10047_Atherton Mills LOE 2006_9_21

North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F.
Easley, Governor
William G.
Ross Jr., Secretary

1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] \ FAX [phone] \ Internet http://wastenotnc.org
An Equal Opportunity / Affirmative Action Employer – Printed on Dual Purpose Recycled Paper
September 21, 2006

Jude C. Peck
Edens & Avant Investments Limited Partnership
1901 Main Street, Suite 900
Columbia, SC 29201
[e-mail]

Subject: Letter of Eligibility
Atherton Mill
2000-2140 South Boulevard
Charlotte, Mecklenburg County
Brownfields Project Number 10047-06-60

Dear Mr. Peck:

The North Carolina Department of Environment and Natural Resources (DENR) has
received and reviewed your August 23, 2006 Letter of Intent (LOI) and September 1, 2006
revised affidavit; these letters have been submitted on behalf of Edens & Avant Investments
Limited Partnership, as a Prospective Developer (PD) seeking a brownfields agreement
regarding the subject site. Upon review of the letters with respect to the requirements of the
Brownfields Property Reuse Act of 1997, DENR has determined that this project is eligible for
entry into the North Carolina Brownfields Program and for continued evaluation for a
brownfields agreement.

The next step in the process will involve a detailed review of available environmental and
other relevant data to determine what is currently known about contamination at the site, and
what, if any, information gaps may exist that may require additional assessment. Historical site
information from the files of DENR’s Division of Waste Management will also be utilized
during the evaluation process. Please forward any additional information or data you may have
or can acquire for our evaluation. This should include reports from other DENR agencies or
regional offices. We will contact you regarding any additional assessment that may be necessary
to establish that the property is or can be made safe for the intended reuse, as required by statute.

According to the LOI, the intended redevelopment for the site is mixed use with
commercial, retail, and residential development. Because risk management decisions may vary
depending on the nature of the redevelopment, it will be important that DENR review the
locations of the various elements. A preliminary site plan was included with the LOI, if they are
major changes, please notify us.
Atherton Mill
September 21, 2006
Page 2 of 2

Based on a September 9, 2006 correspondence from Mr. Benne Hutson of Helms Mulliss
& Wicker, PLLC, Edens & Avant Limited Partnership took title of the property on September 7,
2006. If this is not correct, please notify us.

Ms. Sandra Moore, in the Raleigh Brownfields office, has been re-assigned this project.
She is very familiar with the property and formerly worked on the site during her tenure in the
Resource Conservation and Recovery Act (RCRA) Program prior to joining the Brownfields
Program. We am excited about the potential for public benefit offered by the safe reuse of the
Atherton Mill Site, and look forward to working with you to advance this brownfields
redevelopment project. If you have questions about this correspondence or require additional
information, please feel free to contact me by phone at 919/508-8415, or by e-mail at
[e-mail].

Sincerely,

Carolyn Minnich
Carolyn F. Minnich
Brownfields Project Manager
Division of Waste Management

cc: Project File

ec: Rob Gelblum, Special Deputy Attorney General
Bruce Nicholson, DENR
Sandra Moore, DENR
Benne Hutson, HMW