21058_Wilmingtonian_info request

From:Paul Clark
To:Watson, Samuel
Cc:Liggins, Shirley; JoAnne Shadroui; Steve Clark; Faison Sutton
Subject:[External] Re: Wilmingtonian info request
Date:Friday, December 29, 2017 1:48:47 PM
Attachments:image003.pngSchematic Drawing Progress Set_reduced.pdfSanborn Map Images.pdf
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Greetings Sam,
I hope you had a Merry Christmas and are headed for a Happy New Year.
Thank you for your letter, and I completely concur with your interpretation that theformer cleaners located at 124 South Front Street will have no co-minglingconnection to this property via hydrogeologic setting and contaminant location(s).
With respect to the items set forth by Raleigh Program staff as requiring attention,we will forward a corrected Affidavit and other application documents which fixes thetypos, and includes the "Letter of Credit" document, hopefully on January 2 or 3, buteither way as soon as is possible, depending on receipt at our office from California.You will receive a hard copy hand delivered, and Shirley will receive an email versionand a CD via express mail.
The biggest concern is that the official closing date of this transaction which requiresthe LOE is currently set at January 4. I left a message on your VM to this effect andhope there is a possibility that an LOE can be generated by that time. If not, it isrespectfully requested that we all work closely together to get the LOE generated assoon as possible thereafter. The parties are indeed compelled to close immediately;and in rapid succession, the PD is ready to proceed with additional investigationsrelated to the BFA and the redevelopment process. Contractors are already lined upand many complex and interdependent levels of coordination are conditioned uponan expeditious and near term closing (including such items as contractor windows ofavailability and anticipated and pre-scheduled rentals for the upcoming season). Theultimate success of this redevelopment is similarly conditioned upon the success ofthe coordinated effort. We thank you and the Program staff in advance for assistingin launching this significant Wilmington project by working closely with us to providefor the Program's issuing of the LOE as soon as is possible.
The Items 5-10 specified within the comments sheet, are specifically addressedbelow:
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Responses to Items 5-10, BFA Program 12-19-2017 information request, Dock and
2nd LLC.
Item 5: Two of the Ownership’s principals are planning to acquire a house or condoin the area, for use by company principals, and as a vacation rental. Ownership plansnd
to develop the parking lot across the street at 108 South 2 Street in the future,although there are no immediate plans in the works.
Item 6: Schematic plans which have been submitted to the City of Wilmington for theproject are attached hereto.
Item 7: The closing on this project was scheduled to occur prior to the end of thecalendar year; however, it is contractually contemplated that the closing will occur onJanuary 4, 2018. The parties do understand the complexities unavoidably introducedby the holidays, but time remains of the absolute essence.
Item 8: The requested Sanborn maps are hereby re-scanned (using the best copy wehave), reattached, and resubmitted herewith. If necessary, as part of the future datacollection processes, a new set can be obtained from EDR. The Sanborn of theproject site most definitely labels a solvent tank within the property (within existingbuilding envelope).
Item 9: Classic Inns of America, Inc. is the owner. The term “et al” is a legalabbreviation of Latin origin, meaning “and others”. In this case, there are no others,but the term was aggregated within legal documents compiled in association with therecording of the property parcels originally acquired by Classic Inns of America, Inc.This type of legal abbreviation (legalese) is not unusual in property records and isintended to be an “inclusive” statement of present and future identity, in case othersbecome involved at a later date. Again, in this case, and at this time, Classic Inns ofAmerica, Inc. is the sole owner, and there are no other identities whatsoeverassociated with respect to ownership of any of the parcels being conveyed.
Item 10: The “Ezra Callahan Trust Agreement” dated November 2010, provides thatMr. Ezra Callahan is the sole grantor, trustee, and beneficiary (Item 10a). It is arevocable trust. Successor beneficiaries include (Item 10b) almost exclusively Mr.Callahan’s immediate family trust (which includes his wife Marisa Callahan, as trustee)and his children’s trust. It is believed generally inappropriate and unnecessary todisclose the contents of personal trust documents into the public record, however,such documents or portions thereof can be provided for the exclusive purpose of theBFA, but it is requested that the State of North Carolina agree to covenant the“keeping” those documents under separate internal file of perpetual confidentialstatus with respect to public access.
There is an Article 14 in the Trust document, which is titled the Powers of theTrustee. This section could be applicable to satisfying Program requirements ifabsolutely necessary to comply with the North Carolina Property Reuse Act of 1997.We are hopeful that the query is already sufficiently answered without the necessityfor disclosing any of these personal records. Please let me know as soon as possibleexactly what, if anything more is required in this area of query.
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Thank you Sam and the assigned staff in Raleigh in advance for working in closecoordination to help us obtain the LOE at the earliest possible date. Once the realestate transaction is closed, the PD is funding additional investigations and remediesnecessary (starting immediately) to accommodate any appropriate manifestation toultimately yield an approved and recorded BFA.
Happy New Year,
Paul
On Tue, Dec 19, 2017 at 11:46 AM, Watson, Samuel <[e-mail]> wrote:
Paul,

The staff doing our eligibility has provided the attached questions pertaining to the
Wilmingtonian application.

Please look over and give me a call.

Also, we had a response to our internal notification from the Dry-Cleaners Group as follows:

Sam – just FYI, we have a potential dry-cleaning site one block west of this BF site. It is Modern Cleaners & Laundry at 124 S. Front St. If you come across any dry-
cleaning related solvent that cannot be attributed to the BF site, please let us know sothat we can pursue an investigation. Thanks.

I am not thinking this location could have contributed to the the Wilmingtonian site, but
thout I’d pass it along since you have a much better handle on the hydrogeologicalparticulars. Let me know if there is a possibility and I will pass that information on.

Thanks,

Samuel P. Watson, P.G.
Project Manager
Division of Waste Management - Brownfields
NC Department of Environmental Quality

910 796 7408 office
910 350 2004 fax
[e-mail]

127 Cardinal Drive Ext.
Wilmington, NC 28405

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-- R. Paul Clark, P.G.PresidentThe Clark Group910.392.5555 (O)910.520.0237 (M)Office: 4918 Wrightsville AvenueWilmington, NC, 28403-5287Mailing: PO Box 10136Wilmington, NC, [e-mail]@clarkgroup.us