18050_Cenco_L_20180220

VAN sum mow, PLLC
February 20, 2018
VIA EMAIL
Ms. Sarah Hardison and
NC Brownfields Program
Division of Waste Management, NC DEQ
217 West Jones Street
Raleigh, NC 27603
William Lane, Esq.
General Counsel, NCDEQ
217 West Jones Street
Raleigh, NC 27603
RE: Cenco Inc. Site, 609 Melynda Road, Charlotte, NC (the "Property");
BrownfieIds Project # 18050-144U60
Ladies and Gentleman:
Van Buren Law, PLLC represents DTJT Properties, LLC ("DTJT") and
Melynda Road Realty, LLC ("MRR"). DTJT is presently the Prospective
Developer for a Brownfields Agreement under consideration by DEQ at the
Property. DTJT has recently requested that MMR an affiliate of DTJT, become
the Prospective Developer for the Property. DTJT and MRR are hereinafter
referred to collectively, as the "Company."
As described in a letter dated November 18, 2016 (attached), the Company
found two "Notices of Property Restriction under 40 CFR Subpart G
Regulations" (attached) in the chain of .title for the Property. As part of the
Brownfields Agreement, the Company would like the Notices released and
canceled.
Pursuant to a request from Glenn Dunn dated November 5, 1997
(attached), it appears that DEQ agreed that RCRA jurisdiction for the Property
was in error and transferred jurisdiction to the Inactive Hazardous Sites Section
of the Division of Waste Management. DEQ s decision is described in a letter
524 East Boulevard { Charlotte, NC 28203 1 phone 7041US 4608 I www.vanburenlaw.com

February 20, 2018
Page 2 of 2
from Jill Burton, Acting Chief of the Hazardous Waste Section of NCDENR,
dated September 25, 1998 (attached). In email dated November 29, 2016, Bud
McCarty of DEQ's Hazardous Waste Program concurred that the Notices should
be removed. Bud McCarty suggested that DEQ's General Counsel (now Bill
Lane) would need to be involved in such cancellation.
It is my understanding that DEQ has recently faced a similar issue at a
Brownfields Property (Brownfields Project #18018-14-014) in Caldwell County,
North Carolina. The Brownfields Agreement was recorded in October 2016. At
that site, DEQ agreed to execute a Deed of Release of Restriction removing the
RCRA restrictions after the Brownfields Agreement was recorded. The Company
would like to approach this Property the same way.
I have attached a Deed of Release of Restruction for your consideration.
The Brownfields Program has requested that certain assessment work be
completed prior to drafting of the Brownfields Agreement. The Company is
hopeful that the Brownfields Agreement may be completed and ready for
execution during the second quarter of 2018. The Company would like the Deed
of Release of Restriction to be executed at the same time as the Brownfields
Agreement. The Company would like to resolve this issue now, so that the
execution of the Brownfields Agreement is not delayed.
Please call me if I can provide any further information rte d by DEQ or
its counsel.
Very
Enclosure
Cc: Ms. Sharon Eckard (via email, w/ Ven
Ms. Charlotte Jesneck (via email, wBobby D. Hinson, Esq. (via email,cl)
Mr. Tim A. Frye, Sr. (via email, w/)
Mr. John Reuscher (via email, w/out encl)
Mr. Tony Joiner (via email, w/ out end)
John T. Maheras, Esq. (via email, w/out encl)

DRAWN BY AND MAIL TO:
Carol Jones Van Buren, Esq.
Van Buren Law, PLLC
524 East Boulevard
Charlotte, NC 28203
STATE OF NORTH CAROLINA DEED OF RELEASE OF
RESTRICTIONS
COUNTY OF MECKLENBURG
THIS DEED OF RELEASE OF RESTRICTIONS ("Deed of Release") is made
and entered into with an intended effective date of
2018 by the North Carolina Department of Environmental Quality of the State of
North Carolina ("DEQ") (formerly known as the North Carolina Department of
Environment and Natural Resources), Cenco, Inc., a North Carolina corporation
("Cenco") and Melynda Road Realty, LLC, a North Carolina limited liability
company ("Owner").
WITNESSETH
A. Owner is the current owner of those certain tracts or parcels of real
property located in the City of Charlotte; Mecklenburg County, North
Carolina more particularly described on Exhibit A ("Tract 1") and Exhibit
B ("Tract 2"). Tract 1 and Tract 2 are collectively referred to hereinafter as
the "Property."
B. The "State Hazardous Waste Proo- " consists of the laws and rules
governing the management of hazardous waste, as contained in Article 9
of Chapter 130A of the North Carolina General Statutes, and the rules
promulgated thereunder and codified in Subchapter 13A of Title 15A of
the North Carolina Administrative Code, which DEQ has been authorized
to operate in lieu of the federal program under the Resource Conservation
and Recovery Act ("RCRA").
C. A Notice of Property Restriction under 40 CFR Subpart G Regulations was
recorded in Deed Book 07954, Page 877-881 in the Mecklenburg County
Register of Deeds in the chain of title for Tract 1 (the "Tract 1
1

