23056 Affordable Custom Approval for PC 20201009

From:Schmithorst, William L
To:Franchina, David A.
Cc:Scott, Michael; Nicholson, Bruce; Wahl, Tracy; Leonard, Laura; Watson, Samuel; Liggins, Shirley; Jesneck,
Charlotte; Tatum, Katie; Macdonald, Janet K; Day, Collin; Lorscheider, Ellen; Tubridy, Michael; Joseph Patrick
Nestor; Lumpkin, Samuel O.
Subject:Approval to Proceed to Brownfields Public Notice - Affordable Custom Iron (BF#23056-19-060)
Date:Friday, October 9, 2020 7:58:00 AM
Attachments:Affordable Custom NI 20201009.docxAffordable Custom SNI 20201009.docxAffordable Custom Iron BFA 20201008.docxAffordable Custom Iron NBP for PC 20201008.pdf
Dave,

Based on acceptance by the Prospective Developer 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) and the
Brownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of the
NBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) in
connection with the required public notice and comment period of at least 30 days regarding the
subject brownfields project. Those tasks are as follows:

1. Publish the approved SNI in a newspaper of general circulation serving the area in which the
brownfields property is located,
2. Conspicuously post a copy of the SNI at the brownfields property,
3. Mail or deliver the SNI to each owner of property contiguous to the brownfields property,
4. Local libraries are experiencing closures or limited access due to State of North Carolina
restrictions related to COVID-19; therefore, the full Notice of Intent to Redevelop a Brownfields
Property will be posted online for public access at the DEQ public record Laserfiche database.
5. 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 brownfields property.

Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin following completion of
the above tasks. The NI and SNI, with a date filled in representing our belief as to how long it will
take you to complete those tasks by October 13, 2020, are attached hereto. The comment period
shall not end any sooner than 30 days after you complete the tasks.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the
public notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentation
shall be submitted by promptly providing to me, preferably at [e-mail] or at
Brownfields Program, 1646 Mail Service Center, Raleigh, NC 27699-1646, the following:

Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the
newspaper which shows the name of the newspaper and the date of publication,
Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property,
Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners,
Letter confirming receipt of the full NI from each local government entity and the entity
where the document will be available for viewing or delivery confirmation from the carrier
confirming such receipt by these entities.

Thank you for your attention to these matters. If you have any questions or require additional
information, you may contact me.

Bill Schmithorst
Project Manager, DWM Brownfields ProgramNorth Carolina Department of Environmental Quality
919.441.3606 (Mobile - Primary)919.707.8159 (Office)
[e-mail]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.