25068_Dynatech IV_LOE 20211117 rev

November 17, 2021

Sent Via Email

Kevin North
2320 Toomey Avenue Owner, LLC
c/o Toomey Avenue, LLC
4445 Willard Av, Suite 900
Chevy Chase, MD 20815
[e-mail]

Subject: Letter of Eligibility Revised
Dynatech IV
2320 Toomey Ave
Charlotte, Mecklenburg County
Brownfields Project Number 25068-21-060

Dear Mr. North:

The North Carolina Department of Environmental Quality (DEQ) has received and
reviewed your August 13, 2021 Amendment to Brownfields Property Application (BPA)
submitted by Chris Walker of Alexander Ricks, PLLC on behalf of 2320 Toomey Avenue Owner,
LLC as a Prospective Developer seeking a Brownfields Agreement regarding the Brownfields
Property. The revised application adds the 2320 Toomey Avenue Parcel to the existing
brownfields application.

The proposed Dynatech IV Brownfields Property consists of the property located at 2320
Toomey Avenue (Parcel# 11904626) and is planned for commercial reuse. 2320 Toomey Avenue
was not part of the original Dynatech II Brownfields Property Application approved on February
5, 2021, but was included in assessment activities and discussed in detail with the Brownfields
Program. Upon review of the Amendment BPA 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 is commercial. 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. 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 the 2320 Toomey Avenue Owner, 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 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 (Carolyn Minnich) by phone at 704/661-0330, or by e-mail
at [e-mail].
Sincerely,

Bruce Nicholson
Brownfields Program Manager

ec:  Central Files, DEQ
Michael E. Scott, DEQ
Carolyn Minnich, DEQ
Wes McAdams, [e-mail]
Laura Truesdale, [e-mail]
Mary Katherine Stukes, [e-mail]