Restrictions"), and a Notice of Property Restriction under 40 CFR Subpart G Regulations was recorded in Deed Book 07954, Page 882-886 in the
Mecklenburg County Register of Deeds in the chain of title for Tract 2 (the
"Tract 2 Restrictions')(the Tract 1 Restrictions and the Tract 2 Restrictions
being hereinafter referred to jointly as the "Cenco Restrictions").
D. Owner applied for eligibility as a Prospective Developer under the N.C.
Brownfields Property Reuse Act of 1997 in order to help address the
environmental contamination at the Property under the Brownfields
Agreement ("BFA"). DEQ approved eligibility for the Prospective
Developer. A BFA for the Property is being executed concurrently with
this Deed of Release.
E. DEQ has determined that RCRA jurisdiction is not applicable at the
present time to the Property.
F. Owner requested DEQ and DEQ agreed, to release, cancel and terminate
the Cenco Restrictions and to release the Property from any encumbrance
thereof, as reflected in the Deed of Release. Cenco has also joined in this
Deed of Release solely for the purpose of releasing, canceling and
terminating the Cenco Restrictions and releasing the Property from any
encumbrance thereof, as reflected in the Deed of Release
RELEASE
In consideration of the past assessment and corrective action conducted at the
Property and the execution by Owner of a BFA to ensure the protection of
human health and the environment at the Property, and other good and valuable
consideration, the receipt of which is hereby acknowledged: (i) the Property, and
all improvements, fixtures and personal property located thereon, affixed
thereto, or used in connection therewith, are hereby and by operation of this
Deed of Release, released from the operation and effect of any and all of the
Cenco Restrictions, (ii) all of the Cenco Restrictions are hereby and by operation
of this Deed of Release canceled, abandoned and terminated and (iii) any and all
interest of DEQ and Cenco, Inc. in and to the Property under the Cenco
Restrictions are hereby and by operation of this Deed of Release remised and
quit -claimed to Owner.
[SIGNATURES CONTINUE ON NEXT PAGE]
6

IN WITNESS WHEREOF, DEQ Cenco and Owner have caused this Deed
of Release to be duly executed, as of the day and year first above written.
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENTAL QUALITY
By: Name: --
Title: --
County, North Carolina
I certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she voluntarily signed the foregoing
document for the purpose stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal)
My commission expires:
[SIGNATURES CONTINUE ON NEXT PAGE]
3

CENCO, INC.,
a North Carolina corporation
By:
Name:
Title:
County, North Carolina
I certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she voluntarily signed the foregoing
document for the purpose stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal)
My commission expires:
[SIGNATURES CONTINUE ON NEXT PAGE]
4

MELYNDA ROAD REALTY, LLC,
a North Carolina limited liability company
DTJT Properties, LLC,
its Managing Member
By:
Name: Tim A. Frye, Sr.
Title:
Date:
STATE OF _
COUNTY OF
_ County, North Carolina
I certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she voluntarily signed the foregoing
document for the purpose stated- therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal)
My commission expires: ` _

Exhibit A
"Tract 1 Legal Description'
That certain lot or pacel of )end situated in Paw CW* Tote *k,., Moed mburg CoWtY, North
Caroline and more part m ady de$wbed as follows:
Parcel 1:
-- ._ of Carolina left Y+ Henry Grass, et al.,
Adioining the lauds ne, or farm of property, and r�ir►8 there
B� at a stone, eorrrer of Catolarr► Realty Y and in the
wid, the �Y arm line, N 87-3o W 6375 feet to. a ace n the acid Grass 1me
mger of Toddvau RMA dmce With said mad, 517-13 E 479 feet, or less, to a stake
at the inurmfion of said mad With the cutter line of the P 3c N Rmiltb il oad �e m� a oent� of said
P & N Railroad in an euMly direction M tact. f thence whit said line N f MA
45
Railroad and in a lice of the Cam lace or pouat'of -
W 501 feet, mom or leas, to the place
CWTAuNWO 6.94 acres, more or less, wd bch32 t Page 40. s- Todd Emfe
i� as shorn on Ou or � thued reca+dea Map Buoy 3a
Parcel I
A40inft and lying to the cat of TRACT #1 above and gBC1QINING at a stake in the center
line of the P do N Railroad tract, said stake being 6309 fed, more or leas, in an easterly
direction fmm the ceder lire of ToddvMe Reed, $0 begin POW being formerly the Omer
and the IL S. MOW pr�7r and T1°� thence along
the A. G. Brown property acid litre being also, the
the diVMW fine between the said &awn and Fmeatgai : •
eaatefly Mwgit! of TRACT ail above, N 14-%S VV? SOD:iS feet (de9enbed as N 1545 5 97
fed above) to a stelae, another carer bdwaen the BMWo ad Fr+eMm
to a stake in rite lido of the pmp�Y conveyed to �, Inc.
Q3-31 B 300 feet, more less. in Book 3012 ai P,9e 255; thetwe along a
by Deed duly mciorded in the Meetlealburg ReVOY
maren of the said Ceuoo, be. pmmq, 9 1.39.30 E 484.13 fief to a stake in the center lute
of the P & N Railroad track; the m along the OMW of sad tai11 ' N 85-59 W 185 feet,
more or less, to the purr or point of BEGINNING.
REFERENCE is hereby utade to the folloarutg Deeds: (1) Deed tecorded in Boole 1796 at Page
257 and (2) Deed reoofded in Book 1969 at Page till.
in or tract of land eooMbyed to Linde H- Entbler, Tn 4' UPI'
,kingall respells the same Parcel Embler, from Ar+diie I_ Honbw ie r and wife,
dated Deceraba 17, 1985 W Matthew Brewe> rded is the MecklenbmZ
Louise B. I OWWrf er, by deeds dated penernber 17,19g5 ark duly reco2, 1986 and recorded in
� pRegistry in Book 5144 at Page 149 and by deed dated lart»arY
the Murg Registry in Boot 5155 m Page 495-

