateral (property) does not represent an environmental risk or liabilities that are unacceptable to the bank,
and that you have planned on presenting a Brownfields Program Letter of Eligibility for the Property to help
satisfy this requirement.

Although we have outstanding information we still require, we believe the information we have reviewed has
guided us to an understanding about the Property which allows us to forward to you a Letter of Conditional
Liability for the Fayetteville Mixed Use Development Brownfields Project. Please find the attached letter.

We look forward to receiving the additional information we have requested at your earliest convenience, andwe look forward to moving this project ahead.

I will be out of the office on vacation from December 15, 2017 through January 2, 2018. If you have anyquestions or comments you can contact my immediate supervisor Sharon Eckard or our Program Manager
Bruce Nicholson. I will occasionally be checking my email during my time away from the office.
Regards, and Happy Holidays

Jim
James Rudder Project Manager Division of Waste Management - Brownfields NC Department of Environmental Quality 1646 Mail Service Center Raleigh, NC 27699-1646 {919} 707-8381 - Direct Line & Fax

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the
content is exempt by statute or other regulation.