HomeMy WebLinkAbout20002_Aberdeen Tire_LOE_20160405Waste Management
ENVIRONMENTAL QUALITY
April 5, 2016
Sent via USPS and email
Daniel Martin
Town of Aberdeen
115 North Poplar Street
Aberdeen, NC, 28315
dmartin@townofaberdeen.net
Subject: Letter of Eligibility
Aberdeen Tire
201 South Pinehurst Street
Aberdeen, Moore County
Brownfields Project Number: 20002-16-063
Dear Mr. Martin:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Acting Director
The North Carolina Department of Environmental Quality (DEQ) has received and reviewed your
January 5, 2016 Brownfields Property Application (BPA) submitted by Bill Zell of the Town of Aberdeen
on behalf of the Town of Aberdeen as a Prospective Developer seeking a brownfields agreement
regarding the subject site. Upon review of the BPA with respect to the requirements of the Brownfields
Property Reuse Act of 1997, DEQ has determined that this project is eligible for entry into the North
Carolina Brownfields Program (NCBP) and for continued evaluation for a Brownfields Agreement
(BFA). We recognize that the Town of Aberdeen has a bona fide demonstrable desire to redevelop the
property and may not purchase the property. The affidavit associated with this application has been
modified by the Prospective Developer to reflect this change in language.
The next step in the BFA 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 the following
documents submitted with your BPA:
Title
Prepared By
Date of Report
Original Deed and Plat
State of NC, Moore County
January 15, 1976
Warranty Deed
J. Hunter Stovall, Attorney
November 24, 2010
Historical Topographic Map
Cardno Inc.
November 20, 2014
Aberdeen Tire UST Scan Field
Sketch
Cardno Inc.
September 14, 2015
Site Photo Log (42photos)
Cardno Inc.
September 21, 2015
Phase I Environmental Site
Assessment Report
Cardno Inc.
November 24, 2015
State of North Carolina I Environmental Quality I Waste Management
1646 Mail Service Center 1 217 West Jones Street I Raleigh, NC 27699-1646
919 707 8200 T
Aberdeen Tire
April 5, 2016
Page 2 of 2
If available, historical site information from the files of DEQ'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 DEQ 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
According to the BPA, the intended redevelopment for the site is a commercial redevelopment area to
include a coffee shop, restaurant or gift store. Because risk management decisions may vary depending
on the nature of the redevelopment, it will be important that DEQ review the locations of the various
elements. Please forward any maps or drawings indicating these details, even if they are only preliminary
or conceptual.
Please note: pending execution of a final BFA, NCBP eligibility is provisional. The protections a
BFA offers the Prospective Developer are not in effect, unless and until, the BFA is executed. If you
occupy the property or operate or conduct activities at the site that result in a release of regulated
substances before a BFA has been finalized for the property, you may be considered to have caused or
contributed to contamination at the property. Because an entity that could be considered to have caused
or contributed to contamination at the property cannot be a Prospective Developer under the Act, your
eligibility for participation in the NCBP would be placed in jeopardy. Consult closely with your Project
Manager regarding any planned site activities prior to agreement finalization. You are cautioned to
conduct all such operations and activities at the site with great care not to cause a release of regulated
substances at the property that could jeopardize your eligibility for participation in the NCBP.
If a party other than the Town of Aberdeen will own the Brownfields Property at the conclusion
of the brownfields process, the final document (which gets recorded at the register of deeds' office) must
be signed not only by Prospective Developer, but by that owner. Failure by the Prospective Developer to
ensure, by the time the BFA negotiations are complete, the willingness to sign of any such party, and to
provide DEQ the exact name, email address, telephone number, and US mail address of the party (along
with the signatory/signatory's tile in the case of an entity) will delay, and could prevent, the BFA taking
effect.
We are enthusiastic about the potential for public benefit offered by the reuse of the Aberdeen
Tire site, and 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 Geof Little by phone at 919-707-8252, or by e-mail at geof.little a),ncdenr.gov.
Sincerely,
Michael E. Scott, Acting Director
Division of Waste Management
ec: Central File, DEQ
Sharon Eckard, DEQ
Bruce Nicholson, DEQ
Geof Little, DEQ
Aberdeen Tire / Eligiblity Letter