Exhibit A Continued
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Exhibit B
"Tract 2 Legal Description"
?bat certain lot or paml of land situated in Paw Creek Tcwnsbip. Mecklenburg County, North
Carolina and more particularly described as follows:
BEGINNING at an old bolt in the center line of the P & N Railway track said point being at the
intersection of the centerline of Melynda Street (formotly Romestead Street) and the center line
of said P & N Railway track and nmss thence with sty c6illerbne of said Railway N 84-59 w
262.63 feet to an iron in the center line of said Railway; thtwe N 1-15-10 w 484.54 feet to an
old iron; thence S 80-21 E 2&65 feet to w old imam; amce N 8&41-40 E passing an old iron
326.01 feet to a point in dhe center lint: of Melynda Street (fortneriY Homestead Street); thence
with the canter line of said Street S 8-00 W 527.76 feet to the point or p)aoe of BEGINNING,
all according to that certain survey by Sprats -Seaver. I=.. dated June S. 1966.
Being in all respects the same parcel or tract of Land conveyed to Cenoo, inc., a corporation
from Matrows's Picking & Opening, Inc., by Deed dated October 9, 1968 and duly recorded
in the Mecklenburg Public Registry in Book 3012 at Page 255.

=r,
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Exhibit B Continued
P; .
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VAN BUREN LAW, PLLC
November 18, 2016
VIA EMAIL, AND REGULAR MAIL
Mr. Labeed Y. Alkadhi
NC Brownfields Program
Division of Waste Management, NCDEQ
217 West Jones Street
Raleigh, NC 27603
Jay L. Osbourne, Esq.
NCDEQ
217 West Jones Street
Raleigh, NC 27603
RE: Cenco Project, Melynda Road, Charlotte; NC (the "Property");
Brownfields Ready for Reuse Project # 18041-14-092
Dear Labeed and Jay,
Last week, DTJT Properties, LLC filed a Brownfields Application for the
Property to qualify as a Prospective Developer. In reviewing the title for the
Property, DTJT found two (2) "Notices of Property Restriction under 40 CFR
Subpart G Regulations" in the chain of title for the Property (attached).
As part of the Brownfields Agreement, DTJT would like the Notices
released and canceled. Pursuant to a request from Glenn Dunn dated November
5, 1997 (attached), it appears that DEQ agreed that RCRA jurisdiction for the
Property was in error and transferred jurisdiction to the Inactive Hazardous Sites
Section of the Division of Waste Management. DEQ's decision is described in a
letter from Jill Burton, Acting Chief of the Hazardous Waste Section of NCDENR,
dated September 25, 1998 (attached). DTJT's goal is to clarify that there is no
RCRA jurisdiction over the Property.
524 East Boulevard I Charlotte, NC 282031 phone [phone] www.vanburenlow.com

November 18, 2016
Page 2 of 2
The Notices are vague, and it is unclear what actions can be taken on the
portions of the Property described by the Notices (the "Restricted Parcels'). The
Restricted Parcels are centrally located on the Property. DTJT believes that it is
in DEQ's and the Prospective Developer's interest to have clear requirements
regarding how the Restricted Parcels may be developed and used safely.
It is my understanding that DEQ has recently faced a similar issue at a
Brownfields Property (Brownfields Project #18018-14-014) in Caldwell County,
North Carolina. The Brownfields Agreement was recently recorded in October
2016. At that site, DEQ agreed to execute a Deed of Release removing the RCRA
restrictions after the Brownfields Agreement was recorded. See Paragraph 6(b)
of the Brownfields Agreement (attached). DTJT would like to approach this
Property the same way.
Based on communications with Lebeed, I know the Ready for Reuse
Brownfields Agreement is currently in development. I wanted to go ahead and
communicate this request to both of you so the issue could be considered by
DEQ immediately.
Please call me with any questions. I would be glad to discuss this issue
with you both further.
VE
M.
Enclosures
Cc: Bobby D. Hinson, Esq. (via email, w/
Tim A. Frye, Sr. (via email, w/encl)

