23081_Kroehler Manufacturing_Revised LOE_20201113

November 13, 2020

Sent Via USPS and email
Tom Kiernan, Steve Gentry, and Steve Hopper
3412 Monroe Road Partners, LLC
PO Box 1259
Waxhaw, NC 28173
[e-mail]
Subject: Amended Letter of Eligibility
Kroehler Manufacturing
3412 Monroe Rd.
Charlotte, Mecklenburg County
Brownfields Project Number: 23081-19-060

Dear Mr. Kiernan, Mr. Gentry, and Mr. Hopper:
The North Carolina Department of Environmental Quality (DEQ) has received and reviewed your
revised September 21, 2020 Brownfields Property Application (BPA) submitted by Hart & Hickman, PC
on behalf of 3412 Monroe Road Partners, LLC as a Prospective Developer seeking a Brownfields
Agreement regarding the Brownfields Property. The revised documents indicate that the Prospective
Developer entity has changed from BIN-MR3412 LLC to 3412 Monroe Road Partners, LLC. Upon
review of the BPA with respect to the requirements of the Brownfields Property Reuse Act of 1997, DEQ
has determined that this project is eligible for entry into the North Carolina Brownfields Program (NCBP)
and for continued evaluation for a Brownfields Agreement (BFA).
Please note that while eligibility has herein been granted to 3412 Monroe Road Partners, LLC for
the subject property, the DEQ Brownfields Program will only negotiate a Brownfields Agreement on a
property with one eligible Prospective Developer. BIN-MR3412 has made us aware of their desire to give
up their Prospective Developer position on the subject property upon their sale to 3412 Monroe Road
Partners, LLC. As such, 3412 Monroe Road Partners, LLC’s status as Prospective Developer for a
brownfields agreement for the subject property will occur upon the acquisition of the property from BIN-
MR3412 LLC. For this reason, please note that we are copying counsel for BIN-MR3412 LLC on this
correspondence so they are also aware of this fact.
The next step in the BFA process will involve a detailed review of available environmental and
other relevant data to determine what is currently known about contamination at the Brownfields
Property, and what, if any, information gaps may exist that may require additional assessment. We are in
receipt of the following documents submitted with your BPA:
Report Prepared By Date
Phase I ESA Hart & Hickman October 7, 2019
Phase II ESA Hart & Hickman October 7, 2019
Kroehler Manufacturing
November 13, 2020
Page 2

If available, historical Brownfields Property information from the files of DEQ’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 DEQ agencies or regional offices. We will contact you regarding any additional assessment that
may be necessary to establish that the Brownfields Property is or can be made suitable for the intended
reuse, as required by statute
According to the BPA, the intended redevelopment for the Brownfields Property is mixed
commercial, retail, office, parking, warehousing and/or multi-family residential uses. Because risk
management decisions may vary depending on the nature of the redevelopment, it will be important that
DEQ review the locations of the various elements. Please forward any maps or drawings indicating these
details, even if they are only preliminary or conceptual.
Please note: The site uses in the application have not yet been determined to be suitable. That
determination will be made with further analysis of site specific data. Pending execution of a final BFA,
NCBP eligibility is provisional. The protections a BFA offers the Prospective Developer are not in effect,
unless and until, the BFA is executed. If you occupy the Brownfields Property or operate or conduct
activities at the Brownfields Property that result in a release of regulated substances before a BFA has
been finalized for the Brownfields Property, you may be considered to have caused or contributed to
contamination at the Brownfields Property. Because an entity that could be considered to have caused or
contributed to contamination at the Brownfields Property cannot be a Prospective Developer under the
Act, your eligibility for participation in the NCBP would be placed in jeopardy. Consult closely with your
Project Manager regarding any planned site activities prior to agreement finalization. You are cautioned
to conduct all such operations and activities at the Brownfields Property with great care not to cause a
release of regulated substances at the Brownfields Property that could jeopardize your eligibility for
participation in the NCBP.
If a party other than 3412 Monroe Road Partners, LLC will own the Brownfields Property at the
conclusion of the brownfields process, the final document (which gets recorded at the register of deeds’
office) must be signed not only by Prospective Developer, but by that owner. Failure by the Prospective
Developer to ensure, by the time the BFA negotiations are complete, the willingness to sign of any such
party, and to provide DEQ the exact name, email address, telephone number, and US mail address of the
party (along with the signatory/signatory’s tile in the case of an entity) will delay, and could prevent, the
BFA taking effect.
We are excited about the potential for public benefit offered by the reuse of the Kroehler
Manufacturing 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 the project manager, Bill Schmithorst by phone at 919-441-3606, or by e-mail at
[e-mail].
Sincerely,
Bruce Nicholson
Brownfields Program Manager
ec: Central Files, DEQ
Ellen Lorscheider, DEQ
Bill Schmithorst, DEQ
Ralph McGee, Hart & Hickman, PC
Buddy Kirk, Jr., Kirk Palmer & Thigpen, P.A.
Mary Katherine H. Stukes, Moore and Van Allen