14007 Bloom LOE 20100617

NA

NCDENR

June 17.2010
Sent Via E-mail
John Mallon
Bloom Industrial LLC
815 Graham Street
Emporia, Kansas 66801
jmallol1 u cabkol1c.l1ct
Subject: Letter of Eligibility
Bloom Industrial, LLC
300 and 3100 Stitt Street
Brownfields Project Number 14007-10-60
Dear Mr. Mallon:
The North Carolina Department of Environment and Natural Resources (DENR) has received and
reviewed the March 25, 2010 Brownfields Property Application (BPA) submitted for Bloom Industrial,
LLC, as a Prospective Developer seeking a brownfields agreement regarding the subject site. Upon review
of the BPA 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 and for
continued evaluation for a Brownfields Agreement.
The next step in the 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:
Title Prepared by Date ofReport
Phase I Environmental Site Assessment Environmental Management Inc. March 25,2010
CD compiled of various environmental
reports and correspondence
Various Various
I
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.
One . NorthCarolIna
;Vall/rallll
Mr. Mallon
June ]7,2010
Page 2 of2
According to the BPA, the intended redevelopment for the site is industrial. 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. Also: Pending execution of a Brownfields
Agreement eligibility is provisional. You do not have the protections such an agreement offers unless
and until it is cxecuted. Thus, you opcrate at the site pending conclusion of a Brownflelds Agreement at
the risk ofjeopardizing your eligibility and/or becoming a party responsible for the contamination at the
site if an agreement is not finalized. This makes it very much in your interest to consult closely with
Carolyn Minnich regarding any planned site activities prior to agreement finalization.
If a party other than the Prospective Developer will own the Brown±ields 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 the Prospective Developer but by that owner. Failure by the
Prospective Developer to ensure, by the time Brownfields Agreement negotiations are complete. the
willingness to sign of any such party, and to provide DENR the exact name. e-mail address, telephone
number and U.S. mail address of the party (along with signatory/signatory's title in the case of an entity)
will retard, and could prevent, the Brownfields Agreement taking effect.
If the Prospective Developer does not actually buy the propcrty for redevelopmcnt. it loses its
eligibility for the Brownfields Program. That means the Prospective Developer itself, not an affiliate or
any other party.
If you have questions about this correspondence or require additional information, please feel free
to contact Carolyn by phone at 704/661-0330, or bye-mail at ~:Llr~)b-11:IlliLlI1Lch(II1~1l1LliLlll:~(.
Sincerely,
1\ (. cl-­
Linda M. Culpepper
Deputy Director
Division of Waste Management
cc: Central Files
ec: Bruce Nicholson, Brownfields Program Manager
Rob Gelblum. Special Deputy Attorney General
Carolyn Minnich, NCDENR
Michael McGill, Cll\m0.111l II pi:--;ilh.!1":1