H. Glenn Duna
Partner
Dirac[ Dial: 919/783-2842
F0-YivER&SFRUU,L.1-R
ATTORNEYS AT LAW
November 5, 1997
Mr. James A. Carter, Chief
North Carolina Department of
Environment and Natural Resources
Hazardous Waste Section
401.Oberlin Road
Raleigh, North Carolina 27605
3600 Glenwood Avenue
Raleigh, North Carolina 27612
Mailing Address:
Post Office Box 100%
Raleigh. North Carolina 27605-0096
919n83-6400
Fax: 919n83-1075
Dices:
RaleighlRocky MountlCharlorte
Re: Request for Meeting to DiBCuss Transfer of Regulatory
Jurisdiction Honbarrier,-.Inc.. (Formerly Central
Transport, Inc.) Facility Charlotte, North Carolina
EPA ID# NCD 046 148 540
Dear Mr. Carter:
As requested by Ms. Surabhi Shah of your staff, we are
providing you with agenda items for a meeting between Honbarrier,
Inc. personnel and the Hazardous Waste Section (Section) concerning
the former Central Transport, Inc. (CTI) facility in Charlotte,
North Carolina hereinafter referred to as "Honbarrier, Inc." As
discussed in previous phone conversations, this meeting is
requested to discuss transfer of regulatory oversight of the
Honbarrier, Inc. Charlotte facility from the Section to the
Division of Water Quality (DWQ). Following are the items we would
like to discuss at the meeting:
1.1V11 11d23 Previously reached the conclusions that the site was not
a RCRA facility. In the early stages of the RCRA program, the
Section argued that the surface impoundments at the site were
Hazardous Waste Management Units (See attached letters 9/27/82 from
Babb to Moore, 4/16/84 from Gary to Strickland). To counter this
argument, Honbarrier, Inc. provided evidence that the wastes which
had entered the lagoons were not hazardous wastes, the tankers
rinsed at the facility (which discharged to the wastewater
treatment system) were rtRCRA" empty when .rinsed, and empty tankers
were cleaned by triple rinsing which is not considered a treatment
procedure (See attached letters.8/8/83 from Moore to Babb, 4/4/84
from Fogel to Strickland). The evidence provided by Honbarrier,
Inc. initially appears to have clouded the issue for the Section
(See attached letter 1/13/84 from Lawson to Strickland, 1/26/84
V.

Mr. James A. Carter, Chief
November 5, 1997
Page 2
from Lawson to Strickland, 7/11/84 Liability Coverage Compliance -
Second Review, 7/26/84 from Allen to File). The Section then
decided to end RCRA status for the facility and cancel its EPA ID
number (See attached letter 1/8/85 from Meyer to Moore, 1/24/86
from Lawson to Moore, 3/10/86 from Lawson to Moore). Honbarrier,
Inc.'s EPA ID number was reinstated on 1/3/89. This appears to be
a reaction to the facility's 1987 Clean Water Act violation (See
2/21/90 Consent Order). Honbarrier, Inc. was ordered to remediate
the site under the direction of the North Carolina Department of
Environment, Health, and Natural Resources but not specifically the
Section (See 3/5/90 Negotiated Plea Agreement).
From the evidence provided, it appears that the Section
decided in 1985-1986 that the facility was no longer a RCRA
regulated facility. Then in 1989, the Section appears to have
changed its opinion and concluded that the site was a RCRA
facility. As none of Honbarrier, Inc.'s operations had changed at
the site, it is our contention that the Plea Agreement of 3/5/90
was the driving force behind the Section's decision to reinstate
RCRA status for- the facility. As you can see in the Plea
Agreement, Honbarrier, Inc. agreed to remediate the site under the
direction of the Department of Environment, Health, and Natural
Resources. Both the Section and DWQ are Divisions within this
Department. It is our opinion that the facility was placed under
the Section not because the Department had a basis for concluding
the facility managed a hazardous waste and fell within RCRA
jurisdiction, but simply because .the facility had a previous
history with the Section. It is our position that the AOC was
entered under a mistaken assumption and should not be considered
binding.
2) Te-mminat.ion of RCRA Permit-vrocess and comvletion as
groundwater remediation under DWO oVersiczht. As we believe the
site is not properly subject to RCRA requirements, we want to
discuss how we might go about removing the site from RCRA
regulation and transferring oversight to .the DWQ. Please rest
assured that Honbarrier is not trying to avoid thorough groundwater
remediation. However, we believe that.a totally adequate clean up
can be accomplished at less unnecessary expense under groundwater
guidelines.
3) -Re est for extension of due date for the revised Part B
Application submittal. The due date for Honbarrier, Inc.'s revised
Part B Application is November 18, 1997. Although Honbarrier, Inc.
realizes that the original due date for the revised application has
been previously extended, we request an additional extension so
that the issues of RCRA jurisdiction can be resolved. Honbarrier,

