14043_Morganton Heights_Email Non-compliance Correspondence_2023Mar16

From:BFPropertyManagement
To:Scott, Erin B.; BFPropertyManagement; Peacock, David
Cc:Christina Mayo; Anna Cressman; Robyn Roberts; Thompson, Jordan L
Subject:RE: [External] RE: Notice of Non-compliance @ 400 Henredon Drive, Burke County
Date:Thursday, March 16, 2023 3:26:00 PM
Hi Erin,

Thank you for suppling the response for ARCP MT Morganton NC, LLC regarding the September 2022
Notice of Non-compliance Land Use Restrictions Update (LURU) and the corrective deed. The deed is
now in compliance with the recorded Notice of Brownfields Property.

However, the restriction pertaining to the submittal of the LURU by the Brownfields Property owner
is specific to owners as of January 1st. Furthermore the requirement does not preclude the January
1st owner from submitting the certification after any transfer of property after January 1st. In fact, as
stated in the provided reply letter, the property was transferred in April of 2022 evidencing that ARC
MT Morganton NC, LLC was owner as of January 1st, 2022, which was required by Notice to supply a
certification in January of that year. The certification by the then January 1, 2022 owner has not
been received and therefore continues to remain out of compliance with the Notice of Brownfields
Property.

For reference here is the provision from the recorded Notice specific to the annual certification
requirement:

“12. During January of each year after the year in which the Notice is recorded, the owner of
any part of the Brownfields Property as of January 1st of that year shall submit a notarized
Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and
environmental officials of Burke County, certifying that, as of said January 1st, the Notice
remains recorded at the Burke County Register of Deeds office and that the land use
restrictions applicable to that owner’s part(s) of the Property are being complied with. This
LURU shall also state:
a. the name, mailing address, telephone and facsimile numbers, and contact person’s e-
mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
b. the transferee’s name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address, if said owner transferred any part of the Brownfields Property
during the previous calendar year.
c. whether, at grade as of recordation of the Notice, a minimum of two (2) feet of clean fill
or a building, paved parking area or other impervious surface is present and being
maintained at the locations referenced by LUR 6 above.
d. whether any vapor mitigation measures installed pursuant to Land LUR 7 above are
performing as designed, and whether the uses of the ground floors of any buildings
containing such vapor barrier and/or mitigation systems have changed, and, if so, how.”

Have ARCP MT Morganton NC, LLC submit their required LURU using the site specific form to remain
compliant with the recorded Notice. Their submittal will show that the property/owner remained in
compliance with the land use restrictions, including information in subparts a-d of the restriction 12
above, and that the Notice remained recorded at the Burke County register of deeds during 2021.

Sincerely,
David

David PeacockEnv. Program Consultant, Brownfields Property Management BranchBrownfields Redevelopment SectionDivision of Waste Management
North Carolina Department of Environmental Quality910.796.7401 (Office) | 919.280.3408 (Mobile)[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Join our Land Use Restrictions Update (LURU) reminder list: http://eepurl.com/cvVzfr

One-Stop Project Data Gate (Map, Inventory, Documents): http://deq.nc.gov/brownfields-sites-
and-boundaries

From: Scott, Erin B. <[e-mail]>
Sent: Thursday, March 9, 2023 7:21 PM
To: BFPropertyManagement <[e-mail]>; Peacock, David
<[e-mail]>
Cc: Christina Mayo <[e-mail]>; Anna Cressman <[e-mail]>; Robyn
Roberts <[e-mail]>
Subject: [External] RE: Notice of Non-compliance @ 400 Henredon Drive, Burke County

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.

Hi David,

This firm represents ARCP MT Morganton NC, LLC in connection with the prior sale of the above-
referenced property. I am in receipt of your email below and the Notice of Noncompliance dated
September 21, 2022. Please see our attached response, which will also be sent via FedEx.

Thanks,
Erin

Buchalter
Erin B. Scott
Attorney
T [phone]
[e-mail]
15279 N Scottsdale Road, Suite 400
Scottsdale, AZ 85254-2659
www.buchalter.com

From: BFPropertyManagement <[e-mail]>
Sent: Wednesday, November 2, 2022 1:53 PM
To: Willy Geschwill <[e-mail]>; BFPropertyManagement
<[e-mail]>
Subject: RE: [External] Notice of Non-compliance @ 400 Henredon Drive, Burke County

This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.

Willy Geschwill:

Thank you for you returning my call today regarding the subject Brownfields Property.

The property and owner, which is the subject of the letter notice of noncompliance, is shown to
have sold the property in April 2022 according to register of deeds documentation. Please see the
attached deed and plat obtained from the Burke County Register of Deeds online for the most
recent property transfer associated with ARCP MT Morganton NC, LLC.

Also, the transferring deed does not include required language as per our North Carolina General
Statutes 130A-31.35(d), which is additionally referenced in the recorded Notice of Brownfields
Property. The Agreement (Exhibit A to the Notice) paragraph 21 provides the correct statement to
be used in transferring instruments such as, but not limited to, deeds or leases.

Please share this information with the appropriate persons so that ARCP MT Morganton NC, LLC can
correct any ongoing non-compliance. I am available to try to answer any questions about the annual
certification requirements.

Sincerely,

David

David PeacockEnv. Program Consultant, Brownfields - Division of Waste ManagementNorth Carolina Department of Environmental Quality
1646 Mail Service CenterRaleigh, NC 27699-1646910.796.7401 (Office) | 919.280.3408 (Mobile)[e-mail]

Email correspondence to and from this address is subject to theNorth Carolina Public Records Law and may be disclosed to third parties.

Join our Land Use Restrictions Update (LURU) reminder list: http://eepurl.com/cvVzfr

One-Stop Project Data Gate (Map, Inventory, Documents): http://deq.nc.gov/brownfields-sites-
and-boundaries

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