20013_Kinston_Shirt_LOE_20160301

PAT MCCRORY
Governor
DONALD R. VAN DER V AART
Waste Management
ENVIRONMENT A\. QUALITY
Sent via USPS and email
Tony Sears
The City of Kinston
207 East King Street
Kfoston, NC 28502
[e-mail]
Subject: Letter of Eligibility
Kinston Shirt Factory
March 1, 2016
E King Street, E Caswell Street, and Dr. Martin Luther King Jr. Boulevard
Kinston, Lenoir County
Brownfields Project Number 20013-16-054
Dear Mr. Sears:
Secret01y
MICHAEL SCOTT
Acth1g Dfrec/01·
The North Carolina Department of Environmental Quality (DEQ) has received and reviewed your
January 19, 2016 Brownfields Property Application (BPA) submitted by Adam Short ofl11c City of Kinston on
behalf of The City of Kinston as a Prospective Developer seeking a brown fields agreement regarding the
subject site. Upon review of the BPA with respect to the requisements of the Brown fields 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 enviromnental and other
relevant data to determine what is currently !mown about contamination at the site, and what, if any,
infonnation gaps may exist that may require additional assessment. We are in receipt of the following
documents submitted with your BP A:
Title Prepared By Date
Tank Closme UTTS Environmental October 19, 1993
Initial Abatement Measures, UTTS Environmental February 17, 1994
Site Check and
Characterization
Comprehensive Site UTTS Environmental June 7, 1995
Assessment
NFA NCDENR November 2, 2000
Well Abandonment Report NESCO April 12,2001
Phase I ESA Mid-Atlantic Associates, Inc. July 27, 2015
.Stale of North Carolina I Envirorunell131 Quality· Waste \'fanagcmvnt
1646 Mail Service Center I 217 West Jone~ Street Raleigh, '-IC 27699-1646
919 7078200 T
Kinston Shirt Factory
March I, 2016
Page2
If available, historical site information from the files of DEQ's Division of Waste Management will also
be utilized during the evaluation process. Please forward any additional infonnation 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 mixed used to include residences and
shops (a grocery store and pharmacy). 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 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 BF A
has been finalized for the property, you may be considered to have caused or cont:J.ibuted to contamination at the
property. Because an entity that could be considered to have caused or contributed to contamination at the
prope1ty cannot be a Prospective Developer m1der the Act, your eligibility for pmticipation 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 The City of Kinston will own the Brown fields 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 patty (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 Kinston Shirt Factory
site, and look forward to working with you to advance this brownfields redevelopment project. If yot1. have
questions about this correspondence or require additional information, please feel free to c-0ntact the project
manager Lebeed Kady by phone at 919-707-8378 or by e-mail at [e-mail].
ec: Central Filing, DEQ
Bruce Nicholson, DEQ
Lebeed Kady, DEQ
Sharon Eckard, DEQ
Sincerely,
Michael E. Scott, Acting Director
Division of Waste Management
Darin McClure, [e-mail]