HomeMy WebLinkAbout21056 Yons Property PC Documentation 2018.09.21Goodwin, Caroline E
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Caroline,
Ralph McGee <RMcGee@harthickman.com>
Friday, September 21, 2018 3:11 PM
Goodwin, Caroline E
John Core; Pete Kidwell; Peter McGrath; Jon Morris
[External] Proof of Public Comment - Yons Property
Proof of Public Notice Letter - Yons Property_20180921.pdf; Yons Property -Charlotte
Observer_OrderConf_20180821.pdf
Follow up
Completed
Please see the attached letter documenting proof of public comment for the Yons Property Brownfields site in
Charlotte. The Notice was posted in the library and hand delivered to city officials on August 24tn. Adjacent property
owners were mailed copies of the SNI and a copy of the SNI was posted at the entrance to the Brownfields property on
August 24cn
As shown on page 2 of the attached order confirmation receipt provided by the Charlotte Observer, the SNI was ordered
to run in the newspaper on August 24th (highlighted Run Dates). However, when we requested the affidavit
documenting the newspaper posting, the Charlotte Observer let us know that this had fallen through the cracks and was
not run in the paper on the 24th as requested. The SNI for the Yons Property BFA was posted in the Observer on 9/20
which is within the 30-day period, but obviously not the 1st day of the 30 days.
Because all other public notice requirements were in -place on the 24tn and because this error was made by the
newspaper and not the PD, their consultant, or Brownfields, hopefully this delayed newspaper posting will not change
the public comment end date. Nonetheless, we wanted to bring this discrepancy to your attention. The affidavit from
the Observer documenting the newspaper posting is included in the attached Proof of Public Comment Letter.
Feel free to contact us should you have questions or need to discuss this further.
Thanks,
Ralph
Ralph McGee, PG, Senior Project Geologist
Hart & Hickman, PC
2923 S Tryon Street, Suite 100 • Charlotte, NC 28203
Direct: 704-887-4621 • Mobile: 704-840-4775
www.harthickman.com I U a
The (f4arlotte Observer
charlotteobserver.com
SOUTH PARK Carolina Bn'de.
Order Confirmation
Customer
Pavor Customer
HART & HICKMAN
HART & HICKMAN
Customer Account
Pavor Account
142608
142608
Customer Address
Pavor Address
2923 S TRYON ST STE 100
2923 S TRYON ST STE 100
CHARLOTTE NC 28203 USA
CHARLOTTE NC 28203 USA
Customer Phone
Pavor Phone
704-586-0007
704-586-0007
Customer Fax
Customer EMail
Sales Rep
Order Taker
jjeffries@charlotteobserver
afrazier@charlotteobserver.com
PO Number Payment Method Blind Box Tear Sheets Proofs
Affidavits
Invoice
0 0
1
Net Amount Tax Amount
Total Amount Payment Amount
Amount Due
$1,146.28 $0.00
$1,146.28 $0.00
$1,146.28
Ad Order Number Order Source
Ordered By Special Pricing
0003820426
Whitney Ellswortth
Invoice Text
Promo Type
Summary of Notice-Yons Property
Package Buy
Materials
Page 1 of 2
Ad Order Information
Ad Number Ad Type
0003820426-01 CLT-Legals
External Ad Number
Ad Size
2X511i
Product
CLT- Charlotte Observer
Production Method
AdBooker
Ad Attributes
Color
Placement
0300 - Legals Classified
Production Notes
Run Schedule Invoice Text Position
SUMMARY OF NOTICE OF INTENT TO REDEVEL 0301 - Legals & Public Notices
Run Dates
08/24/2018
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Yons Property
Brownfields Project Number: 21056-17-060
Pursuant to NCGS § 130A-310.34, BIN - JP Road LLC, as Prospective Developer, has filed
with the North Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to
Redevelop a Brownfields Property ("Property") in Charlotte, Mecklenburg County, North
Carolina. The Brownfields Property, consists of 16.5 acres and is located at 9812 and 9908
John Price Road. Environmental contamination exists on the Brownfields Property in soil, soil
gas, groundwater, and surface water. BIN- JP Road LLC has committed itself industrial,
warehousing, office, retail, parking, and subject to DEC's prior written approval, other
commercial uses on the Brownfields Property. The Notice of Intent to Redevelop a Brownfields
Property includes: (1) a proposed Brownfields Agreement between DEQ and BIN - JP Road
LLC, which in turn includes (a) a map showing the location of the Property, (b) a description of
the contaminants involved and their concentrations in the media of the Property, (c) the
above -stated description of the intended future use of the Brownfields Property, and (d)
proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property
prepared in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Charlotte
Mecklenburg Public Library, Robinson -Spangler Carolina Room, 310 North Tryon Street,
Charlotte, NO 28202, (704) 416-0150; or at the offices of the N.C. Brownfields Program, 217
West Jones Street,Raleigh, NO or by contacting Shirley Liggins at that address, at shirley.liggin
s@ncdenr.gov, or at (919) 707-8383. The full Notice of Intent may also be viewed online at the
DEQ public record database, Laserfiche, by entering the project number 21056-17-060 into the
search bar at the following web address: http://edocs.deq.nc.gov/WasteManagement.
Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1 published in a newspaper of general circulation
serving the area in which the Brownfields roperty is located, (2) conspicuously posted at the
Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within
21 days after the period for written public comments begins. Those periods will start no sooner
than August 24, 2018, and will end on the later of: a) 30 and 21 days, respectively, after that;
or b) 30 and 21 days, respectively, after completion of the latest of the three (3)
above -referenced dates. All public comments and public meeting requests should be
addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NO Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
LP3820426
Ad Released Pick Up
No
Times Run Schedule Cost
1 $1,146.28
Page 2 of 2
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS
Via Email
September 21, 2018
NC DEQ
Brownfields Program
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Attn: Ms. Carolyn Goodwin
Re: Documentation of Public Notice
Yons Property
9812 and 9908 John Price Road
Charlotte, North Carolina
Brownfields Project No. 21056-17-060
H&H Job No. BCP-101
Dear Carolyn:
On behalf of BIN — JP Road LLC, Hart & Hickman, PC (H&H) is submitting documentation of
public notice for the Brownfields Agreement for the above referenced site. Enclosed please find
the following:
• Proof of hand delivery of the full Notice of Intent to Redevelop a Brownfields Property to
the Charlotte -Mecklenburg Public Library, Mecklenburg County Health Department, and
public officials which were hand delivered on August 24, 2018.
• Certified mail return receipt green cards for delivery of the Summary of Notice of Intent
to Redevelop a Brownfields Property mailed to adjacent property owners on August 24,
2018. USPS tracking is included indicating delivery for those addresses where a green
card was not returned. In addition, we have included a copy of each letter returned by the
USPS as unclaimed.
• Photographs of the Public Notice posting of the Summary of Notice of Intent to
Redevelop a Brownfields Property which was posted at the site on August 24, 2018.
2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd , Suite 301
Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com
704.586.0007 main 919,847A241 main
Ms. Carolyn Goodwin
September 21, 2018
Page 2
• Affidavit of Publication of the Summary of Notice of Intent to Redevelop a Brownfields
Property which was published in the Charlotte Observer on September 20, 2018.
If you have any questions or need additional information, please do not hesitate to contact me.
Sincerely,
Hart & Hickman, PC
Ralph McGee, PG
Senior Project Geologist
RWM/
Attachments
cc: John Core (Beacon)
Pete Kidwell (Beacon)
Jon Morris (Beacon)
Peter McGrath (Moore & Van Allen)
S:\AAA-Master Projects\Beacon Partners- BEP or BCP\BCP-101 Yon PropeAy\Public Comment\Proof\Proof of Public
Notice Letter\Proof of Public Notice Letter - Yon Property 20180921.doc
hart � hickman
SMARTER ENVIRONMENTAL SOLUTIONS
Proof of Delivery to Library and Public Officials
14
hart hickman
SMARTER ENVIRONMENTAL SOLUnONS
hart '"I�- ickman
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SMARTER ENVIRONMENTAL SOLUTIONS
PROOF OF DELIVERY
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2923 South Tryon Street
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Special Instructions:
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Date / Time:
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Special Instructions:
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Signature:
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2923 South Tryon Street
Suite 100
C arlotte, NC 28203
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PROOF OF DELIVERY
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Green Card Receipts for Certified Mail Delivery to Adjacent Property Owners
hart ` hickman
SMARTER ENVIRONMENTAL SOLUTIONS
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
BAMBOO IMPORTS INC
PO BOX 35748
LOS ANGELES CA 90035
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2. Article Number (Transfer from service label) El Collect on Delivery Restricted Delivery
7018 0360 0002 1030 6463 Aricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053
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1. Article Addressed to:
SOCRATES-SQUARE LLC
4422 HUNTCROPT LN
CHARLOTTE NC 28226
A. Signature
❑ Priority Mail Express®
❑ Registered MailT1
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7 018 0360 0002 1030 6470
PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
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1. Article Addressed to:
CORPORATE REAL ESTATE
NC1-001-03-81 101 N TRYON ST
CHARLOTTE NC 28255
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1. Article Addressed to:
RIVERVIEW MEDICAL ASSOCIATION
ATWNTION: BETH DUNN
1393 CELANESE RD
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2. Article Number (Transfer from service label)
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7 018 0360 0002 1030 6661 Restricted Delivery
Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
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so that we can return the card to you.
