19053_Point_Five_Goldsboro_LOE_20150923

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Sent Via USPS and email
Susan Poissant
Point Five Goldsboro
7075 Manlius Center Road
East Syracuse, NY 13057
[e-mail]
Subject: Letter of Eligibility
September 23 , 2015
Point Five Goldsboro, LLC
501 & 503 North Berkeley Boulevard
Goldsboro, Wayne County
Brownfields Project Number 19053-15-096
Dear Ms. Poissant:
Donald R. van der Vaart
Secretary
The North Carolina Department of Environment and Natural Resources (DENR) has
received and reviewed your July 30,2015 Brownfields Property Application (BPA) submitted by
yourself 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, DENR 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 BFA 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
ofthe following documents submitted with your BPA: Phase I Environmental Site Assessment
Report, Phase II Environmental Site Assessment Report, Site Check Repot and Limited Site
Assessment Report. If available, historical site information from the files ofDENR'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 DENR 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.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] I Internet: www.ncdenr.gov
An Equal Opportunity \Affirmative Action Employer-Made in part by recycled paper
Point Five Goldsboro, LLC
According to the BP A, the intended redevelopment for the site is to transform the property
into commercial restaurant and retail space. Because risk management decisions may vary
depending on the nature of the redevelopment, it will be important that DENR 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 BFA, NCBP eligibility is provisional. The
protections a BFA offers the Prospective Developer are not in effect, unless and until, the BFA 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 BFA 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 Ms. Susan Poissant 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 DENR 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.
We are enthusiastic about the potential for public benefit offered by the reuse of the current
gasoline station and former automobile dealership facilities, 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: Bruce Nicholson, DENR
Lebeed Kady, DENR
JeffTyburski, McAdams Company
SincereJJ, ~/) ~ TX ~J?: vu
Michael E. Sc tt, Deputy Director
Division ofWaste Management