HomeMy WebLinkAbout24002_Sherwin Williams Approval for Brownfields Public Notice 202108061
Schmithorst, William L
From:Schmithorst, William L
Sent:Friday, August 6, 2021 11:43 AM
To:Barry James
Cc:Scott, Michael; Nicholson, Bruce; Wahl, Tracy; Leonard, Laura; Watson, Samuel; Liggins,
Shirley; Tatum, Katie; Macdonald, Janet K; Day, Collin; Channell, Ryan; 'Chris Walker';
'Laura Truesdale'
Subject:Sherwin Williams Approval to Proceed to Brownfields Public Notice BF#24002-20-060
Attachments:24002 Sherwin William NBP for PC 20210806.pdf; Sherwin Williams SNI
20210730.DOCX; Sherwin Williams NI 20210715.docx; 24002 Sherwin Williams BFA
20210730.docx
Dear Mr. James,
Based on acceptance by the Prospective Developer of drafts of all four required brownfields documents ‐‐ the Notice of
Intent to Redevelop a Brownfields Property (NI), Summary of Notice of Intent to Redevelop a Brownfields Property (SNI),
Notice of Brownfields Property (NBP) and the Brownfields Agreement (Exhibit A to the NBP) ‐‐ and DEQ's approval of the
plat component of the NBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) in
connection with the required public notice and comment period of at least 30 days regarding the subject brownfields
project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which the brownfields property is
located;
2. Conspicuously post a copy of the SNI at the Brownfields Property;
3. Mail or deliver the SNI to each owner of property contiguous to the Brownfields Property;
4. Provide a copy of the full NI to the local location where it will be available for public review as stated in the SNI (due
to local COVID 19 restrictions, the documents will only be posted for public viewing by DEQ on Laserfiche); and
5. Provide a copy of the full NI, consisting of the one‐page NI and the NBP with its three exhibits (Exhibit A, the
Brownfields Agreement with its Exhibit 1, Exhibit 2, Exhibit B, the survey plat, and Exhibit C, the legal description), to all
local governments having jurisdiction over the Brownfields Property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin the day following completion of the above
public notice tasks. The date by which you have represented to the Brownfields Program that the last of the above
tasks will be complete is August 13, 2021. The NI and SNI, with this date filled in, are attached hereto for public notice
purposes. The comment period shall not end any sooner than 30 days after you complete the public notice tasks, or 30
days after this published date, whichever is later.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the public notices to DEQ
prior to DEQ entering into a Brownfields Agreement. That documentation shall be submitted by promptly providing to
me, preferably at william.schmithorst@ncdenr.gov or at Brownfields Program, 1646 Mail Service Center, Raleigh, NC
27699‐1646, the following:
Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the newspaper which
shows the name of the newspaper and the date of publication;
Photos of the SNI posted at the site, one close up to show the wording and one far enough to show the posting
location relative to the property;
Copies of the cover letters and copies of the mailing receipts stamped by the post office or copies of the delivery
service receipts for the SNI sent to contiguous property owners; and
A letter confirming receipt of the full NI from each local government entity and the entity where the document
will be available for viewing or delivery confirmation from the carrier confirming such receipt by these entities.
2
Thank you for your attention to these matters. If you have any questions or require additional information, you may
contact me.
Regards,
Bill Schmithorst
Project Manager, DWM Brownfields Program
North Carolina Department of Environmental Quality
919.441.3606 (Mobile - Primary)
919.707.8159 (Office)
Email: william.schmithorst@ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.