18011_French Broad River Academy_LOE-OCR

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Sent Via E-mail and USPS
Mr. Will Yeiser
French Broad River Academy
191 Lyman Street Suite 316
Asheville, NC 28804
[e-mail]
Subject: Letter of Eligibility
April 14, 2014
French Broad River Academy
Asheville, Buncombe County
Brownfields Project Number: 18011-14-11
Dear Mr. Yeiser:
John E. Skvarla, Ill
Secretary
The North Carolina Department of Environment and Natural Resources (DENR) has
received and reviewed your March 14, 2014 Brownfields Property Application (BPA) submitted on
behalf of French Broad River Academy, as a Prospective Developer seeking a brownfields
agreement regarding the subject site. Upon review of the application 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
reports 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. To date
DENR has received the Phase I/Phase II Environmental Site Assessment, dated December 16, 2013,
by Brooks Engineering Associates, P.A. DENR has also received the topo map, survey, and site
plan. If there is any additional information or data you may have or can acquire for our evaluation
please submit that as well. This should include reports from other DENR agencies or regional
offices such as historical site information from the files ofDENR's Division of Waste Management.
Please coordinate the submission of any additional reports or data with your Project Manager, Tracy
Wahl at [e-mail] or by phone at 828-251-7465.
According to the BP A, French Broad River Academy, intends to acquire the property to
redevelop it for a campus for the French Broad River Academy, a middle school for boys. Thank
you for providing the proposed site plan, our risk management decisions may vary depending on the
nature of the redevelopment, it will be important that DENR review the locations of these various
elements. If any alterations are envisioned please provide them as soon as possible.
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] \Internet: www.ncdenr.gov
An Equal Opportunity I Affirmative Action Employer -Made in part by recycled paper
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 executed. Thus, you
operate at the site pending conclusion of a Brownfields Agreement at the risk of jeopardizing your
eligibility and/or becoming a party responsible for the contamination at the site if an agreement is
not finalized. Consult closely with your Project Manager regarding any planned site activities prior
to agreement finalization. If a party other than the Prospective Developer 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 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 delay, and could prevent, the Brownfields
Agreement taking effect.
This is an exciting project along the French Broad River. DENR looks forward to working
with you towards its successful completion. If you have questions about this correspondence or
require additional information, please feel free to contact Tracy Wahl, your Project Manager, at
(828-251-7465) or via email at [e-mail] .
Sfficert ct----Lffi~ Culpepper, Deputy Director
Division of Waste Management
NCDENR
cc: Project File
ec: Bruce Nicholson, DENR
Tracy Wahl, DENR