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Home My WebLink About07005_Boulingy_Final NBP PackageC/O CITY OF CHARLOTTE, NEIGHBORHOOD DEVELOPMENT KEY BUSINESS 600 EAST TRADE STREET, CHARLOTTE, NC 28202 PHONE 704-336-3499 FAX 704-336-2527 INTERNET www.enr.state.nc.us AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER – September 5, 2003 Laurence L. Prince, Jr NODA Properties, LLC 1100 East Morehead Street Charlotte, North Carolina 28204 Subject: Approval to Public Comment Former Bouligny Site 2320 North Davidson Street Charlotte, Mecklenburg County Brownfields Project Number 07005-03-60 Dear Mr. Prince: The North Carolina Department of Environment and Natural Resources (DENR) is in receipt of your acceptance of the statutorily required brownfields documents in their present draft form for the reference site. The four brownfields documents are listed below and enclosed herewith: • Notice of Intent to Redevelop a Brownfields Property (NI); • Summary of Notice of Intent to Redevelop a Brownfields Property (SNI); • Notice of Brownfields Property (NBP); and • Brownfields Agreement (BFA). These four documents and the required survey plat (Exhibit B of the NBP) are also acceptable to DENR. Having reached agreement on these documents and payment of the initial brownfields fee, the former Bouligny Site brownfields project is approved to proceed to the public notice phase of the brownfields process. The following information is provided to facilitate your compliance with the statutory requirements regarding public notice, which includes a public comment period of at least 60 days. Public notice is facilitated by a Prospective Developer (PD) making available for the public’s review the full NI package, which consists of the one page NI, and the NBP with its three exhibits; Exhibit A, the BFA; Exhibit B, the survey plat, and; Exhibit C, the legal description. Before the public comment period can begin, PD must complete the following actions in accordance with N.C.G.S. § 130.310.34.(a): MICHAEL F. EASLEY, GOVERNOR WILLIAM G. ROSS JR., SECRETARY DEXTER R. MATTHEWS, DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT Mr. Prince September 5, 2003 Page 2 of 3 • Provide a copy of the full NI to the city and county governments (typically, the city and county manager’s office) having jurisdiction over the subject brownfields Property; • Provide a copy of the full NI to the location, as stated in the SNI, where the full NI will be available for public review, if different than the local government offices; • Arrange for the publication of the SNI in a newspaper of general circulation serving the area in which the Property is located; • File a copy of the SNI with the Codifier of Rules, who will publish the SNI in the North Carolina Register; and • Conspicuously post the SNI at the Property. Please note that, in accordance with N.C.G.S. § 130.310.34.(b), the public comment period begins on the later date of publication of the SNI, as described above. Thus, in order for the public comment period to begin on the date the SNI’s publication in the NC Register, PD must complete the above actions not later than the Register’s publication date. You are advised to contact Ruby Creech (Phone, 919-733-2678; Fax, 919-733-3462; e- mail, postmaster@oah.state.nc.us) Publications Coordinator, at the NC Office of Administrative Hearings (OAH) to make arrangements to have the SNI published in the NC Register. Basically, in order to “make” a given filing deadline date, PD is required to provide OAH with a written request for the publication of the SNI and copy of the SNI itself before close of business (4:30 p.m.) on that date. OAH will require a diskette containing the SNI (in MS Word format) prior to the actual publication date. Finally, you must confirm that the above actions have been completed by providing documentation to DENR (to my attention) as follows: • For the placement of the full NI at local government offices and any other location where the full NI will be available for public review, preferably provide a letter from each such office or location confirming receipt of the full NI from the PD, but at a minimum provide copies of PD’s letter of transmittal to each such office or location; • For the publication of the SNI, preferably provide an affidavit of publication from the publishing entity, but at a minimum provide a photocopy of the actual SNI as published that also indicates the name of the publishing entity and the date of publication; and • For the posting of the SNI at the Property, provide photographs, one close-up and one more distant, of the actual SNI posted at the Property. Mr. Prince September 5, 2003 Page 3 of 3 Thank you for your prompt attention to this important matter. If you have questions about this correspondence or require additional information, please feel free to contact me by phone at (704) 336-3499, or by e-mail at carolyn.minnich@ncmail.net. Sincerely, Carolyn Minnich Brownfields Project Manager Division of Waste Management cc: Superfund Section Central Files ec: Rob Gelblum, Asst. Atty. General Tony Duque, NCDENR Bruce Nicholson, NCDENR From:Larry Prince To:Minnich, Carolyn Subject:letter of transmittal to County manager Date:Thursday, October 28, 2004 8:12:37 AM NODA Properties, LLC 1100 East Morehead St. Charlotte, NC 28204 October 28, 2004 Mr. Harry JonesCounty Manager Mecklenburg County600 E. Fourth Street Charlotte, NC 28202 Dear Mr. Jones: NODA Properties, LLC has been approved to proceed to the public notice phase of obtaining aBrownfields Agreement with NCDENR for redevelopment of the former Bouligny site located at 2320 N. Davidson Street in Charlotte. According to the statute, we are required to file with your office the full Notice of Intent.Enclosed you will find all of the documentation required. If you desire further clarification please do not hesitate to contact me. I would appreciate very much your acknowledgement of receipt of these documents toInclude in our files. Thank you very much. Sincerely: NODA Properties, LLC Laurence L. Prince, Jr. From:Larry Prince To:Minnich, Carolyn Subject:letter of transmittal to city manager Date:Thursday, October 28, 2004 8:11:00 AM NODA Properties, LLC 1100 East Morehead St. Charlotte, NC 28204 October 28, 2004 Ms. Pam SyfertCity Manager City of Charlotte600 E. Fourth Street Charlotte, NC 28202 Dear Ms. Syfert: NODA Properties, LLC has been approved to proceed to the public notice phase of obtaining aBrownfields Agreement with NCDENR for redevelopment of the former Bouligny site located at 2320 N. Davidson Street in Charlotte. According to the statute, we are required to file with your office the full Notice of Intent.Enclosed you will find all of the documentation required. If you desire further clarification please do not hesitate to contact me. I would appreciate very much your acknowledgement of receipt of these documents toInclude in our files. Thank you very much. Sincerely: NODA Properties, LLC Laurence L. Prince, Jr. From:Larry Prince To:Minnich, Carolyn Subject:letter of transmittal to city manager Date:Thursday, October 28, 2004 8:11:00 AM NODA Properties, LLC 1100 East Morehead St. Charlotte, NC 28204 October 28, 2004 Ms. Pam SyfertCity Manager City of Charlotte600 E. Fourth Street Charlotte, NC 28202 Dear Ms. Syfert: NODA Properties, LLC has been approved to proceed to the public notice phase of obtaining aBrownfields Agreement with NCDENR for redevelopment of the former Bouligny site located at 2320 N. Davidson Street in Charlotte. According to the statute, we are required to file with your office the full Notice of Intent.Enclosed you will find all of the documentation required. If you desire further clarification please do not hesitate to contact me. I would appreciate very much your acknowledgement of receipt of these documents toInclude in our files. Thank you very much. Sincerely: NODA Properties, LLC Laurence L. Prince, Jr.