Winston Mutual Transmittal ltr_3-17-14-OCR

North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Division of Waste Management
Dexter R. Matthews
VIAFEDEX
Mr. Joseph B. Williams, Manager
Fifth Street Investments, LLC
211 M Carrick Road
Lexington, NC 27292-6086
Director
March 17, 2014
Subject: Conclusion of Brownfields Agreement Process
Winston Mutual Brownfields Project
1225 East Fifth Street
Winston-Salem, Forsyth County
Brownfields Project Number 16027-12-034
Dear Mr. Williams:
John E. Skvarla, Ill
Secretary
We are very pleased the Brownfields Agreement process regarding this project is approaching
successful conclusion. To that end, please find enclosed the Notice of Brownfields Property
(Notice), the Brownfields Agreement (Agreement) and the plat for this Property ce1iified by the
No1ih Carolina Depaiiment of Enviro1m1ent and Natural Resources (DENR) via the signature of
Linda M. Culpepper, Deputy Director of the Division of Waste Management.
Please promptly have all necessary parties on the Prospective Developer's side of the
transaction sign and notarize the Notice and sign the Agreement. Please file the documents for
recordation with the Register of Deeds of Durham County. Documents to be recorded are:
• The Notice of Brownfields Property (signed and notarized),
• Exhibit A (signed Brownfields Agreement),
• Exhibit B (8 V2 x 11 reduction of the plat),
• Exhibit C (Legal Description),
• Exhibit 1 (Area Map), and
• Full-sized survey plat (signed by DENR).
(N.C.G.S. § 130A-310.35(b) requires filing of the Notice within 15 days of Prospective
Developer's receipt of DENR's approval of the Notice or Prospective Developer's entry into the
Brownfields Agreement, whichever is later.)
You are responsible for obtaining the Register of Deeds signature at the end of the Notice,
although the Register of Deeds' stamp at the top of the Notice's first page with the Book and
Page numbers where both the Notice and the plat are recorded will suffice. Upon your filing of
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: [phone] \Internet: http://portal.ncdenr.org/web/wm
An Equal Opportunily \Affirmative Action Employer-50% Recycled\ 10% Post Consumer Paper
Winston Mutual
Page 2
the Notice, the Register of Deeds is required by N.C.G.S. § 130A-310.35(c) to record and index
it in the grantor index under the names of the owners of the land, and, if different, also under the
name of the Prospective Developer.
Pursuant to paragraph 19 of the Agreement, within three days after the Register of Deeds has
recorded the Notice of Brownfields Prope1iy, you must furnish DENR a copy of the Notice
containing a certification by the Register of Deeds as to the Book and Page numbers where both
the Notice and the plat are recorded, and a copy of the actual, full-sized plat with notations by
the Register of Deeds indicating its recordation. (Make sure that the exhibits to the Notice are
attached to the certified copy you furnish DENR.) Please send these items to:
Ms. Shirley Liggins
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
Thank you for your attention to these final administrative matters, and also for your help during
the course of completing the Brownfields Agreement process regarding this site.
Bruce Nicholson
Brownfields Program Manager
Enclosures
cc: Drew Gerstmyer, East Coast Capital, Inc.
Linda Culpepper, DENR
Sharon Eckard, DENR
Shirley Liggins, DENR