21054_Fayetteville Mixed Use_Internal Notification

From:Hardison, Sarah
To:Aja, Deborah; Alexander, Delonda; [e-mail]; Bateson, James; Booe, Steve; Bradford, Teresa;Bullock, Scott; Burch, Brent; Burke, Don; Burnette, Mark; Caulk, Kim; Cobbs, NeShonda C; College, John H; Day,Collin; Doorn, Peter; Foster, Anthony; Gagliardi, Rebecca; Goldman, Heather; Guglielmi, Nicholas J; Hammonds,Andrew; Hare, Wes; Heim, Susan A; Hunneke, William F; Jackson, Vance; Jesneck, Charlotte; Kitchen, Jack;Kromm, Carin; Lawrence, Ernest; Lown, David; Marks, Cheryl; Martin, Andrew; Mccarty, Bud; Mckee, Shawn;Menzel, Jeff; Morris, Sean; Mussler, Ed; Nelms, Robert; Hunneke, Sylvia; Orozco, Phil; Patrone, John; Patterson,Jenny; Phelps, Michael; Powers, Mark; Pruitt, Rose; Qi, Qu; Randolph, Wayne; Strauss, Ruth; Stupak, Scott;Swope, Eric; Taraban, Ron; Walch, John; Walker, Jenne; Watkins, Jason; Whaley, Mary; Williams, Ray; Woosley,Julie; Brown, James
Cc:Eckard, Sharon; Leonard, Laura; Liggins, Shirley; Lorscheider, Ellen; Nicholson, Bruce; Scott, Michael; Wahl,
Tracy; Wendell, Kimberly B
Subject:Internal Notification - Brownfields Application - Fayetteville Mixed Use Development, Cumberland County
Date:Tuesday, January 09, 2018 5:18:54 PM
Attachments:image001.png
To DEQ Cleanup Programs:
This is an internal courtesy notice to inform your program that the DEQ Brownfields Program has
received a Brownfields Property Application submitted by PCH Development Co., LLC, Hay Street
Development Pad, LLC, and the City of Fayetteville as the Prospective Developers (PD) seeking entry
into the Brownfields Program for the following property:

Site Name: Fayetteville Mixed Use Development
Address: Hay Street
City/County/Zip: Fayetteville/Cumberland County/28301
BF Project Number: 21054-17-026
Tax ID: 0437-44-6969 and 0437-44-8943
UST Incident ID No. 42048

Map link:
Google maps link to candidate brownfields property
Link to Cumberland County Tax Website
We are now evaluating PCH Development Co., LLC, Hay Street Development Pad, LLC, the City of
Fayetteville, and the subject property for eligibility for entry into the Brownfields Program. The
candidate brownfields property consists of approximately 2.07 acres and was purchased by the City
of Fayetteville from PCH Development Co., LLC on March 28, 2017. Currently, the candidate
brownfields property is utilized for parking and as a city park. Historically, the candidate brownfields
property has been utilized as a church, warehouse, residential dwellings, battery station, electrical
repair, auto supply, garage, gas station, part of a hotel, railroad spur, and the roadway (Maiden
Lane). Recent environmental assessment has been conducted at the candidate brownfields
property, subsequent, laboratory analysis of samples identified detects of volatile organic
compounds including 1,2,4-trimethylbenzene, benzene, ethylbenzene and naphthalene in
groundwater at concentrations in exceedance of the Title 15A NCAC 2L.0202 Groundwater
Standards (April 1, 2013 version) and detects of TPH-GRO at concentrations in exceedance of the
North Carolina Department of Environmental Quality (DEQ) Underground Storage Tank (UST) Section
action level (July 26, 2016 guideline).

The prospective developers plan to invest $45,000,000 and develop the candidate brownfields
property with a 4-level parking garage, 125-room hotel, and 125-unit apartment building, and a
public plaza with green space and new road.

Hazardous Waste Site: Mayflower Laundry Cleaners (NCR000140673); IHSB Site: Fayetteville Coal
Gas (NCD986197341); DSCA Sites: Mayflower Laundry And Dry Cleaning (DC260001), Scotty
Cleaners (DC260014), Smitty's Cleaners Inc., and One Hour Cleaners & Washerette; and UST
Incident Nos.: 16280 (Hay Street Property) and 4026 (Fayetteville Auto Center) are located within
proximity to the candidate brownfields property.

PD Contact Name: Aric V. Geda
PD Company: Modulus, PLLC
PD Address: PO Box 935
Oak Ridge, North Carolina 27310
Phone No.: 919-800-9093
E-mail: [e-mail]

PD: PCH Development Co., LLC
PD Principal Officer: Rory Dowling (member)
Phone: [phone]
Email: [e-mail]
Mailing Address: PO Box 650
Durham, NC 27701

PD: Hay Street Development Pad, LLC
PD Principal Officer: Rory Dowling (member)
Phone: [phone]
Email: [e-mail]
Mailing Address: PO Box 650
Durham, NC 27701
Website: www.1standmaindevelopment.com

PD: City of Fayetteville
PD Principal Officer: Kristoff Bauer
Phone: [phone]
Email: [e-mail]
Mailing Address: 433 Hay St.
Fayetteville, NC 28301
Website: https://fayettevillenc.gov/

Under the Brownfields Property Reuse Act, only entities that did not cause or contribute to the
contamination at the property are eligible to enter the program. The applicant PD listed above have
asserted that: 1) they have not caused or contributed to the contamination at the property, and 2)
they have substantially complied with laws, regulations, and rules for the protection of the
environment. If you have any information to suggest otherwise, please provide that information to
James Rudder at [e-mail] and Sarah Hardison Young at sarah.hardison@ncdenr
by January 17, 2018.

A Brownfields Agreement (BFA) has no legal effect on your agency's authority to regulate or
enforce against any and all parties who caused or contributed to the contamination at the
property. In fact, the BFA will require the developer to provide access to the property to any
party doing work under any DEQ program.

A BFA provides liability protection only to a non-causative redeveloper of the property. The
developer will be required to make the property safe for its intended re-use. Cleanup to
unrestricted use standards will not be required unless deemed necessary based on the
developer's proposed use of the property. Furthermore, the BFA will not change the developer's
responsibility to obtain any and all DEQ permits (e.g. storm water, sediment control, NPDES, etc.)
as required under applicable law.
If you have any questions, please don't hesitate to contact me.

Thank you,

Sarah E. Hardison
Hydrogeologist
Brownfields Program
Division of Waste Management
Department of Environmental Quality

Office Phone: [phone] (direct line)

217 West Jones Street
Raleigh, NC 27605

cid:image001.png@01D12E6C.B7EC5700

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.