���1►ICr1C.. ,rG� 11
Mr. James A. Carter, Chief
November 5, 1997'
Page 3
Inc. has completed approximately 90$ of our response to the
March 26, 1997 Notice of Deficiency issued by the Section for our
original Part B submission. The remaining NOD items are
essentially assessment related and will require a substantial
monetary investment to complete. Honbarrier, Inc. requests that
the issue of RCRA jurisdiction be resolved before completing this
fieldwork.
Honbarrier. Inc. would.like to arrange a meeting to discuss
this important issue. Please contact .me at [phone] or Mark
Wilkins at [phone] so that we can decide on a mutually
agreeable date and time.
Sincerely,
H. Glenn Dunn
HGD/mew:jsh
Attachment: Correspondence Regarding Facility
Regulatory Status

NORTH CAROUNA DEPARTMENT of
ENVIRONMENT AND NATURAL RESOURCES
September 25,1998
Operator:
Archie L. Honbarrier
Honbarrier, Inc.
1321 W. Fairfield Suite 102
High Point ,NC 27263
Owner:
Crary L. Honbarrier, President
Cenco . Inc.
P.O. Box 109
Advance, NC 27006
DMMION OF WASTE MANAGEMENT
Reference: Future Activity at Honbarrier, Inc. (formerly Central
Transport, Inc.) Facility in Charlotte, NC
EPA ID No.: NCD 046 148 540
Dear Mr. A.L. Honbarrier and Mr. G.L. Honbarrier:
At your request, the Hazardous Waste Section (Section) has conducted a thorough
investigation of the facts regarding this facility and -has reviewed the information
provided by other agencies. Considerable resources were expended to arrive at a
determination. The resulting decision is specific to this particular site.
As a result of our investigation, the Section has determined that subsequent
monitoring and remedial action at Honbarrier, Inc. should be conducted under the
oversight of the Groundwater Section of the Division of Water Quality.
Honbarrier, Inc. should continue to monitor their groundwater plume semi-
annually and to pursue remediation of groundwater under this program. Please
contact Matt Heller of the Mooresville Regional Office at [phone]
regarding the specific requirements of this program.
Please also note that Honbarrier, Inc. is obligated to provide notification to the
Inactive Sites Branch, Superfund Section in order to be listed on their inventory of
sites. Honbarrier, Inc. could qualify for the Voluntary Clean -Up Program
administered by this program This =mmn can 2Mdde Coco the benefit of
exneditious state-avoroved clean-un. which may be valuable in of sale of the
=Vgft For your convenience, a notification form for the Inactive Sites Branch
is enclosed. For further information regarding notification and the Voluntary
Clean -Up Program, please contact Charlotte Jesneck, Head of the Inactives Sites
Branch at 919-733-2801 ext. 284.
401 ODERUM ROAD, SUM 1 SO, RALlIGH, NC 27605
PHONE [phone] FA% 910-715-5606
AN EQUAL OPPORTUNtrY / AMRMATI9IE ACTION EMPLOYER - 50% RECYCLEW 0% POST -CONSUMER PAPER

Archie & Gary Honbarrier
September25, 1998
Page 2 of 2
If you have any further questions regarding this matter, please feel free to contact Surabhi Shah at
[phone] ext. 236.
Sincerely,
"--i -
i E. Burton
Acting Chief
Hazardous Waste Section
cc: Joseph Parker, MRO, HWS
Charlotte Jesneck, SFS
Matthew Heller, MRO, GWS
Glenn Dunn, Poyner & SpruiU
Keith Masters
rc: Peter L. Doorn %
Surabhi K. ShX
Narindar Kumar, EPA Reg. 4
Barbara Christian, MRO, GWS
Kathleen Waylett, AGO
Mark Wilkins, MAA
Doug Holyfield
Kathleen Z. Lawson
Linda M. Culpepper,,P
blows C6
CA"filehuftslAtrO -oti

