18050_Cenco_IN_20141125

From:Kady, LebeedTo:Bateson, James; Caulk, Kim; Jesneck, Charlotte; Walch, John; Doorn, Peter; Marks, Cheryl; Lown, David; Parris, Bruce; Qi, Qu; Day, Collin; Boyles, Sean; Alexander, Delonda; Barnhardt, Art; Davies, Robert; Andersen, Jan; Bullock, Scott; Powers, Mark; Randolph, Wayne; Kromm, Carin; Jackson, Vance; Taraban, Ron; Scott, Michael; Aja, Deborah; Bradford, Teresa; Hare, Wes; Watkins, Jason; Shackelford, Dennis; Mussler, Ed; Woosley, Julie; Mccarty, Bud; Williford, Mike; Burch, Brent; Patterson, Jenny; Cotton, Helen; Zimmerman, Jay; Matthews, Matt; May, David; Davidson, Landon; Knight, Sherri; Pitner, Andrew; King, Morella s; Bolich, Rick; [e-mail]; [e-mail]; [e-mail]; Pruess, Heidi; [e-mail]
Cc:Culpepper, Linda; Scott, Michael; Akroyd, Cathy R; Nicholson, Bruce; Liggins, ShirleySubject:Initial Notification - Proposed Brownfields Redevelopment - Cenco, Inc.Date:Tuesday, November 25, 2014 11:57:10 AM
To DENR Cleanup Programs:
The Brownfields Program is in receipt of a Brownfields Property Application (BPA) for the following property:

Site Name: Cenco, Inc.
BF Project Number: 18050-14-060
Site Address: 609 Melynda Road
City/County/Zip: Charlotte/Mecklenburg/28203
Tax ID: 05710152 (9.49 acres), 05710153 (6.39 acres), 05712101 (2.67acres),
05712102 (11.85 acres), 05712218 (6.84 acres), and 05712302 (0.619 acres)
Known Identification Numbers (put "none" if none):
NCD#: NCD046148540
GW Incident #: None
DWQ, APS, Incident No. 8440,

Map link:
https://www.google.com/maps/place/609+Melynda+Rd,+Charlotte,+NC+28208/@35.274519,-80.910253,17z/data=!3m1!4b1!4m2!3m1!1s0x8856a3ce230f34a9:0x8a923bc1015ec86d
We are now evaluating Hart & Hickman, P.C. (H&H) on behalf of Bank of America, N.A.as Agent for Cenco, Inc. for entry into the Brownfields Program for the subject property, not as a
prospective developer, but as a seller of property it owns to a yet undetermined prospective developer. The applicant itself will not receive a brownfields agreement.
Under the Brownfields Property Reuse Act, only entities that did not cause or contribute to the contamination at the property are eligible to receive liability protections under a brownfields
agreement. Bank of America is not seeking liability protection of a brownfields agreement for itself, but is merely seeking to sell the property to an eligible prospective developer yet to be
determined. As such, Bank of America seeks to negotiate a draft brownfields agreement in advance of the sale of the property that will be picked-up by a future prospective developer who
will purchase and redevelop the property. In order for that future prospective developer to finalize and sign the brownfields agreement, they will be required to demonstrate that they
have not caused or contributed to contamination at the property and meet all other statutory eligibility criteria.

Although Bank of America is not asserting that it has not caused or contributed to the contamination at the property, it does assert that it is in substantial compliance with laws,
regulations, and rules for the protection of the environment and that the sale and redevelopment of the property will provide public benefit. If you have information to suggest otherwise,
please provide that information to me (via the contact information at the bottom of this notice) by December 9, 2014.
Previously the site was mainly undeveloped and used for tanker truck rinsing. The site currently used for towing, truck repair and drayage. The source of contamination is a former
wastewater treatment system on-site.
Information regarding Hart & Hickman, P.C. (H&H) on behalf Bank of America, including the primary contact person, is as follows:
Applicant Business Entity Name: Cenco, Inc.
Applicant’s Contact Person: John Reuscher
Applicant’s Address: 2923 South Tryon Street, Suite 100, Charlotte, NC 28203
Applicant’s Phone 704-887-4634
Applicant’s Email: [e-mail]

It is important to note that a Brownfields Agreement (BFA) has no legal effect on your agency's authority to regulate or enforce against any and all parties who caused or contributed
to the contamination at the property. Therefore DENR cleanup programs are free to pursue any and all parties who caused or contributed to the existing contamination at the site.
A BFA only provides liability protection to a non-causative redeveloper of the property. In fact, the BFA will require the developer to provide access to the property to any party
doing work under another DENR program, and the Brownfields Program has numerous sites where another program is enforcing against a responsible party while we are working
with the developer on brownfields actions. The developer will only be required to make the property safe for its intended re-use. That will not include cleanup to unrestricted use
standards, unless that is consistent with the developer's proposed use of the property.

Furthermore, the brownfields agreement will not change the prospective developer's responsibility to obtain any and all DENR permits (e.g. stormwater, sediment control, NPDES,
etc.) required for its operations or activities on site from the appropriate DENR agencies, as required under applicable law.

The Program does not desire to inundate all regulatory entities with additional email notices unless you request it. So, if you would like to be notified when this project is deemed
eligible to pursue a brownfields agreement, please let me know. Otherwise, you will not be notified until the point that there has been adequate assessment to determine that the
site is or can be made safe for the intended reuse. If you have any questions, please don't hesitate to contact me.

Thanks for any help you can provide. - Lebeed

Lebeed Kady
Project Manager
N.C. Brownfields Program
Division of Waste Management
N.C. Department of Environment and Natural Resources
217 W Jones St.
Raleigh, NC 27603
Email: [e-mail]
Tel. [phone]
http://www.ncbrownfields.org
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