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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