18050_Cenco_BPA_20141022

Ms. Shirley Liggins
October 22, 2014
Page2
If you have any questions, please contact me at [phone] or at
[e-mail]. We look forward to working with you on this project.
Sincerely,
Hart & Hickman, PC
d~~?~
John D. Reuscher, P.G., RSM
Project Manager
Attachments
pc: Mr. Tony Joiner -Bank of America, N.A. as Agent for Cenco, Inc.; Charlotte, NC
\\hhfsOl.harthickman.Iocal\masterfiles\AAA-Master Projects\Bank of America, N.A. (BOA)IUS Trust, Bank of America Private Wealth
Management\BOA-002 CENCO Brownfields Activities\RFRBP Application\Application Letter (8.22.14).doc
hart '$-hickman
SMARTER ENVIRONMENTAL SOLUTIONS
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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
Principal Officer
Representative
Mailing Address
E-mail address
Phone No.
Fax No.
Web site
To Be Determined
B. PD contact person information O.e .. individual who will seNe as the NCBP's point of
contact if different than above):
Name
Company
Mailing Address
E-Mail Address
Phone No.
Fax No.
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:
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If manager-managed, provide name of manager and percent of ownership:
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
For all LLCs, 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.
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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.
List all parent companies, subsidiaries and other affiliates:
(Use for Partnerships)
Check one: 0General Partnership DLimited Partnership
List all partners and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
List all parent companies, subsidiaries and other affiliates:
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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.
List all parent companies, subsidiaries and other affiliates:
(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.
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
Explanation
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?
Answer
Explanation
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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
Explanation
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
(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.)
H. Does PD currently own the property?
Answer
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.)
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer
If yes, provide date of contract.
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)? Note: the Act requires the PD to demonstrate that it
intends to either buy or sell the property.
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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.)
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name To Be Determined
acreage 37.859 street address( es) 609 Melynda Road
city Charlotte County Mecklenburg zip 28208
tax ID(s) or PIN(s) 05710152 (9.49 acres), 05710153 (6.39 acres), 05712101 (2.67
acres), 05712102 (11.85 acres}, 05712218 (6.84 acres}, and 05712302 (0.619 acres)
past use(s) Tanker truck rinsing, undeveloped
current use(s) Towing, truck repair, drayage, undeveloped
cause(s)/source(s) of contamination:
known former wastewater treatment system
suspected
B. Regulatorv Aaency 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 inventorv 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:
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Agency Name/ID No:
C. In what way(s) is the property 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)?
To Be Determined
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)?
To Be Determined
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.
To Be Determined
G. Current tax value of brownfields property: $1,747,900
H. Estimated capital investment in redevelopment project: $To Be Detrmined
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.)
To Be Determined
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.
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To Be Determined
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
Mailing Address
E-Mail Address
Phone No.
Fax No.
To Be Determined
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. It must be filled out signed notarized, and submitted with this application.)
Is the required affidavit. as described above. included with this application?
Answer No, Not Applicable
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 No, Not Applicable
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 property clearly plotted, and that
measures at least an 8 % 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 as the base
for its location map.)
Is the required location map included with this application?
Answer Yes, see attached Environmental Summary Report in Exhibit A.
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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 brownfields survey plat which includes the information listed in
the brownfields survev plat guidance.)
Is the required preliminarv survey plat included with this application?
Answer Yes, see attached Environmental Summary Report in Exhibit A.
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, see attached Environmental Summary Report in Exhibit A and additional
photographs in Exhibit B ..
Have electronic copies of the photographs been emailed to NCBP?
Answer No; included with this 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, see attached Exhibit A.
If environmental reports/data are being submitted with this application. please provide the title,
date and author of each item being submitted:
Environmental Summary Report, May 15, 2014, Hart & Hickman, PC
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 ENVIRONMENT
AND NATURAL RESOURCES
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: To Be Determined
UNDER THE AUTHORITY OF )
NORTH CAROLINA GENERAL )
STATUTES 3130A-310.30, et. seq. )
AFFIDAVIT
RE: RESPONSIBILITY
AND COMPLIANCE
<<PROSPECTIVE DEVELOPER NAME>>, being duly sworn, hereby deposes and says:
1. I am <<Title>> of <<Company>>.
2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations
contained herein and to legally bind <<Company>>."]
3. <<Company>> is applying for a Brownfields Agreement with the North Carolina Department of
Environment and Natural Resources, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields
Act), in relation to the following <<Parcel Number(s)>>parcel(s) in <<City>>, <<County>>, County,
North Carolina: <<Street Address No. 1, Street Address No. 2, etc.>>
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
<<Company>>, and any parent, subsidiary or other affiliate meets the eligibility requirements of
N.C.G.S. 3 130A-310.31(b)(10), in that it has a bonafide, demonstrable desire to buyO sell D for
the purpose of developing or redeveloping, 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
<<Company>> 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.
Signature/Printed Name
Date
Sworn to and subscribed before me
this day of ________ , 20_.
Notary Public
My commission expires: (SEAL)
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Preliminary Proposed Brownfields Agreement
I. Property Facts
a. Property Address(es): 609 Melynda Road, Charlotte, NC
b. Property Seller: Bank of America, N.A. as Agent for Cenco, Inc.
c. Property Buyer: To Be Determined
d. Brief Property Usage History: (See attached Environmental Summary Report
e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
D School/childcare/senior care
D
D
D
D
D
D
D
D
D
Residential
Commercial, retail (specify)
Other commercial (specify)
Office
Light industrial
Heavy industrial
Recreational
Open space
Other (specify)
II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
~ Contaminants are from an on-property source(s)
D Contaminants are from an off-property source(s)
D
D
Contaminants are from an unknown source(s)
Contaminants have not yet been documented on the property
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final brown.fields 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 are 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 Environment and Natural Resources and the Department of
Justice. In satisfaction of the Act, the following fees apply to any brownfields agreement that is
developed for this project, 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 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.
D Please check this box and initial in space provided to indicate your
acknowledgement of the above fee structure.
Date of Submittal:
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I EXHIBIT A
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I EXHIBITB
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