05016_Southern Mfg Brownfields Project Approval to PC Email

From:Rob Gelblum
To:[e-mail]
Cc:carolyn minnich
Subject:Former Southern Manufacturing Site Brownfields Project
Date:Wednesday, February 26, 2003 12:52:50 PM
Attachments:Southern Mfg BFA 2-26-03.WPD
Mr. Lazes:
My client, Carolyn Minnich of the state Brownfields Program, has
informed me that you would like the draft Brownfields Agreement (BFA)
for this project sent directly to you, which I am doing by means of this
e-mail. It is attached in WordPerfect. Let me or Carolyn know if you
have any questions about it.
As soon as you tell us in writing (e-mail suffices) that the BFA is
satisfactory, we will prepare and send you drafts of two one-page, and
one four-page, documents that we also must reach agreement on before the
project may be approved to proceed to the public comment period that
must last at least (and usually lasts no more than) 60 days.
Rob Gelblum
Asst. Atty. General
N.C. Dept. of Justice
1646 Mail Service Center
Raleigh, NC 27699-1646
From:Minnich, Carolyn
To:Rick Lazes (E-mail)
Cc:Benne C. Hutson (E-mail); Robert R. Gelblum (E-mail 3)
Subject:Southern Manufacturing Site Brownfields Project Approval to PC
Date:Monday, April 07, 2003 5:07:33 PM
Dear Rick:
Based on your acceptance of drafts of all four required brownfields documents -- the Notice of Intent to Redevelop a
Brownfields Property (NI); Summary of Notice of Intent to Redevelop a Brownfields Property (SNI); Notice of
Brownfields Property (NBP), which includes a document and a plat; and the Brownfields Agreement (Exhibit A of
the documentary portion of the NBP) -- DENR hereby gives its approval for the subject brownfields project to
proceed to the required public notice and public comment period of at least sixty (60) days.
Before the public comment period can begin, the Prospective Developer must, in accordance with N.C.G.S. §
130.310.34(a):
Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits (the Brownfields
Agreement, the survey plat, and the legal description), to all local governments having jurisdiction over the subject
brownfields property; arrange for publication of the SNI in a newspaper of general circulation serving the area in
which the property is located; file a copy of the SNI with the
Codifier of Rules for publication in the North Carolina Register; and conspicuously post the SNI at the property.
Another action the Prospective Developer must take prior to commencement of the public comment period is to
provide a copy of the full NI to the local location where the SNI states it will be available for public review.
Please note that, pursuant to N.C.G.S. § 130.310.34.(b), the public comment period begins on the later date of
publication of the SNI in the N.C. Register or the newspaper, as described above. The N.C. Register is published
every two weeks, and a link to its publication schedule and filing deadlines (which occur 2 to 3 weeks prior to the
next publication date) may be found at http:/www.oah.state.nc.us/rules/. You may contact Ms. Ruby Creech,
publications coordinator (919-733-2678, or [e-mail]) at the Office of Administrative Hearings, to
arrange for filing of the SNI with the Codifier of Rules and the publication of it in the N.C. Register.
Finally, the Prospective Developer must confirm to DENR that the above actions have been completed by promptly
providing to me, at N.C. Division of Waste Management, c/o City of Charlotte, Neighborhood Development Key
Business, 600 East Trade Street, Charlotte,
NC 28202, the following:
To confirm provision of the full NI to local governments and to the location where it will be available for public
review, preferably provide a letter from each location confirming receipt of the full NI, but at a minimum provide
copies of your letters transmitting the NI to each
location. To confirm publication of the SNI in the newspaper, preferably provide an affidavit of publication from the
newspaper, but at a minimum provide a copy of the SNI as published that indicates the name of the newspaper and
the date of publication. To confirm posting of the SNI at the property, provide photographs, one close-up and one
more distant, of the SNI posted at the property. To confirm publication of the SNI in the N.C. Register, provide a
copy of the page or pages from the issue of the Register in which the SNI appeared, making sure that the date and
name of the publication appear.
Thank you for your attention to these matters. If you have any questions or require additional information, you may
contact me by phone at the telephone number or e-mail address below. You may also contact me as the Manager for
this Brownfields Project, at [phone], or via e-mail at [e-mail].
Carolyn Minnich
From:Rob Gelblum
To:Benne Hutson
Cc:[e-mail]; carolyn minnich
Subject:Southern Manufacturing Brownfields Project
Date:Wednesday, April 02, 2003 6:21:32 PM
Attachments:Southern Mfg BFA 4-2-03.WPD
Benne:
Please find attached the draft Brownfields Agreeemnt (BFA), as revised
by us pursuant to your proposed edits. Your only proposal that we did
not adopt in its entirety was the paragraph 20 one regarding provision
of copies of leases. There we left out your language implicitly
approving use of "different versions of the standard form lease."
As you know, as soon as we are told in writing (e-mail suffices) that
the BFA is acceptable to the prospective developer, we will commence
preparation of the three other short documents, agreement on which is
required before we can allow the project to proceed to the public notice
and comment period of at least (and probably no more than) 60 days.
Rob
[phone] ext. 229
From:[e-mail]
To:[e-mail]
Subject:Re: FW: Southern Manufacturing Brownfields Project
Date:Friday, April 04, 2003 9:54:30 AM
I did get the document in word and I read it. It is fine.
I am prepared to accept the changes Rob made so we are in complete agreement as to the wording. please ask Rob to
send me the other 3 documents that we need to approve so we can button this up.
thanks, i'll let you know when we start laying down the geotextile and earth fill.
have a nice weekend.
rick
From:Minnich, Carolyn
To:[e-mail]
Cc:"Rob Gelblum"; [e-mail]
Subject:RE: Southern Manufacturing Brownfields Project
Date:Monday, April 07, 2003 9:18:30 AM
Attachments:BF NI 1-9-03 WORD.docSouthern Mfg NBP 4-3-03 WORD.docSouthern Mfg SNI 4-3-03 WORD.doc
Attached are the ancillary documents Rob sent last Thursday afternoon formatted in the Word Perfect. As you
requested Rick, I converted them to MS Word for your review and approval. I will forward comments on the plat
this afternoon to your attention.
Thank You.
Carolyn Minnich
Brownfields Project Manager
NC Division of Waste Management
c/o City of Charlotte
Neighborhood Development Key Business
600 East Trade Street
Charlotte, NC 28202
Office: 704/336-3499
Fax: [phone]
Mobile: [phone]
-----Original Message-----From: Rob Gelblum [mailto:[e-mail]]Sent: Thursday, April 03, 2003 5:07 PMTo: [e-mail]; [e-mail]: [e-mail]: Southern Manufacturing Brownfields Project
Gentlemen:
Please find attached hereto drafts of what we call the ancillary documents. As stated
yesterday, as soon as we reach agreement on these documents, and approve your plat,we can approve your proceeding to public notice, which approval will occur via an e-
mail from me setting forth the requirements related to that process.
I will be out tomorrow.
Rob [phone] ext. 229
[e-mail] wrote:
Dear Rob,
Your deletion of the words in par. 20 is acceptable to me. Please prepare the three other short
term documents for me and Benne to review so that we can procede expeditiously to get the
public comment period over. I will have the plat map prepared to include in the package as
soon as Carolyn approves the proposed form that we have submitted.
Thanks for your assistance with this matter.
Best regards
Rick Lazes