From: Kady, Lebeed Lebeed-kadygncdenngov
Subject: FW: Cenco Ready for Reuse Brownfields Project, Mecklenburg County, NC; Brownfields Project #18041-14-092/NCD
046148540
Date: December 5, 2016 at 11:43 AM
To: Carol Jones Van Buren ([e-mail]) cvanburen@vanburenlawcom
Carol,
I thought that Hazardous Waste have shared with you Permitting response with you. Bud McCarty's
email states that the notice should be removed, thatthe property is not subject to RCRA authority and
that the site is now under IHSB.
See email below.
Lebeed
Sent: Tuesday November 29, 2016 12:45 PM
Cc: Btarch; Brent <[e-mail]>; Jesneck, Charlotte <[e-mail]>
Subject: FW: Cenco Ready for Reuse Brownfields Project, Mecklenburg County, NC; Brownfields Project
#18041-14-092/NCD 046148540
All;
First, I have added Charlotte, Lebeed, and Jay to this list since they will probably be involved.
Reading the letters artd looking at the deed notice it does appear that the 265.119 Deed Notice should
be removed. However, that is probably easier said than done. The Notice was placed there as a RCRA
requirement, then the site was transferred to Inactive Sites and now it seems they are looking to get a
Brownfield Agreement.
So the question is how should be responsible for "removing" the Notice. My experience, and it is
limited to 2 facilities, is that it falls on the General Council.
It seems to me that Glenn's request and Jill's response clearly indicates that the facility should not have
been RCRA and thus the Notice was place in error or at least prematurely.
So, unless Charlotte requires that a restriction be place on this property I would suggest that
Brownfields work with the GC to have the Notice removed, in the same way that the Notice on the
Tapaha site was removed.
There is also the question of the ability to move dirt around to regrade the property. That is probably a
decision that needs to come from the HIS Branch.
To answer the questions that have been asked:
1) Can the RCRA Program clarify the meaning of the Notices?
No need to clarify other than to say the notice should be removed.

2) Is the Property still subject to RCRA jurisdiction? As you can see from the
attached letters, Poyner Spruill argued that RCRA jurisdiction was erroneous
and RCRA agreed to transfer the Honbarrier Site to the IHS Program.
The property is not subject to RCRA authority.
3) Would DTJT need RCRA Program approval to grade and build on the portions
of the Property where the Notices are recorded? If so, would it make sense to
cancel and place clearer restrictions on the record —so future property owners
understand what is required. This could be done as part of the Brownfields
process.
The site is now under IHSB so they are the ones to answer this question.
I hope this helped.
Bud McCarty, CPM
Branch Head
Facility Management Branch
Hazardous Waste Section
Division of Waste Management
Department of Environmental Quality
919 707 8202 office
[e-mail]
217 West Jones Street
1646 Mail Service Center
Raleigh, NC 27699-1646
comparts
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Morris, Sean
Sent: Monday, November 28, 2016 12:55 PM
To: Mccarty, Bud <bud.mccartv a@ncden ,g�>
Cc: Burch, Brent <brent.burch(@n nngov>
Subject: FW: Cenco Ready for Reuse Brownfields Project, Mecklenburg County, NC; Brownfields Project
#18041-14-092/NCD 046148540
Hi Bud.

Please see Carol's questions below and attachments. I am not familiar with this site and it doesn't
appear we have been out there since the late 1990s. Not sure how to proceed with answering her
questions?
J. Sean Morris
Western Unit Regional Supervisor
N.C. Department of Environmental Quality
Division of Waste Management
Hazardous Waste Section, Compliance Branch
htt�;/ nc.gov/about/divisions/waste-managementlhazardous-waste-section
Office: 704.464.1357
Mobile: [phone]
Home Duty Address:
P.O. Box 660
Huntersville, NC 28070-0660
Arm
Pmail correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Carol Jones Van Buren Esq.Imailto:[e-mail]]
Sent: Monday, November 28, 2016 11:32 AM
To: Morris, Sean <[e-mail]>
Cc: Kady, Lebeed <[e-mail]>
Subject: Fwd: Cenco Ready for Reuse Brownfields Project, Mecklenburg County, NC; Brownfields
Project #18041-14-092/NCD 046148540
Sean: I let you a voicemail message about the Honbarrier Site (NCD 046 148 540).
I'm also forwarding you recent correspondence that I sent to Lebeed Alkadhi
(Brownfields Program) and Jay Osborne. DTJT Properties, LLC filed a Brownfields
Application for the Property (which includes the Honbarrier Site). In reviewing the
title for the Property, DTJT found two `Notices of Property Restriction under 40 CFR
Subpart G Regulations" ("Notices") in the chain of title for the Property (attached).
DTJT wants to understand whether RCRA has jurisdiction over any of the Brownfields
Property and in particular, the portions of the Property described in the Notices. I am
trying to confirm with the RCRA Program whether the Notices are (i) notices only

