11037_Double Oaks 2nd Amend NBPU

11037-07-060/Double Oaks (DRAFT 2016_10_31)

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Double Oaks Brownfields Project Number: 11037-07-060

North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes
(“NCGS”) § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act’s
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality (“DEQ”). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party (”Prospective Developer”) who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Second Amendment to
Notice of Brownfields Property and Second Amendment to Brownfields Agreement for a particular
brownfields project is attached hereto; the proposed Second Amended Brownfields Agreement, which is
attached to the proposed Second Amended Notice of Brownfields Property as Exhibit A, contains the other
required elements of this Notice. Written public comments may be submitted to DEQ within 30 days after
the latest of the following dates: the date the required summary of 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 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 November 3, 2016, 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
comments and 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

11037-07-060/Double Oaks (draft 2016_10_31)

SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Site Name: Double Oaks Brownfields Project Number: 11037-07-060

Pursuant to NCGS § 130A-310.34, Double Oaks Development, LLC, as Prospective Developer,
has filed with the North Carolina Department of Environmental Quality (“DEQ”) a Notice of Intent to
Redevelop a Brownfields Property (“Notice”) in Charlotte, Mecklenburg County, North Carolina. The
initial Notice of Brownfields Property and accompanying Brownfields Agreement between DEQ and
Double Oaks Development, LLC (“Agreement”) was recorded on October 27, 2010 at the Mecklenburg
County Register of Deeds in Book 26016, Pages 132-169 (with the associated plat recorded in Plat Book
52, Page 800). On August 18, 2015, an amendment to the Agreement was filed in Book 30212, Page
Number 758, and ending with Page Number 768. DEQ and the Prospective Developer now intend to further
amend the Agreement. This Second Amendment relates to eight parcels (342-349 on Exhibit B Plat Map)
between Double Oaks Boulevard and the area labeled as “Land Use Restriction Area #3”. Double Oaks
Development, LLC has committed itself to an expansion of existing permitted uses to include residential
redevelopment on this portion of the Brownfields Property. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Second Amendment to the Agreement between, which in
turn includes (a) a map showing the location of the Brownfields Property, (b) a description of the
contaminants involved and their concentrations in the media of the Brownfields 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 Second Amended 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 the Charlotte-
Mecklenburg Public Library, Robinson-Spangler Carolina Room, 310 North Tryon Street, Charlotte, NC
28202, [phone]; 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 [e-mail], or at [phone].

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 Property 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 November 3, 2016, 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

Prepared by NCDEQ. Return to:

Julie A. Porter
Double Oaks Development, LLC
c/o Charlotte Mecklenburg Housing Partnership, Inc.
4601 Charlotte Park Drive, Suite 350
Charlotte, NC 28217

SECOND AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND
SECOND AMENDMENT TO BROWNFIELDS AGREEMENT
Site Name: Double Oaks
Brownfields Project Number 11037-07-060

This SECOND AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND
SECOND AMENDMENT TO BROWNFIELDS AGREEMENT (“Amendment”) is entered into
effective as of the ___ day of ______________, 2016 by the North Carolina Department of
Environmental Quality (“DEQ”) and Double Oaks Development, LLC, a North Carolina limited
liability company (the “Owner”).

WHEREAS, a Notice of Brownfields Property with regard to the property more
particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the
“Property”), was recorded in Book 26016, Pages 132-169 (with the associated plat recorded in
Plat Book 52, Page 800) at the Mecklenburg County Registry (the “Notice”) pursuant to the
Brownfields Property Reuse Act, N.C. Gen. Stat. § 130A-310.30, et. seq. (the “Act”). An
Amendment was previous filed on this Property on August 18, 2015 in instrument number
2015108033 in Book 30212, Page Number 758, and ending with Page Number 768. A
Brownfields Agreement between DEQ and Owner (the “Brownfields Agreement”) was attached
to the Notice as an exhibit;

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WHEREAS, the Owner has requested that DEQ further amend the Notice, specifically,
Exhibit “B” Survey Plat defined “Area Containing Waste” on the map and Land Use Restriction
Numbers 3, 9 and 10 included in the Notice (and corresponding paragraph 14 in Exhibit “A” to
the Notice and, Exhibit “B” the Brownfields Agreement).

NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth below, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the
parties hereto represent to each other and agree as follows:

A. The Notice and the Brownfields Agreement attached thereto is hereby amended as
follows for Land Use Restrictions in the Notice:
3. This Land Use Restriction strictly concerns the designation area denoted as AREA CONTAINING WASTE on the revised plat map attached hereto updated ________________ 2015 and recorded in the Mecklenburg County land records, Plat Book , Page
a. title to this area shall remain in Double Oaks Development, LLC, or in a
homeowner’s association created pursuant to a condominium declaration, “covenants, conditions
and restrictions” or functionally equivalent instrument recorded in the land records of Mecklenburg County or another entity with prior written DEQ approval.
b. absent prior written DEQ approval, the area may only be used as open space;
c. no above or below ground construction or improvements (including, but not
limited to, utilities, roads, and sidewalks) may be installed unless approved in writing in advance
by DEQ;
d absent prior written DEQ approval no alteration or disturbance of the existing soil, landscape and contours shall occur other than erosion control measures approved by DEQ;
e. activities necessary to maintain the security and structural integrity of the area
are allowed with prior written approval of DEQ; and
f. mowing of vegetation and tree pruning is allowed.
9. During January of each year after the year in which this Notice is recorded, the owner of any part of the Property as of January 1st of that year shall submit a notarized Land Use
Restrictions Update (“LURU”) to DENR and to Mecklenburg County’s Land Use and
Environmental Services Agency, currently located at 700 North Tryon Street, Charlotte, North
Carolina 28202, certifying that, as of said January 1st, this Notice remains recorded at said county’s Register of Deeds office and that the Land Use Restrictions are being complied with, and stating: to DEQ, and to the chief public health and environmental officials of Mecklenburg
County, certifying that, as of said January 1st, the Notice of Brownfields Property containing
these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office
and that the land use restrictions are being complied with, and stating:
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e. whether soil caps (hardscape materials, clean soil, stone) and landscaping required by
subparagraph 3 above are being inspected and maintained to prevent erosion and/or human
exposure to contaminated soil or other media. In accordance with said subparagraph, the caps must be maintained such that they are intact, uncompromised, in good condition and continuing to serve as barriers to the soil contamination in relation to which they were installed.
10. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons listed in Exhibit A Section XV (Notices and Submissions), though financial figures related to the
conveyance may be redacted. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Exhibit A Section XV (Notice and Submissions); or (ii) Prospective Developer
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Exhibit A Section XV.
Pursuant to N.C. Gen. Stat. § 130A-310.35(e), this Second Amendment shall be recorded
in the Mecklenburg County Registry and indexed on the grantor index in the name of the Owner
of the Property as shown in the Notice and on the grantee index in the name “Secretary of
Environment Quality.” Also pursuant to N.C. Gen. Stat. § 130A-310.35(e), if practicable, a
marginal entry shall be made on the Notice showing the date of amendment and the book and
page where this Second Amendment is recorded.
The undersigned has been delegated the authority by the Secretary of DEQ to execute this
Second Amendment.
[signatures on following page]

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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of
the day and year first above written.

DEQ:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

By: ______________________________________ Name: Michael E. Scott
Title: Director, Division of Waste Management

STATE OF NORTH CAROLINA
COUNTY OF ________________

I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document: ___________________________.

Date: _____________, 2015

_________________________________ Official Signature of Notary
(Official Seal)
_____________________________,
Printed Name of Notary Public

[signatures continue on following page]

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IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of
the day and year first above written.

OWNER:
DOUBLE OAKS DEVELOPMENT, LLC a North Carolina limited liability company

By: _____________________________________________
Julie A. Porter, Managing Member

NORTH CAROLINA
_____________ COUNTY

I, _________________________, a Notary Public of the county and state aforesaid, certify
that_________________________ personally came before me this day and acknowledged that
he/she is a Member of Double Oaks Development, LLC, a North Carolina limited liability
company, and its Manager, and that by authority duly given and as the act of the company, the
foregoing was signed in its name by him/her.

WITNESS my hand and official stamp or seal, this ____ day of_______________, 20__.

____________________________________
Name typed or printed:
Notary Public

My Commission expires: ___________________
[Stamp/Seal]

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EXHIBIT “A”

LEGAL DESCRIPTION