18050_Cenco_Amended_BPA_20161130

VAN BUREN LAW, PLLC
l'ifovember28,2016
FEDERAL EXPRESS OVERl'ifIGHT
l'ifC Brownfields Program
Attention: Ms. Shirley Liggins
Division of Waste Management, l'ifC DEQ
217 West Jones Street
Raleigh, l'ifC 27603
RE: Cenco Inc. Site, 609 Melynda Road, Charlotte, l'ifC (the "Property");
Brownfields Project# 18050-14-060
Dear Ms. Liggins:
Please find enclosed herewith a revised Affidavit Re: Responsibility and
Compliance executed by Mr. Tim Frye of DTJT Properties, LLC, the Prospective
Developer for the Property. A revised Brownfields Application has also been
submitted to the Brownfields Program; the Brownfields Application now covers
only four parcels of property, rather than the original six parcels. These revisions
were made pursuant to questions received from Ms. Sarah Hardison of the
Brownfields Program.
Please call me with any questions.
Enclosure
Cc: Mr. Lebeed Y. Alkadhi (via email, w / enc
Ms. Sarah Hardison (via email, w / encl)
Bobby D. Hinson, Esq. (via email, w/e cl)
Tim A. Frye, Sr. (via email, w / encl)
524 East Boulevard I Charlotte, NC 282031 phone [phone] www.vanburenlaw.com
Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PD) INFORMATION {USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE-DO NOT USE THE RETURN KEY}
A. PD information:
Entity name DT JT Properties, LLC
Principal Officer Mr. Tim A. Frye, Sr.
Representative Mr. Tim A. Frye, Sr.
Mailing Address 4511 Keeter Drive
Charlotte, NC 28214
E-mail address [e-mail]
Phone No. 704-596-0555
Fax No. N/A
Web site
B. PD contact person information (i.e., individual who will serve as the NCBP's point of
contact if different than above):
Name
Company
Mailing Address
E-Mail Address
Phone No.
Fax No.
Carol Jones Van Buren, Esq.
Van Buren Law, PLLC
524 East Boulevard
Charlotte, NC 28203
[e-mail]
704-366-4608
NA
C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
(Use for LLCs)
Member-managed or manager-managed? Answer: Manager
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If manager-managed, provide name of manager and percent of ownership:
Name Tim A Frye, Sr
Ownership(%) 100%
Mailing Address 4511 Keeter Drive
Charlotte, NC 28214
E-Mail Address [e-mail]
Phone No. 704-596-0555
Fax No. NIA
For all LL Cs, list all members of the LLC and provide their percent of ownership:
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Tim A Frye, Sr.
100 %
Same as above
Same as above
Same as above
N/A
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Managers of manager-managed LLCs are required to execute all brownfield documents for
the LLC; as to member-managed LLCs, state name of member who will sign these
documents.
Tim A. Frye, Sr.
List all parent companies, subsidiaries and other affiliates:
PD has no parent companies and owns no interest in any subsidiary companies. A list of
"affiliates" is attached as Exhibit A.
(Use for Partnerships)
Check one: 0General Partnership Olimited Partnership
List all partners and percent of ownership:
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
N/A
Is this person a general or limited partner? N/A
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
N/A
Is this person a general or limited partner? N/A
List all parent companies, subsidiaries and other affiliates:
N/A
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(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate "same as 1.A." below.)
Name
Mailing Address
E-Mail Address
Phone No.
Fax No.
N/A
List all parent companies, subsidiaries and other affiliates:
N/A
(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate "same as 1.A." above.)
Name
Mailing Address
E-Mail Address
Phone No.
Fax No.
N/A
D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation
such as letters of credit, financial statements, etc.)
Answer Yes.
Explanation PD is an affiliate of FSI, Inc. (FSI). More information on FSI can be found at
www.fsiinc.biz. FSI, Inc. is a family-owned and operated company, founded over 25 years
ago. FSI has four different locations in Charlotte: 1) 4511 Keeter Drive, Charlotte, NC; 2)
360 AquaChem Drive, Charlotte, NC; 3) 1127 Tar Heel Road, Charlotte, NC; and 4) 1301
Exchange Street, Charlotte, NC. These properties have several milion dollars of equity.
