University Ford_LOE_20160919

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Waste Management
ENVIRONMENTAL QUALITY
Sent Via USPS and email
Michael Goodmon
601 Willard Street Acquisition, LLC
300 Blackwell Street, Suite 104
Durham, NC 27701
[e-mail]
Subject: Letter of Eligibility
University Ford
601 Willard Street
Durham, Durham County
September 19, 2016
Brownfields Project Number 20065-16-032
Dear Mr. Goodmon:
Secretary
MICHAEL SCOTT
Director
The North Carolina Department of Environmental Quality (DEQ) has received and
reviewed your August 22, 2016 Brownfields Property Application (BPA) and September 16,
2016 revised BP A submitted by Cheryl Moody of Atlantic Shores Environmental Services, Ltd.
on behalf of 601 Willard Street Acquisition, LLC as a Prospective Developer seeking a
brownfields agreement regarding the subject site. Upon review of the BP A 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 (BF A).
The next step in the BF A 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 BP A:
Title Prepared By
Phase I ESA -University Ford Environmental Investigations
Phase II Limited Site
Assessment -University Ford Environmental Investigations
State of North Carolina I Environmental Quality I Waste Management
1646 Mail Service Center I 217 West Jones Street I Raleigh, NC 27699-1646
919 707 8200 T
Date of Report
August 15, 2000
April20,2005
University Ford
September 19, 2016
Page2
Phase I ESA
Title
Report of Asbestos Survey
Report of Limited Phase II ESA
Prepared By Date of Report
Atlantic Shores Environmental May 26, 2016 Services, Ltd.
Atlantic Shores Environmental July 26, 2016 Services, Ltd.
Atlantic Shores Environmental August 8, 2016 Services, Ltd.
If available, historical site information from the files ofDEQ'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 BP A, the intended redevelopment for the site is to be determined and
may include some combination of offices, retail, multi-family residential, institutions, medical
office, medical lab, civic space, entertainment venues, hotel, restaurant, parks, open space and
other commercial uses. 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 BF A, NCBP eligibility is provisional. The
protections a BF A offers the Prospective Developer are not in effect, unless and until, the BF A 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 BF A 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 601 Willard Street Acquisition, 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 BF A 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.
601 Willard Street
September 19, 2016
Page3
We are very excited about the potential for public benefit offered by the reuse of the
University Ford 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 Lebeed Kady by phone at 919-707-
8378 or by e-mail at [e-mail].
ec: Central Files, DEQ
Michael E. Scott, DEQ
Lebeed Kady, DEQ
~~
Bruce Nicholson
Brownfields Program Manager
Cheryl Moody, Atlantic Shores Environmental Services, Ltd.