18050_CENCO_RevAT_20180212

VAN BUREN]LAw. PLLC
February 12, 2018
VIA REGULAR MAIL
Ms. Shirley Liggins
NC Brownfields Program
Division of Waste Management, NC DEQ
217 West Jones Street
Raleigh, NC 27603
FEB 2018
oy fields
�40
RE: Cenco Inc. Site,,609 Melynda Road, Charlotte, NC (the "Property");
Brownfields Project # 18050-14-060
Dear Ms. Liggins:
Van Buren Law represents Melynda Road "Realty, LLC ("MRR") and DTJT
Properties, LLC ("DT)T"). DTJT originally filed 'a Brownfields Application on
November 28, 2016 with DEQ. Per a letter from" DEQ dated December 8, 2016,
DEQ determined that DTJT was eligible to be a Prospective Developer for the
Property. At the time of the filing, DEQ and 'DTJT believed that execution of the
Brownfields Agreement was unminent-reportedly early 2017. Circumstances
have changed, and DEQ is requiring significantly :more assessment with respect
to the Property. In addition, certain tax advantages to having the Property
acquired by DTJT have expired. .
As a result, Tim Frye has created a new limited liability company, MRR, to
hold the Property and undertake any obligationsiri the Brownfields Agreement.
DTJT hereby requests that it be removed as .a "Prospective Developer" for the
Property and replaced by MRR. MMR. is a manager -managed limited liability
company that is 100% -owned by DTJT Properties, LLC. DTJT Properties, LLC is
100% owned by Tim A. Frye, Sr. A list of affiliates of MMR has been attached as
Exhibit A.
524 East Boulevard I Charlotte, NC 28203 1 phone [phone] www.vanburenlaw.com

February 12, 2018 ..
Page 2 of 3
Please call me if I can, provide any further information about the future
redevelopment at°the Property.
Enclosure
Cc: Ms. Sharon Eckard .(via email, w/
Bobby D. Hinson, Esq. (via'email,
Mr. Tim A. Frye, Sr. (via email, w,
Mr. John Reuscher (via email, w/ i
Ms. Sarah Hardison (via email, w/ encl)

y
February 12, 2018
Page 3 of 3.
Exhibit A
Affiliates of Melynda Road Realty; LLC
L Tim A. Frye, ;Sr.
2.. pTJT Properties, LLC, -a North Carolina'limited liability company, owned
100 % by Tim A. Frye; Sr.
3. FSL Inc.,a, North Carolina corporation, owned- 50% by Tim A. Frye, Sr.,
48% by Donna Frye and`2% by Tim Frye; jr.
4 FSI Enterprises, LLC, a South Carolina limited liability company, owned
50 % by Tim A. Frye, 'Sr., 48 % by Donna Frye and 2 % by Tim Frye, Jr.
5. 1828<Properties, LLC;'a North Carolina limited. liability company, owned
100 % by Tim A. Frye, Sr:
6. Skillet.Properties,-LLC, a North Carolina limited liability company; owned
100% by Tim A. Frye, Sr.

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4
NORTH CAROLINA DEPARTMENT.OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIE. S PROGRAM
IN THE MATTER OF: <<MELYNDA ROAD REALTY, LLC>>
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: -RESPONSIBILITY
STATUTES 3 130A-310.30,,et. seq. ) -•AND COMPLIANCE
<<TIM A. FRYE, SR>>>, being duly sworn, hereby deposes and says:
1. I am <<Managing Member of DTJT Properties,.LLC, the Managing Member» of <<MELYNDA
ROAD REALTY, LLC».
2. [if signatory is not President, add this paragraph:.:'I am fully authorized to make the declarations
contained herein and to legally bind <<MELYNDA ROAD REALTY, LLC>>."]
3. <<MELYNDA ROAD REALTY, LLC» is applying' for a Brownfields Agreement with the North
Carolina Department of Environmental Quality,�pursuant to N.C.G.S. 3 130A, Article 9, Part 5
(Brownfields Act), in relation to the following <<I'ax Parcel(s) 05712101, 05712102, 05712218, and
05712302)»parcel(s) in <<Charlotte>>, «Mecklenburg» , County, North Carolina: <<544 and 609
Melynda Road, 631 Toddville Road and an unaddressed parcel on Grove Street.>>
4. I hereby certify; under the pains and'penalties of perjury and of the Brownfields Act, that
<<MELYNDA ROAD REALTY, LLC», 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 bona fide, demonstrable
desire to develop or redevelop, and did not cause'or•contribute to the contamination at, the parcel(s)
cited in the preceding paragraph.
5. 1 hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that E .
<<MELYNDA ROAD REALTY, LLC» meets the -eligibility requirement of N.C.G.S.3130A-
310.32(a)(1) 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.
AfTiant further saith not.

Melyhda Road Realty LLC
a North Carolina limited liability company
DTJT.•Properties, LLC,
its 1Vlanaging Member
aine: TimAAA.F r.
Title: Managing Member
Date: 5 __-)0/
STATE OF
COUNTY OF �n
I certify .that the following person personallyappeared before me on this day,
acknowledging,to'me that he/she signed the ftirgoing:document: Tim A. Frye, Sr:, as
Manag Member of DT1T Properties, LLC; the.Marieg Member of Me_lyftda Road
Realty; LLC. .
Date: 2018
Oificik i `tur f Notary
°� Prmte ame of Notary
04
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