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1. Article Addressed to:
L.1.F.E ENRICHMENT LLC
PO BOX 77502
CHARLOTTE NC 28271
A. Signature
( ❑ Agent
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PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
■ Complete items 1, 2, and 3.
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so that we can return the card to you.
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1. Article Addressed to:
RDDM PROPERTIES LLC
9800 SOUTH TRYON ST
X ElAddress
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1. Article Addressed to:
FRED B., ROY A., & MARY JANE
YOUNGBLOOD
I0000 JOHN PRICE RD
A.
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August 25, 2018, 6:13 pm
Departed USPS Regional Facility
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Tracking Number: 70180360000210306708
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The customer has requested that the Postal Service redeliver this item on August 31, 2018 in
YORK, SC 29745.
In -Transit
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August 29, 2018 n
Redelivery Scheduled
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2037 ROCKY STREAM RD
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Tracking History
August 29, 2018
Redelivery Scheduled
YORK, SC 29745
The customer has requested that the Postal Service redeliver this item on August 31, 2018 in YORK, SC
29745.
August 27, 2018, 12:08 pm
Notice Left (No Authorized Recipient Available)
YORK, SC 29745
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Affidavit of Publication in Charlotte Observer
hart ` hickman
SMARTER ENVIRONMENTAL SOLUTIONS
The Tbartotte Obgeruer
charlotteobserver.com C
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AFFIDAVIT OF PUBLICATION
Account#
Ad Number
Identification
142608
0003861977
SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS
Attention: Whitney Ellswsorth
HART & HICKMAN
2923 S TRYON ST STE 100
CHARLOTTE, NC 28203
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Yons Property
Brownfields Project Number: 21056-17-060
Pursuant to NCGS § 130A-31.0.34. BIN --JP Road LLC, as Prospective Developer, has filed with
the North Carolina Department of Environmental Quality ("DEQ.) a Notice of Intent to Redevel-
op a Brownfields Property ("Property") in CharloHe: Mecklenburg County, North Carolina. The
Brownfields Property, consists of 18.5 acres and is located at 9812 and 9908 John Price Road.
Environmental contamination exists on the Brownfields Property in soil, soil gas, groundwater,
and surface water. BIN- JP Road LLC has committed itself industrial, warehousing. office. re-
tail. parking. and subject to DEQ's prior written approval, other commercial uses on the Brown -
fields Property. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a pro-
posed Brownfields Agreement between DEQ and BIN - JP Road LLC. which in turn includes
(a) a reap showing the location of the Property. (b) a description of the contaminants involved
and their concentrations in the media of the Property. (c) the above -stated description of the in-
tended future use of the Brownfields Property, and (d) proposed investigation and remediation:
and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Charlotte
Mecklenburg Public Library. Robinson -Spangler Carolina Room. 310 North Tryon Street, Char-
lotte. NC 28202. (704) 416-0150: or at the offices of the N.C. Brownfields Program, 217 West
Jones Street, Raleigh, NC or by contacting Shirley Liggins at that address, at
shi riey. liggins( I ncdenr.gov, or at (919)707 8383. The full Notice of Intent may also be viewed
online at the DEQ public record database, Laserfiche. by entering the project number 21056-
17-060 into the search bar at the following web address http;edocs.decl.nc.gov,'WasteManag
emellt
Written public comments may be submitted to DEQ within 30 days after the latest of the follow-
ing dates: the date this Notice is (1) published in a newspaper of general circulation serving
the area in which the Brownfields Property is located, (2) conspicuously posted at the Brown -
fields Property, and (3) mailed or delivered to each owner of property contiguous to the Brown -
fields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins- Those periods will start no sooner than
August 24, 2018, and will end on the later of: a) 30 and 21 days, respectively. after that: or b)
30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced
dates. All public comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh. North Carolina 27699-1646
3861977
North Carolina ) SS
Mecklenburg County }
Before the undersigned, a Notary
Public of said County and State, duly
authorized to administer oaths
affirmations, etc., personally
appeared, being duly sworn or
affirmed according to law, doth
depose and say that he/she is a
representative of The Charlotte
Observer Publishing Company, a
corporation organized and doing
business under the laws of the State
of Delaware, and publishing a
newspaper known as The Charlotte
Observer in the city of Charlotte,
County of Mecklenburg, and State of
North Carolina and that as such
he/she is familiar with the books,
records, files, and business of said
Corporation and by reference to the
files of said publication, the attached
advertisement was inserted. The
following is correctly copied from the
books and files of the aforesaid
Corporation and Publication.
Insertion(s)
Published On:
September 20, 2018
Judith Oears. Accounting Clerk
In Testimony Whereof I have hereunto set
my hand and affixed my seal on the 21 st
day of September. 2018
My Commission Expires: 12/11/2022
r
tt
Notary Signature