E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?
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Answer Yes
Explanation PD's affiliate, Tim Frye, Sr. and FSI, Inc., have the managerial means
necessary to complete the development and implementation of the Brownfields Agreement
and assure the safe use of the Brownfields Property. Further, PD has hired Hart & Hickman
as an environmental consultant for the project and Van Buren Law, PLLC as environmental
counsel for the project to provide additional expertise in environmental areas.
F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation PD has retained the services of Hart & Hickman (environmental consulting)
and Van Buren Law, PLLC (environmental legal counsel) to assist in providing technical
support and guidance to ensure compliance with the Brownfields Agreement.
G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?
Answer Yes
(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)
NIA
H. Does PD currently own the property?
Answer No
If yes, when did PD purchase the property and from whom? (Provide name, address,
telephone number and email address of the contact person for the current
property owner.)
NIA
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
The name, address, telephone number and email address for the property owner, Cenco
Incorporated, is attached:
Cenco Incorporated
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cfo Tim Joiner, Bank of America
150 N. College St. Charlotte, NC 28255
Email: [e-mail]
Phone: [phone]
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer Yes
If yes, provide date of contract. September 27, 2016
If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)?
NIA
J. Describe all activities that have taken place on the property since PD or PD's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or
operated at the property (e.g., industrial, manufacturing or commercial activities, etc.).
(Include a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that have
been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)
To date, PD and its affiliates have conducted Phase I due diligence activities and may
conduct Phase II activities on the parcels. PD and its affiliates do not own and have not operated on
any of the properties.
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Cenco Project
acreage 21.39 County Mecklenburg
street address(es) 21.39 acres on Melynda Road
city Charlotte zip 28208
tax ID(s) or PIN(s) 05712101 (2.086 acres), 05712102 (11.85 acres), 05712218 (6.84
acres) and 05712302 (0.618 acres)
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past use(s) Tanker truck rinsing, chemical storage, undeveloped
current use(s) Towing, truck repair, drayage, undeveloped
cause(s)/source(s) of contamination:
known Lagoons, wastewater treatment system
suspected AST, UST
B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No's may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality's incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In
many instances, the PD will need to actively seek out this information by reading
environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)
Agency Name/ID No: DWM, HWS: EPA ID No. NCD046148540
Agency Name/ID No: DWQ, APS: Incident No. 8440
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property is abandoned. idled. or underused?
The property is located in Charlotte"s Business Corridor Revitalization Area (BCRA). The
parcels described in this Application have been underutilized since approximately 1995.
Currently, only parcel 05712102 is being used for commercial purposes including towing,
truck repair and drayage. Rental by the tennant is on a month-to-month basis.
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supporting documentation such as
letters from lending institutions)?
The existence of known soil and groundwater contamination on this property is creating a
hindrance for the purchase and financing of improvements and future construction on the parcels
of land comprising the Brownfields Property. Further, it may also be a concern for future tenants
of the subject property.
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E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions)?
The existence of known soil and groundwater contamination on this property is creating a
hindrance for the purchase and financing of improvements and future construction on the parcels
of land comprising the Brownfields Property. Further, it may also be a concern for future tenants
of the subject property
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
PD hopes to redevelop the Brownfields Property for use transit, distribution and warehousing
of commercial goods, container yards and depot operations, minor truck and container
maintenance and repairs (as limited below), container sales, and intermodal and
transportation services, as well as other commercial purposes. PD will conduct general truck
maintenance (oil changes, fluid changes) off-site at a nearby parcel. The Brownfields
Property will be used for limited maintenance activities (welding, electrical repair, tire
changes). No oil changes or other fluid servicing of vehicles or machinery will be conducted
on the Brownfields Property, excepting minimal repairs and servicing of on-site equipment
(like fork lifts, etc.) in service at the facility. No container rinsing or cleaning will be
conducted at the Brownfields Property. Initially, PD intends to spend $1,000,000 on grading,
constructing gravel parking and storage areas, constructing a silt pond and adding fencing
and lighting. Future development plans willinclude construction of warehouses and paved
parking.