(with no restriction on use of the Property), or (ii) whether they restrict portions of the
Property. The title of the recorded documents is a Notice of Prop" es r' tin and
state that "a portion of the land is restricted ...." But, there is no mention of the actual
restrictions. The Notices are very vague.
Here are my questions:
1)
Can the RCRA Program clarify the meaning of the Notices?
2)
Is the Property still subject to RCRA jurisdiction? As you can see from the attached
letters, Poyner Spruill argued that RCRA jurisdiction was erroneous and RCRA agreed
to transfer the Honbarrier Site to the IHS Program.
3)
Would DTJT need RCRA Program approval to grade and build on the portions of the
Property where the Notices are recorded? If so, would it make sense to cancel and
place clearer restrictions on the record —so future property owners understand what is
required. This could be done as part of the Brownfields process.
Thank you so much for any help or clarity you can provide.
Carol Jones Van Buren
Carol Jones Van Buren, Esq.
Van Buren Law, PLLC
524 East Blvd.
Charlotte, NC 28203
Email: [e-mail]
Phone: [phone]
Cell: 704/408-7368
Website: www.vanburenlaw.com
PRIVILEGE AND CONFIDENTIALITY NOTICE: This communication (including any attachment) is being sent by or on

BK: 07954 PC: 0$77/088i *:0377 16.00
JUDITH A GI$SOM REG OF DEEDS MEEK MC
FILED FOR REGISTRATION tO/28/94 i5e45
STATE OF NORTH CAROMNA
NOTICE .OF PROPERTY RESTRICT ION
COUNTY OF MECKLMURG UNDER Ili CPR SUBPART G REGULATIONS
The Notice; Contained herein is filed in compliance with §265:119 of 40 CFR Ch 1 of the
Environmental Protection Agency Regulations regarding that certain lot or parcel of land situated
in Paw Creek Township, Mecklenburg County, North Cacti = and nine particularly described
on Exhibit A attached hereto and incorporated hene n by ieferen=
Any potential purchaser is hereby notified lhat:
1. A portion of"land described in Exhibit A has best used to manage waste which
the State of North Carolina considers hazardous; and
2. A portion of the land's use is restricted under 40 CFR Subpart G Regulations of the
Environmental Protection Agency; and
3. A survey plat, a copy of which is attached hero as Exhibit and incorporated
herein by reference, which records the location of the portion of the land which was formerly
used to manage wastes and identifies said lomation as a Regubwd Unit required by §265.116 and
§265.119(9) of the Regulations of the Bwironmental Protection Agency has been filed with the
Mecklenburg County Planning Commission and the Mecklenburg Public Registry in Map Rook
4(, Page UL, acid with the Regional Administrator of ttie Environmental Protection
Agency.
This the .26 day of October T, 1994..
Linda M Embler, Trustee IN T dated
December 17, 1985 for Matthew Brewer Eabler
Dram By and Nail to:
Singer & McGirt, P.A.
1460 Charlotte Plaza
Charlotte, K 28244

STATE OF NORTH CAROLINA
COUNTY OF.
Notary Pubhc for said cmmly and gate, certify
gW LINDA IL EMBLER, Trustee U/T dated Dp=rJ3!z 117, 1985 for Matthew Bmv-w Embler
ply20pgamd before me this day and aelmowledged the due awcutm of the foregoing
instruamt.
. October .
WrrNBS MY hmd and MW this at- day of *PM,*W, 1994.
&LA
-_/0
-�Imycommm,on Expires: ---

11IMMI`i' A
That CertB n lit or parcel of land Situ in Paw Creek Township, Mecklenburg County, North
Carolina and rare par6adady described as MOWS:
Adjoining the IandS (now or forawly) of Carolina Realty COY,. Henry Grass, et al.,
BEGnefING at a strafe, the earner of CaralinA` Realty COMP30Y property, utd rtnning thence
with the Iieriry Grass line, N 87-30 W 637.5 feet to a stalm in dte said Grass line and in the
center of Toddvilte Road; thence with said toad, S 1745 E 479 feet; niare or less, to a stake
at the inter ost of said road with the center line of the P & N Rarlmad trra~k; thence with the
P & N Railroad in an easterly direction 635 feet, O We or Ras, .to a stake in rile center of said
Railroad aril in a line of the Carolina Realty CdrnPany PVOIT, thence with said line N 15-a5
W 501 feet, more of less, to the place or point of BEGIM43M.
CoNfAINING 6.84 acres, more or less, and being all of Trad W of the O.S_ Todd Esude
Lands as shown onplat or Mp thereof reemded in MapBook 332 at Page 40.
Tract 2:
Adjoining and lying to the ease of TRACT 11 abrwe and BMR4MG at a stake in the center
rum of the P & N Railroad track, said stake being 636.68 feet, more or less, in an easterly
direction from the sealer line of Toddville Road, :said bt 9kWipg point being formerly the corner
between the A. G. Brown property and the H. S. Freentart POPe rtY; and running thence along
the dividing line between the said Brown and.Fteem8U properties, said line being also the
easterly margin of TRACT dl above, N 14-%56 W 500.15 feel (described as N 15-45 W 501
feet abcwe) tog stake, another comer been the Bmwo and Freeman pry; thatce S 87-
03-31 E 300 feet, more of kss, W 8 stake in the lire of the p mperiy conveyed to Cenco, Inc.
by Deed duly recorded in the Meckleabnfg Registry In Book.30I2 at Page 255; thence along a
margin of the said Cenco, Inc. property, S 1-39-30 E 484.13 feet to a stake in fhe center line
of the P & N Railroad track, thence along the cag ar of said railroad track, N 85-59 W 185 feet,
more or kss,.Io the place or point of BEMNNiNG.
REFERENCE is hereby Made to the following Deeds: (1) Deed recorded in Book 1796 at Page
257 and (2) Deed recorded in Book 1969 at. Page 80. .
Being in all respects qte same parcel or treed of land conveyed to Linda FI. Embier, Trustee U/T
dated December 17, 1985 for Matthew Brewer Viler, fmtn Archie L- iionbarrier and wife,
Ltuise B. flonbarrier, by deeds dated ila WAW 17,1985 and duly recorded in the Mecklenburg
Public Registry in Book 51" at Page 149 and by deed dated January 2, 1986 and recorded in
the Mecklenburg Registry in Book 5155 at Page 495.

