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Home My WebLink About16048_77 Center Drive_Letter of Eligiblity for Amendment_20190820ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director Sent Via USPS and email Michael J. Eskra, CFO TDC 77 Center Drive II, LLC 5310 S. Alston Ave. Ste. 210 Durham, NC 27713 meskra(@dilwpg.co NORTH CAROLINA Environmental Quality August 20, 2019 Subject: Letter of Eligibility for Amendment Seventy -Seven Center Drive 5200-5605 Seventy -Seven Center Drive Charlotte, Mecklenburg County Brownfields Project Number: 16048-12-060 Dear Mr. Eskra: The North Carolina Department of Environmental Quality (DEQ) Brownfields Program has received and reviewed your March 20, 2019 Brownfields Property Application (BPA) submitted by TDC 77 Center Drive II, LLC as a Prospective Developer seeking a Brownfields Agreement at the 2.4-acre property at 5501 Seventy -Seven Center Drive. Upon review of the BPA with respect to the requirements of the Brownfields Property Reuse Act of 1997, DEQ has determined that the Prospective Developer and property are eligible for entry into the North Carolina Brownfields Program (NCBP) and for continued evaluation under a Brownfields Agreement (BFA). During review of your application, DEQ Brownfields came to understand that the subject property is immediately adjacent to the existing Brownfields Property known as Seventy -Seven Center Drive (BF Project No. 16048-12-060) which is also owned by TDC 77 Center Drive II, LLC. Therefore, DEQ Brownfields is approving eligibility for this property as an amendment to the existing Brownfields Project Number 16048-12-060. The next step in the amendment process will involve a detailed review of available environmental and other relevant data to determine what is currently known about contamination at the Brownfields Property, and what, if any, information gaps may exist that may require additional assessment. We are in receipt of the following document submitted with your BPA: -Report I Pre ared B Date Phase I ESA Draft BBG Assessments, LLC Febru 19, 2019 If available, historical Brownfields Property 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 North Carolina Department of Environmental Quality I Division of Waste Management 217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646 919.707.8200 Seventy -Seven Center Drive August 20, 2019 Page 2 other DEQ agencies or regional offices. We will contact you regarding any additional assessment that may be necessary to establish that the Brownfields Property is or can be made suitable for the intended reuse, as required by statute. According to the BPA, the land uses are consistent with those outlined in the Seventy -Seven Center Drive Notice of Brownfields Property. 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 the amendment, NCBP eligibility is provisional. The protections a BFA offers the Prospective Developer are not in effect, unless and until, the BFA, or in this case the amendment, is executed. If you occupy the Brownfields Property or operate or conduct activities at the Brownfields Property that result in a release of regulated substances before the amendment has been finalized for the Brownfields Property, you may be considered to have caused or contributed to contamination at the Brownfields Property. Because an entity that could be considered to have caused or contributed to contamination at the Brownfields 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 Brownfields Property with great care not to cause a release of regulated substances at the Brownfields Property that could jeopardize your eligibility for participation in the NCBP. If a party other than TDC 77 Center Drive II, LLC 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 amendment is 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 amendment taking effect. We are excited about the potential for public benefit offered by the reuse of the Seventy -Seven Center Drive 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 (Joselyn Harriger) by phone at 704-235-2195, or by e-mail at Joselyn.Harriger a,ncdenr. og_v . Sincerely, Bruce Nicholson Brownfields Program Manager ec: Michael E. Scott, DEQ Joselyn Harriger, DEQ