21016_500_W_Fifth_St_IN_20170323

From:Eckard, Sharon
To:Aja, Deborah; Alexander, Delonda; Aycock, Leslie C; Bailey, Bradley; Barnhardt, Art; Bateson, James; Booe,Steve; Bradford, Teresa; Bullock, Scott; Burch, Brent; Burnette, Mark; Caulk, Kim; Day, Collin; Doorn, Peter;Foster, Anthony; Gallagher, Tony; Goldman, Heather; Hammonds, Andrew; Hunneke, William F; Jackson, Vance;Jesneck, Charlotte; Kromm, Carin; Lawrence, Ernest; Lorscheider, Ellen; Lown, David; Marks, Cheryl; Martin,Andrew; Mccarty, Bud; Menzel, Jeff; Morris, Sean; Mussler, Ed; Nelms, Robert; Orozco, Phil; Patterson, Jenny;Phelps, Michael; Powers, Mark; Qi, Qu; Randolph, Wayne; Strauss, Ruth; Swope, Eric; Taraban, Ron; Walch,John; Walker, Jenne; Watkins, Jason; Woosley, Julie
Cc:Liggins, Shirley; Edwards, Caroline; Nicholson, Bruce; Scott, Michael; Kritzer, Jamie
Subject:Initial Notification of a Brownfields Property Application, Winston-Salem, NC
Date:Thursday, March 23, 2017 5:50:42 PM
Attachments:image001.png
To DEQ Cleanup Programs:
This is an internal courtesy notice to inform your program that the DEQ Brownfields Program has
received a Brownfields Property Application submitted by Flow 500 West Fifth, LLC as the
Prospective Developer (PD) seeking entry into the Brownfields Program for the following property:
Site Name: Restoration on West 5th
Addresses and Tax IDs:
Parcel ID Address
6835-07-8198.00 500 W 5th Street
6835-07-9068.00 418 N Spruce Street
6835-06-9978.00 501 W 4th Street
6835-06-6937.00 601 W 4th Street
6835-07-7203.00 W 5th Street
6835-07-6222.00 W 5th Street

City/County/Zip: Winston-Salem/Forsyth/27101
BF Project Number: 21016-17-34
AKA: (Give other regulatory site name(s), if applicable): Former GMAC Bldg & surrounding lots
Known Identifying Numbers from: e.g. APS, DWQ, UST, SF, HW
NCD#: UST # 8943 & 30480
GW Incident #: none
Others? none
Map link: https://goo.gl/maps/pgvYjoCEFVS2

The past use of this property includes three commercial buildings, former residential, religious,
tobacco, and automotive uses, including a former gasoline station dating back to the 1950s. Current
use for a portion of the property includes a parking deck with commercial/retail space. Planned
reuse is for a mixed use including high density residential, commercial/retail, office space and
parking. Please note that this is the third Brownfields Property Application for this property. The
first PD, Grubb Properties received a no further interest letter for the property in 2016. The second
PD, PMC Property Group, received a no further interest letter for the property January 25, 2017.

We are now evaluating Flow 500 West Fifth, LLC for eligibility for entry into the Brownfields
Program, as the property has already been deemed eligible previously. Under the Brownfields
Property Reuse Act, only entities that did not cause or contribute to the contamination at the
property are eligible to enter the program. The applicant PD listed below have asserted that: 1.)
they have not caused or contributed to the contamination at the property, and 2.) they have
substantially complied with laws, regulations, and rules for the protection of the environment. If you
have any information to suggest otherwise, please provide that information to me at
[e-mail] or 919-707-8379 by March 31, 2017.
Information regarding the applicant PD is as follows:

Donald E. Flow
1425 Plaza Drive
Winston-Salem, NC 27103
336-760-7063 phone
336-760-5163 fax
[e-mail] email
http://www.flowauto.com website

PD Contact
Stephen R. Berlin
Kilpatrick Townsend & Stockton LLP
1001 W Fourth Street
Winston-Salem, NC 27101
336-607-7304 phone
336-734-2614 fax
[e-mail] email

A Brownfields Agreement (BFA) has no legal effect on your agency's authority to regulate or
enforce against any and all parties who caused or contributed to the contamination at the
property. In fact, the BFA will require the developer to provide access to the property to any
party doing work under any DEQ program.

A BFA provides liability protection only to a non-causative redeveloper of the property. The
developer will be required to make the property safe for its intended re-use. Cleanup to
unrestricted use standards will not be required unless deemed necessary based on the
developer's proposed use of the property. Furthermore, the BFA will not change the developer's
responsibility to obtain any and all DEQ permits (e.g. storm water, sediment control, NPDES, etc.)
as required under applicable law.
If you have any questions, please don't hesitate to contact me.

Thank you,
Sharon

Sharon Poissant Eckard, PG
Eastern District Supervisor
Division of Waste Management – Brownfields Program
NC Department of Environmental Quality

919.707.8379 direct line & fax
[e-mail]

217 W. Jones Street
1646 Mail Service Center
Raleigh, NC 27699-1646

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.