12033_N Tryon_ LUR 6 Approval 2016_12_7

PAT MCCRORY Governor DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Acting Director
State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 T
December 7, 2016 Sent Via Email ([e-mail])
Chris S. Walker K&L Gates LLP
214 North Tryon Street Charlotte, North Carolina 28202

Subject: Approval for LUR 6 Variance North Tryon Commercial
Charlotte, Mecklenburg County
Brownfields Project Number 12033-08-60
Dear Mr. Walker:
On November 28, 2016, the North Carolina Department of Environmental Quality (“DEQ”) Brownfields Program received an email request for a variance related to storage and use of known contaminant-s used on
the above referenced brownfields property. This request requires approval in accordance with the Notice of
Brownfields Property (NBP) Land Use Restriction Number 6 which states the following: 6. None of the contaminants known to be present in the environmental media at the Brownfields
Property, including those appearing in Exhibit 2 to this Agreement, may be used or stored at the Brownfields
Property without the prior written approval of DENR, except in de minimis amounts for cleaning and other routine consumer uses.
According to the documents you submitted, the tenant will keep the products in their original
packaging and containers (e.g., not sell them in anything other than the original sealed containers), and not use them on site in any way, similar to the following exception taken from Brownfields’ model land use restrictions menu: “except in products or materials that are brought onto the Brownfields Property, kept in their
original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in their original packaging or containers.” Under such conditions, DEQ approves this request with
the following additional requirement: if products are brought onto the property in containers 25 gallons or
larger, a spill control and prevention plan must be submitted and approved by DEQ Brownfields Program. Lastly, to clarify the definition of allowable uses in the Notice, retail the is sale of goods to consumers or other
distributors.
Be advised that this approval from the Brownfields Program does not waive any applicable requirement to obtain any necessary permits, licenses or certifications for the above listed activities nor does it waive any requirement to comply with applicable law for such activities. If you have any questions, please feel free to
contact me at 704/661-0330, or via e-mail at [e-mail].
Sincerely,
Carolyn Minnich
Carolyn F. Minnich
Brownfields Project Manager
Division of Waste Management

PAT MCCRORY Governor DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Acting Director
State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 T
ec: David Peacock, DEQ