G. Current tax value of brownfields property: $1,297,000
H. Estimated capital investment in redevelopment project: $1,000,000 (first phase)
I. List and describe the public benefits that will result from the property's redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic
places, improving disadvantaged neighborhood quality-of-life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have
community or environmental benefits. In gauging public benefit, NCBP places great value
upon letters of support from community groups and local government that describe
anticipated improvements in quality of life for neighboring communities that the project will
bring about. The inclusion of such support letters with this application is recommended and
encouraged.)
Public benefit will be derived from the increased tax base and increased jobs in the
community during construction of new improvements and as the employees of any new tenants
to the area choosing to rent buildings at the property. Further, entry of the property into the
Brownfields Program has faciliated assessment of the known solvent and petroleum
contamination in groundwater and assessment and management of any potential contamination
impacts.
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Special Note: Please describe all environment-friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of
energy, and/or recycling/reuse of old building materials such as brick or wood.
The plans for the new development are in a preliminary stage. No final decisions have been
made yet regarding final design.
J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the
same as 1.A. above, please indicate.)
Name OT JT Properties, LLC or the existing owner, Cenco Incorporated
(followed by acquisition by OT JT Properties, LLC shortly thereafter).
Mailing Address
E-Mail Address
Phone No.
Fax No.
Previously Provided
Ill. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP, that it
did not cause or contribute to contamination at the property and that it meets all other
statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this
application. An original hard copy of this affidavit must be filled out, signed, notarized and
submitted with this application.)
Is the required affidavit. as described above. included with this application?
Answer Yes
B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the required Proposed Brownfields Agreement , as described above, included with this
application?
Answer Yes.
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C. Location Map: PD must provide a copy of the relevant portion of the 1 :24,000 scale
U.S.G.S. topographic quadrangle map that shows the location of the property, clearly
plotted, and that measures at least an 8 Y, by 11 inches. (Note: these maps can be
purchased through the above link, or often through retail outdoor recreation stores that can
print out the relevant map. Often environmental reports have location maps that use this
type of map format as the base for its location map.)
Is the required location map included with this application?
Answer Yes, as part of Ready for Reuse Brownfields Application.
D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process, one
or more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfie/ds survey plat which includes the information listed in
the brownfields survey plat guidance.)
Is the required preliminary survey plat included with this application?
Answer Yes, as part of Ready for Reuse Brownfields Application.
E. Site Photographs: PD must provide at least one pre-redevelopment photograph of the
property, in either hard copy or electronic format, that shows existing facilities and
structures. Please note that the NCBP prefers to have electronic photos instead of or
in addition to hard copies. Electronic copies of photographs should be emailed to:
[e-mail] with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes, as part of Ready for Reuse Brownfields Application.
Have electronic copies of the photographs been emailed to NCBP?
Answer Yes, as part of Ready for Reuse Brownfields Application.
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are any environmental reports/data being submitted with this application?
Answer Yes, as part of Ready for Reuse Brownfields Application.
If environmental reports/data are being submitted with this application. please provide the
title. date and author of each item being submitted:
Previously submitted
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IV. ADDITIONAL REQUIRED FORMS
The following forms are to be filled out and submitted with the application including the
Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.
Submittal of the Affidavit requires signature and notarization, and the Proposed
Brownfields Application requires an initial.
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: DTJT Properties, LLC
UNDER THE AUTHORITY OF
NORTH CAROLINA GENERAL
STATUTES 3 130A-310.30, et. seq.
