20076_Maiden_Lane_LOE_20161110

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
Waste Management
ENVIRONMENTAL QUALITY
MICHAEL SCOTT
Sent Via USPS and email
Todd Harrelson
LG Oberlin, LLC
2301 Cedar Springs Road, Suite 200
Dallas, TX, 75201
[e-mail]
Subject: Letter of Eligibility
November 10, 2016
Maiden Lane Property Assemblage
14/16 & 20 Enterprise Street; 6/8/12/16/5/7/9/11/13/15 & 20 Maiden Lane;
303 & 305 Oberlin Road
Raleigh, Wake County, NC
20076-16-092
Dear Mr. Todd Harrelson:
Director
The North Carolina Department of Environmental Quality (DEQ) has received and
reviewed your September 21, 2016 Brownfields Property Application (BPA) submitted on behalf
of LG Oberlin, 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 (BFA).
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 your BPA. 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.
State of North Carolina I Environmental Quality I Waste Management
1646 Mail Service Center 1217 West Jones Street I Raleigh, NC 27699-1646
919 707 8200 T
LG Oberlin, LLC
11/10/2016
Page2
According to the BP A, the intended redevelopment for the site is residential and includes
the construction of a three story apartment community and a parking deck. 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 N CBP.
If a party other than the LG Oberlin, 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 BF A taking effect.
We are excited about the potential for public benefit offered by the reuse of the Maiden
Lane Property Assemblage 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
[phone], or by e-mail at [e-mail].
ec: Central Files, DEQ
Michael E. Scott, DEQ
Lebeed Kady, DEQ
Sincerely,
~
Bruce Nicholson
Brownfields Program Manager
Brian Nicholson, Leon Capital Group