09040_WilmingtonConvention_InspectionReport 8-28-2015

Date of visit:8/28/2015 1
Time:1:50 PM
On-site
BF staff:Personnel:
1)Industrial Commercial Institutional Recreation/Festival Residential Mixed Use Vacant
2)New
3)
4)
5)
6)None
7)
8)
9)Unknown
10)
Structures on property:
Vapor Mitigation:
Use of Basements:
Exposed Soils:
Storage of Chemicals:
Use of surface water or
groundwater:
Last LURU received:
Condition of GW Monitoring
Wells:
Vapor mitigation systems are not required at this project.
Use of groundwater or surfacewater was not observed.
Exposed soils were not observed. Hotel portion of property is undeveloped at this time (see
attached photos). Areas of Contaminated Soil are properly maintained per LUR 4.
Prohibited bulk chemical storage (Petroleum Fractions) was not observed.
Property is open to public ingress and egress. Portion of property also constitutes part of the
Wilmington River Walk.
Sawmill Point Investors - 1/28/2015; Wilmington Convention Hotel - None
Property is currently developed into a convention center complex with plans to
construct a conjoined multi-story high-rise hotel.
Basements were not observed on the property.
No monitoring wells observed during this site visit.
Exposure to Public:
Current use of property:
Project name:Inspection Area
David Peacock
Map Location Source:BFA Site & Boundary Layers
2015-06-01
Wilmington Convention Center
07002-03-065
525 Nutt Street
Project number:
Project address:
Project county:New Hanover
None
Brownfields Program
Site Inspection Sheet
County Verified by:ROD on-line or ROD office
Instrument book page rec. date
5231 634 - 668 9/14/2007
52 13 9/14/2007
4912 2600 - 2612 9/30/2005
5385 2609 - 2614 3/10/2009
5498 196 - 198 7/16/2010
Tract
No.book page date
3R
&
2B
4912 2595 - 2599 9/30/2005
2A 5854 2936 - 2941 12/3/2014
Tract
No.
Property
occupants contact city state zip
3R SMG (management)[phone]
[phone]
West
Conshohocken PA 19428
PD: City of Wilmington
NCGS 130A-
310.35(d) compliantCurrent owner deed
YES
Wilmington Convention Hotel, LLC
1300 Diamond Springs Rd., Ste. #204
Virginia Beach, VA 23455
Reverse Party: City of Wilmington
N/A
address
300 Conshohocken State
Rd., Ste. 450
Easement
note
New Hanover
PD: City of WilmingtonBF NBP
Convention Center "Tract 3R (Revision)" 9.22ac & "Tract 4R
(Revision)" 7.48ac
Progress Energy; not NCGS 130a-310.35(d) compliant
BF Plat
Declarations
Wilmington Conv. Center Subdivision "Tract 2; Lots 2A & 2B"Declarations
Register of Deeds
Inspector Comments
Additional information about the convention center can be found at: http://www.businessmadecasual.com/
No LUR issues observed on-site. Wilmington Convention Hotel, LLC has not submitted their 2015 LURU as of this inspection. However, I have
sent correspondence to the City (see attachments) about the LURU discrepancy requesting additional contact information for the new owner.
note
Reverse Party: River Ventures, LLC
Tract 3R(Revision) 9.22ac
www.smgworld.com
web
City of Wilmington
P.O. Box 181
Wilmington, NC 28402
Photos
Tr
a
c
t

2
A

1.August 27, 2015 e-mail correspondence to the City of Wilmington.
Attachments
From:Peacock, David
To:"Roger Johnson"
Cc:Mike Naklicki
Subject:RE: Brownfield Notification (Wilmington Convention Center)
Date:Thursday, August 27, 2015 6:12:00 PM
Roger:
Our program did receive an LURU in January for the portion owned by the City. However, I’m not
sure as to any dialog with reference being made to December 1st. Below is an excerpt from the
recorded Notice of Brownfields Property containing the LURs, specifically LUR 16 (also paragraph
18.p of the agreement) pertaining to the annual certifications:

16. During January of each year after the year in which this Notice is recorded, the
then current
owner of any part of the Brownfields Property shall submit a notarized Land Use
Restrictions Update to
DENR certifying that this Notice remains recorded at the New Hanover County Register
of Deeds office, that
the land use restrictions are being complied with, and that, in the areas denominated
''Soil Contamination''.
on the plat component of the Notice of Brownfields Property, any and all asphalt or
concrete covers have
been inspected at least quarterly and are in good repair.

