HomeMy WebLinkAbout23067_Blythe Isenhour_Concl of BFA Process_20211123
November 23, 2021
Sent Via FedEx
Christopher J. Branch
Boulevard at 4920 Old Pineville, LLC
2100 Hastings Drive
Charlotte, NC 28207
Chris.Branch@blvdrea.com
Subject: Conclusion of Brownfields Agreement Process
Blythe Isenhour
4920 Old Pineville Road
Charlotte, Mecklenburg County
Brownfields Project Number 23067-19-060
Dear Mr. Branch:
We are very pleased that the Brownfields Agreement process regarding this project is
approaching its successful conclusion. To that end, please find enclosed the Notice of
Brownfields Property (Notice), the Brownfields Agreement (Agreement) and the plat for this
Brownfields Property certified by the North Carolina Department of Environmental Quality
(DEQ) via the signature of Michael Scott, Director of the Division of Waste Management.
Please promptly have all necessary parties on the Prospective Developers’ side of the
transaction sign the Notice and the Agreement. Please note that the Prospective Developer’s
signature on the Notice requires notarization. Please file the documents for recordation with the
Register of Deeds of Mecklenburg County. Documents to be recorded are:
• The Notice of Brownfields Property (signed and notarized);
o Exhibit A (signed Brownfields Agreement);
• Exhibit 1 (Site Location Map);
• Exhibit 2 (Data Tables);
o Exhibit B (8 ½ x 11-inch Reduction of the Survey Plat);
o Exhibit C (Legal Description); and
• Full-sized approved mylar survey plat (signed by DEQ).
NCGS § 130A-310.35(b) requires filing of the Notice within 15 days of Prospective
Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the
Brownfields Agreement, whichever is later.
Blythe Isenhour
November 23, 2021
Page 2
You are responsible for obtaining the Register of Deeds stamp at the top of the Notice’s
first page with the Book and Page numbers where both the Notice and the plat are recorded.
Upon your filing of the Notice, the register of deeds is required by NCGS § 130A-310.35(c) to
record and index it in the grantor index under the names of the owners of the land and, if
different, also under the name of the Prospective Developer.
Pursuant to paragraph 17 of the Agreement, as required by statute, within three (3) days
after the Register of Deeds has recorded the Notice of Brownfields Property, you shall furnish
DEQ with a copy of the Notice containing the certification by the register of deeds as to the
Book and Page numbers where both the Notice and the plat are recorded, and a copy of the
actual, full-sized plat with notations by the register of deeds indicating its recordation. Please
note that it is not necessary to send a mylar version of the recorded plat to the Brownfields
Program. Make sure that the exhibits to the Notice are attached to the certified copy you furnish
DEQ. Please send these items to:
Ms. Shirley Liggins
NC Department of Environmental Quality
Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
Electronic submittal of the certified copies is also an acceptable means to satisfy this
requirement. Such submittals should be sent to Shirley.liggins@ncdenr.gov and to
peter.doorn@ncdenr.gov.
Thank you for your attention to these final administrative matters, and for your help
throughout the Brownfields Agreement process for this property. Now that this project is
recorded, further communication on this Brownfields Property may be directed to the
Brownfields Property Management Unit by contacting bfpropertymanagement@ncdenr.gov or
David Peacock, Compliance Officer at david.peacock@ncdenr.gov.
Sincerely,
Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
Enclosures
Ec: Central Files, DEQ
Michael Scott, DEQ
Tracy Wahl, DEQ
Peter Doorn, DEQ
Haley Martin, Hart & Hickman, PC
Ralph McGee, Hart & Hickman, PC