)
)
)
AFFIDAVIT
RE: RESPONSIBILITY
AND COMPLIANCE
DTJT Properties, LLC, being duly sworn, hereby deposes and says:
I. I am <<Manager>> ofDTJT Properties, LLC.
2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations
contained herein and to legally bind DTJT Properties, LLC. "]
3. DTJT Properties, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields
Act), in relation to the following Tax Parcels Numbers 05712101 (2.086 acres), 05712102 (11.85
acres), 05712218 (6.84 acres), and 05712302 (0.618 acres) parcel(s) in Charlotte, Mecklenburg,
County, North Carolina: 544 and 609 Melynda Rd., 631 Toddville Rd and an unaddressed parcel on
Grove Street.
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that DTJT
Properties, LLC , and any parent, subsidiary or other affiliate meets the eligibility requirements
ofN.C.G.S. 3 130A-3 l 0.31 (b )(] 0), in that it has a bona fide, demonstrable desire to develop or
redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding
paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that DTJT
Properties, LLC meets the eligibility requirement ofN.C.G.S.3130A-310.32(a)(l) in that it and
any parent, subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the environment.
Affiant further saith not.
@w7;t?~i~ LLc a1 a2:-~
Signature/Print Name
Notary Public
Preliminary Proposed Brownfields Agreement
I. Property Facts
a. Property Address(es): 21.39 acres at 544 and 609 Melynda Road and 631 Toddville Rd. and
an unaddressed parcel on Grove Street, Charlotte, NC 28208
b. Property Seller: Cenco Incorporated
c. Property Buyer: DTJT Properties, LLC
d. Brief Property Usage History: See Environmental Summary Report dated May 15, 2014
submitted previously by Cenco Incorporated
e. The planned reuse will potentially involve the following use classification( s) ( check all that
apply):
D School/childcare/senior care
D Residential
D
C2J
Commercial, retail (specify)
Other commercial (specify) Office and commercial operations, truck and storage
container maintenance and repair, intermodal and transportation services
D Office
C2J
C2J
D
D
C2J
Light industrial
Heavy industrial
Recreational
Open space
Other (specify)
II. Contaminant Information
Warehouse & Distribution
a. The contaminant situation at the property is best described by the following ( check all that
apply):
C2] Contaminants are from an on-property source( s)
D Contaminants are from an off-property source(s)
D Contaminants are from an unknown source(s)
D Contaminants have not yet been documented on the property
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b. Contaminated Media Table. (If known, check appropriate boxes below)
Contanrinant
Types
0 Chlorinated
r Solvents
g (list):
a
n
i
c
s
Petroleum:
ASTsD
USTsD
OtherD
Other (list):
Metals
n (list):
0
r
g
known
Yes
Yes
Soil Groundwater Private Wells
and/or Surface
Water
Sus ected known Sus ected known sus cted
Yes
Yes
Yes
Yes
a
n1-~~~~---+-~~~+-~~~+-~~---1-~~~---1-~~~+-~~
Other (list):
c
s
m. Protective Measures
Vapor Intrusion
known sus ected
I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use( s) through the following
mechanism(s) (check all that apply):
~ Contaminant remediation to risk-based levels.
~ Engineered Controls ( e.g., low permeability caps, vapor mitigation systems, etc)
~ Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any
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final brownfields agreement generated by the NCBP, land use restrictions will ultimately
come with the continuing obligation to submit an annual certification that the Land Use
Restrictions are being complied with and remain recorded at the applicable register of
deeds office.)
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the Department of Environmental Quality and the Department of Justice. In
satisfaction of the Act, the following fees apply to a brownfields agreement that is developed for
this project under the standard program, subject to negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application, the affidavit and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields
agreement. Should the prospective developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
c. Any addendum/modifications to the BF A or NBP after they are in effect will result in an
additional fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
e. Additional fees are charged for the Ready for Reuse and Redevelopment Now programs.
~ / Please check this box and initial in space provided to indicate your
acknowledgement of the standard brownfields fee structure.
~ ~/ Please check this box and initial in space provided to indicate your interest in the
Ready for Reuse or the Redevelopment Now programs, and your acknowledgement of the
alternate fee structure as outlined in the Ready for Reuse or the Redevelopment Now Fee
Consent Document (under separate cover).
Date of Submittal: JI (;o /rff
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