Going by the Notice’s language above, all owners as of January should submit a LURU for the
portions that they own.

Please forward this information to Wilmington Convention Hotel, LLC so that a LURU can be
promptly submitted.

Thank you for your help with this.

David Peacock
Brownfields Program NC Division of Waste Management
Mail Service Center 1646Raleigh, NC 27699-1646(910)796-7401 office | [phone] [e-mail] Brownfields LURU forms: http://portal.ncdenr.org/web/wm/bf-lurusBrownfields Projects Map: http://portal.ncdenr.org/web/wm/bf/map Email correspondence to and from this address is subject to the North Carolina Public Records Law and
may be disclosed to third parties unless the content is exempt by statute or other regulation.

From: Roger Johnson [mailto:[e-mail]] Sent: Thursday, August 27, 2015 5:05 PM
To: Peacock, DavidCc: Mike NaklickiSubject: RE: Brownfield Notification (Wilmington Convention Center)

David-

As I recall, we discussed this situation before submitting the LURU (at least I think we did). If
memory serves, we jointly determined that the sale of a portion of the entire parcel (with Harmony
Hotels) happened after December 1st. As a result, we (City) submitted the LURU for the entire
parcel. Please advise if we need to take further action…..Best regards, Roger

From: Peacock, David [mailto:[e-mail]]
Sent: Friday, August 21, 2015 3:08 PM
To: Roger Johnson <[e-mail]>
Cc: Watson, Samuel <[e-mail]>
Subject: RE: Brownfield Notification (Wilmington Convention Center)

Mr. Johnson,

In January we received a LURU from the City of Wilmington (Mr. William Wolak) and the deed
transferring the property as you stated concerning the Wilmington Convention Center project.
Unless the City would like to send something on letterhead, the e-mail notification received in
January from you suffices for the notification requirement stipulated in paragraph 32 of the
recorded brownfields agreement. Paragraph 32 of the BFA states:

32. No later than fourteen (14) days prior to any transfer or assignment by Prospective Developer of any interest in the Property, Prospective Developer shall provide in
writing to DENR the transferee or assignee's name, mailing address, telephone and facsimile numbers, and e-mail address.

However, if known, I would like to request a telephone number, e-mail address and the name of the
contact person for Wilmington Convention Hotel, LLC. We have yet to receive a 2015 LURU form
from this entity and I would like to send them notification of that deficiency.

Sincerely,

David Peacock
Brownfields Program
NC Division of Waste Management
Mail Service Center 1646
Raleigh, NC 27699-1646
[phone] office | [phone] [e-mail] Brownfields LURU forms: http://portal.ncdenr.org/web/wm/bf-lurusBrownfields Projects Map: http://portal.ncdenr.org/web/wm/bf/map Email correspondence to and from this address is subject to the North Carolina Public Records Law and
may be disclosed to third parties unless the content is exempt by statute or other regulation.

From: Roger Johnson [mailto:[e-mail]] Sent: Thursday, August 20, 2015 4:05 PMTo: Peacock, DavidCc: Phil Prete; Tony CaudleSubject: Brownfield Notification

David-

My records indicate that the City of Wilmington notified DENR about a change of ownership (sell) for
a Brownfield site (attached deed) on January 20th (during the LURU process). I was asked to
ensure the City complied with DENR notification requirements. Was the communication on January
20th sufficient or does the city need to take further action?
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.
E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.