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HomeMy WebLinkAbout19067_Gateway Plaza_L_VI Compliance_20200728ROY COOPER Governor MICHAEL S. REGAN Secretary MICHAEL SCOTT Director Sent Via E-mail Seby Russell Jones c/o Henry Ward Elixir Retail Partners, LLC 821 Wake Forest Road Raleigh, NC 27604 henryklodenproperties.com NORTH CAROLINA Environmental Quality July 28, 2020 Subject: Vapor Mitigation Compliance Review Gateway Plaza Shopping Center 2409-118 Crabtree Boulevard Raleigh, Wake County Brownfields Project No. 19067-15-092 Dear Mr. Jones & Mr. Ward: The North Carolina Department of Environmental Quality (DEQ) Brownfields Program has recently negotiated a Brownfields Agreement (BFA) with Elixir Retail Partners, LLC for the above -referenced property. Although not yet recorded, the language of the BFA has been accepted by DEQ and the Prospective Developer, Elixir Retail Partners, LLC as of July 17, 2020. Although there yet could be minor editorial changes to the language, substantial modifications to this BFA are not anticipated at this time. As part of our data and risk evaluation for this BFA, we received and reviewed the reports titled Sub -Slab and Indoor Air Assessment Report, Gateway Plaza (Mid -Atlantic Associates, August 28, 2019) and Supplemental Sub -Slab and Indoor Air Assessment Report, Gateway Plaza (Mid -Atlantic Associates, October 1, 2019) submitted on your behalf by Mid - Atlantic Associates, Inc. The DEQ Brownfields reviewed the sub -slab and indoor air analytical data provided in the above -referenced reports, including comparisons to the chlorinated solvent contaminants that stem from the former drycleaning operations affecting different units at the Brownfields Property, and evaluated the analytical data using the DEQ Risk Calculator. DEQ Brownfields has determined with respect to the unit of the existing building referred to as Space 1 in the above -referenced reports that data collection in Space 1, which is proposed NORTHC�NA Oepi�pngM p! EmlrpnmenGl 9vallry 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 Gateway Plaza July 28, 2020 Page 2 for drop -in childcare use as defined by Land Use Restriction 15.a.xii. of the negotiated BFA, and subsequent data analysis, including the calculation of carcinogenic and noncancer risk values adjusted for attenuation factors, comply with Land Use Restriction 15.h.i.1. of the negotiated BFA, in that the Prospective Developer has demonstrated that Space 1 in the existing building is or would be protective of its users, public health and the environment from risk of vapor intrusion. Please be advised that this letter from the DEQ Brownfields Program refers only to those risks specifically associated with vapor intrusion, and not with indoor air impacts from other potential sources, and does not waive any applicable requirement to obtain any necessary permits, licenses or certifications which may be required from other state or local entities for drop -in childcare uses. If you have any questions, please feel free to contact me at 919-707- 8379, or via email at sharon.eckardnncdenr.gov. Sincerely, Sharon Poissant Eckard Brownfields Eastern District Supervisor ec: Bruce Nicholson, Brownfields Darin McClure, Mid -Atlantic Katie Lippard, Mid -Atlantic Billy Meyer, DSCA