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-ft& alKonh CmWh%6CouwW ofM=kkdmg
?be tomes ceMScow(s) or Carolyn �. cos"ti
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94
BT D"Iy Wm� of Datd&

78
JUDITH9A4GIBSON REGOOF BFFt�S316.00
�IL£D FOR REGISTRATION 10/25l94 15145
STATE OF NORTH CAROUNA
NOTICE OF PROPERTY 10TRICTION
COUN'ITY OI~ p+l WKLENBURG UNDER 40 CM SMPART G REGULATIONS
The Notice contained her& is filed m comoiatim WA fM.119 of 40 CFR Ch I of the
=viraunerttal Protection Agency Regulations receding that certain lot or parcel of land situated
to paw Creek Tow-nshtp, Meckiatucg County, Norflt Caroline and more particularly desanW
on Exbibit A attached hereto and incorporated herein by refeanlue.
Any poterrW Ptrchaser is hereby notified that:
1. A portion of the land described in Fxb bit A ttas been used to manage waste which
the State of North Carolina coders haws; and
2. A portion of the land's use is reshic0ed wittier 40 CFR Subpart C's Regulations of the
Eavirontnental Protection Agency; and
3. A survey plat, a copy of which is attached Benito as Exhibit B and incorporated
herein by reference, which records the lacatiott of the portion of the land which was formerly
used to manage wastes and idea ifies said Iocatioh as a Regulated unit required by §265.116 and
4265.119(9) of the Regulations of the Environmental Proectio n Agency has been filed with the
Mecklenburg County Planning Commissiosn and the Mecklenburg Public Registry in Map Book
�p�,Page, and with the RegionalAdrmtsstrator of the Envronmemal Protection
This the 26 day of —October ',1994.
Ceneo, Inc.
By. s, . s� t--
(jary r,President
Drawn By and !tail to:
Singer & McGirt, P.A.
1460 Charlotte Plaza
Charlotte, NC 28244
1113

STATE OF NORTH CAROLINA
COUNTY OF
4.� 4-d , Notary Public for said county and gate, certify
tbat L . in& H- Embler petsoQtaily jpjw—fjbcf0M = this day and wJmowled9W that she is the
Secretary of CENCO, INC., a NOM Carolina corpmtion and that by audwfity duly given and
as the act of the carPorAtion, the fonoing insuuouM was Si9nW in its == by Gary Lee
Honbar[jer' its presidwt, sealed with its corporate seal and attested by her as AS Secretary.
WITNM my band and real 2 this --1- day Of 0C '1994.
NOTARY IIBI.tC
my commission Expires:-

EKHIBTT A
That certain lot or parcel of sand situated in Paw Creek Tbwasli p, Mecklenburg County, North
Carolina and more particularly described as follows:
BEGINNING at an old bolt in the center lide of the P & N Railway track said point being at the
intersection of the rmterline of Melynda Street (formerly Homestead Street) and the center line
of said P & N Railway track and runs thence with said oOterUDe of said Railway N 84-59 w
262.63 feet to an iron in the center Iine of said Railway; tlientie N 1-15-to W 494.54 feet to an
old iron; thence S W21 E 26.65 feed to an old iron,.tbence N 8&41-40 E passing an old iron
326,01 feet to a paint in the center line of Melynda SUM {fornwly Homestead Street); thence
With the center line of said Street S 8-40 W 527.76 W to the point or place of BEGINNING,
all according to that certain survey by Spratt-Seaver, Inc., dated June 8, 1966_
Being in all respects the same parcel or tract of laird conveyed to Ceneo, Inc., a corporation
from MarrowVs Picking & Opening, Inc. by Deed dated October 9, 1968 and duly recorded
in the Mecklenburg Public Registry in Book 3012 at page 255.

�e nrxord, raior;m, zouMy ofMe��
saeferrtibcax(s)uf _ Carolyn S. Gossett
Nokvyrz* PuNicNsc cerdw m bxcmiaa.
3Cmi'teA,.
�` ' De" Repp. of Deeds