24010_Yandle-Witherspoon Supply Inc._Revised LOE_2020.05.18

Yandle-Witherspoon Inc.
May 12, 2021
Page 2

May 18, 2021

Sent Via USPS and email
Jay Levell
WP Yandle, LLC
4064 Colony Road, Suite 310
Charlotte, NC 28211
[e-mail]

Subject: Amended Letter of Eligibility
Yandle-Witherspoon Supply Inc.
1001, 1019, & 1021 North Brevard Street; 314 Belmont Avenue; 1101 N. Brevard Street;
unaddressed parcels 08104203, 08104105; Northwest Parcel, Southwest Parcel, and Alleyway
depicted in Exhibit A
Charlotte, Mecklenburg County
Brownfields Project Number 24010-20-060

Dear Mr. Levell:
The North Carolina Department of Environmental Quality (DEQ) has received and reviewed your
March 23, 2021 Brownfields Property Application (BPA) submitted by Alexander Ricks PLLC on behalf
of WP Yandle, LLC as a Prospective Developer seeking a Brownfields Agreement regarding the
Brownfields Property. The revised application indicates that the applying Prospective Developer entity
for the subject property is WP Yandle, LLC, whereas the subject property was previously accepted into
the Brownfields Program on April 3, 2020 with White Point Partners as the Prospective Developer. The
revised application also requests the addition of the following parcels: Mecklenburg Parcel ID 08104201,
08104105 and “Northwest Parcel”, “Southwest Parcel”, and “Alleyway” depicted in Exhibit A. Upon
review of the BPA and associated documents with respect to the requirements of the Brownfields
Property Reuse Act of 1997, DEQ has determined that this project is eligible for entry into the North
Carolina Brownfields Program (NCBP) and for continued evaluation for a Brownfields Agreement
(BFA).
According to the BPA, the intended redevelopment for the Brownfields Property includes the
potential for industrial, office, parking, retail, warehousing, commercial, multi-family residential,
recreational, and institutional. Because risk management decisions may vary depending on the nature of
the redevelopment, it will be important that DEQ review the locations of the various elements. Please
forward any maps or drawings indicating these details, even if they are only preliminary or conceptual.
Please note: pending execution of a final BFA, NCBP eligibility is provisional. The protections a
BFA offers the Prospective Developer are not in effect, unless and until, the BFA is executed. If you
occupy the Brownfields Property or operate or conduct activities at the Brownfields Property that result in
a release of regulated substances before a BFA has been finalized for the Brownfields Property, you may
be considered to have caused or contributed to contamination at the Brownfields Property. Because an
entity that could be considered to have caused or contributed to contamination at the Brownfields
Property cannot be a Prospective Developer under the Act, your eligibility for participation in the NCBP
would be placed in jeopardy.
Yandle-Witherspoon Inc.
May 18, 2021
Page 2
Consult closely with your Project Manager regarding any planned site activities prior to
agreement finalization. You are cautioned to conduct all such operations and activities at the Brownfields
Property with great care not to cause a release of regulated substances at the Brownfields Property that
could jeopardize your eligibility for participation in the NCBP.
If a party other than WP Yandle, LLC will own the Brownfields Property at the conclusion of the
brownfields process, the final document (which gets recorded at the register of deeds’ office) must be
signed not only by Prospective Developer, but by that owner. Failure by the Prospective Developer to
ensure, by the time the BFA negotiations are complete, the willingness to sign of any such party, and to
provide DEQ the exact name, email address, telephone number, and US mail address of the party (along
with the signatory/signatory’s tile in the case of an entity) will delay, and could prevent, the BFA taking
effect.
We are excited about the potential for public benefit offered by the reuse of the Yandle-
Witherspoon Supply Inc. property and look forward to working with you to advance this brownfields
redevelopment project. If you have questions about this correspondence or require additional
information, please feel free to contact the project manager Bill Schmithorst by phone at
919.441.3606, or by e-mail at [e-mail].
Sincerely,
Bruce Nicholson
Brownfields Program Manager
ec: Central Files, DEQ
Ellen Lorscheider, DEQ
Tracy Wahl, DEQ
Chris Walker, Alexander Ricks PLLC