10040_Almont Shipping-NWP_LOE for Amdendment_2020.03.02

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Sent Via E-Mail
Sterling Cheatham, City Manager
City of Wilmington
P.O. Box 1810
Wilmington, North Carolina
Sterling. [e-mail]
NORTH CAROLINA
Environmental Quality
March 2, 2020
Subject: Letter of Eligibility for Amendment
Almont Shipping -New, North Waterfront Park Right of Way Amendment
Old Front Street Right of Way between Harnett and Cowan Streets
Wilmington, New Hanover County
Brownfields Project Number 10040-06-065
Dear Mr. Cheatham:
The North Carolina Department of Environmental Quality (DEQ) has received and
reviewed your February 7, 2020 Brownfields Property Application (BPA) Amendment Request
submitted by Eric Lappala of Eagle Resources, P.A. as a Prospective Developer seeking an
amendment to the brownfields agreement regarding the Brownfields Property. Upon review of
the BPA Amendment Request 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 Amendment. During review of your application, the DEQ Brownfields Program
came to understand that the subject property is immediately adjacent to the existing Brownfields
Property known as Almont Shipping — New (BF Project No. 10040-06-065), of which the certain
parcels located adjacent to the subject property are also owed by the City of Wilmington.
Therefore, the DEQ Brownfields Program is approving eligibility for this property as an
amendment to the existing Brownfields Project Number 10040-06-065.
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 Brownfields Property, 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:
Re -natal ��>!°?sti:rs�m+ac:s�f Ou.gTY
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street { 1646 Mail Service Center Raleigh, North Carolina 27699-1646

Mr. Sterling Cheatham, City Manager
March 2, 2020
Page 2
Report
Prepared By
Date
Report of soil and groundwater testing in
Eagle Resources, P.A.
June 25, 2019
sanitary sewer relocation corridor, North
Waterfront Park
Analysis Results for Groundwater
Eagle Resources, P.A.
Data from June
Samples Old Front Street Right of Way
and August
Data Tables Only)
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 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. This action
may also involve a fee for completion of this amended agreement equal to the cost of the state
for this amendment process. Such a fee will be put into amendment language and discussed with
you prior to completion and recordation of the amendment.
According to the BPA, the land uses are consistent with those outlined in the Almont
Shipping New 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 property or operate or conduct
activities at the Brownfields Property that result in a release of regulated substances before a
BFA 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 property that could jeopardize your eligibility for participation in the NCBP.
If a party other than the City of Wilmington 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 amendment taking effect.

Mr. Sterling Cheatham, City Manager
March 2, 2020
Page 3
We are excited about the potential for public benefit offered by the reuse of the North
Waterfront Park 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 Samuel P. Watson by phone at 910-
796-7408, or by e-mail at [e-mail].
Sincerely,
Bruce Nicholson
Brownfields Program Manager
ec: Samuel Watson, DEQ
Eric Lappala, Eagle Resources