26086_Asheville Mall Sears_NFI Letter_20240628

ROY COOPER
Governor
ELIZABETH S. 6ISER
Secretary
MICHAEL SCOTT
Director
Sent Via Email
Joe Teague
MCG Asheville Owner, LLC
6805 Carnegie Blvd, Suite 120
Charlotte, NC 28211
ioe(c madisoncapgroup.com
NORTH CAROLINA
Environmental Quality
June 28, 2024
Subject: Change to No Further Interest Status
Asheville Mall Sears
1 South Tunnel Road
Asheville, Buncombe County
Brownfields Project Number 26086-22-011
Dear Mr. Teague:
Thank you for your initial interest in the North Carolina Brownfields Redevelopment
Section for the above -referenced Brownfields Property. On March 4, 2024, we received notice
via email from Ross Rabun, Executive Managing Director, that MCG Asheville Owner, LLC,
the Prospective Developer (PD) of record, will no longer be moving forward with redeveloping
the property. Given this information, the North Carolina Department of Environmental Quality
(DEQ) has changed the status of the referenced Brownfields Property from "Active Eligible" to
"No Further Interest" (NFI).
Although its previous brownfields active eligible status did not preclude a DEQ cleanup
program from seeking assessment or cleanup from parties responsible for the contamination on
the above -referenced property, this change to NFI status also removes you as an applicant PD
from any statutory environmental liability protections offered to a brownfields prospective
developer. While this status change to NFI does not automatically make you a responsible party,
depending on your status as a responsible party under applicable law, various DEQ programs
may or may not seek your cooperation in addressing this site at a future date.
Also, if you are an owner of the site and are aware of contamination that exists on the
property, you may have statutory obligations to provide notification of a contaminated site to
DEQ's Inactive Hazardous Sites Branch. For more information about how to accomplish this,
you may contact Janet MacDonald at [phone] or view their web site at
hgps:Hdeq.nc.gov/about/divisions/waste-management/waste-mana ement-permit-
guidance/inactive-hazardous-sites-site-notification-requirements.
If you feel this information is not complete or accurate, please contact us to discuss
further. This Brownfields Property remains a good candidate for the Brownfields Redevelopment
,e,D� �� 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
nw�arH cfwourw �
R.d..a....� !. Q 919.707.8200

Asheville Mall Sears
June 28, 2024
Page 2
Section. If in the future, you or some other developer desires to pursue a Brownfields Agreement
on this Brownfields Property, please submit a Brownfields Property Application and signed
affidavit. We appreciate your assistance in this matter.
If you have questions about this correspondence or require additional information, please
feel free to contact me by phone at 828-251-7440 or by e-mail at kris.riddlendeq.nc.gov.
Sincerely,
I<_ R-"&
Kris Riddle, Project Manager
Brownfields Redevelopment Section
Division of Waste Management
ec: Central Files, DEQ
Tracy Wahl, DEQ
Bruce Nicholson, DEQ
Janet Macdonald, DEQ
Ross Rabun, Madison Capital Group
Anthony Monk, Summit ELT, Inc.
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
Moan-icwauru '��� �/
NpartneMaf EnAmn MI Oualtty 919.707.8200