Public Notice

Public Notice State of Tennessee Department of Environment and Conservation Division of Remediation Notice of an Approved Administrative Settlement Pursuant to 42 U.S.C. § 9613(f) Brownfield redevelopment of 5049 Summer Ave., Memphis Site # 79-1004 The Division of Remediation ("DoR") has accepted into its Brownfield Program an approximate 0.67-acre parcel of property to facilitate redevelopment of the Site by MM Memphis Cloverleaf LLC (the "Voluntary Party"). The Brownfield Voluntary Agreement ("Agreement") between the Voluntary Party and DoR includes liability protection for the Voluntary Party and any successor parties, including protection against third-party contribution claims regarding matters identified and addressed in the Agreement. This notice serves the dual purpose of notice of the terms of the Agreement to the public and to third parties who may hold contribution claims under 42 U.S.C. § 9613 (f). The Site consists of a parcel with the address 5049 Summer Avenue, which has been assigned site number 79-1004. Based on review of historical resources, the Site was historically used as a gasoline station from at least 1963 to the mid- 1970s, prior to regulatory requirements for closure. The Site was developed in 1974 with a one- story bank and office building and associated drive-through canopy that is currently vacant. Based on studies conducted by the Voluntary Party, arsenic was detected in soil samples above the EPA regional screening levels ("RSLs") for residential use, but below background levels. Groundwater assessment activities identified arsenic above EPA RSLs for tapwater. Investigations of soil gas have revealed no volatile organic compounds at levels that would require mitigation for the Voluntary Party's planned reuse in accordance with DoR standards. The Site will be reused for commercial purposes, initial utilizing the existing single building. The Site has been the subject of environmental investigations, the results of which have been reviewed by DoR. All reports of the investigation and remediation of the Site are on file with the DoR. These investigations concluded that the Site has been impacted by real or perceived hazardous substances, solid wastes or other pollutants determined to be present in this Site relating to the historical operations at the site. Due to the presence of these constituents, a Notice of Land Use Restrictions will be placed on the Site to limit future residential use of the Site, and to prevent accessing groundwater. A Soil Management Plan was prepared and will be followed during future development activities. These and other measures required by DoR under the Agreement for the Site will ensure protection of human health and the environment. The public may contact Nicole Bowen in Memphis at the Department of Environment and Conservation, Division of Remediation, 8383 Wolf Lake Drive, Bartlett, by email at Nicole.Bowen@tn.gov, or by phone at 901-371-3000 to obtain a copy of the Agreement or for more information. DoR is accepting written comments on the Agreement from the public and those who may have contribution claims for thirty (30) days after the date of publication of this notice, and these comments should be mailed to Nicole Bowen at the above address. October 7 2025 LOKR0383082